A Direct Road, &c.
READER, I foresee, some will Object, 1 [...] Rich [...]. Chap. [...]. 5 and 6 E [...]. 6. Chap. [...] That 'tis impossible to supply the Defects of the Laws, for having Persons Worthy and Meet, and none other, advanced to Offices; Therefore I determine thus, That all things are to be held possible and performable, which may be accomplished by some Persons, though not by every one: And which may be done by the United Labours of many, tho not by one a part: And in brief, which may be finished by the Care and Charge of the Publick, tho not by the Abilities and Industry of private Persons. If for all this there be any, would rather take to himself, That of Solomon, Dicit piger Leo est in via, Than that of Virgil, Possunt quia posse videntur: It is enough for me, if my Labours may be esteemed Votes, or rather, the better sort of Wishes: For as it asks some Knowledge to demand a Question, not impertinent; so it requires some Understanding to make a Wish, not absurd.
I wish all Men were true Protestants; And that all His Majesties Free-born and Naturalized Subjects understood the Law, which saith, That their King is the Father of their Country; The Fountain of Justice, and the Patron and Protector of that Church, which is endowed with universal Charity: The very Bond of Peace and all Vertues, without which, whosoever liveth, is accounted dead before God: None questions the Kings Legal Power, or who made him King; but such as are of the Israelites kidney, that questioned Moses, [Page]who made him a Ruler and a Judge, and caused him to fly his Country for doing a Brotherly Office.
The King is a wise Prince and a profest Protestant, had he time to read the Case, and Petitions of his meanest Subjects, he would certainly do them speedy and cheap Justice, It is his Misfortune, as well as thine: That he is busily imployed, Circa Ardua negotia regni.
The Heathen Philosopher, that could say, We are not born for our selves, but partly for our Country, Condemns all Free-born and Naturalized Subjects (especially such as are under the obligation of Oaths and Associations to be true to his Majesty and his Government) that are not as serviceable as they may, or can be. Can any profest Protestant be ungrateful to His Majesty, that calls to mind, the many eminent Dangers, both by Sea and Land, to which his Majesties Sacred Person hath been so often exposed, to secure Protestants from Arbitrary Power and Popery? and sees how freely His Majesty leaves all things to be setled and done in Parliament for the common Interest of the Crown and People: So that if we be not wanting to our selves, we may be as happy as we can hope to be in this World and the next.
Therefore Reader, I will offer to thee such things, as I conceive necessary to be Communicated for the Service of my King and Country: If any thing be disliked, or not well approved on, let thy Charity pardon me, it being well intended; and remember it was not the Widows Mite, but her willing Mind to Contribute more, made her Present acceptable: Let not private Interest, Favour, or Affection, sway thy Judgmeent; read diligently, and judge Impartially, and give grains of Allowance to thy [Page 3]weak Brother, who exhorts thee in the Apostles words; Remember them that are in Bonds, as bound with them, and them that suffer Adversity, as being thy self also in the Body.
In private Families should the Husband Command unreasonable things, or the Wife despute her Husbands reasonable Jurisdiction, or the Children their Parents, or the Servants be Judges in their own Case, what distraction would inevitably ensue, in case Law and Equity were not Umpire.
Art thou compelled to take Oaths, and Subscribe Associations, thou art bound and thou must obey, or suffer what the Law Inflicts for thy disobedience; if thou discharge thy Oath and Duty, and suffer any loss or damage for thy Obedience, the Government is bound to make the repairation and to Protect thee: If a Law be attended with Inconveniences which were not foreseen at the time of making, and thou art prosecuted by force thereof, the King can stop proceedings, until the Parliament meet to Annul it, or Amend what is therein Amiss. Art thou Opressed by the neglect, or Non Execution of any wholsome Law, the King can Command the due Execution of it? Hast thou Consumed thy Estate, and contracted great Debts in discharge of Oath and Duty, and dost thou want Subsistence for thy felf and Family, and will not thy Creditors forbear troubling and restraining thee of thy Liberty, and will not the Government relieve thee? Commit thy Cause to God, he is the relief of the Opressed, and can make thy case known to the King, as he did Mordecais to King Ahasuerus, Doth any in Authority under His Majesty, upon any Acount whatsoever opress thee; His Majesties Propper Courts can Right thee? [Page]Are the Judges thereof Parties concerned in point of Interest to favour thy Opressors and wrong thee, or do the Judges, or such as the King intrusts to do thee Justice, deny or neglect to do their duty; thou hast a just and wise King to apply unto, whose Power and Prerogative is the most essential part of the Law: It is, saith a Learned Judge, A Sanctuary for the opressed to fly unto, a Fortress to the weak to retire unto, and a Curb to the insolent. So that thou mayest depend on Justice at His Majesties hands, because His Majesty can do no wrong; But the wisdom of the Law knows, that His Majesty sees with others Eyes, and hears with others Ears, and acts with others Hands; and that they may be gulty of abusing and wronging thee: Therefore the Law inflicts severe Punishment on such in Authority under His Majesty, as deceive His Majesty by ill Advice, or do, or suffer any thing to be done against the Honour and Interest of His Majesty, and his People; and His Majesty may, when he thinks sit, Sit in Person and see Justice done to any of his opressed or injured Subjects, for His Majesty is Supream Chancellor of England, and none is to depart his Courts without relief: And had His Majesty time and leasure to make one or two Presidents of Persons exemplarily punished for breach of Oath and Duty, it would