Chaos: or, A discourse wherein is presented to the view of the magistrate, and all others who shall peruse the same, a frame of government by way of a republique, wherein is little or no danger of miscarriage, if prudently attempted, and thoroughly prosecuted by authority.: Wherein is no difficulty in the practice, nor obscurity in the method; but all things plain and easie to the meanest capacity. Here's no hard or strange names, nor unknown titles (to amaze the hearers) used, and yet here's a full and absolute power derivative insensibly from the whole, and yet practically conveyed to the best men: wherein if any shall endeavour a breach, he shall break himself: and it must be so, that cats shall provide supper, here they shall do it suitable to the best palats, and easie to digest. By a well-willer to the publique weale.

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Title
Chaos: or, A discourse wherein is presented to the view of the magistrate, and all others who shall peruse the same, a frame of government by way of a republique, wherein is little or no danger of miscarriage, if prudently attempted, and thoroughly prosecuted by authority.: Wherein is no difficulty in the practice, nor obscurity in the method; but all things plain and easie to the meanest capacity. Here's no hard or strange names, nor unknown titles (to amaze the hearers) used, and yet here's a full and absolute power derivative insensibly from the whole, and yet practically conveyed to the best men: wherein if any shall endeavour a breach, he shall break himself: and it must be so, that cats shall provide supper, here they shall do it suitable to the best palats, and easie to digest. By a well-willer to the publique weale.
Author
Well-willer to the publique weale.
Publication
London :: printed for Livewel Chapman, at the Crown in Popes-head Alley,
1659.
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Subject terms
Great Britain -- History
Link to this Item
http://name.umdl.umich.edu/A78571.0001.001
Cite this Item
"Chaos: or, A discourse wherein is presented to the view of the magistrate, and all others who shall peruse the same, a frame of government by way of a republique, wherein is little or no danger of miscarriage, if prudently attempted, and thoroughly prosecuted by authority.: Wherein is no difficulty in the practice, nor obscurity in the method; but all things plain and easie to the meanest capacity. Here's no hard or strange names, nor unknown titles (to amaze the hearers) used, and yet here's a full and absolute power derivative insensibly from the whole, and yet practically conveyed to the best men: wherein if any shall endeavour a breach, he shall break himself: and it must be so, that cats shall provide supper, here they shall do it suitable to the best palats, and easie to digest. By a well-willer to the publique weale." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A78571.0001.001. University of Michigan Library Digital Collections. Accessed June 14, 2024.

Pages

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The first days Work.

ANte mare & terras— as the wanton Poet sings, rudis erat molis quem dixere Chaos. It might be well wished the sober heads of these times could use the Poers words, erat ante: but as if Fortunes Wheel were turned pside down we may seem to be in the first condition of things again, ubi mollia pugnant duris. The Tail commands the Head, and all things are out of course; insomuch as a Solon was never any where more needful. And the childrens burthens are grown so great, as if a Moses appear not in time, it may be feared deliverance will come too late. After Nebuchadnezzar knew that the most high bears rule, his Kingdom was restored. Eng∣land no doubt wishes their Rulers had learned the same lesson; and if they have, that the practice thereof may appear in publike: for though the Sword seems satiated with bloud, yet the Elements threaten Vengeance if we return not: And though for Rulers offences the People suffer, yet they seldom escape Scot-free. It were to be wished, examples hereof were not so obvious in this Ge∣neration as they have been. Oh that Englands Rulers may see the work of the day! that Pride, Tyranny and Oppression may receive their reward: which, whilst men accused of greatest crimes sit as Judges in their own cause, cannot be expected; nor whilst any of those who have voices in making Laws, shall be admitted the Sanctuary of a Prison, to shelter themselves from the penalty there∣of,

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of, can be hoped for. O horrenda & impudica rabies! And that the People follow their Guides, is sadly witnes∣sed by this days Verdict of a Devonshire-Jury at the Upper Bench Bar, who (in despight of the Judges honest, ho∣nourable and wary Advertisements) betrayed the Inno∣cent to the Fury of her over-potent Adversary, and set the guilty free; whereby they have used their utmost en∣deavours to prostitute their maids, daughters and wives to the lustful abusion of the wicked at their wills.

It were happy if every day spoke not the same or worse language, so much resembling that of Babel or Sodom, as nothing ever appeared so like the Poets old Chaos as this present Age. These few particulars, amongst the innu∣merary numbers of Babylons brats daily dispersed to the a∣busion of all that hath any resemblance of Goodness, com∣pels that hand which never intended any such thing, to command the Press, which now hath liberty beyond mea∣sure, to measure even Immensity it self; not purposing to accuse any for robbing the Publike, to erect a Private inte∣rest; nor for pretended relieving the Publike, to strain the strings of their Inventions, to contrive new Impositi∣ons; nor yet for pretended Frugality to the Common∣wealth, to destroy thousands of the Commons, by deny∣ing justice, thereby cherishing all villany and wickedness in the highest measure.

But when the Publike Faith of a Nation turns Bankrupt, who shall be accused? the Borrowers, or the Lenders? Sure if the Borrowers had not promised fair, the Lenders had not been. O unhappy hand, that ever drew Sword to countenance such things, as the Paper blushes to bear the news of! Yet O happy age, that affordest Hands to effect what Heads cannot do! Yea, O happy people, who live in such an Age where God commands the meanest of things to be means of Deliverance! Surely he hath Mer∣cies yet in store for such a people, if embraced: if not, let Moses and the Prophets declare the issue; or rather, the Saviour of the worlds weeping over Jerusalem, admo∣nish,

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to beware of what that rebellious City shortly after suffered.

And if any shall say these Lines fell from Rabshakeh's Pen; let them consider, their origine, their birth and growth, is from Chaos. But the Poets word ante gives hopes, that as his ante was the fore-runner of better com∣posures, where was mare, coelum & terras; so this pre∣sent time elapsing, this Generation may hope to see mare & terras in their proper places, and coelum supervolutans, illuminans, & recreans. For never had Nation a Magi∣stracy better schooled and discipled, nor did ever Magi∣strate govern a people so generally capable of the best Rule of Government, as this is. But if, with Miles the Frier's man in the Fable, we flout and abuse this coy Mi∣stress TIME, and improve not the advantage and oppor∣tunity thereof, she will be gone, and then repentance may come too late.

Now that Chaos-like, out of which Order was produ∣ced, matter be administred for the framing of such a stru∣cture of Laws and Regiment, or at least some Instruments brought to search for some Foundation, or to discover some Quarries or other materials fit for so great a Fa∣brick, which is not to be expected to be done all at once, and all in one day, by any one private hand, nor yet from all the heads of our Governours at present, whose cares for speedy remedy to prevent imminent dangers, takes a∣way much of their time from these other contrivances. And though no one piece of what shall here be offered, shall be found fit stuff to build withal, yet may other more dextrous Artists be hereby invited to furnish the proper materials for the very work it self.

Chaos never travelled; or if she did, it was when she was in the womb of Nothing. So she brings no customes from other Countries, nor Laws from other Lands: one∣ly as the birth is produced in its proper dimensions, not respecting any other feature or proportion in the whole frame of Nature, who lest any part or member thereof

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should steal anothers right, hath framed all creatures, A∣nimate, and Inanimate (if such a conjecture may be ima∣gined) in a convenient disparity each to other: yet so, as there is still an harmonious parity in the whole. So Chaos neither doats upon her neighbour-customs more then is convenable, nor is she affected with strange novelties fetcht from far Countries, so ardently as to surfeit there∣on: she is neither bewitched with the beauty and riches of the Grand Seignior's Seraglio, neither is she enamour∣ed with the Cantonian formalities. All the Mitres in the Conclave of Rome, cannot invite her to fetch her Laws from Italy, nor all the Decencie and Liberty of Amsterdam furnish her with more then some miss-shapen pieces, which she purposes to polish for her own purpose. She purposes not to pry too deep into the Spaniards Sun∣burnt Inquisition, nor yet to roave too far in the frigid Zone of the Tartarian Territories; but out of her own store, Chaos-like, is her furniture; only the deck and dress may seem to be sometimes borrowed from one, sometimes from another. Yet unless she be new built, so as to suit with the temper of her own climate, she will be unservice∣able, and her fruit abortive.

Chaos considering that in six days a Creation of excel∣lent beauty and proportion, suiting to the magnitude thereof, in number, weight and measure, was by an all∣powerful hand produced, has propounded to her self six days work for perfecting of her intended Creation. (Crea∣tion she calls it, because she finding all the Rafters of her old Building rotten, and the Mortices and Tenons full of rubbish, all the Pins either broken or pull'd from their places, all the Beams battered and bruised, and indeed the whole Fabrick ready to fall about her ears.) As Light was the first thing in the Creation, and so properly called the work of the first day; so for her first days work she propounds for the Balancing of Interests, and reducing each piece to its proper place, (the praecognita being first allowed of, viz. a time prefixed (as already in great wis∣dom

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the present Rulers have done) for the Parliaments sitting; within which time if they be idle, their work will be left undone; and what will be their Reward, if so?) So as if any one piece seem to be wrested out of its place, the weight and frame of the whole prevents it.

It is proponed, that one Common Interest be erected, whereof each member shall share, as well in receiving protection from, as giving contribution to; and to be so incorporated, as no variant opinion, either in Religion or Policie, shall be able to weaken the whole: (but if any shall endeavour it, it shall by weakning and destroying it self, add still to the whole.)

And as a light to the ensuing Intendment, Chaos pro∣pounds, That in this Island of Great Britain (heretofore consisting of many, but of late days of three distinct Prin∣cipalities; heretofore divided into many, but now either all speaking, or all understanding one and the same lan∣guage, and also incorporated into one Commonwealth) be one Law, and one Registery, dispersed into severall parts thereof; and so disposed, as each part shall be subservient to other, and each communicative to other, and all to the whole; not purposing to deprive the Head of his due respect, neither the Body, or any member thereof, of their proper dues, according to each ones particular propriety and proportion, without destruction or diminution of any Right, Franchise or Priviledge due to any Lord of Mannor, or other Proprietor whatsoever, or detraction from the just freedom of any English-men: wherein is proposed to the Magistrate, Honour and respect; to the Lawyer, Pro∣fit; to the People, enjoyment of Magna Charta; and to the Republick, the enjoyment of all. The distribution whereof, Chaos propounds to be, National, Provincial, Sub-Provincial, and Parochial; each Registry to have his Court and Officers. To which Courts and Registeries all matters of Civil concernment shall be reduced: and this to be erected within eight months, so that the present Ma∣gistracie

Page 6

may have the honour to lay the foundation there∣of, and to reap the benefit also, when others shall come in their places, to ease their shoulders of the burthen of Go∣vernment, which none or few in the Nation are or can be enabled to go thorow so dexterously as they now are, who are at present entrusted therewith. In the intervall of which time, Chaos propounds (as that light may appear to be the fruit of this first days work) that all Suits in Law or Equity may be determined within six Months; and to that end, that sufficient time be alotted to the Judges Iti∣nerant in the several Circuits, for hearing and determining of all matters which shall be brought before them: and that within one month after the Circuit, another Term be kept in Westminster, where all further Issues may be joy∣ned; and another Circuit a month after that, for finishing the whole business as to matter of Law.

And for all Actions depending in Equity, let Judges in Chancery sit de die in diem, and cause speedy examinati∣ons of all things needfull to be made, and bring all to hear∣ing in Michaelmas Term next, or shortly after, upon pain of great Fines to be imposed upon the Judg or Judges who shall be remiss herein, and absolute loss of the Cause to the Clyent, whether Plaintiff or Defendant, that shall endeavour further delayes; and let Judges enow be ap∣pointed for that purpose at the Commonwealths charge. The like course to be used by all Committees: and that no new Suits be in the Interim commenced, That publike notice hereof be given to the whole Nation, at or before the next Assizes; and this to suffice for the first dayes work: only to shew what's intended for further light to the whole Creation, which is to receive Life and Perfection in the following days, within the time allotted, is promised Rules for the five dayes work to come, viz. For the

2. Rules for Registers, which shall but be one to all purposes, but distributed into its several parts.

3. For the Law and Jurisdiction of each several Re∣gisterial Court.

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4. For future Elections and Transactions of Parlia∣ment.

