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A31591 Englands wants, or, Several proposals probably beneficial for England humbly offered to the consideration of all good patriots in both houses of Parliament / by a true lover of his country. Chamberlayne, Edward, 1616-1703. 1667 (1667) Wing C1839; ESTC R24257 15,973 43

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live with more gravity and decency and so more feared they might then far better attend their Studies and Cure of Souls and so be able to give up a better account at last L. That according to the good Policy of Q. Elizabeth the Chancellours or Vice-Chancellours of both our Universities may be obliged to deliver the King every fourth of fifth year a just true and impartial List of all the eminent and hopeful Students especially those of the Civil Law to set down punctually their Names Colledges Standings and Faculty wherein they did or were likely to excel that so when any occasion should be to send an Ambassadour abroad the King might nominate him an Associate a Secrecary or Chaplain and when any preferment fit for persons of an Accademical Education should fall the King might make choice of the person LI. That all Advousons of England not now in the Crown may be all bought in at reasonable values and setled for ever upon the Crown that so all Rectors of Parishes as well as Bishops Deans and Prebends may have their dependance on the Kings bounty onely as all the Clergy in some Reformed Churches now have and not on any mean covetous illiterate factious heterodox symoniacal or sacrilegious Patron by which one means all the English Clergy would soon become Loyal and Orthodox of one mind and of one Lip the whole English Church would flourish in a perfect Unity and a beautiful Uniformity and God would then delight to dwell amongst us LII That since divers known Jews are by His Majesties Princely Clemency permitted again to inhabit in this Kingdom some good Laws according to the wisdom of His Majesties Predecessours and the present practice of other well-policed Christian Dominions may be enacted in order both to the Christians safety and the Jews Salvation It was the ancient Law of England as appears in Fleta that a Christian whether man or woman that married with a Jew should be burnt alive In Italy by express Law of all Jews even in those places where they are freely permitted to dwel are made uncapable to bear any office or dignity in the State nor to take any degree in the University or to be seen in publick without a distinct mark to be discerned from all Christians nor erect any new Synagogues nor circumcise any not born of a Jew nor take to wife a Christian nor impugne the Christian Doctrine nor to take into their Family a Christian to serve as a Servant or as a Nurse nor to be admitted a witness against any Christian nor be seen abroad on the day of our Saviours Passion nor to take any Usury of Christians Also that every Saturday Afternoon they shall be obliged to send one out of each Family of the Jews to a Christian Sermon appointed for them onely to the end that they may be converted to the Christian Faith or at least be convinced of the Truth informed of the reasonableness thereof above and beyond all other Religions in the world LIII That by an Act of Parliament or by a Canon of the Convocation the computation of the Church of England at present erroneous and defective may for the future be rendred more regular and perfect For in the Julian or English Account by reason of the no allowance made for almost eleven minutes every year since the year of Christ 532. the year with all its Festivals hath been brought back about ten days and thereby caused a notable absurdity more especially in the observation of the Feast of Easter which for Antiquity and Authority yeelds not as Learned Christians affirm to our Sunday or Lords day for whereas by the Primitive institution after a long and hot contention between the Eastern and Western Churches about the time only of observing Easter that Feast was at length by Decree of a general Council ordered to be observed for ever on the Sunday following the First Full Moon after the Vernal Equinox and not on the day of the said Full Moon as the Jews ever have observed their Passover now according to the Church of England there falls sometimes two Full Moons between the Vernal Equinox and Easter-day Nay which is too great an absurdity to be suffered in any Christian Church two Easters will sometimes be observed in one year and none in the next As in this very year of 1667. one Easter hath already been observed on the 7 th of April last past and before our Church begins to write 1668. that is to say before the 25 of March next there will happen another Easter viz. upon the 22 of March next and then from the 25 th of March 1668. to the 25 th of March 1669. there will not any Easter at all be observed in England according to the present Rule whereby is guided the English Computation FINIS