ease His Majesty of much trouble, and make His Majesties Reign Glorious. Doth not the King understand the Laws, and will not his Councel advise him right; thou hast thy representatives in Parliament, to make thy Case and Condition known to the King? Are thy Friends to Justice, out-voted by Parties intressed to favour thy Opressors and wrong thee? Thou hast frequent Parliaments to apply unto, Art thou affraid the People [Page 5]will chuse the same Members? Every body knows that old Brooms being stumpy and stubborn, will scratch and leave Filth & Rubbish in Holes and Crevises, where new Brooms, being bushy and pliant, will sweep clean: However, thou may do well to give thy Fellow Electors to understand, That the Law allows not Parties interested to be either Judges or Jury-men, and that under Sherffs are not allowed by Law to be in Office above a Year at a time; because the Law presumes, new Shereffs are not so Crafty as the old, nor will be guilty of their Tricks and Fallacys: And it may be believed, that it is as requisite for none but indifferent Persons to have Votes in the High Court of Parliament, as to have indifferent Judges and Jury-men in the Inferior Courts, and that new Members to represent the People, may be as necessary as new Sherriffs in every County; let the People know the particulars of thy Case, and how thou art Oppressed, and by whom, and for what, and thou mayest happily prevail with them to chuse such to represent them and thee as live among them, and do all the Neighbourly good Offices they can. For the People of England are naturally Stout, Generous, and lovers of Justice, and will do all things that may suit with the Honour and Interest of their King and Country; and though Inhumane Wars, Plots and Conspiraces, have depraved their natural Tempers and Dispositions: Yet in proces of time they will be reclaimed, and thou mayest be successful: Thou knowest that the unjust Judge in the Parable, who neither feared God nor reverenced Man, was wrought upon by the importunate Widow to do her Justice, Gutta Cavit Lapidem nonvi sed sepe Gadendo.
For the supply of good Men to serve the King in Church and State, I humbly propose;
1 That none (for the time to come) may be admitted to Holy Orders, until he hath taken his degree of Batchelour of Arts, in one of the two Universities of Oxford or Cambridge.
2 That when a Bishoprick, or Benefice is vacant; the King or the Patron in whose gift the Benefice is, may give notice to the Chancellour or Vice-Chancellour of the respective Universities of the Vacancy: And the two Universities may in an Orderly and Regular way, as they chuse Members to represent them in Parliament, proceed to Elect, in each University, a fit Person to supply the Vacancy: And the King or the Patron may divide by Lots, which of the Persons so Elected and Recommended, shall be Instituted and Induced, to avoid disobliging any body; because Lots causeth Contention to Cease, and parteth-between the Mighty, Prov. 8. ver. 8.
3 That all small Livings may be Augmented and made sufficient Maintanance, and Subsistance for the Incumbent.
4 That all manner of great and small Tyths, as soon as Benefices be vacant, be sold to the best Advantage by fit Persons to be appointed by His Majesty in the vacancy for that purpose; and that all Sums of Money, raised by the Sale thereof, be laid out in Land that the Incumbant may be free from looking after, and gathring in the Tyths, whereby all occasion of differences and disputes between Parsons and Parishioners upon Accompt of Tyths may be avoided.
5 That so much as may be adjudged requisite to be taken off, or away from great Livings, may be applyed to and for the Augmentation of small ones; [Page 7]or that the Augmentation be made by a general Tax, or that the first years Profits of Temporal Offices when they become void, as well as the first Fruits of Spiritual Livings, when vacant, be made a Revenue and applyed to that use.
6 That no Person be permitted to hold, or enjoy two Livings.
7 That the small Salleries of all Offices in Church and State, may be Augmented, Inlarged, and made sufficient; that the Officers need not be put to upon Shifts to pay themselves at the Nations Cost.
8 That all Discoverers of Officers Undue Practises, and such as make proper and advantageous Proposals for the Redress of any Grievance sit to be remedied, may be duly encouraged; For, as Secretaries and Spials of State are allowed to bring in Bills for their diligence in the Inquiry and Discoveries of new Occurrences and Secrets in Forreign Estates: So if Encouragement be not given for home National Services, you shall never be advertised of many things most worthy to be known; Examples enough of this kind in all Flourishing States and Governments may be given to demonstrate the necessity and usefulness thereof.
9 That a Regestry may be kept of the Names of all Persons doing good and publick service, and that the Poorest sort, may according to their Services and Qualifications be advanced to Offices as they become void, in the First place; and the Richer sort to be provided for afterward in like manner.
10 That in case not any in the Registry be Qualified for the Office vold, and if the Office be in the Kings Houshold, Excise, Customs, or else where, and not in any of his Majesties Courts of Law or Equity; [Page]and if two or more be Competitors for it, his Majesty may for his own ease, appoint indifferent Persons to be Tryers and Examiners of the Petitioners Qualifications? and if such Tryers find two or more equally Qualified for it, the Preference may be divided by Lotts, because 'tis morally impossible otherwise to Gratifie one of such Petitioners, without disobliging the rest: And Persons disobliged are apt to be discontented and factious, and if Partiality be not avoided in bestowing Offices, as well as Benefices, the Administration will be Male and Partial Ad Infinitum▪
11 That upon the Vacancy of a Judge, Attorney, Soliciter General, or other of the Kings Councel at Law, the Inns of Court may in every of their Societies Elect one fit to succeed; and his Majesty may order Lotts to determine who shall succed.