5. For Assesments, Customs, Excise, and Provision for the Poor. And

6. For Trade and Husbandry; under which the Militia shall be comprehended, as also Provision made for the Ministry and Schools of Learning, as the perfection of the work: upon each of which, if this be approved of by Authority, and a Fiat put to the first dayes work already proposed, a several Discourse is intended for each succee∣ding dayes work, in their proper times.

The Second Days Work.

The first days work to view hath brought The Laws in Nature Chaos taught: The second days separation make Old senceless Chaos fabrick quake.

1. LEt a National Registery be appointed at Westmin∣ster, * 1.1 to consist of a Register and six Clerks assi∣stant or deputies, each of which to have so many writing and examining Clerks under them as the work shall re∣quire; which may be encreased at pleasure for dispatch, and discharged again, when the croud of business shall be over: let certain Rules be given, and competent Fees allowed.

2. * 1.2 Let each County in England be one entire Pro∣vince, and those again allotted to the jurisdiction of the said several six Clerks or Deputies, viz. so many Coun∣ties, Towns and Cities, as are comprized within the riding of every respective Circuit of the Judges, and no more,

Page 8

to be within the Cognizance or Registry of one Clerk, As∣sistant or Deputy; and so the six several Circuits to be respectively apportioned to the six Clerks, (that is to say) to each Clerk one Circuit; with whom entries to be made of all particular Estates lying in several Counties in the same Circuit.

3. * 1.3 In each Shire-Town, within each several and respe∣ctive Province, let a Provincial Register be appointed; each Provincial Register to have two Clerks, Assistants or Deputies; between whom each County or Province shall be equally divided, half the Sub-provinces, Hundreds, Wapentakes to one, the other half to the other, save the County and Province of York; and there to be three Clerks, Assistants or Deputies, viz. for each riding one; each Assistant or Deputy to have so many writing Clerks and Examiners under every of them apart, as the work shall require.

4. * 1.4 Each several Wapentake, Hundred, Lath or Rape, to have a particular Register, by the name of Sub provin∣cial Register; and be reputed a Sub-province, to have de∣pendance on, and respect to the Provincial Register, within whose Province or County the same is, and not o∣therways (save as hereafter is directed) each Sub-provin∣cial Register to have one Clerk, Assistant or Deputy, and so many writing and examining Clerks under him again as the work shall require.

5. * 1.5 Each several Parish shall be one Registry, and have a distinct Register; and where the Parishes shall be too lit∣tle, let two or more be joyned together into one Parish, and have one Parochial Register; each several and re∣spective Parochial Register to have under him a Clerk, As∣sistant or Deputy, and under-Clerks also as need shall require.

6. * 1.6 All and every person and persons, bodies Politique and Corporate, who shall have any Estates in two or more several Circuits, shall enter the same distinctly with the several and respective Clerks; that is to say, with every

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Clerk or Deputy in the National Registry respectively, so much as lies within his Circuit or Clerkship, and no more; and when the entries of the whole shall be perfected, the total of the Annual values in each respective Circuit, shall be transmitted from every several Clerk, with whom en∣try of any parcel of such Estate shall be made, to that Clerk with whom the Entry of the largest proportion of such Estate shall lie; or where the chief residence, or most ancient seat or title of Honour to the present Ow∣ners thereof, is or shall be.

7. All and every person and persons, * 1.7 bodies Politique and Corporate, who have or claim any Right, Title or Inte∣rest, either in Possession or Reversion to any Mannor of Inheritance of the annual or yearly value of 1000 li. or upwards; and also such who have Estates of Inheritance in several Counties or Provinces, though of less value, shall enter the same in the National Registry, with the proper Clerk or Clerks, according to former direction, and not elsewhere.

8. All person and persons, * 1.8 bodies Politique and Cor∣porate, who shall have, or claim to have any Right, Title or Interest, either in Possession or Reversion, to any Man∣nor of Inheritance within any one Province, above the yearly value of 100 li. and not exceeding 1000 li. per an. and shall have no Estate elsewhere, shall enter the same in the Provincial Registry within which it lies (that is to say) with each respective Clerk, Assistant or Deputy, such part thereof as shall lie within the limits of his part of the Registry, for the County, Shire or Province, and not else∣where; and (when the Entries thereof shall be perfected) Returns shall be made by the other Clerk or Clerks, As∣sistant, Deputy or Deputies (where the meaner or lesser part or parts of the same shall lie, to the Clerk, Assistant or Deputy, with whom Entry shall be made of the Mansi∣on House, ancient seat, or chief Inheritance) of the whole yearly value or values, with him or them entred; which shall be added to the other Entry, remaining with that

Page 10

Clerk or Deputy, by whom the chief Entry shall be made as aforesaid.

9. * 1.9 All such person and persons having Estates as afore∣said, above the clear yearly value of 10 li. and not exceed∣ing 100 li. per annum, lying within any one Hundred, Wapentake, Lath; Rape or Province, and shall have no Estate elsewhere, shall enter the same with the Sub-pro∣vincial Register within whose Registry the same lies, and not elsewhere.

10. * 1.10 And all such person or persons having Estates as a∣foresaid, in any one Parish or Parochial Registry not ex∣ceeding 10 li. per annum, and shall have no Estate of In∣heritance elsewhere, shall enter the same with the Regi∣ster of that Parish where it lies, and not elsewhere; and also all Inhabitants, Tenants, Owners and Occupants of all Lands, Tenements and Hereditaments, shall enter the same with the Parochial Register where the same lie, and under what Title, Condition, Rent or Service the same are held, and of whom, and to whom the said Rents or services are payable.

11. * 1.11 In like manner Entries shall be made of all Debts and Specialties exceeding 1000 li. with the National Register; of all Debts above 100 li. and not exceeding 1000 li. with the Provincial Register; of all Debts above 10 li. and not exceeding 100 li. with the Sub-provincial Register; and of all other smaller Debts not exceeding 10 li. with the Parochial Register, where the party and parties indebted shall severally and respectively live, or the Estate lie whereon the same shall be charged: each such respective Entry to be made with that Clerk Assi∣stant, Deputy, Inferiour Register, or his Deputy, within whose respective limits the party indebted shall then live, or the Estate therewith charged lie; according to the di∣rection for Entries as abovesaid.

12. * 1.12 After all such Entries shall e made and perfected as aforesaid, the National Register shall (within 14. daies) certifie the name, nature, and value of every seve∣ral

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and respective Estate with him entred, and by whom the same is claimed, and by what Title, and in whose tenure or occupation the same is, to the several and respective Provincial Registers within whose limits the same shall lie; that is to say, To each Provincial Register so much as lies within his Province or Registry, and no more.

13. * 1.13 Each several Provincial Register shall within eight daies after receipt of such Certificate as aforesaid from the National Register, make the like Certificate to each Sub-provincial Register within his jurisdiction, of the name, nature and value of every several and respective E∣state with him entred, or to him certified; and by whom the same is claimed, and by what Title, and in whose oc∣cupation the same is; that is to lay, To each several and re∣spective Sub-provincial Register of so much as lies within his Sub-province, and no more.

14. * 1.14 Each several Sub-provincial Register shall within six daies after receipt of such Certificate as aforesaid, from his Provincial Register, make the like Certificate to each Parochial Register within his jurisdiction, of the name, nature and value of every several and respective Estate with him entred, or to him certified; and by whom and by what Title the same is claimed, and in whose occu∣pation the same is; that is to say, To each distinct Paro∣chial Register of so much as lies within his Parish onely, and no more.

15. * 1.15 Each several and respective Parochial Register (forthwith upon receipt of the several Certificates afore∣said) shall examine all the Entries made in his respective Registry; and where several claims shall be made by seve∣ral persons, under several Titles to one and the same thing, the Register shall give notice thereof to the pre∣sent Inhabitants, Tenants or Occupiers thereof, and al∣so to his Sub-provincial Register, within six days; and if it exceed the Cognizance of the Sub-provincial Register, he shall certifie the same to the Provincial Register, who if it exceed his Cognizance, shall certifie the same to the

Page 12

National Register; each to certifie to other within six days after the date of the Certificate to him directed.

16. * 1.16 Each Parochial Register shall likewise certifie to the Sub-provincial Register under whose jurisdion he is, the names and values of all Estates of Inheritance lying with∣in the same Parish, and of all Fee-farme-rents, Quit-rents, Rents of Assize, Copyhold-rents, or other dry-rents what∣soever, issuing out of the same Parish; also the names, qualities and habitations of the several and respective Owners and Proprietors thereof, whether resiant in the same Parish, or elsewhere, within ten days after the first Entries thereof in his Parochial Registry shall be per∣fected. And also the total Annual value of all Estates of Inheritance within his Parish or Registry, in one entire sum at the foot thereof.

17. * 1.17 Each Sub-provincial Register shall likewise certi∣fie to his Provincial Register within whose jurisdiction he shall respectively be, the several and respective names and values of all Estates lying and being in his Sub-pro∣vince; and the names, qualities and habitations of all per∣sons whatsoever Owners thereof; and also the whole clear yearly value of all such, cast up in one sum at the foot thereof, within ten days after his receipt of all the se∣veral Parochial Certificates aforesaid, within his Sub-pro∣vince.

18. * 1.18 Each Provincial Register shall likewise certifie to the National Register (within twenty daies after his re∣ceipt of all the several Certificates from the several Re∣gisters within his Province) the names, qualities and ha∣bitations of all person and persons whatsoever not resi∣ding in his Province, who claim any Estate in the same Province; and the whole yearly values of all Estates, so by them respectively claimed, and also the whole and clear yearly value of the whole Province, in one entire sum by its self.

19. * 1.19 The like Certificates shall be made and renewed every three years by several Registers aforesaid, as follow∣eth:

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each Parochial Register shall on or before the 10. day of January triennially certifie to the Sub-provincial, and each Sub-provincial on or before the 30. of the same Month, and the Provincial to the National on or before the 20. of February in the same year, upon penalty of the forfeiture of 20 li. by each respective Parochial Regi∣ster, 40 li. by each Sub-provincial Register, and 100 li. by each Provincial Register, to the use of the Republique, to be levied by order of the next Superintendent Registerial Court; and also removal from their several Registerial places of all Registers, Clerks or Deputies, who shall neg∣lect the same.

20. * 1.20 The first Entries to be made and perfected in all and every the respective Registries aforesaid, by the seve∣ral Owners, Occupants, Proprietors and Claimants a∣foresaid, within six Months after erection of the Registry aforesaid; and the Certificates to be all made and retur∣ned, and entries perfected thereof, by every several and respective Register, within two Months after the end of the said six Months, upon penalties to the Registers as aforesaid, and upon double the penalty (to each seve∣ral and respective Clerk, Assistant or Deputy, who shall neglect the same) to what is imposed on any Provincial Registers, and upon penalty of 500 li. to the National Re∣gister himself.

21. * 1.21 The Seal of the Nation Registry shall be the great Seal of England; and the National Register and his six Assistants, to be the Keepers thereof: the same not to be made use of to any purpose whatsoever, save in presence of the National Register and two Assistants for the time being.

22. Each several Province shall have a peculiar Seal, * 1.22 whereupon shall be the Arms or Cognizance of the same Province, City or Corporation, where the Registry for that Province shall be kept; and the name of the Pro∣vince engraven in plain legible English letters about the same; and shall be in the custody of the Register and his

Page 14

Assistants of each several and respective Province; not to be used in any case whatsoever, save in presence of the Register, and one Assistant or Deputy of the same Regi∣stry.

23. * 1.23 Each Sub-provincial Registry shall have a particu∣lar Seal, with the Arms or Cognizance of the Register for the time being; and also the name of the Sub-province and Province, for which it shall be used, engraven in plain legible characters about the same; to be in the keeping of the Register and his Clerk, Assistant or Deputy; and not to be used in any case, where they shall not be both of them personally present.

