A Brief Collection of some Memorandums: OR, Things humbly Offered to the Consideration of the Members of the Great Convention, and of the succeeding Parliament.  
ADVERTISEMENT. This Collection was designed for the Great Convention at their first Sitting, but by a Miscarriage was delayed; however, the worthy Author thought it not altogether unseasonable to offer it to the Consideration of the Members of this present Parliament.  
(1.) TOuching the Present State of the Kingdom, into which we are brought by the most wonderful works of God lately wrought among us, The Design of this Paper permits not to enlarge. They, who please, may peruse Psal. 2.10, 11, 12. Psal. 102.15. to v. 23. Psal. 118.23. Rev. 19.1, 2, etc.  
(2.) By general consent of the late printed Papers, The two great evils lately feared, and to be obviated, are Popery and Slavery.  
(3.) What then is to be done? Quid igitur agendum? an old Athenian Question fit in this case to be decided only by the Supreme Authority:— But some Particulars (among many which wiser men may suggest) are humbly propounded to consideration. In a great Fire kindled, every one is allowed to bring his Bucket of water.  
(I.) As to Popery, and for preventing its return, may it be considered,  
(1.) Whether there should not be a Bill of Exclusion, 
Vide 13 Eliz. c. 13.  larger than the former endeavoured in Parliament, viz. to render any Papist uncapable of Reigning here? If the former Bill had passed, some think our late and present dangers, had been in a great measure prevented. They who opposed that Bill, do now see what have been the effects and consequents of it's not passing, and the extreme danger of the Kingdom has put them and others upon such a course, as seems to some, to have outdone all the so often decried proceed of 1641.— One day teaches another, and the latter goes to School to to the former.  
And as a branch of such new Bill, were it not meet to provide against the Linsey-Woolsey marriages of our Protestant Princes with Papists? The World is wide enough; Fit Protestant Matches for them may be found.  
(2.) That Papists be rendered uncapable of (at least) great Offices in the Kingdom.  
(3.) That it be made very Penal for Jesuits to come upon English ground. It may be, Castration might be a better remedy than Death. They are the known Boutefeu's of the World; And even some Popish Governments suffer them not.  
(4.) That Great endeavours be used for instructing the People in the principles of Christian Religion, and arming them by sound Doctrine, and especially by sincere Conversion to God, against the errors of Popery.  
(5.) That to this end, a Godly Ministry be sought and encouraged. 'Tis a miserable defect in the Ministry of a Nation, where any evidence of Regeneration is not so much, as desired in the Ministers; nor made any qualification of the Persons admitted. If with out Regeneration no man enters into the Kingdom of God, i. e. becomes a true Christian (which seems a considerable part of the meaning of those words of our Saviour to Nicodemus,) then surely, this should be desired in all Candidates to the Ministry: Whereas (according to ordinary practices) a very small portion of saecular learning procures Admission by Ordination; And we have too many Ministers, who are not Christians in Christ's sense; Yea, who do not so much, as pretend to any internal Regeneration but are far from the Kingdom of God, immersed in Vice, haters of persons and things which are good. This intends no reflection upon the worthy and good Ministers of the Church of England.  
(6.) Many good men wish, with the principal Bishops in the beginning of Queen Elizabeth's Reign (such as Jewel, Sands, Horn, Cox, Grindal and (before them) Hooper) That the Popish Vestments, with all the other remnants of Popery, might be thrown out of the Churches, and out of the minds of the People; See Dr. Burnet's Letters; First Letter pa. 42, 43, 44.  
(7.) There is nothing which has a more Natural and Moral tendency to both the evils lately complained of, (i.e. Popery and Slavery,) than the abounding of wickedness in the Land. It may be questioned, whether the Nation was more vicious in the ancient times of Paganism or Popery, than it hath been of late under Protestancy (though this is the Doctrine of God our Saviour)— Vice and sensuality prepare men to hate and desert the Gospel, (which condemns them in all those wicked practices, that they resolve to persist in) and to embrace Popery, which offers them so many Wise Medicines, and reliefs against sin and its guilt, without troubling them with the harder takes of Faith, Repentance and Reformation of Life. And it's not much to be doubted, but it has been a piece of Modern Policy to prepare the Kingdom both for Popery and Slavery by an industrious promoting of Vice and Immorality. That it hath lately fallen out, that the whole Nation (good and bad) as one Man hath been so unanimous and zealous for Protestant Religion in opposition to Popery, doth not evince, that Vice prepares not for Popery; but is to be considered as a Stupendious and Extraordinary working of the Divine Providence, such as 'tis hard to parallel out of History:— And besides, this may make even the worst of men stand up for Protestant Religion against Popery, viz. because Popery threatens the loss of Church-Lands, and other emoluments, and is a more costly Religion than Protestancy, Priestly Absolution, admission to the Sacrament, Burial in sure and certain hope, etc. are to be had among some Protestants upon cheaper terms, than the undergoing of imposed Penances and Freedom from an imaginary Purgatory, among the Papists. Popish Pardons must be well paid for; and when purchased, what are they worth?  
And then secondly; How does Vice debase men's spirits, and render a Nation tanquam ad servitutem natam? Few generous Thoughts tending to their Country's freedom and good, lodge in sensual breasts, or arise out of the fumes of a constant Intemperance. The wise and good Patriots are virtuous, and read somewhat else besides Plays, Romances, or an Observator. And as Debauchery naturally disposes to Slavery; so also morally: For, when men give up themselves to be slaves to their Lusts, God (if they repent not) will make them slaves to Rulers.  