12 That when any Office in any of the Courts of Law or Equity fall void, the Inns of Court and Chancery may in every of their respective Societies, Elect a fit Person to supply the vacancy; and Lotts may in like manner decide which of the Persons so elected shall Succeed the Officer Deceased or Removed.
13 That the Judges may have certain and sufficient Salleries setled as the [...]8 Edw. 3 St. 4.20 Edw. 3 Chap. Laws intended to support the dignity of their Places, in Liew of all Contingent Fees, Profits and Perquisites which now arise and increase, as Suits and Proceedings multiply.
14 That Suitors may not waist and consume their Substance by Fob Bills, Feigned Pleas, Writs of Error and the like, for delay, or to Protract time, which be expensive and troublesome to Plaintiffs and Defendants; the Judges may be impowered to allow such time for the ease and benefit of Suitors, as may be [Page 9]obtained by expensive Shifts, Tricks, and Falacies.
15 That no Person, unable to pay or satisfy his Creditors their whole Debts, may be kept in Prison▪ unless every Creditor, at whose Suit the Defendant is deteyned, do pay every week the Sum of [...] to and for the Defendants Maintenance and Subsistance; because Prisons destroy Debtors willing, but unable to Pay their whole Debts, and put them out of all Capacity to be serviceable to themselves and others, whereby their Wives and Children become Burthensome to the Parishes they Live in: As for the Debtors Real and Personal Estates, they may be Subject and Lyable to be Seized and Distributed Equally among all the real Creditors; But if a Debtor hath no Estate but what is imployed in his Calling, Trade, or in some Occupation or Lawful Course of Living, and doth out of the Product thereof pay to his Creditors what he can reasonably spare (over and above his own Wife and Childrens Necessary and Competent Subsistence) Then the Creditors to take their Debts in proportion as the same can be raised: And the Debtors Estate, or Effects, so Imployed, to be exempted from all Seizures and Executions.
16 That the Attorney and Solliciter-General, and every other of the Kings Councel at Law, may be allowed certain and sufficient Sallarys to Plead and Maintain Actions, populer Informations and Pleas of the Crown Gratis; and may be Prohibited to Practice and take any Fee in Causes between Party and Party, and may be set at work to Correct the Errors and Mistakes in our Law Books, and Explain doubtful Points, and expunge such things as too often misguide young Students, to their Clyents great loss and damage.
17 That all Grants, or Letters Pattents of Crown-Lands, not already Confirmed by Act of Parliament, may now be Confirmed, because the same are dispersed and gotten into the hands of many Persons by mean Conveyances, Statutes, Judgments, Extents, &c. and many of the Grantees and Venders are unable, in Case the same be restored to the Crown to repay the Purchase-Money, or make or give any Satisfaction to the Purchasers thereof: And the dread of Acts of Resumption makes the Possessors of such Land against their own Inclinations, Chuse such to represent them in Parliament as be the Venders, or their Heirs, or interested, to oppose Acts of Resumption. And their Fears and Jealousies, occasions Factions and Disturbance.
18 That Elections of Members to serve in Parliament, may be so settled by Ballat or Boxes, that Electors may not be known for whom they Vote or give their Voices; because many chuse their Oppressors (as the Indians Worship the Devil) that they may not hurt them; and the fewds and differences between Neighbours and near Relations upon accompt of Elections are wofully experienced in many places.
Object. Many Persons have lost, or may loose their Lives or Estates, or both, by doing good and Publick Services, and their Widdows or Children may not be capable of Offices; and the Government is so much in Debt, that the King cannot reward them with Pensions.
Answ. The King is so Just to his Parliaments, That he will not give Pentions out of any Branch of his Revenue Appropriated to the War, or to pay debts: And if the Branches not Appropriated, be not suffici [...]nt to Reward Services, the People will readily Pay any Tax or Imposition to Reward good Services Liberally; [Page 11]because it is for the Honour and Interest of the Nation so to do.
Object. Many Advowsons and Benefices are the Inheritance of private Patrons, whose Right of Prescription cannot be taken away, without invading their Property.
Answ. Records are Living Witnesses, Testifying, That Lands, Benefices and Offices, were in the Gift and Disposition of the Crown, when William the Conqueror obliged his true and faithful Friends and Servants therewith: And we read not of any privy Conspiracy or Rebellion against any of his Successors until those Favours were bought and sold; and Purchasers so abused both Crown and People, That most Dependants on the Crown, were under the slavery of Ill Officers and Guardians, who Bought and Sold young Heirs being Wards, and made few or none of them fit for the Service of their King or Country.
Private Patrons, abusing their Trust, occasioned Laws to be made against Simony, and such as abused their Trust by Selling Offices under the King, occasioned the Laws against buying and selling Offices and Places of Trust; and ill Officers and Guardians oppressing Wards, made Tenures and Services in Capite be turned into free and common Soccage: And with humble submission, all those Laws will be difficient until some way be found out, that it may not be in the power of any in Authority under the King, or by a derivative Power, to make ill Ministers or Officers in Church or State.