24. * 1.24 Each several Parish shall have a particular Registe∣rial Seal: whereupon shall be engraven in plain legible English letters, the name of the Parish, Sub-province, and Province, for which the same shall be used; and also in the middle thereof, the name and sirname of the Re∣gister, without any other Cognizance or Coat of Arms: to be in the custody of the Register, Minister and Church∣wardens of the same Parish for the time being; and not to be used but in presence of the Register and Minister (or one of the Church-wardens then in being, with the Regi∣ster) in the Ministers absence.

25. * 1.25 After the perfecting of all Entries and Certificates as aforesaid, the several Registers in the whole Nation (each in their several and respective limits and jurisdicti∣on) shall give Certificates to all Owners and Proprietors of all Estates whereto no double claims shall be made, and affix the Registerial Seal of the particular Registry thereto, (when and to whom they shall be desired:) and where several Estates to the same thing shall be claimed, entred, and certified as aforesaid, as the present Pos∣session to one or more, the reversion or remainder to ano∣ther or others, a Joynture or Dower, Lease or any other legal title and warrantable claim, to any other person or persons, &c. whatsoever; the same several titles shall be severally certified to the several Claimants and Proprie∣tors

Page 15

thereof, and the Seal affixed to the same several Cer∣tificates: which shall be a good and warrantable Estate, to whom the same shall be given as aforesaid, against all o∣ther claimants whatsoever.

26. * 1.26 In giving out the several Certificates by the seve∣ral Registers under their respective Registerial Seals, re∣spect shall be had to the several values of the respective Estates to be by them certified, and to the Situtation thereof: For no Parochial Registers Seal shall be put to any Certificate exceeding the value of 10 li. by the year, all lying within his Parochial Registry; no Sub-provincial shall put his Seal to any Certificate exceeding 100 li. per annum, lying within his own limits; neither any Provincial Seal shall be put to any Estate exceeding the yearly value of 1000 li.

27. All person & persons, bodies Politique & Corporate, * 1.27 having or claiming any Estate, Right, Title or Interest, ei∣ther in Possession, Reversion, either by Lease, Joynture or Mortgage, not entring their claims thereto, within the times aforesaid, with the several Registers with whom they shall respectively lie; and not taking the respective Re∣gisters Seal for warranty thereof, within three Months af∣ter the Entry thereof as aforesaid, (unless in case of Infan∣cy, or being beyond the Seas, or where the party who en∣tred the same shall die before the perfecting thereof,) shall be for ever after debarred from making any claim to the same, or any part thereof.

28. * 1.28 Entries shall be made within three Months after the setling of the Registry, of all manner of Debts, whe∣ther upon Specialty or not, viz. of all Debts exceeding 1000 li. in the National Registry; of all above 100 li. and not exceeding 1000 li. in the respective Provincial Regi∣stry, where the Debtor or Debtors shall live, or the Estate or Estates shall lie, whereon the same shall be respectively charged; of all the Debts above 10 li. and not exceeding 100 li. in the respective Sub-provincial Registry, where the Debtor lives, or the Estate lies charged therewith; and

Page 16

of all small Debts not exceeding 10 li. principal, in the re∣spective Parochial Registry where the parties live who shall owe the same, or the Estate lies whereon the same shall be charged. In all Entries of Debts aforesaid, re∣spect is to be had to the principal, for the several Entries to be made as aforesaid; as, if 10 li. have been owing two years, whereby so much interest shall be due therefore, the same shall notwithstanding that be entered in the Paro∣chial Registry; and so of other.

29. * 1.29 Upon the Debtors acknowledging any Debt to any Register wherewith the same shall be so entred, the respective and several Registers shall give a Certificate thereof to the Creditor or Creditors desiring the same, under the Seal of their respective Registries; which shall be sufficient warranty for recovery thereof, when the same shall become due, without any farther trouble to the Cre∣ditor then a claim to be made thereof, to be entred with the Register any time after the time shall be elapsed, when the same should have been paid.

30. * 1.30 All manner of Bargains and Contracts, whereby any Estate of Inheritance, Mortgage or Lease shall be made, or any Right transferred from one hand to ano∣ther, and where any Debt shall be contracted by any per∣son or persons to any others whatsoever, and all Cove∣nants, Conditions, Considerations, and times of pay∣ment, in presence of the several parties between whom the several Contracts shall be made; and thereupon the respective Registers (with whom every or any such En∣tries shall be made and acknowledged) shall give Certifi∣cates to the several parties desiring the same, of so much as concerns the party to whom it is given, under the Seal of the respective Registries, and copies thereof to the o∣ther parties desiring the same, under their hands only; that is to say, He to whom moneys is to be paid, shall have the Seal for the mony; and he who is to have the thing bargained for, the seal therefore, and the counter-parts to the other party under the Registers hand: And Entries

Page 17

of all payments and discharges of bargains shall be made.

31. In all Entries of any Bargains, * 1.31 the parties shall personally acknowledge the same to the Register, in pre∣sence of two known persons inhabiting within the Regi∣stry, who shall attest their knowledge of the persons attest∣ing the Bargain, and to be the same persons whose names shall be then entred upon oath; and not otherways, save where both the persons bargaining shall be sufficiently known to the Register or his Deputy, to be the same per∣sons they speak themselves to be.

32. In all Entries, the name, sirname, quality, * 1.32 and ha∣bitation of every person and persons shall be entred; and also the name, situation, content, and value of all Estates, the day and year of the entry, with all other conditions, Covenants, and agreements, and conditions requisite, and all other circumstances requisite for declaration of the whole truth, in as few words as may explain the same.

33. * 1.33 All Infants having any Estates either in Possession or Reversion, whereof Entry shall not be made on their behalfs within the times aforesaid, or where any false En∣tries shall be for them made, by any their Guardians, ends or Attorneys, shall have license to make or rectifie their Entries, within six Months after they shall accomplish the respective ages of 21. years; and also all persons, who shall be absent in other Countries, shall have the like time after their respective Returns to do the like.

34. * 1.34 All Marriages shall be entred in the respective Pa∣rochial Registries, where the same shall be solemnized, the same day that the same shall be solemnized, the married couple acknowledging the same, in presence of the Mini∣ster and two other Inhabitants of the same Parish, who shall attest their knowledges of both the man and woman married together on their oaths, unless they shall be known to the Register or his Deputy, who shall enter the same; and the Covenants and Conditions of the Marri∣age

Page 18

shall be entred also; and the Register of every Parish, who shall enter the same, shall give Certificates to one or both the parties thereof, under the Seal of his REgistry, if the same shall be desired.

35. * 1.35 The birth of every child shall be entered in the Parochial Registry, where it shall be born, within one day after its birth, whether male or female: and the names of the father, if it be born legitimate; if not, of the mother, her quality and condition, and of the father named by her in time of her Travel, by the Oath of the Midwife and one witness more, who shall be present at the time of the De∣livery.

36. * 1.36 All Christnings to be entred likewise in common form, as hath been accustomed.

All Deaths and Burials shall be likewise entered in the several repective Parochial Registries, * 1.37 where the same shall happen to be, by attestation of two known per∣sons resiants within the same Parish, upon oath, if it be re∣quired.

37. * 1.38 All Wills and Testaments shall be entred in the respective Registries within whose Jurisdiction and Cog∣nizance the Estate of the deceased shall lie, within one Month after the several and respective death and deaths of every person and persons, of what rank, quality or con∣dition soever; and all gifts and bequests made, whether verbal or in writing, by the attestation of two credible persons on oath; the persons attesting the same, being ei∣ther known to the Register to be of honest repute, or so attested to be by others to him known, as in other Cases: all which circumstances shall be particularly entred.

38. * 1.39 All and singular retainer or hiring all and every several and respective servants, whether Apprentices or hired servants, shall by the several and respective Masters or Mistresses hiring or retaining the same, be severally and respectively entred, or caused to be entred in the re∣spective Parochial Registries where their residence shall

Page 19

then be, together with the time for which such retainer is to be; and the consideration or wages to be given to the several and respective servant and servants, by the attesta∣tion of the respective servants also subscribing his, her or their names or marks in the Registry: whereupon the Register shall give Certificate or Certificates, to Master or Mistress, and servant or servants desiring the same, under his hand; which shall be sufficient warranty, to compel ser∣vice and respect from the servant, and wages and other conditions from the Master or Mistress.

39. * 1.40 The Fees for all Entries of any Estate of Inheri∣tance in the National Registry, to be for any Estate in Fee∣simple 20 s. per page for the two first pages of the Entry, and 40 s. the page for every page more; for all Leases, Mortgages, Joyntures, Dowers or Debts, 10 s. for the first page, and 20 s. for every other following page, including the Fees of the Certificates also under hand.

40. * 1.41 The Fees for all Entries of Inheritances in Fee in every Provincial Registry, to be 10 s. per page for the two first pages, and 20 s. per page for every page more; and for all Leases, Mortgages, Joyntures, Dowers or Debts, 7 s. 6 d. for the first page, and 15 s. for every following page of every particular Entry; the Certificates under hand to be given for the same Fees, being included.

41. * 1.42 The Fees for all Entries of Inheritances in Fee in every Sub-provincial Registry to be 7 s. 6 d. for the first page, and 10 s. per page for every page more; and for all Leases, Mortgages, Joyntures, Dowers or Debts, 5 s. for the first page, and 7 s. 6 d. for every following page.

42. * 1.43 The Fees for all Entries of Inheritances in Fee in every Parochial Registry, to be 5 s. for the first page, and 7 s. 6 d. for every page more; and for all Leases, Mort∣gages, Joyntures, Dowers or Debts, 2 s. 6 d. for the first page, and 5 s. for every following page: but in case any Entries of Debts, Leases, Mortgages, Joyntures or Dowries, shall not exceed six lnes Registerially writ in the Parochial Registry, the Fee of the Entry thereof shall

Page 20

but be 1 s. the several Fees for the several Certificates, to be made of any Entries, to be equal to the Registers Fees only for Entries as aforesaid, out of which no part shall be accompted to the Commonwealth.

43. * 1.44 The Fees for Entry and Certificate of every re∣spective Birth, Christning, Death, and Burial, if it exceed not six lines in the Registerial Parochial Entry, the Fee thereof shall be 6 d. onely, as also the Entry of the re∣tainer of any Servant or Apprentice, if one Entry exceed not six lines; but if any Entry shall exceed six lines, then the Fees to be the same as are alotted per page.

44. * 1.45 No Money shall be recoverable upon any Bargain or Contract whatsoever, nor any Estate secured, unless the same be respectively entred in due form, in the several and respective Registries, within whose limits and jurisdi∣ctions the same shall be, within the respective times afore-specified.

45. * 1.46 The Fee of the Seal of the National Registry, in all Cases of settlement of any Estate, Lease, Mortgage, Joyn∣ture or Dower, shall be 5 li. in all cases of Debt not ex∣ceeding 2000 li. 50 s. But if the Debt exceed 2000 li. the Fee of the Seal shall be 5 li.

46. * 1.47 The Fee of each Provincial Seal, in all cases of set∣tlement of Estates as aforesaid, shall be 50 s. in all cases of Debt, 25 s.

47. * 1.48 The Fee of each Sub-provincial Seal, in all cases of settlement of any Estates as aforesaid, shall be 25 s. and in all Cases of Debt, Mortgage, &c. 12 s. 6 d.

48. * 1.49 The Fee of each Parochial Seal for settlement of any Estate, to be 10 s. 6 d. and of Debt, to be 5 s.

49. * 1.50 In the National Registry three fourth parts of the Fees for the Seal shall be to the Commonwealth, & a fourth part to the Register his Assistants and Clerks; for all En∣tries of each two first pages of every particular Entry, and for all the following pages, an eighth part only for En∣tries.

50. * 1.51 In each Provincial Registry, three fourth parts of

Page 21

the Fees for the Entries, and for Seals also, shall be to the Commonwealth, and the fourth to the Register his Assi∣stants and Clerks.

