AN ADMONITION TO THE Magistrates of England Upon our New Settlement.  
I Have in some Papers dedicated to the King, under the Title, of The True English Government, &c. and others entitled Of Humiliation, &c. endeavoured to persuade the Promotion of A. Reformation of the Degenerate and Corrupt Manners of this Nation by a Proclamation by the King, and by some better and more effectual Laws to be provided by the Parliament, as a matter which we are obliged to( besides the Common Obligations and Interest of all States, especially Christian, to take care of the Manners of the People) by divers Special Obligations at this time, as the Examples of the Unhappiness of the last Race of our Kings, our late Admirable Deliverance, and our late Solemn Dayes of Thanksgiving, and of Humiliation, and daily Common Prayers, especially during the Sitting of the Parliament, which without actual, zealous, and speedy Reformation, are all but more hypocrisy or Formality, & such an Abomination in the sight of Almighty God, as is more likely to provoke him to deal with us according to our own ways, to withhold his Blessing, as we neglect his Service, and let our late Great Mercy dwindle by degrees, and turn at last into a Severe judgement, rather than procure a continuance thereof. And I therein also intimated plainly enough in the first of them, the great danger there was that the Neglect of this Duty would be attended with Impediments and Disappointments in our Counsels and Preparations. which Intimation the Event hitherto hath sufficiently shewed was not altogether vain.  
These Papers were presented to, and received with good Approbation by many, who had the fairest opportunities and advantages for the promotion of such a work; but yet, for any thing that hath yet been done, have been but like the Prophets Song: Not a man have I heard of that ever opened his mouth in either House of Parliament for any such purpose though some there have been under very special Obligations, to be concerned for it. May that be remembered, They that honeour me I will honor; and they that despise me shall be lightly esteemed.  
It remains therefore, since there is little hopes at present of any more effectual Laws for the restraining and reformation of those Evil Manners, which the Licentiousness of the two last Reigns had introduced or Encouraged, nor so much as a Proclamation to enforce the Execution of those we have already, that the Magistrates will be persuaded to do it of themselves. And for this purpose I will not repeat any thing concerning those several Obligations incumbent upon the whole Nation, which hath been mentioned before, and may be seen in the Papers before mentioned; but consider only the Special Obligations of all those Noblemen and Gentlemen, and whosoever they are, who are or shall be in Commission of the Peace, and have taken or shall take the Oaths, which all by the Laws are bound to take before they can legally act in that Office.  
Of those the Oath of Allegiance or Fidelity is one, which certainly, if well Considered, doth lay a Special Obligation, upon all who take it to observe the Laws; which is the only true and genuine Notion of Allegiance and Loyalty. But I will insist only upon what is most Plain and obvious to the meanest Capacity, and that is the Oath concerning the Office of Justice of the Peace, which hath been anciently to the like effect that now it is. The very first words of this Oath contain enough for my present purpose and these they are:  
You shall Swear that as Justice of the Peace in the County of N. in all Articles in the Kings Commission to you directed, you shall do Equal Right to the Poor, and to the Rich, after your Cunning, Wit and Power, and after the Laws and Customs of the Realm, and Statutes thereof made, &c.  
In which words there are three things to be observed. 1 the Matter of the Obligation: and that is 1. in general, do Right, or Justice: 2. more particularly, to do Equal Right, without respect of Persons, to the Poor, and to the Rich. 2. the Extent and Limitation of it, and that is threefold: 1. In all Articles in the Kings Commission to the Justices, directed. 2. After the laws and Customs of the Realm, and Statutes thereof made. and, 3. Within such a Special County. 3. The Manner, and that is after the cunning Wit, and Power of the Justice, according to the best of his Understanding, Skill, and Ability. For our better understanding of this our next step must be to the Articles of the Commission, the very beginning of which will be sufficient for my present design, which I shall thereset down in plain English.  
Knowye, That we have assigned you jointly and Severally, and every of you, our Justices to conserve our Peace in our County of N. And to keep, and cause to be kept, in our said County, as well within Liberties as without, All Ordinances and Statutes made for the Good of our Peace and the Conscervation thereof and for the quiet Rule and Government of our People, in all and every the Articles thereof according to the Force, Form, and Effect thereof: And to Chastise and Punish all Persons in our said County offending against the form of those Ordinances or Statutes or any of them, as according to the form of those Ordinances and Statutes is to be done, &c.  