Private Patrons can make no manner of Benefit of their Presentations, without dispencing with the Laws against SIMONY: And though [Page 12]such as influence their younger Sons to be Parsons, and give or procure them Benifices in liew of their Portions, may be winked at by such as are guilty of dispencing with the Laws against Buying and Selling places of Trust: Yet the People of England who love Justice, and the Laws that provide against any to be advanced; to Offices of Trust, for Money, Brocage, Favour or Affection, certainly intended that the Trust for the cure of Souls should not be Committed to Sismaticks, or such as will either Buy or Sell their Trust.
Object. 'Tis believed that the Judg [...]s and Officers, who are Expositors and Executioners of the Law, Buy and Sell Offices and Places of Trust; And that others do the like by their Example.
Answ. He that Buyes will Sell, M [...]gna Charta 5 Hen. 3. Chap. 29. but the Law provides, That Justice shall not be Sold, Delayed, or Denied to any; That, 2 Hen. 6. C. 10.12 Rich 2. Chap 2. not any Person shall be advanced to Offices for Money, Brocage, Favour or Affection, but upon Merit: That 5 & 6. Edw. 6. Chap 16. he who sells an Office, shall Forfeit his Estate therein, and he that buys, shall be disabled to hold it: And Peti ion of Rights; Car. 1 Every person is Sworn to serve the King, according to the Laws and Statutes of the Realm.
18 Edw. 3 S. [...]. 20 Edw. 3. Chap. 1. It is also adjudged Bribery for any in Judicial place to take Money, Fee, Gift, or ought of value of any private person: And Inst. 3 p [...]rt [...]o. 145.148. V [...]ons Case Inst. 1 Part Fo. 134. upon the Laws against one that sold an Office, to lose his Estate therein, and the Purchaser was adjudged disabled to hold it, whereupon it was granted to a third-Person for life.
1 H [...]n. 4 C 6. Inst 1 Part Fo. 1. It is also provided, That such Persons as challenge any Office or other thing of value by Grant, without express Mention of the name and value, shall he punished [Page 13]for Deceit: And the Grants shall be void. And not any inferiour Office by express name, being mentioned in any Grant, Commissions, or Letters Patents to any of the Judges, or great Officers, they have not any Right or Title thereto.
Offices are Propper Rewards for good Services, 1 Hen. 4 Ca. Inst 4 Part Fo. 56. It was therefore provided, That such as had been Serviceable to the Publick shall be rewarded with Offices of the Kings Gift: And Offices are incident to the Administration, and Originally instituted to support it; and the Administration is inseparably United and Anexed to the Crown: Consequently Offices incident thereto, are the Inheritance of the Crown, and by force of the Stat. 5 and 6. Edw. 6 Chap. 16. The King may make a Revenue thereof.
The many Presidents upon Record shew, That either former Kings understood their own Right to Grant Offices, Vide the Patents upon Reco d in the T [...]w [...]r, and R [...]s Chappel. or had knowing and honest Ministers for the Office of Prothonotary, Register, Clark of the Crown, Incorporation of the Six Cleks, Cursiters, and others in Chancery; The Custos Brevium, Clerk of the Crown, Chief Clerk or Prothonotary, and others in the Kings-Bench: The Custos Breveum Chyrographer Clerk of the Treasury, and others in the Common-Pleas: The Treasurer, Remembrancer, Clerk of the Pipe, and others in the Exchequer, were (and most of them are now) Granted and Enjoyed by Letters Patents, Pari ratione, His Majesty may Grant all other Offices of like nature and Tenure.
When any Minister under Colour of his Office, Dyer 127. Challenged the right of Granting some of the said Offices, and the dispute between them and the King about the Right, came to be farely debated; It was Adjudged for the Kng, Hob R [...]. 46. by reason such Acts of Parliament [Page 14]as Impowered the Ministers to do what the King had right to do, shall not barr or take away the King's Right: But the same remain full and perfect, because such Acts were intended to ease the King of Labour, not to deprive him of his Power and Prerogative Inst. 1. Part Fo. 119. 2 pa [...]t [...]. 436. which is a most essential part of the Laws of England.
That Acts of Parliament, wherein the King is not named Inst. 1. Part Fo 43. Cook 11 Rep. Mag. Coll. C [...]se. shall not bart or take away the Kings right, and that General words in Acts of Parliament Grants, Use, Custom, or Prescription, shall not devest the Crown of any thing originally, and of right belonging to it.
That not any can prescribe to the Temperaltys of a Bishop, [...]st. 2. Part Fo. 15. because they are incident to the Person of the King, as Patron and Protector of the Church; and Ibid. 1 [...] Part Fo. 117. all Courts of Justice are the Kings, as Administrator of Justice: And Offices incident to his Administration, being inseparably United and Annexed to the Imperial Crown, cannot be severed from it Hob. Rep. 261. but by special Grant or Act of Parliament: Idem. 22 [...].342. Because all the People of England have an Interest in the Rites of the Crown.
Ibid. 347. Where the Crown hath a Right it cannot loose it, and not any thing shall pass out of the Crown but by special Grant; neither shall Officers Compact Defeat the Crown: And not any inferiour Office was ever granted by name to any Minister or Judge, because I st. 4. Pa [...]t Fo. [...]00. Hob. R [...]p. [...]55. by the Ancient Rule in Law, not any is to enjoy two Offices and Rules in Law, cannot be broken without doing abuse and deceit to the King; and 13. Edw. 1. Chap. 44. Judges are Charged upon Faith and Oath to Punish; but if they in their own right grant Offices, they are Punishable when their Officers offend, and [Page 15]it's against a Rule in Law, for any to be Judge and Party.
