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A40443 Select essays tending to the universal reformation of learning concluded with The art of war, or, A summary of the martial precepts necessary for an officer / by William Freke, Esq. Freke, William, 1662-1744. 1693 (1693) Wing F2165; ESTC R483 109,423 300

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the like case an Advocate And yet after all and for all this though I can see my Brother is in an Error and I am obliged to use agreeable means to set him right yet can I discern his heart to say He lies is false or that he is perverse Surely God only who fearches the heart can lay such charges to my Brother and what though in such case I may contradict him yet in Charity I wrong him to say he is either false or lies I see but the Mistake Thus though I have the strongest Natural Duty on me to Reprove my Brother and nothing but his Malice for it can discharge me of it yet does that give me either power to Judge or Force him in his Actions The Wise and Good indeed have a rightful Dominion and Empire in reigning over Mens Thoughts and we are bound in Conscience to submit to it but surely every confident Contradictor has not the same Reason for our Submission Lapis Errantium or the Stray-office For all manner of things Lost Found or Mislaid within the Weekly Bills of Mortality of the CITY of London IT is not my business at present to run out upon the Antient Use of this Office in other Kingdoms which by its very Name I am perswaded a great many Learned Men are not unacquainted with I shall wholly confine my self therefore to shew of what a General and Great Benefit such an Office must needs be to this present City and in doing that I shall fully Answer my End in this Little Treatise And that I may the better do that therefore First I shall briefly as I can give the particular State of such an Office Secondly I shall Answer all manner of Objections against it And Thirdly and lastly I shall shew the wonderful Conveniences of it And in all these I shall be the shorter because the very hinting at the Great Uses and Conveniences of it will be sufficient to excuse all need of other Apologies for it The State of the Office I shall Represent briefly thus First In a Set-Table of Rates and Fees to be Paid and Allow'd to the Finder and Office And Secondly in some few Reflections on them   l. s. d.   l. s. d.   l. s. d. If the Thing Found be Valued at 0 0 6 Then the Finder to have of it for his Honesty and Care in Bringing it 0 0 2 And the Office to have for their Keeping it 0 0 1 0 1 0 0 0 4 0 0 2 0 2 6 0 0 8 0 0 4 0 5 0 0 1 0 0 0 6 0 10 0 0 1 6 0 0 8 0 15 0 0 2 0 0 0 10 1 0 0 0 2 6 0 1 0 2 0 0 0 5 0 0 2 0 4 0 0 0 9 0 0 3 0 8 0 0 0 16 0 0 4 0 100 0 0 10 0 0 2 10 0 My Reflections upon this Table are these First That all things Found shall be Valued at a Rate by Appraisement and that if any Difficulty arise between the Finder and Loser so it shall be decided each of them choosing an Appraisor and if they shall not agree nor find an Umpire in two days that then the Office shall do it for them and that shall be Decisive Secondly If either finder or looser or the Lord on Escheate in two days notice refuse to appoint their Appraisors that then the Office upon both or either of their Defaults shall be able to get Appraisors to set a value and to give the finder his due thereon and to keep the Goods or sell them if perishable and keep the Mony till the Looser or the Lord of the Royalty shall allow him both his and the finders Fees Thirdly That all things enclos'd as Writings in a Box Mony in a Bag or Cloaths in a Trunk shall not be open'd till the Looser come or the Lord of the Royalty claim them but that then the Finder may have them to be open'd to be Apprais'd or otherwise as he shall desire it before they be deliver'd out of the Office Fourthly That all things of real value the Office shall be ready on bringing in to receive and to give the Finder his due immediately but for Dogs Pocket-Books and Keys it shall reserve them to give an account of them or else make an Entry where they are to be found as the case shall reasonably require Fifthly If Goods perishable are found that then the Finder and Office shall have power in convenient time to sell them by Appraisors and so to be answerable for the Mony only Sixthly That if any thing above 20 s. value be found that it remain in the Office at least a Week that the Right Owner be not cheated by a Collusion of the Finder So if Goods or Money above 20 l. value be found that they remain in the Office a Months before they be Delivered except the Pretended Loser give in Security for their Forth-coming but after a Month that they be delivered him only on a Note of the Losers place of abode and quality to inform after Claimers Seventhly That all Pocket-books or Dogs that are found shall be valued as at 5 s. and Keys of all sorts as at 12 d. to avoid all Disputes and that Bills of Exchange by which the Mony might be receiv'd shall be valued as Mony Eighthly That all things under 20 s. value shall be forfeited to the Lords of the Royalty if not called for in six weeks and all things under 10 l. value if not called for in a Quarter of a year As for all things of a greater value to remain a Year and a day as the Law directs before the Lord to have them Lastly Let no Man think that to allow to the Finder and Office in this case 12 l. 10 s. in the Hundred is too much for as when he is in hazard of all it 's well if so little will procure it so indeed less will not be sufficient either to incourage the Finder to bring in what he has discover'd or to Answer the trust and hazard of the Office in Keeping and Registring it The Objections that seem likely to be made in this Case are these First That such an Office will destroy Royalties As to that I Answer 't will rather vastly promote them For as now all Findings are Conceal'd so by this Means they being Discover'd they will be assur'd of them indeed in this case they will be forc'd to make some allowance to the Office and Finder for their Care but that surely will be Reasonable when 't is no more than is required of the Loser Secondly That the Gazette will be wrong'd in their Publications But as to that I Answer It must needs be very inconsiderable For Publications there are generally of Dogs stolen of Value and of Horses and of other things lost in the Country and as to those you see this Office gives no diversion Thirdly That this may be apt to encourage Thieves but as to that I say on