And this expresseth first the End, for which the Commision is granted; and that is, to keep the Peace, and to keep and cause to be kept all Ordinances and Statutes, &c. and than appoints the Means, viz. to chastise and punish all Offenders: and so shows what Justice it is, which by the Oath we are obliged to do; and that is more especially the Punishment of Offences against the Laws and Statutes of this Realm, or at least Enquiry, Examination, and Commitment in order to further punishment. And this must be done first equally upon all Persons offending in the said County, Omnes in Comitatu praedicto Delinquentes, saith the Commission; Equal Right, without respect of Persons, to the Poor and to the Rich, saith the Oath. All without Exception: All are subject to those Laws, be their Quality or Estate what it will, yet are they Subject to these Laws And if I be entrusted by the King, and Sworn to God to execute the Laws, I must execute them upon all Persons, be they who they will, Civil, Military, or Ecclesiastical, who presume to transgress them, and thereby subject themselves to the Authority with which I am invested & entrusted. Be he my equal, or be he my Superior in any other respect, yet if he transgress those Laws which I am bound to Execute, and within the limits & extent of my jurisdiction, I am bound to Execute them upon him; though in all other respects I must treat him according to his Quality. Even privilege of Parliament extends not to Treason, Felony, and some other matters And If I must do it to those who are my Superiors, what excuse, colour or Pretence can I have not to do it to any who is my Inferior, or but my Equal?  
And as it must be done equally, and indifferently, without respect of persons, so it must be done effectually to the utmost of his knowledge, Skill, and Ability, who is to do it; after his Cunning, wit, and Power, as is expressed in the Oath, as fully as Words could do it. And this doth certainly imply a Competent Skill; or at least a resolution to use all diligence, industry, and Study to acquire a comperent Skill for the effecual discharge of such an undertaking; as will more fully appear if we distinctly consider the several Obligations thereby immediately contracted.  
1. There is an Acceptance of a Trust, and a public Trust, a Trust reposed by our Country, by the hand of our Prince. This is plain in the first and second Assignavimus, in the words of the Commission before recited, and those which follow not far after. And if the non-performance of a Trust between Man and Man be a thing so odious and infamous as is commonly reputed, what is to be thought of the non-performance of a public Trust, a Trust reposed by our King & Country?  
2. The Acceptance of the Trust subjects the Person to the Command annexed to it in the Commission, in those words: Et ideo vobis et cuilibet vestrum mandamus, &c. And we therefore command you, and every of you, that you diligently intend to the Keeping of the Peace, of the Ordinances, Statutes and of all and singular the Premises. So that our Fidelity and Loyalty are plainly concerned in it, if we be Men who pretend to those things: but if we be Men who indeed make Conscience of Fidelity and true Loyalty, we know we are obliged to obey our Superiors, where they have Power to Command, not only for fear of Punishment, or any temporal respect, but for Conscience sake, and our Duty to God.  
3. This acceptance is under the most Solemn Engagement that can be, the most Sacred Obligation of an Oath. And all this upon a supposition in the Superior, that the Person is both competently qualified, or capable of being so by his just endeavours and resolved to the utmost upon the due performance of his undertaking and duty. He who is not thus resolved, is not fit to be trusted, and is very unadvised in his Undertaking. It is a business of that weight, that ought not lightly to be undertaken; not for the Honour or Credit of it, or to have a Power over ones Neighbours; but upon good consideration, for the Service of God and his Country: And being once undertaken, and under such Obligations, ought with all Care, Diligence and Resolution to be performed.  
Among public Offences judged worthy of the severest Animadversions and Punishment, Profanation and Contempt of their Religion hath always been reckoned one of the First by the wisest even of Heathen Nations: But with us, though our Laws are too remiss and defective in that respect, yet to our shane, being Christians, it must be confessed, that our Execution for the two last Reigns hath been so much more remiss that it hath been neglected to a plain Impunity. In hopes therefore that our Government and Execution is now committed to better hands, I shall transcribe  

An ACT to prevent and reform profane Swearing and Cursing.  
FOR as much as all profane Swearing and Cursing is forbidden by the Word of God, be it therefore enacted by the Authority of this present Parliament, that no Person or Persons shall from henceforth profanely swear or curse: And that if any Person or Persons shall at any time or times hereafter offend herein, either in the hearing of any Iustice of the Peace of the County, or of any Mayor, Iustice of the Peace, Bailiff, or head Officer of any City, or Town-corporate where such offence is or shall be committed, or shall thereof be convicted by the Oaths of two Witnesses, or by confession of the party, before any such Iustice of the Peace of the County, or head Officer or Iustice of the Peace in the City or Town-corporate, where such offence is or shall be committed, to which end every Iustice of the Peace, and every such head Officer, shall have Power by this Act to minister the same Oath, that then every such Offender shall for every time so offending, forfeit and pay to the use of the Poor of that Parish where the same Offence is or shall be committed, the sum of twelve pence. And it shall also be lawful for the Constable, Church-wardens, and Overseers of the Poor of that Parish by warrant from such Iustice of the Peace, or head Officer, to levy the same sum and sums of money, by Distress and Sale of the Offendor's Goods, rendering to the party the overplus: And in defect of suh Distress, the Offendor, if he or she be above the Age of twelve Years, shall by warrant from such Iustice of the Peace or head Officer, be set in the Stocks by three whole Hours; but if the Offender be under the Age of twelve Years, and shall not forthwith pay the said sum of twelve pence, then he or she, by warrant of such Iustice of Peace, or head Officer, shall be whipped by the Constable, or by the Parent or Master in his presence.  