51. * 1.52 In each Sub-provincial Registry two parts of three of the Fees of Entries and Seal shall be to the Common∣wealth, the third to the Register.

52. In each Parochial Registry, * 1.53 two parts of three of the Fees of the Seal to the Commonwealth, the third and all the Fees of Entries to be to the Register his Deputy and Clerks.

53. * 1.54 Every Clerk Assistant or Deputy to the National Register, shall have six sworn Atturneys or Messengers, whose care shall be to transmit the several Certificates by him made, to the several Registers of the Provinces, to whom the same shall be directed within the times limit∣ted, and shall likewise Solicite the Causes of all Suitors in the Registerial Court hereafter to be mentioned, and shall have for every Cause for every Court-day to be kept in the same business, for Fee, besides all charges, 7 s. 6 d. and no more.

54. * 1.55 Every Clerk assistant in each respective Provincial Registry shall have three Atturneys or Messengers, who shall carefully transmit all Certificates to be made, to the several Registers, to whom they shall be directed, within the times limitted; and shall also Solicite the Causes of Suitors; and for every Court-day any Cause is depending, shall have for every Cause any of them is imployed in, 5 s. for Fee, and no more; besides all charges and expences.

55. * 1.56 Each Sub-Provincial Registry shall have two At∣turneys, who shall do the same work, and for every Court-day shall have Fee in every Cause 4 s. besides all charges and expences.

56. Each Parochial Register shall have two Atturneys, * 1.57 whose Fee shall be for every Court-day 3 s. besides charges; they also shall do the like work as the other fore∣mentioned Atturneys shall do.

57. * 1.58 If any Atturney (through fraud or neglect) shall

Page 22

prejudice any Client for want of care in prosecuting his business, either in the Registry or Court, he shall satisfie for all damage accruing to the party thereby; which if he shall not be able to do, he shall be dismissed from his Place and Practice, and another chosen in his room, and the party grieved restored to the condition he was in before the neglect or fraud was committed.

58. * 1.59 The several Clerks assistant in every Registry shall be chosen by the respective Registers under whom they are to officiate, who shall take security from them, give directions to them, and be responsible for them.

59. * 1.60 Each Clerk assistant shall make choice of one Attur∣ney, and the Register two in the Provincial Registries: that one chosen by the Clerk assistants shall be approved by the Register: each Clerk Assistant in the National Re∣gistry to chuse two Atturneys, to be approved by the Re∣gister, and the Register to chuse and appoint all the rest; the other Atturneys in the Sub-provincial and Parochial Registries, to be appointed by the respective Registers of the several Sub-provinces and Parishes where they are to officiate.

60. * 1.61 Each several Register shall respectively take secu∣rity from every Atturney elected or admitted by him to practice within his Registry, truly and diligently to be∣have himself, according to such Rules and Directions as he shall from time to time receive: And to the end none may be ignorant of his Office, each Register shall have a Table of Directions and Fees hung up in his Regi∣stry, to the view of all who shall have any occasion there; wherein shall be particularized every thing each Officer under him is to do, and what his Fees for the same shall be; that none may plead Ignorance for excuse, and that every party wronged may know where to finde re∣dresse.

61. Each several Register, Clerk Assistant and Attur∣ney in the National Registry, and each several and respective Provincial Registry, shall be allowed and autho∣rized

Page 23

by Parliament to their several and respective Offices; and for the due execution of their places severally and re∣spectively, shall take such oath as the Parliament shall ap∣point.

62. Each Sub-provincial and Parochial Rgister shall be allowed and authorized by Parliament; and each Clerk, Assistant or Deputy and Atturney under them respectively to be imployed, shall be allowed of and authorized by the several Provincial Registers, under whose respective juris∣dictions they shall be respectively, and to take such oath as shall be appointed by Parliament.

63. In all Markets and Fairs, * 1.62 the Toll shall be kept by the Town-Register, where distinct Entries shall be made of all Cattel sold (at the peril of the Buyer) with known Vouchers who shall attest the sale, who in case of que∣stion to be made after, shall be responsible for the same, or the value thereof double, to be imployed as aforesaid; to which end, entry shall be made of the names, qualities and habitations of all Sellers and their Vouchers, and the Cattel and marks, with the names of the Buyers, and the Prices paid.

Due care being of all the Premises had, all persons E∣states, whether in annual Revenue, or Money, shall be known, whereby all publique Assesments and Taxes may be equally born, and all persons known who shall have responsible Estates fit to undergo any Imployment for the Republique: no danger shall be, or very little (if care be taken) of any person being defrauded or abused by any false Titles, nor any dormant Titles prejudice any future Purchaser or Purchasers. No person having his Estate so well known to the Republique, shall attempt any altera∣tion, Insurrection or Rebellion, but shall presently be dis∣covered; and thereby his Estate, if not his person, shall re∣spond for the offence. With many other conveniencies not particularized, much tending to the Publique Weale.

For the doing of all which, little trouble extraordinary,

Page 24

nor any considerable charge can be to any particular party or Interest in the Nation, neither can the same be valuable in respect of the settlement thereby to be obtained, out of which yet there will arise a considerable Revenue to the Republique; and the extraordinary expences of Tra∣vels and Lawyers Fees shall be taken off, whereby the Country is at present much damnified for the benefit on∣ly of a few, and those of no considerable interest in the Nation, seldom at any time helpful, bur frequently both to Prince and People bur then some, who shall notwithstand∣ing be hereafter better provided for then now they are, and at an easier charge to the Country by far. Whereby several shall be encouraged to enable themselves to be fit∣ted therefore.

The Third Days Work.

The third brings unknown births to life, By giving Laws for ending strife. Let Registers their work attend, Whilst we endeavour Laws to mend.

1. * 1.63 ALL former precedent Customs notwithstanding, let one Law be through the whole Nation, whereby the Publique Interest may be best supported, and each pri∣vate moderately provided for; and that one Prodigal Rio∣tous person may not consume the Patrimony of a whole Family, neither any one lord it over his brethern, who not being educated in provident ways, many times (to supply themselves according to their Chimerical. Gentilities, consisting of nothing but Idlness) turn Hectors, Highway∣men, Trapanners, and what not? to support themselves in

Page 25

that looseness they have been by their improvident Pa∣rents or Ancestors trained up in: but that each may be in some measure participant of his Ancestors industry, let all Estates not exceeding 100 li. per annum (where a per∣sonal Estate shall not be left answerable thereto) be distri∣buted amongst the children as follows; that is to say, to each son two parts, or twice as much as shall be to any daughter, and to each daughter 1/3, or half as much as shall be to any son; only the eldest son, or he whom the father shall think most worthy, when such division shll be made, to have the first choice, and the youngest the second: and so likewise the daughters.

2. * 1.64 But where the Estate personal shall equalize the In∣heritance of 100 li. per annum, there the eldest son, or the most worthy in the fathers apprehension, shall have the 100 li. Inheritance, and the rest be divided as aforesaid; and so of all greater Estates, not more then one half de∣scending to the eldest: only if there shall be but two sons, and no daughter, there the elder to have two parts, and the younger a third: if two sons and one daughter, the eld∣est son to have half; the other half to be two parts to the son, and a third to the daughter: if two sons and two daughters, half to the eldest, and the remaining half to be half thereof to the younger son, and the other remaining half between the two daughters, equally to be divided. These divisions to be, where at least 200 li. per annum, or 100 li. per annum, and 2000 li. in money or personal Estate shall be left by the Ancestor. The like proportion to be still held in all greater Estates. The wives Estate to be as now, either a third during life only, or such pro∣portion as shall be agreed upon before Marriage: which a∣greement entered in the proper Registry, shall be valid, and good to all ends and purposes.

3. In all Cases of descent, * 1.65 the elder to be preferred be∣fore the younger, and the son before the daughter; the next Uncle or Cozen by the whole bloud, before any other by the half bloud, according to the descents now in use.

Page 26

4. * 1.66 All Copyhold Estates to be made free by reasonable Compositions with the Lords; as where Fines are certain, payable upon every change, there the value of two Fines and an half to redeem the servitude; and where Composi∣tions have not been formerly made, according to the same proportion, considering the Lords Interest equivalent to what it is; and likewise all Reliefs and Hariots to be com∣pounded for, and for ever after to cease.

5. All Lords of Mannors keeping constant Courts, Ba∣ron and Courts Leet, or either of them, shall discontinue the same; and shall have the value of the profits of their Courts responded out of the immediate profits of the Re∣gistry, within whose limits the same Mannor shall wholly lie and be comprehended, according as shall have been made thereof for ten years last past; and all Hundred-Courts to cease, and be for ever hereafter disconti∣nued.

All antient services to any Lords of Mannors to cease, * 1.67 but the Rents to continue; and upon Entries thereof in the respective Registries, to be ascertained and secured by the Law of the Registry only; and all other Laws, and by-Laws for recovery thereof, to cease, and be of no use for ever hereafter: but where any services are valuable in money, the value thereof at ten years purchase to be paid for Composition: all Compositions to be entred in the re∣spective Registries whereon the same are dependant, or within whose respective limits the same lie.

In all Cases, the Testimony of any Register under Seal of the Registry, to be preferred before any other, the same being taken and certified according to the rules afore∣said.

6. * 1.68 It shall be lawful for any married woman, of what de∣gree, rank or quality soever (who shall have any Estate of In∣heritance in her own disposal, by acknowledging her con∣sent thereto before the Register under whose immediate Cognizance the Estate shall lie, or before the Parochial Re∣gister where she shall live (he being thereto by the proper

Page 27

Register authorized) and to whom the same shall be again certified and proceeded in as in other Cases) to give, grant, and at her will dispose of all or any such Bstate; which shall be good in Law to all intents and purposes.

7. All Wills shall be proved, * 1.69 and administration granted by the Registerial Court, within whose jurisdiction the party deceased lived at the time of death; and by the Re∣gister of the same Court certified under Seal, which shall be entred with the several and respective Registers, with whom any Estate granted by such disposal shall lie, within one month after the burial of all, every or any person or, persons whatsoever; and in no case to be deferred past the fourth Court-day, and then confirmation thereof to pass under the Seal of the Registry where the same shall be done: in this Case the value to be considered as in other Cases relating to the jurisdiction of Courts.

8. * 1.70 No Appeal shall in any case be brought before Judg∣ment given; but after Judgement, either party that is wronged may bring a Writ of Appeal from the next super∣intendent Court, and Execution shall be stayed till the matter thereof shall be heard in the same Court, to which the Appeal shall be made, which shall be the third Court∣day after return of the first Writ, which shall be executed by summons of some Court-Officer in person, at least four∣teen days before the day of appearance; where the busi∣ness shall be determined without any further Appeal by either party: and execution shall be awarded upon the Decree or Order of that Court, not to be Repealed. This Case of Appeal not to extend to any contemner of Sum∣mons, as aforesaid.

9. * 1.71 In every County or Province a Sheriff shall be annu∣ally elected by Parliament, who shall within one month af∣ter his appointment, substitute in each Sub-province in his County or Province, a Deputy, which shall be approved by the next Provincial Registerial Court, in which the Sheriffs election shall be subordinate to the Court; and no one person to continue in that place more then one year;

Page 28

the old Officers for the precedent year, to officiate till the new ones for the next year shall be approved on, and thereto Authorized by the Provincial Registry.

10. * 1.72 In each Parochial Registry shall be likewise every year elected an Officer, by the name of Constable, who shall have chief care of preserving the Peace; and shall have the execution of all Writs issued from the Parochial Register, other then such Summons as are elsewhere di∣rected to be done by the Atturneys. For choice of this Officer, shall be presented three names by the precedent Constable to the Sub-provincial Registry, who shall chuse and Authorize one of them Constable for the next year.

11. * 1.73 That no person shall be elected to the same Office, either of Sheriff, Sheriffs Deputy or Constable for the same liberty, before seven years shall be elapsed after his serving thereof, before he shall be new elected, but that se∣veral persons be imployed therein from time to time; and that no persons shall be elected to serve any such Of∣fice, who shall not have Estate responsible to the Pub∣lique for what shall be intrusted with them.