Henry the 8th. Granted the disposition of Fellons Goods to his Almoner, Cook Rep. Alton woods Case. and without reciting and revoking the same, did grant divers Fellons Goods to one Hales; and the Almoner disputed his right, because the Stat. 6 Hen. 8. Cap. 15. Saith all after Grants not reciting and revoking the former, shall be void, yet the latter grant to Hales was Adjuged good against the Almoner; because he was only a Minister in Trust for the King: And great Officers are no other, neither have they such express Grants of the disposition of Inferiour Offices, as the Almoner had of Fellons Goods.
King Edward 1st. Granted the Office of Master of the Rolls to one for life, Inst 3. Part Fo. 95.96. 9 Edw. 4 Fo. 6, 7.18 Edw. 4. Fo. 7. Dyer 176 Hob. Rep. 153. and setled the disposition to be ever after in the gift of the Chancellour or Keeper of the Great Seal for the time being; yet it was adjudged when the Office of the Master of the Rolls was void, to be still in the Kings gift, notwithstanding the settlement: And many other Offices when their right of Granting was disputed, were adjudged to be in the Kings Gift.
In Case the Judges had a right, as they pretend, it must necessarily terminate upon their own Death or Removal; yet they presume to grant Estates in Offices to others, for one, two, or more Lives, which Grants are Illegal, being against a Rule in Law, that saith, None shall transfer a greater Estate then he hath.
The Law ever looked upon the Injurious Acts of Persons in Office, to be worse then Robbing on the High way; Because a Theif can take but what thou carriest about thee, but wresting the Law or executing it Partially, may destroy Men and their Posterity. [Page 16]All Laws are to be Expounded most Beneficially to make them answer their true End, Plow. Com. 563. Dyer 231.313. Brook 77. Inst. 1 Part 381. Co. Rep. Alton woods Case. Heydens Case. for suppressing the Evils they intend to remedy; and the Construction which the Judges make of the proviso in the Stat. 5 and 6 Edw. 6. Chap. 16. for them to sell in repugnant to the Laws against Buying and Selling Offices; neither doth that proviso repeal the Stat. 12. Rich. 2. Cap. 2. So that the Judges can but do as they might have done, that is to say, for the Kings Ease, or untill his Pleasure be signified to the contrary; they may supply Offices void, so that there be no failer for want of a propper and sit Person in the Execution of the Law: And the Kings of England had no reason to trouble themselves with Offices upon the first Erection, by reason they were few and small, and of little value, but now they are many and of great value, and would raise a great Revenue without disobliging any body: For when an Office is void, and in the Kings gift, any man will be glad of the Moity of the Profits to live on, and to pay the other Moiety to the King for two Years, and to have the whole after the Expiration thereof, without paying any thing out of his own Pocket, because then the Officer will not be put upon shifts to raise his Purchase-Money, or reimburse himself, as too many have been of Late years. And if Persons that do good Service, be released from paying their first years Profits, the Obligation or Indearment will be greater.
Object. In Case Offices be in the Kings Gift, why should you propose the same to be Elective by Societys, as aforesaid.
Answ. I Propose none to be Elective by Societys, but in Case where there is not a Person in the Registry of [Page 17]good Services, Qualified for the Office void, and that will make all his Majesty's Subjects strive to Excel each other in Dutiful and Loyal Services, and qualifie themselves for good Offices and Imployments; were Persons Qualifications written in their Foreheads, there needed no Tryers or Examiners, or any Report or Recommendation, who are fit, or unfit: But seeing his Majesty desires nothing, but to be well served, and have his own and his Peoples business well and carefully done. And Tryers, and Examiners, and Societies, where Persons have not done any signal Service to recommend them, may reasonably be believed to be more indifferent and impartial in their Reports and Recommendations, than private Persons, who may be suspected to make it their business, for Money, Brocage, Favour or Affection, to Procure Offices; and seeing it is hard to distinguish Generous Noble Souls, from such as are Mercinary, and Sell their Prince's Favours: It is, as I conceive, the Interest of a Prince to prevent Evils which may be secretly Transacted, against the Honour and Interest of His Majesty and His People: whose Interest being united, cannot be severed; for that Reason, whenever a Private Interest comes in Competition with a Publick Benefit or Advantage, Judgment is to be given, Pro Communi utilitate Regis & Populi.