And be it further enacted, that if any such Offendor shall commence any svit in Law against any Officer or other, for such distraining, Sale of Goods, Whipping, or setting in the Stocks, the Defendant or Defendants may pled the General Issue, and give the special matter in evidence to the jury at the Trial: And if it be found against the Plaintiff, or that the Plaintiff be non-suit, the Defendant or Defendants shall be allowed good Costs, to be taxed by the Court.  
Provided nevertheless, that every Offence against this Zaw, shall be complained of, and proved as abovesaid, within twenty Days after the Offence commiteed.  
And it is also enacted, that this Act shall be red in every Parish-Church, by the Minister thereof, upon the Sunday after Evening Prayer, twice in the Year.   
This Act was made 21 Jac. 1.( c. 20.) and was then continued until the End of the first Session of the next Parliament: and 3 Car. 1.( c. 4.) it with others was continued again to the End of the first Session of the then next Parliament: and again 16 Car. 1.( c. 4.) after a long Intermission of Parliaments, until some other Act of Parliament should be made touching the Continuance or Discontinuance thereof; so that, no such Act having since been made, it continues in force, as it was at first, at this day.  
The Offence to be punished by this Law is a Crime committed more immediately against the Sacred Majesty and Holiness of Almighty God; a Crime for which the Punishment here prescribed is not in the least proportionable, and therefore ought the more strictly to be exacted; a Crime whereof Men immersed in Sensuality, can hardly be made duly sensible; and therefore a certain Sign of a most depraved, inconsiderate, vain and base Mind and Spirit: Inconsiderate so to transgress the Laws of God and Man; to give Example of Disorder and Violation of all Laws to others; to contradict himself, his Profession of the Belief of a Deity, and the Christian Religion, and his Pretence to Loyalty and Regard to his Country; to expose his Reputation, and by his own Example to provoke and authorize Rudeness, and Disrespect, and Affronts to himself: and yet more inconsiderate, and Vain too, to do all this, as many do, upon so mean a Motive, as an affencted Ornament of Speech and Gallantry; and so to glory in his shane: and yet further, not only vain, but base and sordid, to do it as others do, even contrary to the Dictates of his own Conscience, in compliance with such inconsiderate and vain Persons, or through Impotence, which cannot overcome so unreasonable a Habit, or Evil Custom.  
But to set out the Heinousness of this Crime to the full, would take up more room than so short a Discourse as I design will admit. Nor is it necessary: For from what is said, if well considered, we may reasonably conclude it a pregnant Evidence, not only of the strange Depravation of the human Nature, but of its being obnoxious to the Impressions of some Apostate Spirit, that so unnatural, so unreasonable, and so wicked a Crime, should ever so far overspread a Civilized and Christian Nation, and not only the ruder and base sort, but even those who have the greatest Advantages of Education. And if the Obligations before mentioned incumbent upon all, who undertake this Office, to execute the Laws in general against all Offences punishable by their Authority; and these Instances of the Exorbitance and Heinousness of this in particular; if the Honour of God, the averting of his Judgments provoked by Connivance at such presumptuous Crimes, Commiseration to the Souls of such unhappy Persons, as are carried away with the Prevalence of such Evil Customs, and Concern for the Honour of our Laws and Government, and better State of our Country, be not sufficient to excite Magistrates to a vigorous and resolute Execution of this Act for the Suppression of such a Crime as this, there is little hope that any thing, which might be added, will ever do it.  
There are other presumptuous Violations of Religion so common and notorious, as is a shane they are permitted with so much Impunity in a Christian State. And though the Punishment thereof by our Laws, be far short of what they deserve, yet certainly are they not so much to be imputed to the Defect of our Laws, as to the Neglect of Execution; and therefore more to the Fault of the Magistrate, than of the Legislator, be his fault what it will. But I need not speak of them in particular: For they who will not be persuaded by what I have said to the faithful Discharge of their Duty for the Correction of this, will hardly be persuaded to do it in those: and they who have that Sense of their Duty as to do it in this, will not be wanting to do it in the rest. If they do but study well their Authority concerning the Good Behaviour, and act accordingly, some Good may be done.  
FINIS.   

