which Rules are so plain and express that hardly can anie contention break into a Church if the Elders do but practise them themselvs and see the Members do the like if but the Rules to order men's words onely were but well observed 't is strange what peace and love there might bee 5. Let everie Church at their entring into that Estate or after petition the Magistrate for protection c. and at the same time also deliver up to the same Magistrate a book of the Articles of their Faith and wherein they differ from others and promise the Magistrate also publickly to walk peaceably together therein That so if after that anie Brother fall from the Profession of all or anie of those Articles and yet will neither leav that Church nor suffer them to meet in peace but still go on to disturb them for such there are and is uncivil through a pervers zeal let him bee punished in som sort by the Magistrate according to his offence and the Church to excommunicate him if they finde caus c. 6. To provide maintenance for Ministers and learned men in all Languages and learning what can bee especially for Churches that are poor c. about which much might bee said c. 7. If the Magistrate see caus to exhort and stir up the Churches to keep close to their own Principles and to bee more zealous both in word and deed c. 8. To advance such to all places of power honor and wealth who are purest in their Profession and practise of true Religion both towards God and man After the love and honor of God hee chargeth us to love and help our Neighbor the Magistrate especially is charged with the weak as the widows fathertheless the poor and the helpless c. of which part of God's will the Magistrate is to have a special care to accomplish which a general rule must bee that the poor may have their commodities taken off at a markettable price els they will rather beg or steal then work To which purpose the Council of Trade should bee the Merchant for the State and in all Counties to have a stock readie to buy at usuall rate the commoditie of the Laborer so as hee may live comfortably and then the rule following may bee attended 1. Let all vagabonds and idle persons and such as make a trade of begging that are able to do anie kinde of work bee restrained set to work or punished 2. Let such provision bee made that all may bee set to work that are able and willing that all excuse for beging or stealing bee prevented which is not so hard to bee don 3. All lame and blinde that are healthful may bee set to som work and the sick and unable kept in Hospitals and it is the Magistrates dutie to see it performed out of love to humanitie and maintenance cannot bee wanting if full indeavor bee used therein Amsterdam is far advanced herein 4. Let truly poor Families and persons bee made partakers of the publick Alms either of the Churches of which they are or houses in which they dwel Amsterdam doth much this waie but this work might bee much more advanced and the Lord would delight in such and do them good 5. Let in everie town a Lombard or bank of lending bee appointed where the poor that have no friends or will not make their need known and such as on a sudden are fallen into som strait may have monie upon their paune upon a reasonable Interest A Lombard well regulated would bee a worke of much mercie and the monies of orphans might bee imploied in this waie to maintein the fatherless and increas their stock so would good bee don both waies And herein lie's the wisdom of the Magistrates to do a publick good and yet not hinder yea oft increas the publick stock of the Common-wealth manie such things are don in the Low-Countries 6. To give freedom of dwelling Trading and protection mercie also to all strangers to make little or no difference as the Lord of old commanded his People and promised to bless them for it and this will inrich a Nation mightily as wee see in Holland aud not hurt anie Natives as envious Persons think and can by good Reasons bee proved 7. A special relief to poor people and great good unto all sorts is the coining of farthings and half farthings and other small monie 't is incredible the good and convenience of it and all former inconveniences as easily prevented for which end all money less then sixpences mixed with so much Copper or brass that from one pennie to four pence all may bee as big as sixpences and the farthings or half farthings must bee made so big that they may have their value in copper so will they not bee made by others when the profit is small nor people lose them when they are made so big but special care must bee had that so much copper and small monie bee not made as would bee a burthen to anie 8. A Chamber or Court to keep secure and advance the estates of fatherless Children c. is of great use and relief for Orphans the Laws and Orders about it are manie and all must tend to the securitie and increas of the estates of such Children as their Parents for the better securitie have by testament betrusted the publick with or as it is in Holland where the estates of all that die without wills are seized by the deputies of that Court and the nearest or best friends of the Children ordered to manage the estate of the children yet so as they may do nothing without consent of the Lords and what is don at last is all upon good securitie for safetie and increas of the estate which beeing managed by true Justice and mercie is of great use to the fatherless and of great use to the Common-wealth as might bee manie waies proved 9. And som cours must needs bee taken that poor men especially may not bee for small debts clapt up in prison and thereby they and their families undon in a short time becaus hee is not able to put in Bail yea how manie a Merchant undon presently that was in a thriving waie and strangers also oft undon upon meer pretences and great is this oppression 10. Wherefore let no houskeeper that hath dwelt in that place a year or a year and a quarter bee liable to bee arrested till after sentence and execution bee out against his goods and if no goods can bee found then the creditor may have power to laie the debtor in prison if hee think hee hath concealed his goods and have anie friends that will releas him provided the Creditor must allow him six pence a daie or less so long as hee keep 's him there and though this may bee abused yet cannot bee so hurtful as the other 11. Another relief to poor and strangers is