Nation and once banisht out of England by an Act made 2 R. 1. that in case of Shipwrack though all persons perished yet that all the goods which escaped should be carefully preserved for the owners or next of kin if they come within a year and a day onely allowing something to those that helpt to save the goods and preserved them afterwards XVI That by a Law the Fees of Lawyers may be regulated according to the moderation of other well policed Countreys where usually is given but a third or fourth part of what is expected in England And that if any Lawyer presume to take more then the Fees by Law allowed he may be rendred uncapable to practice any more and forfeit four-fold of what he hath so taken as is provided by the Civil Laws XVII That as in the reign of Edward the Second the number of Attorneys was regulated and 140 declared to be sufficient to serve this whole Kingdom so now that the number of Lawyers and Attorneys may be regulated and some things in their Pleadings reformed What a shame to our Nation is it that so many evil and rapacious Lawyers should be permitted to plead in behalf of vitious persons and of manifest oppressors and in causes notoriously unjust should be permitted to make a trade not to minister Justice but to heap up riches and devour all the fat of the Land XVIII That provision may be made to mitigate all such Laws which by the change of things and times are now become over severe and rigorous much beyond the intent of the Law-makers As that stealing to the value of 12 d. should still be Felony whereas when that Law was first made what was then sold for 12 d. which when the ounce of Silver was but 20 d. was as much as 3 s. now is now sold for above 40 s for in 51 of K. H. 3. eight Bushels of wheat was then sold but for 12 d so that the man that stole but seven Bushels committed but petty Larceny whereas now he that steals but a Peck may be found guilty of Felony unless the Jury will forswear themselves as commonly they do and bring in Eleven pence stoln when sometimes it is Eleven shillings as if the life of Man in our days were of a smaller and viler price then in those days So in the time of H. 2. the stealing of Oxen and Horses were counted inter minuta furta which Lawyers call Parvum Latrocinium or Petty Larceny Now why should the body of Man that Divinae imaginis vehiculum be destroyed for trifles why should Christians now be more cruel then the Jews or then Christians in former ages for in the middle ages of Christianity Paenarum ratio in multis potius quam in sanguine necesita fuit They them allowed a compensation even for killing of a man called Wergeld quasi viri moneta sive praetium which was with great justice paid partly to the King for the loss of his Subject and partly to the Lord whose Vassal the slain party was but especially to the next Kindred of the person slain and this custom seemed to derive it self from Moses Law Exod. 21. 30. Our Ancestors in this Kingdom before they were Christians had this Custom then thinking it against reason that when one man was killed and the King thereby had lost a subject that another should be put to death and so the King lose another subject and the Kindred of the slain no way recompensed for their loss as now is used And after they were converted to Christianity and did believe that penitent Christians went to Heaven they thought it more against reason when a man was slain to send the penitent man-slayer forthwith from this miserable world to a place of everlasting bliss but rather that he should by a corporal or pecuniary mulct be made miserable in this life it being much more suitable to the ends of Government that a criminal should live in perpetual ignominy slavery or misery rather then be taken quite away because a living condemned wretched Criminal will be a spectacle in others eyes will in time be convinced of his Crime will justifie his Judg and continually repent his own folly And therefore even since the Norman Conquest for Treason or foul Felonies the guilty were oft condemned to have their eyes pulled forth or their Testicles cut out that there might be no more of the breed or else that their hands or feet should be chopt off that so each foul Felon might remain truncus vivus as a living monument of his Felonious fact for deterring others and have time to bewail his own sins and misery But because in England too much severity is used against Theft and yet not enough to restrain it sufficiently and because the wisdom of Prevention is better then the wisdom of remedy XIX That to prevent Thievery the like course may be taken in England which is used in Holland especially in that most populous City of Amsterdam where as God commanded the Jews Deut. 15. 4. Non est Indigens nec Mendicus inter illos benedicit illis Dominus There is not a Beggar amongst so many hundred thousand To effect which they do three things they take especial Order that all Youth be bred up not onely in the knowledge of God but of some Trade or Profession They provide work for all sorts of People and Thirdly they compel all such as are not willing to work By this policy in Holland it is rate to see an Execution for Robbery and yet if a man could but see at once all the Criminals Young and Old Male and Female that have been hanged in England in one year onely for stealing what Horror and Amazement it would strike and how would a Hollander justly blame the policy of this State for Non minus turpia sunt Principi multa supplicia quam Medico multa funera XX. That for redressing those high Crimes so accounted by all Gods people heretofore though now in England little conscience is made thereof of wilfully robbing God or the King the one in his Tythes and the other in his Tributes Customs or Revenues it may be made absolute Felony for the future and very severe punishment inflicted as it is now in other Countreys and was anciently in this Kingdom To cozen the King but of Treasure Trove was antiently as affirmeth Glanvile and Bracton an offence punisht with death And 31 of Eliz. it was judged meet by the whole Parliament to make it Felony for any man to embezil but the worth of Twenty shillings of the Ammunition or Victuals provided by the Queen for her Souldiers XXI That according to the Law of God according to Christian Clemency Gentleness and Mercy according to the Laws of other Christian States and according to the antient Laws and Customs of this State no person hereafter may for any new Debt be cast in prison but rather that his Estate may be seized and the