12. * 1.74 That all Collections which shall be from time to time made and imposed on the Country, shall be collect∣ed by the Constables, and by them entred in their respe∣ctive Parochial Registries; and then paid to the Sheriffs Sub-provincial Deputy, and by him and every of them en∣tred in their respective Registries; and then paid to the Sheriff; and by the several Sheriffs, to the Treasury of the Revenue to be appointed by Parliament for receipt thereof.

13. * 1.75 That one or more persons of quality in every Sub∣province be and execute the place of Justices of the Peace, and keep general Quarter-Sessions as is accustom∣ed, and also private monthly Sessions as often as need shall require; and at each general Quarter-Sessions, the Sheriff or under-Sheriff for that Province shall be present, and also the several Constables or their sufficient deputies

Page 29

for the several Parishes, and also one or more of the Church-wardens for every Parish, to present what shall be amiss within their several and respective Liberties, which shall not be taken care of or duely executed by the respective Registerial Courts: and the said Justices shall have power to convent before them all Offenders, and al∣so all Registers, Clerks Assistants or Deputies, Atturneys and other inferiour Officers within the same Riding or Liberty for which the Sessions shall be kept, and all o∣ther Misdemeanors and breaches of the Peace whatsoe∣ver, and punish the Offenders, and regulate the same, as well as any superiour Court shall have power to do.

Each Constable shall annually elect under him a substi∣tute in each Village, Hamlet and Township within the Parish, who shall be approved of and authorized by the Parochial Registerial Court, whereby they shall be sworn truly to execute all Summons, and other precepts to them sent, and to endeavour to preserve the Peace, and keep good Order; and if any shall refuse so to do within their limits, to return their names and offences to the Constable, who shall for his year use the power of a Magistrate for punishment of all Offenders contrary to Law.

14. * 1.76 Each Parish shall yearly elect so many Church-war∣dens as have been accustomed, who shall be sworn (by the Registerial Court) to take care for the repairing & beauti∣fying of the Church & Church-yard wall, Gates and Stiles, and to provide for convenient and decent furniture for the Church, viz. for Books, Cushions for the Pulpit, Car∣pet for the Table, Chalices or Cups for the Communion, Candlesticks and Candles for celebration of Prayers. E∣vening and Morning in Winter; Bells, Belstrings, and Clock, with the Appurtenances; and shall see that all seats be conveniently placed, and controul all irregularities in the Church: they shall also take care for amendment of all Highways in their Parish, and for providing for such poor as shall not be able to help themselves; for there shall be no beggers permitted, but if any so do, they shall

Page 30

be sent by the next Officer to the Constable, and by him sent to the common Work-house, unless security be given to offend no more. For doing of all which, they shall im∣pose such Assesments as shall be convenient to be collect∣ed and disbursed to and for several uses, by the Con∣stable, who at his going out of Office shall accompt be∣fore the Registerial Court for all receipts and payments, and shall within six days pay all Moneys remaining in his hands, to the succeeding Constable for the next year: which if he shall refuse, distress or seizure of his Estate real or personal shall be made by the succeeding Constable, by Warrant under the Registers Seal: and if any Constable shall disburse more for any the uses aforesaid then he shall collect, he shall (upon clearing his accompts, and al∣lowance thereof by the Registerial Court, and entry thereof with the Register) be re-imbursed the same by the next Constable within one month; which shall be allowed in his Accompts. And if any succeeding Constable shall refuse to make payment of any such disbursements to the preceding Constable (the same being allowed and entred in the Registry) an Action of Debt shall lie, to be re∣covered by way of distress by the Sheriffs deputy in the Sub-province, and no allowance shall be made in his ac∣compts of any charges expended therein. All Assesments to be imposed by the Church-wardens aforesaid, shall be entred in the Registry, and by the Registers ordered to be collected, signifying for what use or uses the same are im∣posed, and not otherways.

15. * 1.77 All Actions of Trespass and Slander shall be heard in the Parochial Court first, where the same shall be committed; and, if the same shall be of greater con∣cernment then the Court hath Cognizance, be transmit∣ted to the next superior Judicature; but if it shall not be of greater value in the estimation of the Court, then the Court hath power to judge of, judgement shall be therein given, and execution done thereupon, as in other cases.

Page 31

16. In all cases where Murther, * 1.78 Man-slaughter or Rape shall be committed, the offenders shall be examined before the Parochial Magistrate where the parties shall be appre∣hended, or the fault committed; & so many as shall be found guilty, shall be sent by the Constable to the Sheriffs Depu∣ty, and by him to the Provincial Goal, there to be kept in work as shall be directed, till their legal delivery thence: & in none of these cases Bail shall be admitted, but to be try∣ed by Juries as hath been accustomed; and to suffer death, if found guilty, without benefit of pardon or Reprieve.

17. In all manner of heft, Robbery, * 1.79 Cousenage and Fraud. the Offenders shall be examined before the Paro∣chial Magistrates; and if found guilty, threefold restitution shall be made, to be disposed one part to satisfie the party wronged, one part to the common stock of the Town, and one other part to the Constable, for reparation of High∣ways; which if the party refuse, and no distress shall be found to satisfie the Law, the body of the offender shall be committed to the custody of the Master of the Work∣house, or else sent to the place from whence they came, if aliens, with Certificate of their offence, and there to be imployed, and to have two parts only of their gets allow∣ed for their maintenance, and a third to be to the use of the common stock. The detainer or sending away, to be at the election of the Parochial Magistracy, where such of∣fender or offenders shall be apprehended and tryed as a∣foresaid.

18. * 1.80 All false accusations on purpose to defame any per∣son, shall be heavily punished by the immediate Magistra∣cy, where the offence shall be committed; and in this case no Appeal to lie or be admitted: and where the offence shall deserve greater punishment then the Parochial Ma∣gistrate may inflict, (who may not exceed 10 li. in any case) the same shall be certified to the Sub-provincial Magistrate; and if it require, thence to the Provincial, but not further. All ambiguous cases shall be transmitted with the evidences to the next superior Magistracy, and so

Page 32

on to the Parliament, if no inferiour Court shall be free to give judgement therein.

19. * 1.81 All fighting, quarrelling, and breaking of the Peace, shall be examined and punished by the Parochial Magistracy, where the same shall be committed, and satis∣faction made to the party wronged without delay; whereto the offenders shall be compelled according to the order of the Court; and for all bruisings and beatings, satisfaction shall be made as the Laws in being direct.

If any Master or Mistress shall immoderately correct any child or servant, * 1.82 the Court Parochial shall punish the offender.

20. If any child or servant shall refuse to do their du∣ties, or shall strike or quarrel with their Parents, Masters or Mistresses, the Court shall heavily punish such offences; and if any Apprentices shall so do, they shall serve a dou∣ble term, and any other servant a double year for the same wages. No son or daughter vilifying or slighting their Parents, or either of them, shall be capable of inheriting any thing from either father or mother after their re∣spective deaths.

21. Let so many Registerial Courts be erected as there are Registries, viz. to every Registry it's Court, with Of∣ficers Fees, and Rules to walk by, for the ease and profit of each particular interest.

22. * 1.83 Let twelve Judges learned in the Laws be appoin∣ted by Parliament to attend the National Registerial Court, to which let all great causes be reduced, any three whereof, with the Register or one Assistant, shall have pow∣er to hear and determine all matters of controversie; and let the three Bars in Westminster-Hall be the places of Ju∣dicature; and the several rooms adjacent, Offices for the Registers, viz. each two Circuits their proper Court, for trial of all grand Causes arising within their limits; and in other mixt cases where one party shall live in one Courts jurisdiction, and one in another, there the Cause to be heard in the third Court, where neither parties interest is more concerned then the other.

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23. Let only two Vacations be in the whole year, viz. * 1.84 one from the first of December, to the tenth of February, the other from the last day of May till the first day of September, yearly; in which Summer-Vacations the Judges to ride the several Circuits as now, to visit the several Registries, calling before them all the Registers of every Province, and hearing all complaints against any Register, Clerk, Atturney or other Officer, and punishing all offen∣ders; and also for determining all grand and difficult Causes, and Causes of Appeals, where any such shall be depending.

24. * 1.85 Let all the rest of the year be two continued Terms, wherein the Judges shall sit as often as cause shall require; the first day of every Term being a Return-day, and the third day day of Appearance; before which third day, the Plaintiff in every Action shall enter his De∣claration with the Register, whereto the Defendant shall plead within ten days, and enter his Plea with the same Clerk; whereupon order shall be given for exami∣ning Witnesses, and depositions sent into the several Countries to the respective Parochial Registers within whose limits the several Witnesses shall live, whose Exa∣mination shall be taken, and returned within one month after the Pleading aforesaid; and entry made thereof also with the same Registerial Clerk by whom the first Sum∣mons was awarded, with whom all the entries in the same Cause shall be made. The fourth day after return of the examinations aforesaid, the Cause shall be heard, (if it be not the Lords day, if so, * 1.86 the day next following) and Judg∣ment shall be given and entred the same day with the same Clerk: and the sixth day after Judgement, Executi∣on shall be awarded, not to recalled, unless the parties a∣gree in the mean time, and enter their Agreement with the same Clerk. In case of any Witnesses absence on the Defendants behalf, upon warrantable occasions made appear upon oath to any Parochial Register, by whom the Witness or Witnesses were to be examined, a second day

Page 34

to be given, upon the Defendants payment of costs for examination, not to defer the hearing above one month longer then it was to have been.

25. * 1.87 Let two Judges be appointed by Parliament to at∣tend every Provincial Registerial Court; that one Judge with the Register, and one Clerk assistant at least, shall be present when all matters shall be heard; and in all difficult matters, one Judge at least shall be called out of the next Province, who shall have notice sent to him by the Regi∣ster, at least six days before the day of hearing shall be: his whole expences of his journey and tarriance to be de∣frayed by the Registers by whom he shall be sent for, and to be allowed him in his accompts to the Publique: And to hold Pleas of all Debts not exceeding 1000 li. and E∣states under 1000 li. per annum, lying within the same Province.

26. * 1.88 Every Month shall be a Court Provincial kept in every respective Province, in the Middle of the week, viz. upon Tuesday in every month; and if occasion shall re∣quire, to be continued the Wednesday also, and no longer: during which time only, Summons shall be given, which within ten days at fanthest shall be executed, and appea∣rance given the next Court-day; at which time a Declara∣tion shall be entred by the Plaintiff; within three days after, which the Defendant shall plead, and thereupon or∣ders be sent for examination of Witnesses, and return of their depositions before the next Court-day, and then the Cause shall be heard, * 1.89 and Judgement given and entred; and unless the parties agree, and enter their agreement be∣fore the next Court-day, execution shall be awarded, not to be deferred or reversed.

27. * 1.90 The Judges in every Sub-province, shall be the Register and his Assistant; the Minister of the Parish where the Registers Court shall be kept, and the Sheriffs deputy; and in all Causes of difficulty, one or more Justice of Peace shall be called to assist, who shall have at least six days notice. Whereof alwaies some two, with the Regi∣ster

Page 35

or Assistant, shall be present at all Trials and hearings of all matters in variance between party and party.

28. * 1.91 The Sub-provincial Courts shall be kept every Friday three weeks; the Proceeds as in the Provincial, and the hearing the third Court-day, and execution the fourth, except as before; and to hold pleas of all Debts not exceeding 100 li. principal, and all Estates un∣der 100 li. per annum, lying within the same Sub-pro∣vince.

29. * 1.92 The Judges in the several Parish-Courts shall be the Register, the Minister, the Constable and Church∣wardens for the time being; whereof in all hearings two to be present with the Register or his Deputy: the several Courts to be kept every Thursday fourtnight, and all mat∣ters to be brought to be hearing the third Court-day as before; to hold pleas of all Debts not exceeding 10 li. principal, and all Estates under 10 li. per annum, lying in the same Parish.