's as manie controversies about the goodness of Commodities cannot bee ended presently by the Judges till good men that have skill in such commodities do view the same and value things c. and if then they cannot make the parties agree to make their report to the Judges how they finde things and they to give sentence accordingly so for accounts not possible to end mens differences justly till accounts bee well looked over and both parties are heard in private by good men and divers the like so that the Judges must know manie honest able men's skill in such and such things unto whom they may presently refer each controversie according to the nature of it whereby they shall decide things more justly and eas themselvs of a verie great burden with better content to both parties that have the difference 13. Let everie man plead his own caus and if hee think 's his adversarie too strong or himself too weak hee shall have libertie to take a friend or Neighbor to plead for him whom hee judge's able But not to let anie Advocates Attornies Scriveners nor anie for salaries to plead for anie man for manie weightie Reasons unless the difference bee about a great summe as sixtie eightie one hundred pounds or more then to admit Lawyers to plead if one or both parties desire it yet so that after they have don the parties themselvs may have libertie to speak if one or both desire the same 14. Let all mens Testimonies bee taken by notarial writings under oath or in the writing to offer an oath if desired to verifie what is therein attested yet so that parties may bee sent for and examined by word of mouth each apart if anie fraud bee doubted in the testimonie which will prevent incredible loss trouble and vexation to manie 15. Let all Judges Advocates Attornies Scriveners Sergeants Jailors and all whatever belong ro Courts of Justice have their pay or salaries out of som publick stock of the Common wealth and to defraie all charges herein let everie one that is condemned in his sute or that sue's and implead's another unjustly or doth another wrong and thereby forceth another to sue for his right paie one two three c. per Cent. for a mulct or fine to this publick stock and let them that sue or wrong another most basely and apparently unjustly and out of plain deceit and wrong paie half or the whole sum that hee would have deteined another of the half whereof give to him that was wronged or sued unjustly and the other half to this publick stock so shall men fear to wrong and sue another unjustly and prevent abundance of suites and quarrels and prevent charges to him that is or might bee wronged and the unwillingness of these Offices to do their office when they have nothing of them that set them awork may bee prevented by other means 16. In greater Cities especially in London where fall's manie differences there must bee so manie Courts of Justice that all suites may bee ended in a week or if there bee too manie writings to peruse and difficulties to hear then to bee put to good men to peruse and hear them and they for to bring in their report how they finde things if they cannot comprimise it and all ordinarie suites to bee ended at the first hearing or next daie at a second hearing if som paper or circumstance of proof bee wanting in the same Citie may bee two or three Courts of the same kinde onely one for a greater another for alesser summe Besides there may bee one two or three Courts for Sea matters at London if one bee not enough to end all things quickly one for quarrels one for monies and one for agreements in writing in which fall anie differences another there may bee for quarrels between Masters and men Mistresses and maids c. and other Courts there may bee if there bee need and better the Judges sit though they somtimes have little or nothing to do then hundreds daily wait on them and know not when they shall bee heard c. 17. Let not one man have power of anie Iudgment alone by anie means for besides one is more capable to bee bribed then manie that are changed yearly onely one in a Court staie's on for the year after and hee to bee the first president for that year one man cannot think of all things needful at that time so well as manie men can do and oft divers men or one amongst them finde's a deceit better and sooner then one man alone can do 18. Let order bee taken that no man may bee put in prison and have his libertie taken away for debt before sentence bee past and that hee bee condemned and when anie bee put in prison let their caus bee heard and presently determined and if they bee in debt and cannot pay their debts nor anie friends for them then let them bee set to work that in time hee may paie his debts or if possible som part of it for that is just and will make others take heed how they com into debt and do much other good 19. All living men are so partial that I doubt there is not one alive hath so much grace or truth that at all times would impartially give sentence and though som would not take monie or presents directly and by compact yet manie will take som kindness at lest indirectly especially from friends or kinred and though som would abhor all this especially for the most part yet are there anie living men that dwell in houses of clay and see through flesh that would not at som times bee partial to their neer friends and acquaintance and give such a sentence for them as they would not do if it were for an enemie c. Wherefore it is of verie great concernment that som cours bee taken to prevent as much as can possible bee all partialitie for which manie things might bee don and manie brave orders made if men were willing to do all that might bee Great punishments on them that take gifts * or pervert Judgments upon anie pretence is one good means and manie other helps there are 20. Sore punishment against fals witnesses is of great conducement to Iustice and few men there are that fear an oath indeed much less a lie or fals Testimonie when it may advantage themselvs or friends and most men in words do abhor a fals oath yet verie few in a temptation that make true conscience of it but finde a thousand waies to absolv themselvs and blinde their own consciences that they may not think themselvs forsworn or to have born fals witness wherefore against the subtletie and deceitfulness of man's heart in this and the former article especially all diligence of the depth of wisdom must bee set on work by means whereof good Laws and order and right antidotes may bee found to prevent all the