the contrary that it cannot but be the greatest disincouragement to them imaginable for when they who have lost or been rob'd of their Goods shall repair to this Office and make their Entry of them there not only the Office will be ready to seize them but every one that happens on such Suspicious Goods will know speedily where to repair to know whose they are and whereupon a Discovery must necessarily follow Fourthly That we shall want power to make the Losers and Lords of Royalties allow the Fees of finding and the Fees of the Office but as to that I propose we may be effectually help'd by an Act of Parliament if not by the King's Patent Fifthly But you will say What Security shall the Loser and Finder have not to be wrong'd by the Office I say they shall have a Publick Security given in by him that keeps the Office to see that what ever is left there shall be forth-coming and the Office-Books lying always Publick they shall make their Entries if they please themselves and if Goods of Value be found the Office shall be responsible to the Finder that it give him notice to have a just Appraise●…nt if he desires it before the Goods are deliver'd to the Loser and in the same manner shall the Lord 's Right be secured also Sixthly But you will continue to Object that Finders will still conceal their Goods and Mony notwithstanding I say to prevent that a Clause in such an Act of Parliament That if the Finder bring not in the Goods or Mony within a Week after they are found he shall not only lose the Profit of such his Finding to the Informer but be liable to an Action of Trover with treble Damages on Conviction I say such a Clause would make it almost impossible that any thing should be conceal'd from the Office The Benefits of such an Office would be such as these First You see this Office will be as a General Place of Notice for seizing all manner of Suspicious Goods Secondly This Office will as well Encourage as Threaten a return of Found Goods For when Men see they may have honestly a good Reward they will scarce by being dishonest hazard the losing all and paying for it too by an Informer which in the present Case they will be in great danger of especially when we consider that Finders have generally too much Joy to be Silent Thirdly An Informer in this Case would be so far from a contemptible and servile Office that it would not be too mean even for a Gentleman to undertake and though he might give his Reward to whom he would yet in honour he might assist any one when so basely and meanly injur'd Fourthly As nothing is so inconsiderable that some People have not a Fancy for so nothing scarce can be of so little a value that this Office would not draw to it a little sure and honest Profit would tempt thither even things of Six pence worth and he that in such case will not care to carry the thing to the Office himself will not want some one or other that he might oblige by it So that the benefit of such an Office must needs be I may almost say past Expression in short 't will make this Great City and Suburbs to have the Correspondence almost of a Family and it should be no small Recommendation of this Office to a considering Man that it has been in another Nation before and therefore consequently to be presum'd to be of success as well as of most considerable publick benefit to this In short if Use and Innocency can recommend any thing this Office has all the advantages possible and I shall say no more of it because no Man can look into his own Thoughts and not be convinc'd of it and that even in many things not here mentioned The PROJECT or The Method of putting this Office in Practice First That for the ease of Finders there be four or five places appointed for the Receipt of Found Goods As at 1. Charing-cross 2. Temple-barr 3. Leadenhallstreet 4. Southwark And Secondly That for the ease of the Loser these be only places of Receipt and that one Chief Office being appointed as at Temple-barr that all Found Goods and Mony be fetch'd daily from those places of Receipt about the hours of 8 and 12 each day So that Goods left in the Morning shall be ready for the Owner for a certainty in the Afternoon and those left in the Afternoon the next Morning at the one Principal and only Office of Delivery Thirdly This Method to continue all the Week and all the year round Sunday excepted Fourthly That several Books for Entring such Goods and Mony be kept as well at the several places of Receipt as the Principal Office and that they be in four Columns and under four Heads in manner and form following Things Lost Place where Finder Loser Fifthly That when such Goods are fetch'd from the said several places of Receipts that then a Duplicate be brought with them of all their several Entries to be Recorded in the General-Office of all which Duplicates the General-Office may once a Week take an Account by comparing them with the several Books of Receipts Sixthly All the Office-Books to be Mark'd and lye Publickly so that if the Finder see but the things Entred 't is impossible but that they must come to the Losers knowledge and 't is as impossible that any Lords of Royalties should be able to lose their Rights Seventhly The Goods being thus remov'd to the General-Office the Finder may receive notice when to meet at an Appraisement if he has not receiv'd his due before and the Loser may know what his demands are so that if he agree to them there will be no more but that the Office receive the Mony But as for the Entry of Suspicious Goods to be seiz'd that as it ought to be in a distinct Book so for the Readier Recourse it should be only done at the Principal Office at Temple-barr so the like for a Caution Entred for Goods Lost that the Owner may have Notice sent him if they come to this Office and for this the Office is to be particularly paid according to the length of their Entry but where the Goods are found no other Fees are to be paid for the Entry than in the Table before Of CVNNING THe Cunning Man and the Wise Man differ not only in point of Honesty but Ability He that can pack the Cards does not always play well Cunning Men like Juglers are only vers'd in two or three Little Tricks while Wisdom excels in the whole Ring or Circle of Action But is Wisdom to be despis'd because others sculk through their Cunning Shall a General abandon all Discipline because his Parthian Foe fights flying No rather discovering his petty shifts let him destroy him in his Wiles Surely Cunning Men are too weak for Council for Practice and Understanding Men indeed they