Records shew, that King James the 1st. had not Reigned above Three Years, before the most Horrible Gun-Powder-Treason Plot was Ripe, and ready to be put in Execution, at a time when the People were much Dissatisfied and Discontented with Favorites, Monopolizing old, and Erecting new Offices of Profit; whereupon his Majesty Issued out his Declaration, [Page]to put a stop to all further Suit to be made to him for new Offices; and Judgment was given against some that had Bought and Sold Offices, to Lose both Mony and Office: And had the Disposition of Offices been so Setled, that it had not been in the power of Favourites to have over-ballanced the Administration with Ill Men, Wards and their Estates had not been made a Prey to Ill Officers and Guardians, which occasioned the Murder of his Son, and the Exile of his Grand-children. And had not the Favourites of King Charles the Second discontented the People, by neglecting such as had Lost all by their Duty and Loyalty, and over-ballanced the Administration with such as were glutted with the Spoil and Pillage of the Crown and People: England might happily have Flourished in his Reign, but the Jesuits you know are very Rich and Cunning, and they, the French King, and the Devil their Master, ever took care to disoblige such most as had done their King and Country the best Service; because their Complaints lie heavy upon the Shoulders of the Government, and Friends disobliged, that will be Male-Contents and Disaffected, are the worst of Enemies. It would fill a Volume to particularize how and which way they divided our Councils in the late Reigns, and sowed Strife and Debate among their late Majesties Houshold, Servants and Favourites, and set up one Party or Faction, to pull down another, and made one Party jealous of another, and both of the King, and the King of them; and what Aid and Asistance was given to the Party or Faction that Debauched or Discontented the People most, and Ripened them for Rebellion; and how the Crown was Stript of its Ancient Regalia's and Inheritance, [Page 19]and how the same were Sold by the Grantees, and dispersed into many private hands, that when the Crown stood most in need of Aids and Supplies, there might be Squabbling about Acts of Resumption, misspending the Publick-Treasure, and what not.
Object. Doth not this Popular way of Electing and makeing Clergy-men and Officers, put the Staff of Government out of the King's hand?
Answ. There is a Law already in Force against Abuses in Election of Schollars and Presentation to Benefices; And you may remember His Majesty, upon his acceptance of the Administtation, desired the Parliament to Name Officers; because his Majesty had knowledge of few Persons, or their Services, and his Majesty looked upon the Representatives of his People to be most knowing and impartial: And undoubtedly had they Recommended, they would not have neglected any that had done any Generous Service for the Crown and People.
You have seldom any Benefice or Office of Value becomes void, but several be Competitors for it, and every one prevails with some to be his Intercessor; and it is Morally impossible to gratifie one, but the rest will be apt to dis-rellish their disappointment.
Signall Service and Societies, Electing and Recommending Persons and Lots deciding the Preferrence of the Persons Elected and Recomended, will disoblige no body, but a few private Patrons, that would influence their younger Sons to be Parsons, to give or procure them Benefices in Liew of their Portions; and such as dispence with the Laws against Simony, and Buying and Selling Offic [...]s, are but a handful of Men gratified, to the vast numbers of His Majesty's Subjects [Page]will be indeared by a right disposition of Benefices and Offices.
This Method Proposed, will certainly ease the King of much Trouble, and leave no room for his Majesty's Enemies to blame His Majesty; 'Tis not Ordaining, Naming, or Making Officers, but their Rewards or Punishments well placed, wherein the Staff of Government rests: And while His Majesty hath Full and Sole Power to Reward such Liberally as are found True and Trusty, and to Remove and Punish such as are found False and Treacherous, His Majesty may keep the Hearts of his People Firm and Fixt, which Commands their Hands and Purses: And such as Mis-behave themselves, will then have no Parties or Factions of their own Making, in Church or State, to [...]ly unto.
You know the People upon His Majesty's Access to the Crown, were as Debauched as the Devil, the Jesuits, and the French King, in the late Reigns, could make them; yet being true to their Common Interest, and stedfastly believing His Majesty would be so, they planted the Crown upon his Sacred Head, and his Majesty hath most intirely followed the Advice and Counsels of his Parliament, to the great Joy and Satisfaction of all good Protestants; and never People gave greater demonstration of Love and Duty to a Prince, than the People of these his Majesty's Realms and Dominions have done to his Majesty; and long may their Mutual Love and Affection continue and increase, are the hearty Desires of all that truly wish the Peace and Safety of Great Brittain and Ireland, and other his Majesty's Dominions.
Object. Are not many private Patrons, and such as have or claim the Presentations of Benefices, and Disposition of Offices, Lords of Mannors, and Men of Power and Interest, to Influence Boroughs to Elect them: And have not Burgesses equal Voices with Knights of Shires, then how can these Proposals take effect?
An. The People know that the Commons of England in Parliament assembled, are the Grand Inquest of the Nation, and that their Laws express their Aversion to every thing that smells of Partiality or Private Interest; and will any Man of Sense omit his Challenge of an Array or Pannel, or not take Exception to any returned upon a Jury, to give Verdict of a thing in Question concerns him: And will Men of Understanding chuse such to represent them in Parliament; as be Parties Interested to oppose any thing that is fit to be done for the Common Good and Benefit of the Crown and People.
You know the Advancement of such as signalize themselves by their Services, will be, without all doubt, well liked by every body; and such as are not signalized by Services, cannot be Advanced, but upon the Report of some body; if of particular Persons, their Report or Recommendation may be suspected to be Partial; so that you may believe private Patrons and Office-Jobbers will not be able, by all their Artifices, to delude the generality of the People, who heartily desire and wish that the Clergy were had in due Reverence and Esteem; that none but Persons Worthy and Meet, may be Advanced to Dignities, Benefices, and Offices; and that such as have good Estates, and Work enough to Husband and Manage [Page]the same well, were not put into Offices of Profit, to keep younger Sons of Parents, well descended, out of such Imployments as they are fitly Qualified for, and have Time and Leisure to be more Serviceable in: That all Loyal and Dutiful Services were Liberally Rewarded; That all under any Oppression for discharge of Oath and Duty, were Relieved, and due Care taken of the Poorest of them in the First Place.