30. All Summons shall be granted (upon motion of the party or his Atturney, * 1.93 giving security to defray the charges of the party to be summoned, if his Action be not good, and cause just) by the respective Registers their Clerks Assistant or Deputies, in writing under their hands: to which if appearance shall be given either in person or by Atturney, proceedings shall be made as before: if no appearance shall be given, a second Summons shall be granted under the Seal of the Registry; to which if no ap∣pearance shall be given, Judgement shall be given the se∣cond day of Appearance respectively, and entred in the Court-Registry: and if agreement intervene not before the next Court-day, and be entred with the Register, exe∣cution shall be granted, and the Registers Seal put there∣to; Not to be reversed, nor any Appeal admitted.

31. * 1.94 Execution of Summons shall be done by the several Parochial Officers, within whose Parishes the parties to be summoned shall reside or inhabit, as follows: each Of∣ficer to whom any Summons shall be directed, shall the

Page 36

next day at furthest, if it be not the Lords day, if so, the next day after (if it may not be done the day of his re∣ceipt thereof) take two next Neighhours to the parties to be summoned with him, and shall go to the house or houses where the party or parties shall live; and if the par∣ty or parties there be to be met with, he shall give him, her or them a Copy thereof in writing; if not, he shall leave the same with some body in the house to give him, her or them, at his, her or their return; or acquaint him, her or them with it: and if no body be found about the house, he shall leave the Summons with the next Neigh∣bour, and shall make return to the Registry of what he hath done, upon his own and the other persons oaths who were with him.

32. * 1.95 All Summons shall be given in the day-time, be∣tween the hours of eight aforenoon, and four afternoon, in all Cases whatsoever; and if any party to be summoned, shall threaten, affront, offer abuse to, or hide or conceal him or her self from any Officer so sent with any Summons as aforesaid, the Witnesses shall upon their oaths make en∣try thereof with the Register; which entry shall be made by the Register gratis; and upon complaint thereof to the Court by the Officer, the delinquents shall be severely punished according to the quality of the offender; and till satisfaction be made according to the Censure of the Court, appearance shal not be accepted: to the end all persons may give obedience to the Magistracy. And if appearance be not given, proceeding shall pass by default, as before.

33. * 1.96 All Summons granted by the National or any Provincial Register, shall by the party who desires the same, or his Atturney, be sent to the Register of the Parish, where every party to be summoned shall live, within six days after the date thereof; who shall the next day at fur∣thest give notice thereof to one of the Atturneys, who shall constantly attend that Court, who shall execute the same as aforesaid, and earefully transmit what the Regi∣ster

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shall direct to the Register or Atturney National or Provincial from whom the same was received, who (upon receipt thereof) shall with care and speed, enter the re∣turn and execution thereof: which being under the Paro∣chial Registers Seal, shall be sufficient and warrantable to all intents and purposes.

34. In all Cases where need shall require, * 1.97 Interrogato∣ries shall be sent from the National or Provincial Regi∣ster, before whom any Cause shall depend, to the Register of the Parish where the party lives, or parties to be exa∣mined, with direction to examine and return the Deposi∣tions, within such time as shall be limitted: all interrogato∣ries to be sent away within two days after the pleadings ended, and to be executed by every Parochial Register within six days after receipt thereof, if the parties to be examined be to be found in his Registry; if not, to make return thereof, or examine so many as shall be found, and return the depositions thereof, and absence of the rest, and upon what occasion; and within two days after exami∣nation, return the same to the Register from whom he first received them, by the care of one of his Atturneys: and in all cases where Witnesses live in the same Parish or Town, they shall be examined viva voce, in open Court, if able to appear there; if not, the Register, his Clerk Assi∣stant or Deputy shall attend them, and take their exami∣nations at least two days before the day of return.

35. * 1.98 Execution of all Summons in the Sub-provincial and Parochial Courts for appearance at their own Courts, shall be by the Sheriffs substitute, and the Constable for their respective Liberties to whom the same shall be di∣rected, or by their respective deputies inhabiting in the same Villages or Hamlets where the partie to be summon∣ed lives; whereof return shall be made the next Court∣day, upon the oath of the party imployed, and one Witness more inhabiting within the same Village: for in all cases, upon the oaths of two Witnesses shall every truth be e∣stablished; to which end, care shall be taken that persons

Page 38

of quality be taken for witnesses, who in case false testi∣mony shall be proved to be given by them, shall make sa∣tisfaction to the party by such false testimony wronged, according to the Judgement of the Court in that be∣half.

36. * 1.99 Execution of all Judgements, Decrees and Orders of the National, Provincial and Sub-provincial Courts, shall be done by the Sheriff, his deputy or substitute, within six days after his receipt thereof; and within six days more, return shall be made thereof, to the respective Register who sent the same.

37. * 1.100 Execution of all Parochial Judgements, Decrees and Orders shall be done by the Constable for the time being, or his substitute living within the same Village or Hamlet where execution is to be done; for which the Constable shall be responsible.

The Fourth Days Work.

A Parliament well chosen, * 1.101 ties The hands of all exormities. It best provides in publick case: So here it comes the next in place.

1. LEt annually a Parliament be elected, and each per∣son whose whole Estate shall be entred in the Re∣gistry as aforesaid, to be capable of electing or being elect∣ed, but none others: The Electors to have Estates of 5 li. per annum, or 100 li. in money or upwards, Entred and certified as aforesaid.

2. * 1.102 Each first Court-day to be held in every Parochial Registry, in January yearly, all the Inhabitants, Electors,

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shall each personally present his Paper sealed up to the Register, wherein shall be written the names of two such persons only of that Parish, as he shall think most worthy to be Representees at the publique election, without subscription of his own name: all which Papers shall be put into a Box or Chest with a hole in the top, locked or sealed with three several Locks or Seals; one Key or Seal whereof shall be kept by the Constable, one by the Mini∣ster, and a third by the Church-wardens of the same Parish, or some of them; and when all such Papers shall be re∣ceived and put therein as aforesaid, the Box to be opened, and the Papers also in presence and open view of the Court; and five persons who shall have most nominations in the Papers aforesaid, shall be the Representees of that Parish, in all publique elections and transactions for that year.

3. * 1.103 The several Repesentees of the several Parishes within each Sub-province, shall meet at the next Sub-pro∣vincial Court for that Hundred, and shall there give their Papers sealed, to the Box, to be kept under the seals seve∣ral of the Register, the Sheriffs deputy, and the next Ju∣stice of Peace for the time being, with each two names written therein: and when all the Papers shall be re∣ceived, the Box and Papers shall be opened and examined in open Court; and those two persons within that Sub∣province, who shall have most names, or be oftenest named in the Papers, shall be the Representees of that Sub-pro∣vince for that year.

4. * 1.104 The several Sub provincial Representees shall the next Court-day to be held for that Province, meet at the Provincial Court, and there each shall give his Paper seal∣ed up, with two names only writ therein, to the like Box there to be kept by the Register, the Sheriff, the Major of the Corporation where the Office shall be kept, and two Justices of the Peace, under their several locks or seals, till all the papers shall be received thereinto: and when all the Papers shall be received, the Box and Papers shall

Page 40

be opened, and four chosen who have most voices for the Representees for that Province for that year. And for York six, viz. each Riding two.

5. * 1.105 It is to be observed, that in each County or Pro∣vince, twice so many Representees shall be elected, as are Clerks assistant to the Provincial Register in that County; and so in the Province of York six. Representees shall be chosen, viz. for each Riding one, who shall be Residents within the same Riding; and so in the respective Pro∣vinces where four are only to be, they shall be for each Clerk assistants jurisdiction two, who shall be resident within the same; and no person shall serve for any other place, then where his constant residence shall be Nei∣their shall any person be elected who shall be solicited for, either by Letter, Message or otherways, from any Gentle∣men, Governours, or Commanders, of what rank, quality or condition soever; but that upon appearance thereof to the Court, all such shall be rejected as unworthy, and not to be admitted of two years to be elected: To the end all elections may be free. Neither shall any person or persons, by whom any Letters shall be sent, or invita∣tions made on any others behalf, be elected for three years after: whereby colour shall be prevented.

6. * 1.106 Each Corporation who shall be at the charge, may after the same manner chuve particular Representees, or may involve themselves into the Sub-provincial elections, and there share with their Neighbours: for each Represen∣tee shall have quarterly paid him during his time of ser∣vice for the Publique, twenty Marks: for none shall serve the Publique at his own charges, nor none shall have so much allowance, as meerly for salary to invite him to the work.

7. * 1.107 For each County shall be chosen four, and for York six as aforesaid, which shall be the Representees for the whole County or Province for which they shall be chosen; that is to say, for each respective Jurisdiction two: and each Sub-province shall elect two likewise, who shall serve by

Page 41

turns; that is to say, one the one half the year, and the other the other half: he that hath the pre-eminence in ele∣ction, to procede in service; and where equal numbers shall be electors, the decision to be by lot.

9. * 1.108 NO person who hath any Suit or Cause depending in Law shall be elected, nor be an Elector; for in all such cases, each acts his own Play: neither shall any member of Parliament for or during that year for which his service is or shall be, receive any reward or compensation for loss, salary or service, other then his salary which shall quarter∣ly be allowed him as aforesaid, to be paid by the respective Officer for the Liberty for which he shall serve.

10. That the Parliament shall have power to make and after Laws, to treat of and conclude Peace and War.

11. * 1.109 That within one week after the sitting of each re∣spective Parlaiemnt, a Committee shall be appointed, to receive all Petitions and Grievances, and to read and con∣sider thereof; and such as are fit to present to the house, to offer the same, so as answer may within one month be gi∣ven thereof; for it ill becomes a free State to shut the doors, eyes or ears of Justice, to any Suppliant: by which means some hundreds have perished of late years, whose bloud it may be feared is not yet pacified.

12. * 1.110 That none though elected shall be forced to serve in Parliament: but if any shall refuse, he shall contribute 20 li. towards the charge of the next election, unless in case of sickness or any bodily infirmity, in which case (none shall be compelled beyond his strength) he is freely to be excused, and the next in order to supply his place: and where two or more shall be equally elected (that is to say) by equal numbers of electors, decision shall be made by lot, and not otherways.

13. * 1.111 None shall be elected a member of any succeeding Parliament, who served as member of either of the two last preceding Parliaments, the same rule annually to be observed; but that freedom of all the Nation be further

Page 42

admitted, and in all other Officers of inferiour rank in the whole Commonwealth, (the Registries excepted, which are not to be altered, unless in case of corruption, neglect or abuse of Trust) so that it shall be free for each person, who shall carry himself worthy thereof, to be elected; neither shall any mans meanness of estate hinder his election, if his parts be such as the Neighbourhood may confide therein: but all persons whose estates are entrable in the Sub-provincial Registry, are capable, if they be according∣ly qualified, of electing or being elected; for they are terms convertible; the elected is an elector, and the elector may be elected; each hath his single voice by his paper in the box, * 1.112 and no more.

14. Each Provincial Reprosentee convened in Parlia∣ment shall have a double voice to each Sub-provincial; all voices to be given by balls, wherein each Provincial shall have two balls, and each Sub-provincial one ball: but in the Council of State they shall have equal voices.

15. The persons elected shall serve by turns as afore∣said; that is to say, one half for six months, and the other half for other six-months; and for each six months, one for each Provincial Riding, and one for each Sub-provincial Registry shall meet at Westminster the first day of March annually, if it fall not on the Lords day; if so, the day fol∣lowing; and there entring the House of Parliament, shall chuse their Speaker, and take upon them the Government of the Nation for their time alotted; and at the end thereof, leave the same to their successors, whereof sixty to make a House, and not under.