mischief of these evils And where anie doubt is each of the witnesses must bee examined alone in a room apart by which means great discoveries of untruth will bee found out to wonderment 21. Let som able men bee appointed but so as they bee not known to bee such continually to ride up and down and bee present at Courts of Iudicature somtimes in one town and Countie somtimes in another and when they finde anie Court to do apparent injustice let them discover it to the State for them to take a cours that such Judges may bee punished as they finde each in that Court to have been guiltie thereof so shall all Courts of Justice fear to do wrong lest som of these men bee there present to disclose their injustice Yea doubtless it would bee of admirable use to have either Sheriffs or som other to give an account of the obedience given to all Acts of Parlament yea to see them obeied in the Counties For Justice in Criminal Causes 1. LEt the same men in everie town and Countie that have the Judgment in Civil have the Judgment in Criminal Causes but in Countrie towns and places where are no men of much judgment let them not have the power of life and death in their hands but onely som other corporal punishments yet 't is strange to see in the Low Countries how their Bores or men in Countrie towns that in manie places have power of life and death will do better justice then learned men in other Countries 2. Next daie or two after anie are com or brought into prison let them bee examined that if anie bee unjustlie imprisoned hee may bee forthwith set at libertie and for such as are guiltie let them bee tried and sentence pronounced and executed as as often as possible may bee that Iustice may bee speedily exercised to the terror of evil doers and it will save much charge to the Common-wealth not to keep long in prison 3. Let no Malefactors against the light of Nature and civil societie escape unpunished but bee justly and speedily punished not in prisons before hand by cold heat stink famine or anie other wale but out of humanitie let them bee comfortably provided for till sentence bee given and then let Justice take place Thaâ— all Murtherers Theeves Whore mongers Adulterers fals-witness bearers evil-speakers deceivers Bankrupts Drunkards roiotors Traitors Blasphemers and all manner of evil doers may bee duly punished rather inclining to mercie then crueltie and alwaies with a merciful heart 4. Let no man or Court have power to pardon anie offenders for mercie to one offender is crueltie unto manie innocent persons for if one get's pardon one hundred will hope for the like and it increaseth offenders and wrong 's the Common-wealth and tend's onely to the unjust greatness of him or them that have that power and by God never commanded 5. Let no difference bee made between Iews or Gentiles bond or free stranger or Natives in either Criminal or Civil things for so hath God commanded and by this means shall the Governors bee true fathers of humanitie And it will mightily populate and inrich the Common-wealth when the oppressed in anie other Countrie know where to go dwell under so just Government with freedom from oppression 6. That the children nor heirs of Malefactors bee punished or disinherited for the misdeeds of their Parents becaus the Lord hath so commanded and the punishment of children for their Parents faults in former times hath been used chiefly by Tyrants who to secure * themselvs the better against treasons and hurt to themselvs set such sore punishments to deterr all from hurting them which should not have needed had they lived justly * If the Father forfeit his estate do it but let his small children have their portions out of it if they have no waie approved their father's evil 7. And I believ it can never bee shewed out of anie Historie either Divine or humane that ever God changed or put down that Government or brought so general a plague as war c. upon a Nation to destroie half or a quarter of the Inhabitants so long as but anie reasonable measure of Justice was found amongst them how much then will hee bless that Nation and Government with all manner of blessings both spiritual and temporal where with good Justice both true Religion and Mercie are advanced And most certainly that Government that followeth these principal Rules of God's word shall never bee changed whilst they continue so doing and that Nation shall alwayes continue most happie who are so governed for the Lord will not fail of his good word nor is his arm shortned It is verie adviseable that since England breed's so manie thieves and hanging thereupon is so common and cheap and yet little reformation that two Gallies may bee built to row from Gravesend to Queenborow and where els they may according to weather and put theeves on these two years seven ten or during their life certainly this will help more then the Gallows and more conformable it is to God's will and since the root of manie mischiefs is base swinish drunkenness and the cure hereof never reached by all the Laws alreadie made there is but one main Cure propounded Viz. That it bee inacted through the Nation that none drink to another directly or indirectly upon the forfeiture of twelve pence whereof six pence to the informer and six pence to the poor which though it seem ridiculous will prove the likeliest waie of prevention the practice beeing of men ingrammatical and practised in no Countries but among our neighbors in Germanie c. ANd becaus Justice cannot bee executed without Power therefore God hath given the Sword into the Magistrate's hand to maintein the Good and punish evil doers wherefore the Militia must bee alwayes well looked to and provided for 1. By putting into all offices both in Garrison and field godlie and trustie men the State may relie on 2. To have all Store-houses bee neer at hand and well provided of all sorts of Ammunition and constantly well drest and looked to both in peace and in time of war especially 4. * To put the Sword into no private Souldier's hand that is uncivil much less into the hands of lewd persons who love no Justice * They will destroie victuals in plentie cannot fast in want sooner fall sick and weaken the Armie mutinie sooner and fail and faint in the time of battail 5. Let all Militarie persons both Souldiers and Officers bee truly and justly paid whatever is promised them for they that are to maintein Justice must bee first just themselvs and keep Souldiers from injustice which cannot bee without due paiement for by good paiment you may have chois of Souldiers and may keep them in good discipline and may bee so justly ordered that they will bee no burthen but profit to the