Object. But Boroughs, wherein are few Inhabitants, will hardly consider ought but their own private Interest.
Answ. Some may be Stupified until they be Disfranchised: The People of England are not so Ignorant and Illiterate, as they were when the Duke of Cornwall multiplied Burgesses, nor when the Abby-Lands, and the Ancient Rights, Prerogative and Authorities of Justice, 27 Hen. 8. Cap. 24. were rescued out of the hands of the Pope and his Petty Tyrants.
Object. King Hen. the 8th. was not involved in War, and Espoused the Cause, and gave his People to understand his and their Common Interest; but the Nation is so Imbroyled with Wars Abroad, Factions, Plots and Conspiracies at Home, that his Majesty wants Leisure to Consider the many Inconveniencies that attend Him and his People, by not having the Defects of the Laws against Simony (and Buying and Selling Offices) supplied; and you know several in Authority under Hen. the 8th. were as Active as the King, to make the People sensible of their own Interest.
Answ. I Answer, The People are not so Ignorant and Illiterate at this time, but now all that are not wilfully blind, see which side their Bread is Butter'd on: 'Tis thy Duty and mine, in our Private and Publick Devotions, to Pray for the King, and all that are put in Authority under him, that they may truly and indifferently Minister Justice and Maintain Truth; and we best Express our Christian Duties, when we in our particular Callings, Professions and Trades, be Serviceable Members of the State, as well as of the Church.
'Tis true, the King wants time to read, but His Majesty hath many Honourable and Worthy Persons in Authority under Him, that have Leisure enough, and what they conceive fit to be done for His Majesty's Service, they will undoubtedly Advise and Counsel His Majesty for the Best. All that Truly Love and Honour His Majesty, and heartily Desire and Wish the Prosperity of Him and His People, are for Extirpating such things as make Parties and Factions in Church and State. And seeing 'tis usual to describe such Criminals as go by different Names, and skulk to avoid Justice, I will according to the best of my Skill, discover a Symoniacal Parson, and an Office-Jobber, that they may be known and apprehended.
The Character of a Parson guilty of Symony. He may be known by the extraordinary Pains he takes a little before he is to be examined by the Bishop or his Official; a poor Felon who has the Benefit of his Clergy, that can neither Write nor Read, is not harder put to his Shifts to learn his Neck-verse by Rote, than a Parson guilty of Symony is to fit himself for his Examination: And as soon as instituted and inducted, his whole Study and Business is, how to make most of his Benefice: And after that he is so taken up with Attending Courts of Justice, in Suits between him and his Parishoners, that he has much to do to escape the Penalties of the Law against Non-residency: When Overtures of Peace are made, he saith, Let the Law decide it, that his Successors may not blame him: And never makes any Agreement upon his own Terms, without a Salvo jure to his Successors, That they may place him in the List of their Benefactors: When he sees Complaint will be made of him to the Ordinary or Bishop at his Visitation, he has recourse to his Patron, and by Contrivance between his Patron and him, the Matter is hush'd up if possible; but in case it be not, their business is, by their Parties and Factions, to represent the Complaints, Schismatical Factions, and what not: His Flock are ever Bleeting for another Sheepherd, as Lambs for want of their Dams; and if they are not to be found in their Neighbouring Sheepherd's Fold, they are stray'd further and lost.
The Character of an Office-Jobber. He is of a Religion uppermost, a most accomplish'd Temporizer; his Ambition hates to see any of his poor and beggarly Kindred, or to do any thing for them, until he hath robed them with Honour, Offices, and what not, at the Nations and Poor Petitioners Cost; or he is so Covetous, that he cares not what he gets, or how he gets, so he can but get and heap up Riches. He is always Poor, crying, Give, Give, but never satisfied with what is given. He will not serve any but in Matters wherein he can serve or gratifie himself; as little Credit is to be given to his Oaths, as to Whores Vows: He is true to no Government, yet Zealous in Appearance to serve every Government; but Water-man-like, Looks one way and Rows another. He hates all Loyal Services, which represent any worthy of a Liberal Reward; Especially such as are Poor and cannot purchase it. He is never without a Jackhall to Forrage for him: When he meets a Man of Merit, he cries Shame no Provision is made for him; and when his Back is turned, he redicules him for a Fool, that serves his King and Country to the Prejudice of himself: For publick Business he accounts every bodies Work, and every bodies Business, to be no bodies in particular: But the proper Work of such as can serve Turns, and themselves at every Turn: His common Discourse is, Religion, Liberty and Property; But feeds so greedily on Pippins and Pigg stuffed with Guinea's, that he is Sloathful and Unactive to do his King and Country any manner of Service: His Complements are, [Page] I am but one, and I will serve you if I can, or come again to-morrow and your Business shall certainly be done: And when you come in Expectation thereof, it is still to-morrow; And at last when he had gratified whom he thinks fit, he tells you, He is Sorry he cannot Serve you: And if your Business happens to be done against his Will, he tells you how Serviceable he hath been to you: And that there is no Fee established for his extraordinary Care, Pains, and Expedition, but will take what you give him: In plain Terms, Nothing but weighty Presents, are weighty Reasons, can work him into a Frame or Disposition to do you a Just Favour, or Friendly Office; by vertue of Hocus Pocus Colore Officii, he can Drein your Purses, Afflict your Mind and Body; and do it so insensibly, that you may accuse him, but cannot recover any Satisfaction for the Loss and Damage you sustain. You may know him by the great number of Petitioners waiting at his Gate for Recommendations or Reports of their Services; and when his Tricking is found out, and he is likely to fall under His Majesty's Displeasure, he of himself fairly acquits all Publick Imployments, and becomes a Country-Gentleman, and there lives Great among his Neighbours, and treats them with all imaginable Courtesie and Civility, until they forget what manner of Man he was: And in process of Time sets up to be chosen a Member of Parliament: And if the People Elect him, he Acts his part like a Mountebank, to Gull the World with insipid Drugs and Medicines, of the Jesuits and French King's Composing. And search the Books and Files of his Receipts and Prescriptions, and his Coffers, and you will find who [Page 27]composed his Medicines and Lewis d'Ores good Store.