16. * 1.113 The first work they shall do after their meeting in March next, shall be to elect fourty persons out of their whole number elected for that year, to be a Council of State; twenty whereof shall be out of the number of the persons then convened, and twenty more out of the per∣sons to convene in September followinge these fourty per∣sons for the first year so elected, to serve as members of the Council for a whole year, from the time of their respective

Page 43

conventions; and that twenty of the persons which shall be continued in Council till the first of March next, shall continue there till the tenth of September next; the mem∣bers yearly to be chosen for the Council, to meet in Coun∣cil annually the tenth of March, and tenth of September, as their turns come: and all who shall be elected to serve in Council, shall there serve one whole year and no longer: whereby engrossing of power and destroying of bodies shall be avoided. Any fifteen to be a Council, and not under.

17. Each member shall forfeit 2 li. * 1.114 which shall not meet in Parliament the first day whereon his service is to commence; and for every day after which he shall be ab∣sent (during the time of his appointed sitting either in Parliament or Council) without license, 20 s. unless in case of bodily distemper, or weakness not dissembled, but real. The several forfeitures to be collected by the Ser∣jeants at Arms attending the House and Council for the time being, and accompted for and paid to the Church∣wardens of Margaret Westminster, monthly, for relief of the poor in Westminster.

18. The Affairs of the Army, Admiralty and Navy, * 1.115 co be provided for by a Committee chosen by the Council, out of their own members, viz. out of each particular Consular election six, their whole number to be twelve, whereof five to be a quorum, and not less, to be approved by Parliament; the Council, and also the said Committee, to act in all things subordinate to the Parliament, and to observe their orders, and yearly to be changed as to the one half, every tenth of March twenty, and the other half each tenth of September twenty, to sit for twelve months only year after year.

19. Six persons shall be yearly elected by the Council, * 1.116 & approved by the House of Parliament, for managing the receipts & disbursements of all pubsike moneys, who shall twice every year pass their Accompts, to a Committee to be chosen part out of the House, and part out of the coun∣cil,

Page 44

viz. at the end of six months after their commence∣ment, and the last month of their respective services.

20. * 1.117 Let the Provincial Registerial Courts be kept in the chief Town of every Privince, and each Sub-provinci∣al Court and Registry in some Market-Town within the same Hundred; and where no Market-town shall be in any Hundred, let a Market be appointed to be kept at some one Town conveniently seated, neer the middle of the same Hundred, and Authority given by Parliament for the same; and each Parochial Registry in the same Town where the Parish Church, or publique meeting place of the same Parish is or shall be.

21. * 1.118 All persons who shall have Estate entred in the National Registry, to the clear yearly value of 10000 li. per annum, and shall pay Assesments for so much to the Re∣publique, shall be capable of the honour of Lordship, con∣ferred on him only by the Parliament; each person of 1000 li. per annum, of Knighthood; and each other person having 300 li. per annum, and upwards, be reputed an E∣squire; and shall each of them give Coats of Arms, to be allowed by the King of Heralds for the time being. That no person who shall nor have 1000 li. per annum, shall be elected as a Provincial Representee.

Page 45

The Fifth Days Work.

Its Publique aids must bear the charge, Our Priviledges to enlarge. Wherefore let Contributions be In exigencies frank and free.

1. LEt Assesments be imposed by Parliament yearly, * 1.119 ac∣cording to the requisition of the time, on each particular real and personal Estate, * 1.120 according to the an∣nual values thereof, and Rents received; each paying for his stock in Husbandry or Trade, and each Usurer for his Money lent at a certain rate, as rent of Land or interest of Money at the same rate, and stock in Trade or Husbandry at half the rate; the Land-Assess to be paid by the Land∣lord, and the Money-Assess by the Lender, to be defalked out of Rent or Interest, according to the proportions, by the Tenant or Borrower, who shall deposite the same, as occasion shall require, to the monthly Collectors thereof.

2. * 1.121 Let one great Assesment be forthwith made for re∣lief of all the Poor in the Nation; and let a stock be e∣rected in every Parochial Town, and a Trade set up for imploying and providing for all the poorer sort of men, women and children: let a Master or Governour thereof, be appointed by the Registerial Court in every Parish, and such a one as his Estate may be responsible for the stock with him intrusted, for which (together with the pro∣fits thereof, to be imployed according to the Rules to be given therefore) he shall give security; and this to be yearly taken care for, chiefly by the Church-wardens of each respective Parish. Let all charitable Contributions

Page 46

be imployed to the same purpose: Whereby if vigilancy and industry be used, a small stock will in short time in∣crease to a great inheritance, whereby the poor shall be equally provided for, to the best and richest in every Parish: so there shall be no crying out, nor complaining in our streets.

3. * 1.122 Let the Customs be annually regulated by the Parli∣ament at the time of changing of Representees; only let the Representees for the first six months, continue their sittings so long after their time, together with the Re∣presentees for the latter six months, as to settle that, and the Excise and Assesments for the next succeeding year; and to be done within twelve days. Let the Cu∣stoms be collected by such Commissioners as have responsi∣ble Estates; and where any fraud or covin shall be disco∣vered, let care be taken therein for the prevention for the future.

4. * 1.123 Let the Excise be collected by the Constables, and responded for to the Sheriff, as other Assesments, and also all other Rents and Revenues payable to the Common∣wealth, for which no salary shall be allowed.

In all Enclosures of Wasts, * 1.124 and Commons not stinted, one fourth part shall be alotted for provision for the Poor of the Parish where the same shall lie, to be committed to the care of the Master of the Work-house for the time be∣ing, and by him imployed to the best advantage according to his trusts. One other fourth to the Lord for his Seg∣niory, and half to the Commons: this rule in all cases to be the same.

5. * 1.125 Where the Lords and Tenants, Owners and Pro∣prietors of two full third parts of the Inclosures, Field-Land and stinted Commons in any Mannor, Town or Lord∣ship, shall agree to inclose all or any part of the open Wasts or Common grounds of the same Town, no third party opposing shall hinder the same, so as provision be made for the poor to one half the alotment as aforesaid; and the proportions alotted for the refusers according to

Page 47

their several estates, quantity and quality to be consider∣ed: but if any shall endeavour to hinder a common good, he shall be severely punished therefore, either by the Judges in the next superiour Court, or by the Justices of Peace at the next Quarter-Sessions to be held for that Li∣berty, or by the Judges Itinerant in their Circuits.

6. In all provisions for the Poor, * 1.126 each whole Parish to be one entire Corporation, and take care to dispose of all Wanderers and Vagabonds, according to the directions of the Statutes in use, or else imploy them in work as afore∣said. * 1.127 Let a large house be provided in each Parish-Town for a publike Work-house, where in some Manual occupa∣tion all the poor of the same Parish may be set on work, and provided for necessaries by the Master thereof, to be appointed as aforesaid; to which purpose, let some Trade, whereof the Master of the Work-house to be a Freeman, be used in every Parish; and the children of all such as shall not by their Parents be better provided for, to be imployed in the same after seven years old, as in all Towns where is conveniency of water for building Mills, and have Cole, let several sorts of Smiths be, as for making of Knives, Swords, Scymiters; Guns, Sythes, Shears, Scissers; also for all manner of Work-tools and harness; and all such who shall have use for wheels for grinding: also, Lock-smiths, Naylors and such others, where no wa∣ter is, nor wheels shall not be requisite; and where con∣veniency is, let Clothyers be: and to the end the Trade of Clothing may be the better managed, and with less con∣fusion, let those Towns where much growth of Wool shall be, and want the conveniency of fire and water, be im∣ployed to the sorting, breaking, mixing and spinning of Wool, in one Town for making of Jerseys, Serges, and o∣ther Stuffs of the like nature, in other Towns in spinning Wool for making cloath according to the several sorts thereof, the finest by its self, and the coursest by its self, and the middle sort by it self; and a certain rate allowed to each person for the work they shall do, not exceeding

Page 48

four parts of five of the real value of the work; one fifth being still to be allowed to the common stock.

7. * 1.128 That in all cases where any persons imployed at work upon the common stock, shall be desired to assist the Husband-man, at any out-work in the Fields, there shall a fourth part of the wages be imployed to the common stock; which wages shall be paid to the Master of the Work-house, who shall have the command of all under the age of twenty one as Apprentices, and all above as Journey-men; without whose license none shall go to work abroad: which shall not be denied in Seed-time, Hay-time or Harvest, upon reasonable rates.

8. * 1.129 In those Towns where shall be store of Hemp or Flax, let some Towns be imployed in dressing and fitting the same for spinning, according to the several sorts thereof; another in spinning fine Linen, another the middle, and another the courser sort, and another weaving the same; others also in making Cordage and Ropes.

9. * 1.130 In Towns where wood shall be plentiful, let one be imployed by Coopers, another by Carpenters, another by Tanners, another by makers of Waines, Waggons, Carts, Plows, Sledges, & other Utensils for Husbandry; & in every Parochial-Town let there be in the common Work-house, a Smith, a Shooe-maker and a Taylor, with their several servants subservient to the publique Master: and in those Towns which shall be imployed in making of wire Pins, Needles or Bonelace, the Master of the work shall once a week pay off all the Workers of the same Trade, and shall furnish them with stuff for making thereof; and when they are made, sell them for the advantage of the common stock: and so in all other Trades.

10. * 1.131 In the common Work-houses provision shall be made for all persons of all ages, sexes and conditions, whe∣ther young or old, which are not able to help themselves, and be therein imployed in such works as their strengths, genius's and abilities are fittest to manage and undergo; & let the females be imployed in several works by them∣selves,

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and have Mistresses for their Tutresses and Gardi∣ans; where they may be imployed in spinning, carding, sowing, weaving lace, ribband, tape, and other things; in setting of Cushions, Carpets, Hangings, and other things fit for the work of women.

By which means the poor of the Nation shall not only be provided for, but the Nation shall be thereby enriched; and for every penyworth of stuff that the Nation now affords of vendible Commodity in other Countries, it shall in few years afford three, four, five or six times the quanti∣ty; which shall much enrich the Merchants thereof also.

11. * 1.132 Let the Representees annually chosen for members in Parliament, be the Justices of Peace for the same year; and those which shall be resident in the Country to un∣dergo that service, and in all things observe the directions of Parliament, for levying of Souldiers, regulating of As∣sesments, and all other things whatsoever.

12. Every person or persons, * 1.133 who shall at any time make any new Enclosures upon any Wasts, Commons, Town-fields or commonable grounds, shall within every Pole set or plant at least one plant or set of Ash, Ok, Elm or Beech, and preserve the same for growth; and in those Countries where fruit-trees will grow and bear fruit, the like may be enjoyned also, upon forfeiture of 2 s. for eve∣ry defect, to be collected by the Constable by warrant from the Register, upon information to be made thereof to the Court by the Church-wardens, or any one or more of them in any Parish for the time being: which forfei∣tures the one half to be imployed to the common stock of the same Town, the other half to the Informer or Informers.

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The Sixth Days Work.

It's mutual Commerce that brings Beggers unto the state of Kings. * 1.134 And if we view the fruits of Trade, It is a tree of pleasant shade.

1. * 1.135 LEt certain Taxes, Customs and Impositions, be im∣posed upon all Manufactures which the Merchant shall bring from other Countries: but let all the Manu∣factures of this Nation be sold and exported free from the same for seven years, whereby the Country may be encou∣raged to Trade.

2. * 1.136 Let all the Trades-men in every Riding or distinct half Provincial Liberty, 〈◊〉〈◊〉 well of the common Work-houses as others of every distinct Trade, be a particular Society and Corporation, and have power to elect Offi∣cers and make Laws amongst themselves, for the advan∣tage and benefit of the whole; and also authority to put those Laws in execution, and to meet once a Month at a place certain within each division, or to appoint any other time or place within their limits (whereof publique notice shall be given at the last precedent meeting) for the doing of any thing requisite for the benefit and advantage of the same Trade.

3. * 1.137 That all persons within the Commonwealth of Eng∣land, shall bring up their sons to some Trade or other, after the age of fourteen till the age of twenty one at least; un∣der which notion, the Husband-man is reputed a Trades-man, which Trade none shall follow who with his own Team shall not Till every year twenty Acres of Land or upwards, as a Master-Husbandman.