An APPENDIX TO THE ADMONITION TO THE Magistrates.  
COncerning the Execution of the Act against profane Swearing, Printed in the Admonition, it may be necessary to add some things:  
And 1. as to privilege of the Parliament, because some Members may be as apt to transgress this Law as other Men; and some possibly may be so ill advised as to insist upon their privilege; and some Officers and others be afraid to do their Duty in such Case; it is fit to be known, 1. That Information to a Justice of Peace against a Member of Parliament for this Offence is no Breach of privilege: 2. Nor is a Warrant by a Justice of Peace to demand the Forfeiture; or a Demand of the Forfeiture by an Officer according to his Warrant, any Breach of privilege against a Member of Parliament. Thus far therefore they may safely go in this Case: And because the Complaint and Proof must be within twenty days after the Offence committed, it will be necessary that they do so: that is, that the Justice make his Warrant to demand the Forfeiture, and the Officer may demand it. But if it be not paid, he may make another Warrant to distrain when the time of privilege is out; or in the mean time, upon just occasion, sand up the Warrant with the Constables or Church-Wardens return to the Parliament.  
And this may be very fit to be done, when the Offence is committed with such aggravating Circumstances, as manifest it to be done wilfully and presumptuously. For that being a Contempt of the Laws, and by consequence of the Authority by which they are made, and which is far above all, of the Sacred Majesty of Almighty God, whose Ministers Legislators and Magistrates are, it is very fit to be well considered by the Parliament, as also by the Country and those who choose him, whether a person so inconsiderate and impious, as not only to contemn their Authority, but give up himself to a subservience to the Devil in so gross an Affront to Christianity, and to glory in it as a piece of Bravery, be fit to be permitted to sit in Parliament, or admitted to any public Employment in a Christian State?  
2. And for the better Execution of this Act, it may be of use to many to have a Precedent of a Warrant for this purpose, which I shall therefore here insert:  

To the Constable, Church-Wardens, and Overseers of the Poor of the Parish of Dale, and to every of them.  
mid ' ss.  
WHereas John of Stiles of Dale in this County, standeth convicted before me of profane Swearing and Cursing two several times within your Parish, since the five and twentieth day of June last; These are therefore in Their Majesties Names, to Charge and Command you and every of you presently upon sight hereof, to demand of the said John of Stiles, the Sum of two Shillings, for the Use of the Poor of your said Parish, according to the Form of the Statute in that Case made and provided: And if the said John of Stiles shall refuse to pay the same, that then you presently Levy the said two Shillings by Distress and Sale of his Goods, rendering unto him the Overplus, which shall remain upon Sale of his said Goods: And this shall be your sufficient Warrant.  
Given under my Hand and Seal this thirteenth day of July, in the 1st Year of the Reign of K. William and Q. Mary.   
And here it is to be noted, that if the Offendor be not of the Parish where the Offence is committed, the Officer having received a Warrant may demand the Forfeiture any where, and that done, if the Offendor hath no Goods in the same Parish to be distrained, the Justice may grant another Warrant to set him in the Stocks, or see him whipped, as the case is, when he can be met with.  
3. Although by our Laws there is no obligation upon any man to inform in such case, which is plainly a defect; yet certainly is every man obliged both by the Law of Nature, and by the Positive Laws of God, to endeavour the suppression of so horrid, impious and diabolical a 'vice, upon all occasions: and that is, as often as he shall hear this Offence committed, and have opportunity to give Information thereof to a Justice of the Peace. 1. By the Law of Nature: For having received our Being from, and having a Continual dependence upon, so excellent a Being; and having besides received such admirable Demonstrations, as we Christians, and indeed all Man-kind, have of his Clemency and Goodness to us, it is impossible we can have a greater Obligation, than we have, to be concerned for his Honour and Service. And 2. in the Sacred Scriptures we have various Indications of his Will in that respect; and that he expects it from us. And if we farther consider the several Special Obligations before-mentioned, incumbent upon this whole Nation, and by consequence, upon every person therein in their several places, and as they have opportunity, to do their part toward the Reformation of all that Wickedness, which hath so long prevailed among us, I do not see how any man who well considers all this, to hear the Sacred Name of God profaned, and the Christian Religion contemned and affronted by such desperate Wretches, and not complain to the Magistrates to have them punished. But these things I hope will be more largely pressed by the Clergy, when they red the Act, as they ought to do, twice in the Year.  
And if upon these, or any other Considerations, the Magistrates be well disposed to discharge their Duty, and others to give their assistance, by Complaints and Information, as there shall be occasion, to promote so good a Work, there are Blank Warrants, Printed with licence, for Benj. took, and sold by R. tailor, near Stationers-Hall, London.  
FINIS.