Object. In case Symoniacal Parsons, and Office-Jobbers, be such Dangerous Enemies to the King and his People, Were it not better to have a strict Scrutiny presently? For 'tis certain such as have purchased Benefices and Offices with the Jesuits or French King's Money, will serve their Turns; and such as have purchased with their own Money, will be upon the Spurs to re-imburse themselves; and both will act all for their own private Gain and Profit; but as little as may be for the true Honour and Interest of their King and Country: And the Proposals aforesaid are only for the time to come. Now admit an Office of Trust should become void, and a Worthy Good Man should succeed therein as proposed, if the Majority of Men in Office be Good, he may do a great deal of Good: But in case the Majority be such as came in by Money, Brocage, Favour or Affection; the Good will be but like a piece of New Cloth set upon an Old Garment, or New Wine put into Old Bottles; for the Bandittee of Office Jobbers will make all honest Men very uneasie, who cannot wink at or dispense with such things as the Bandittee allow to be Good and Practicable.
Answ. I suppose the Government hath paid a great deal for the Learning of the most Ignorant Persons in Office; and if any of them do not understand their proper Work and Business at this time of day, they deserve to be kick'd out of Imployment; and the Cunning will give over all their Tricks and Fallacies, [Page]when the Gift or Disposition of Offices is settled as proposed, because they cannot make Friends or Parties with Offices in their Gift or Recommendation as they have done: And such as have done Good Service, are proposed to be taken Care of; so that the future Settlement proposed, will work a present Cure. But would the Lords-Justices, now in His Majesty's Absence, please to appoint special Commissioners to Examine and Enquire into the Behaviour and Qualifications of such as be suspected to misbehave themselves, or to be Ignorant of the Work and Business properly belonging to their Offices, undoubtedly upon the Reports of indifferent Commissioners so appointed, many and great Abuses would be discovered, which the Government might think fit and necessary presently to redress.
Object. Is it safe to have such Enquiry made at this time?
Answ. I humbly Conceive, That it would oblige and indear the Generality of His Majesty's Loving and Dutiful Subjects, and none will be disobliged thereby, or Discontented at it, but Rotten or Gangreen'd Members or Branches, which must either be Dissected, or paired and scraped, that their Rust and Canker may not Corrupt the whole Body or Mass of Government, or hinder it to Thrive and Flourish.
Object. Would not this be better for Committees of the Two Houses of Parliament.
Answ. I humbly Conceive, That His Majesty and His People are best served and pleased, when Parliaments [Page 29]ring least of Grievances; and the more Active Princes and Private Councils are, to find out and redress Abuses in the Intervals of Parliament, the less Work will Parliaments have when they meet, and their Councils will be more Free and undisturbed: And if the Commissioners appointed be not True and Trusty, the King and His Privy Council, or the Parliament, will find out their Roguery, for the Blot will be Hit some time or other, and then Woe be to such, if any there be, who like the Chief Priests and Elders, have abused the Ears of Government.
Now Reader, I beg of thee to be like the Bee, that Sucks her Honey where the Spider gathers her Poyson: I know by woful Experience, that the best things said and done, may, by Mercinary and ill Men, be wrested to wrong Purposes. I do assure thee, if any so wrest what I have done, or make ill Constructions thereof, it is their own Fault not mine: For I declare to thee in the Presence of Almighty God, unto whom all Hearts be open, all Desires known, and from whom no Secrets are hid, that I have no other End in publishing this to the World, but to Communicate such things to all that truly Love and Honour His Majesty, that they may improve my Talent for the Service of their King and Country. Was I under no Obligation of Oaths, Gratitude would oblige me to be as Serviceable as I may or can be to His Majesty; But being under the Obligation of Old and New Oaths, to do my King and Country the best Service I can in my Calling and Profession, I hope none that reads this, but will pardon my Infirmities. Do thou but read [Page 30]the Petition which the Lords and Commons of England in Parliament Assembled, 3 Car. 1. presented to King Charles the First, and thou wilt find their Prayer in the Conclusion is, That His Majesty would be Graciously Pleased, for the further Comfort and Safety of his People, to declare His Royal Will and Pleasure, That all Officers and Ministers shall serve him according to the Laws and Statutes of this Realm, as they tender the Honour of His Majesty, and the Prosperity of this Kingdom. And were His now Majesty so served, there would be no Male-Contents, or Parties, or Factions, in Court or Country: Consequently Plots and Conspiracies would be at an end; and in all Parts of His Majesty's Realms and Dominions, the loud Acclamations of the People would be, O King, Live for Ever.