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4. Every Parochial Town shall have a School-master, * 1.138 who shall teach all children in the same Parish, to write and read English, and cast Accompts, from the age of se∣ven till the age of fourteen, at which age they shall be ei∣ther imployed in their Trades, or sent to other Schools; and all children brought up in the common Work-house shall spend two houres every day in the same School, one in the forenoon and one in the after; and at ten years old and after, the afternoons hours shall be spent in writing and casting accompts, for which every School-master where no provision is already made, shall have 10 li. per annum quarterly paid by the Constable for the time be∣ing, besides the gratuities of the richer sort of people.

5. * 1.139 In every Sub-provincial or Market-Town shall be a free Grammar-School erected, where shall be a Master who shall have allowance of 40 li. and an Usher of 20 li. per annum, paid quarterly by the Sheriffs substitute for the time being; whither all the youths of that sub-Province (whom their Parents or Friends shall intend for Scho∣lars) shall be sent at the age of ten, and there continue till they shall be respectively fit for the University; whither none shall be admitted under the age of sixteen.

In every Sub-provincial Market-town, * 1.140 shall be a Scri∣vener or writing Master, who shall teach to write and cast accompts; with whom every Scholar in the Grammar-School shall spend at least one half day every week, or one hour a day for three days in the week: which said Master shall have the yearly allowance of 10 li. paid by the parties aforesaid, besides gratuities.

6. There shall also be a Musick-master, * 1.141 who shall have the yearly allowance of 10 li. besides gratuities, with whom every Scholar shall spend one half day every week, or an hour a day for three days in the week.

7. * 1.142 All such as shall be sent to the Grammar-School at ten, shall be continued there till fourteen; whereby the youth of the Country shall be fitted (by that time (they shall attain twenty one) for the service of Princes; and all

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who shall be imployed in Trades, shall be able to live thereon, and be helpful to their friends.

8. * 1.143 The present Armies now in being, to be disposed a∣mongst the Militia's of the several Counties and Provinces of the Nation, each Commander to have the conveniency of residing in his own Country, or the next adjacent; and let the Souldiers retire to the commands in their own Countries, and to have half pay for the time of their resi∣dences there, and to Muster once a month, and be in rea∣diness on all occasions, when the Parliament shall com∣mand; and so many as shall be commanded to the Guard, either to this Town, or elsewhere, for all the time of their service, to have pay according to the present establishment: and let the Militia be compleated together with the pre∣sent Army, to the antient number of the Trained-bands.

9. * 1.144 Let all disaffected persons be disarmed, and their Arms kept and secured, in the hands of the several Com∣manders of the Militia, to be disposed of from time to time as the Parliament shall appoint: and let no Officer of the Army or Militia be elected for a Member of Parlia∣ment; or if any such be, that during his attendance in Parli∣ament his Command shall be transferred to another, who shall personally attend the same, as well when they shall be upon service, as when resident in the Countries: to the end no disorder appear, but the same may be timely pre∣vented.

10. * 1.145 Let the several Universities of this Nation be purg∣ed from all dregs and reliques of Popish superstition; and let all Oathes formerly taken by any graduates there, be a∣bolished; and in lieu thereof, let the same Oath that the Judges and Justices are to take, be administred by per∣sons thereto Authorized; and such as shall refuse the same, be removed: and let all graduates upon their admission into order from time to time, take the same Oath, and no other; and let all Rights and Priviledges as to their Ci∣vil Rights, be secured; and such orders instituted, as may best prepare the youth thither sent, for the service of God

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and their Country: to which end, let the heads of the se∣veral Colledges meet and consider of such propositions by a joynt consent, as may be fit for the Parliament to ratifie and establish, as well for the study of Divinity, as Physick, Astronomy, or other Arts there fit to be read and studied.

11. * 1.146 Let none take any degree in any University before the full age of twenty one, nor any be admitted publique∣ly to Preach before the age of twenty six years at the least.

12. * 1.147 Let in every Province the Cathedral or chief Church in the same Province be repaired and endowed with 400 li. per annum, at the least; whereof 300 li. to be to two Ministers to officiate there, and the other 100 li. for the under-Officers in the same Church, viz. 50 li. to an Assistant, and 50. more to the Clerk, Sextons, &c.

13. * 1.148 Let the Sub-provincial Church in each Market∣town have allowance of 200 li. per annum, for two Mini∣sters constantly to attend the service of God there; and let each Parochial Minister have at least 60 li. per annum: and where any Parochial Minister by Tythes or other∣ways shall have above 150 li. per annum, let the surplusage go to the augmentation of his next Neighbour incum∣bants, to make each of them the annual value of 60 li. or upwards; but no augmentation to be granted to any Church which shall have 100 li. per annum, in present be∣ing, for the Ministry there.

14. Let no quarrellers, * 1.149 railers or State-Incendiaries be admitted to any Benefice; but let such be appointed, as in sobriety & meekness be have themselves, teaching the Go∣spel of Christ as the same is delivered in the holy Bible, without nice Inventions to intangle the hearers of the word; & let every Province be a Classis, & constitute Orders and Decrees for the well governing of the several people of that Province: but none to be put in execution, till the same shall be confirmed by Authority of Parliament.

15. Let the Lords day be carefully observed; * 1.150 and if any shall disturb any publique Minister, whether in his Pa∣rochial Ministry, or elsewhere in his exercise of the day, let

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a fine of 10 s. be imposed, and collected from every offen∣der; the offenders of what rank soever to be imprisoned in the common Stocks of the Town till the fine shall be paid, by any Parochial Officers or other person or per∣sons whatsoever, at the command of the Minister who shall be disturbed, whether he be beneficed or no.

16. * 1.151 That all seditious and scandalous persons, who shall pretend as Ministers to teach the people, and shall sow or foment any seditious, scandalous or blasphemous opinions to the disquiet of the people, shall be taken and imployed in the common Work-house, where he shall be so found, in such manual occupation as his body may bear; and to have only two parts of his gettings for his allowance; and not to depart thence till by the Magistracy of the same place he shall be released, which shall not be of one full week for the first offence, one month for the second, and a quarter of a year for the third.

17. Let publique Banks be erected, and Fishing in our own Seas not neglected; which with Customs shall defray the Maritime charge. But this is supposed must be the work of another Representative; for the Publique credit is at too low an ebb to expect it now at present.

Now the Lord prosper the work in the hands of the Magistracy for the good of the Nation in general, and themselves and their posterities in particular, who shall doubtless be the greatest sharers of the fruit of their own labours, be they good or bad.

When Work is done in season fit, The God of grace will prosper it.

Page [unnumbered]

APPENDIX.

LEt none mistake the Authors purpose in the precedent discourse to be, that every word and sentence should pass for a Law: No, if so, it had not seen light in so careless a dress, as it is. But consi∣dering the present condition we are in, the Juncture of affairs we are under, and the opportunity is now in our hands, the Author hath sent abroad-this Model of a settlement, as a rough draught, to be viewed cor∣rected, amended, and (so far as our Governours shall see meet) made use of: which if they will, may in less then seventy days be perfected; thereby shew∣ing the facility of doing, what is by all men so much desired; Wherein, as is said before, there's nothing new or strange: for the chief (viz the Regi∣sterial) part thereof is as antient as any inheritance we have, as well wit∣nesses the Inrolmnts in Chancery, and Court-rolls of the several Copie∣hold Mannors, which are no other thing save Registries ill kept; and yet as they are, there's more safety, and less trouble in setling Estates there, then in other cases. And if our Ancestors so long ago were so wise and pro∣vident, it may be no ill course for us to imitate them in what's good; and where they were defective, to furnish supplies requisite. Besides, it affords more Conveniency and regularity in elections, and more certainty of electing the best and sittest men for Governours, then any other way yet propounded to publique view hath done. Whereupon the great wheel of Government is as easily convertible, and with as much security as may be imagined, or can be desired; wherein all interests wi•••• finde security and profit: And to the Publique (above the charges of carrying it on) will arise a considerable Revenue. Now that a settlement is requisite, our present Governours in their Declaration of the 7. of May, have not only acknowledged, but pro∣mised, as men and as Christians vigorously to endeavour. The Army in their humble Petition and Address of the 2. of May, did unanimously represent to them, as in the 1, 7, 9, 11, and 13. Articles is very very apparent, and in the close thereof, do beg the blessing and presence of the Lord with them in the prosecution and bringing sorth thereof. Many well affected in sundry Counties of England have already Petitioned for it: The eyes of all the Nation are upon our Governours expecting it; our intestine divisions ad∣vise it; the consederacies of Europe require it, and our own safety com∣mands it, to be speedily undertaken, and vigorously prosecuted: which if pri∣vate interests belaid aside (by the doers) will be easily perfected; And the more durable it shall be, the more honour it shall be to the doers, whose honours shall grow with the Government they shall establish, and whilst the same endures they shall continue to all posterity. But some suspect the words (constant to this Commonwealth) in the oath appointed to be taken by the Judges, Justices and other Officers and Ministers, intend no other settle∣ment to be expected, then what we now are under: which if so, sad doubt∣less will be the effects: for clearing of which suspition (which if fomented may be cause of contraction of ill humors) a speedy manifestation of the con∣trary, by actions rather then words, may be wished, and is by many desired.

Some other things the Author intended to have spoke of; as the Spaniards

Page [unnumbered]

present growth, who by subjection of Portugal, Alliance with France, confederacy with the Emperour, the Pole, the Dane, and the rest of the German Princes, (in whose quarrel our brethren the Dutch are endea∣voured to be engaged) his late acquisition of Treasure from the West, toge∣ther with the specious pretence of re-enthroning again the Stuarts, (which title if once set on soot, what Partizans it will find amongst us, is worth consideration) by all which we may be invited to a speedy care and endea∣vour so to stile our selves at home, and provide for alliance abroad (e∣specially with our brethren the Dutch, whereby our Fleets may be recalled from their expensive attendances on other Princes occasions, to more profita∣ble imployments for their respective Countries, for both whose Trades the Seas and the World is wide enough) whereof we are now deftitute and naked, * 1.152 as may encourage our Country-men to contribute present supplies of money for the doing of all that shall be requisite: to which purpose it would be no difficulty to such as have plentiful Estates, full Stocks, and Money in their Purses, to give a years Rent of all their Revenues; nay to enjoy an unbiassed settlement, none such would deny it, or repine thereat (thereby to secure the rest) though upon such slippery foundations as we now stand, few or none will be free to contribute any thing at all; As also of the several divisions, rents and schisms in the Church, whereby that interest of Spain is no little advanced, Our fifth Monarchists ignorantly endeavouring to in∣troduce the Inquisition, as a Scourge to their own backs; And of the self∣endedness, covetousness; and other eminent signs of Antichristianity, predo∣minant in and amongst many Congregational societies, which of their own particular purses provide maintenance from their own Ministers, little or nothing differing in Doctrine from the Parochial Ministry, though they clash in words as if they would set on fire the whole frame of Nature, each judging and condemning all that are not of their own opinions: which from what root the same springs, or to what end they aim, the Author is not quick enough sighted to discern, though he hath observed many such to clime to places of profit more then other men: Things ill becoming Saints, if we believe Christ, who saith, His Kingdom is not of this world; and called his Apostles from their worldly callings, to be Preachers of the Gospel: so that the Author sees not why the Magistrate may not, * 1.153 nay ought not, to bring all such to civil obedience and conformity, according to the Rule of Christ, who commanded his Apostles to take what should be set before them; which may import, that the Ministers of the Gospel may freely participate of such allowance as the Magistrate shall alot for their maintenance (whether by Tythes or otherways) without asking any question for Conscience sake: and is more properly their duty s to do, then (Pope or Antichrist like) to make themselves every one head and Lord over the flock he superintends, there∣by dividing the Church into Factions; which how dangerous it is, the whole current of Scriptures declare. But the length of this Discourse exceeding its purposed limits, the Author commends the Premises to the consideration of our present Governours, and all others in the Nation which wish well to our English Sion, And them to the good and gracious direction and prote∣ction of the Almighty, in hopes of an happy issue, which God grant, Amen,

FINIS.

Notes

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