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A90537 Good work for a good magistrate or, a short cut to great quiet. By honest, homely plain English hints given from Scripture, reason, and experience, for the regulating of most cases in this Common-wealth. Concerning religion; mercie; justice. By H.P. Peters, Hugh, 1598-1660. 1651 (1651) Wing P1706; Thomason E1364_2; ESTC R203158 34,087 127

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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 Tha● 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
trade to gather monie if hee will bee thriftie and diligent but as no man can grow rich that will bee gallant and costly at first So Kings Princes and States that will bee thriftie and diligent may gather monie like dust and make silver like the stones of the street and that in twentie thirtie or fiftie years time for think not but it must have a time and may as easily spend all again as wee see in Solomon or bee alwayes poor and in straits as all States almost are and know not how to get out of debt when 't is meerly their own faults as may most evidently bee proved And no people when a State is setled will bee unwilling to paie anie taxations when they but see or conceiv that 't is well used and improved but if States will go upon profuse charges when they are poor and keep thievs that steal the publick stock continually no marvel if people bee unwilling c. 10. If this waie of gathering monie with most eas and least charge cannot bee brought about without disturbance of the Common-wealth There are manie waies to gather more monie by Excise and Custom then now on foot and with less grievance to the Common wealth It is wished that all that use Coaches should paie fifteen pound or twentie pound yearly to the State And so for Hackney men according to discretion And to give all incouragement to Weavers and others to make all the manufactures of silk in England and to treat with som Weavers and merchants for the setting up of Looms and other inventions in England for getting of the manufacture here and that countenance by the Magistrates may bee given to the undertakers of what Nation soever provided they bee bound to set onely our English poor awork and bring over into England but a certain number not exceeeding a hundred to teach our Nation the manufactures aforesaid this beeing don would imploie manie thousands of our poor and get this Nation a rich manufacture and serv the exportation of our treasure which ought now carefully to bee looked after the like ought to bee don for the advancement of making all sort of linnen cloth That whereas great quantitie of Gold and Silver is wasted in this Nation in the making Gold and Silver-lace and thred and the vanitie and excess thereof is grown so great that an Act may bee made for the putting of it totally down that none bee permitted to wear it or expose it to sale under a certain penaltie or if it bee allowed to bee worn then onely for persons of qualitie and that an Excise of at least six pence the ounce bee laid on all the Silver Wyer and strict order taken that none of the currant coins of the Nation bee melted down for the making of that manufacture of Gold and Silver-Thred or Wyer and that all the workers both men and women may bee tyed to such just Rules as all the former abuses practised in this Trade may bee prevented in the making of that manufacture and restrained onely to persons of qualitie to bee allowed to wear Gold or Silver-lace By this means manie people will have their monie in their purses to supplie their necessarie occasions which they vainly laie out on their backs to the great waste of their private fortunes and dammage of the Common wealth for in all well regulated Common-wealths the extravagancies of Coin and profuse people ought to bee restrained by the Magistrates That all forrein Laces such as are made beyond Seas either in silk or thred bee debarred to bee imported into this Nation upon the forfeiture of ten times the value the Laces shall bee apprised at and if you will allow Laces to bee worn here then let our own poor have the benefit of making Lace here and not forreiners To advise all waies and means for the bringing in of Gold and Silver into this Common-wealth and to inquire and finde out what waies and designs have been practised to obstruct the Mint and transport your Treasure and to prevent it carefully for the future and to give all incouragement to Merchants to bring monies into the Nation to do this effectually would bee a great advantage to the Common-wealth and require's a diligent prosecution and inquirie after to prevent the great abuses in clipped English money to pass a Law it may all bee cut in pieces and none to expose it in paiement but as Bullion to bee new coined upon strict penalties against anie person that shall offend in the premises for the Common-wealth is verie much cozened by clipped monie NOw as a man cannot bee accounted verie religious who is slothful nor can shew much Mercie without plentie of means to do it withal nor will bee just to others who is not just to himself and Familie by diligence to do his utmost indeavor in som honest calling So the Magistrate in his place is bound to use and see that all diligence bee used to make happie the Common-wealth Which hee shall do I. By the advancement of Learning II. By the improvement of Nature III. By the incouragement of Arts. IV. By the increas of Merchandise I. FOr the Advancement of Learning Lord Verulam hath propounded manie excellent things and more may bee added by other learned men for doubtless Learning will mightily improve all other things if so regulated as self might bee less and the publick more intended Two books wee want in England viz. First another Martyrologie continued from Queen Marie's time to the death of the late King Secondly the Experiments Ministers and others have in several cases of Conversion and other cases of Desertion with the quieting of souls and means thereunto with a probatum est the names of the parties concealed which if everie able Christian would write and keep by him and print how might Satan's Methods bee discovered and manie souls comforted II. FIrst for the Improvement of Nature Lord Verulam hath also manie excellent and learned Problemes experiments and speculations and more in that kinde may bee added and brought to act by other learned men by the incouragement and help of the publick stock in times of Peace when war is ended 2. But of all things I thinke there is nothing conduceth so much to the profit of all as cutting of Rivers where none are and making them deeper that are too shallow both within and without Towns and from one town to another as wee see in the Low-Countries who have as the Lord Verulam saith the richest mines above ground in the world meaning their Rivers For in a Countrie like England the third or fourth part of all the Grain sown in the whole Land is spent upon beasts for carriage c. which by Rivers might bee spared and might by a joint hand and good order bee made more easily then is thought of 3. Som Privileges may bee promised and made sure to such to be injoied for life