'Tis a Grave Observation of Dr. Burnet concerning the City of Strasburgh, 
See his 4th Let. p. 222.  That before they lost their Liberty, and fell under the French Yoke, Corruption in Morals had overspread the whole City; together with a popular Pride, and Selfconfidence. To say, We are a most vicious and sinful People, is not, nor is intended to reproach our Nation. It's too manifest to be denied; we declare our sin, as Sodom. Vice hath, from an Impure Fountain, overspread the whole Nation.  
(1.) I have known one of the condition but of a Day-Labourer, who with impunity and impudence owned himself to keep a Miss in his Cottage, in compliance with Great Examples.  
(2.) Such Hellish Swearing, Cursing and Blasphemy scarce ever filled the Air of any Climate, as here. The Devils believe & tremble, and have such presages of the great day of Judgement, that they deprecate their being Tormented before the time; so far are they from imprecating their own damnation.  
(3.) Drinking Healths hath filled all places with vomit, and sometimes with Bloodshed, and slaughter, the effect of Drunken Quarrels. I enlarge no farther, as were easy to do; and nothing could excuse for saying so much of this in an intended Breviate, but that certainly, there is nothing so Necessary to the Nations welfare, as Repentance and Reformation; see, if you please, Luke 13.3, 5. and Jer. 18. verse 6, 7, 8, 9, 10. etc.  
For remedy against the Debauchery, (which has been apparently increasing almost these Thirty years) the things next mentioned are hearty and humbly wished.  
(1.) That there may be appointed solemn humiliation, Fasting and Prayer throughout the Kingdom. And what if the Ministers (such as are able) might in so extraordinary a case and duty, be allowed the use of their own gifts, without being limited by some new Collects?  
(2.) That the Court may be exemplary for Sobriety and Virtue. If Whoring, Healthing, Swearing and Cursing etc. be discountenanced there, it will be a signal and public Blessing, Regis ad exemplum totus, etc. And so, if the Nobility and Gentry would follow the good example of a temperate and virtuous Prince, how happy might we be!  
(3.) Good Justices of the Peace, and inferior Magistrates of all sorts. What Heart can a Drunken, Swearing, or Whoring Justice have to punish; or with what face can he punish those Vices in others?  
(4.) Good Ministers; of which somewhat before.  
(5.) Good Laws made and executed against the Vices of the times, without such little Penaltys annexed, as rather encourage to them, than deter from them.  
(6.) Some Law for ejecting Justices of Peace, and inferior Magistrates for common Swearing, Drunkenness, Whoring and other gross Debaucheries (if commonly practised) upon conviction by a Jury.  
(7) Some like remedy for scandalous Ministers.  
(8.) Some wish for a Law against lend, profane, and lascivious Plays.  
If any of these seem to any to be points of too high a Reformation for the present season & in faece Romuli, to him, who humbly Offers them to consideration, it shall be sufficient to have willed and wished them: And they must be waited for, until we come nearer to the time of the new Jerusalem; for it's hoped that by that time, or before it, The Kingdoms of this World will become the Kingdoms of our Lord and of his Christ, etc.  
(8.) Laws against Protestant Dissenters as such, and the severe Execution of them (as some think) have been and ever will be of an apparent tendency both to Popery and Slavery, and to every thing else that's naught. Papists (as since appears) industriously promoted some of them. The Design of this Paper allows not long discourse about Liberty of Conscience. Books have been written Pro and Con. Christ's Doctrine abhors Persecution for Religion; and Persecution of Protestants by Protestants for Nonconformity to things, which the one part confesses in their own nature indifferent, & the other believes and avows (judging only for themselves, without censuring others) to be uninstituted and sinful, is most unnatural, as well as Vnprotestantly. A Dog (they say) will not eat of a Dog.— Laws intended against Papists have been interpreted and executed against Protestants, together with other Laws expressly made against Dissenting Protestants. Peaceable and Religious meetings beyond all express Laws, and, to eek them out as not sufficiently severe, have been arbitrarily punished as Riots. Do these things please God, because they please wicked, or superstitious men?— Scarce any Law (as some think) has made a more direct invasion upon Magna Charta, than those against Conventicles; as in other respects, so in the way appointed for conviction by any one Justice without a Jury. And who knows but Himself or his Wife may be a Dissenter before they die; and his Children be such after him?— The Liberties, Estates, Trades, Dwellings, Country, yea Lives of good and peaceable Subjects are by one or other of these Laws exposed to loss for worshipping God in the best manner they can, because of some inconformity to the common mode. Tantum Religio potuit! etc.  
A worthy House of Commons in Parliament (I think two of them) in the latter end of the Reign of King Charles the Second, after the Discovery of the Popish Plot, Voted against the Execution of the Penal Laws against Protestant Dissenters: But (alas!) they were Abhorred for it (one of the most disingenuous actions of a people towards their own Representatives, and such wise Senators, that have been seen.  
My Lords the Bishops have (as is reported) not only by former, but later promises put their Fellow-Protestants, the Dissenters, in Hope of a due Liberty, which must be full and without any ensnaring Condition, or else it will not be accounted due. For although the Dissenters thankfully receive Liberty to worship God according to their Light, as an Alms from the Government; yet they suppose it, in its full Latitude, their Due by Christ's Law.  
And they Hope, that this Great and Wise Prince, whose Heart God has touched with such a Zeal for the Protestant Religion, will be (under God) a great Instrument of breaking every Yoke, and letting the Oppressed go free, and thereby unite all Protestants to a cheerful and unanimous Defence of their Country, and Opposition to Popery; That no Protestant Dissenter may say;— Wherefore were the former days better than these?— And (alas!) that Papists should deal better with us, than Fellow Protestants; like the old Lamentation,— Heu, quod praestet infidelitas quod non praestitit fides!— If Popery give Liberty to Protestants, is not Popery, in this, become Protestantism? and if Protestants persecute Fellow-Protestants, is not Protestantism, in this, become Popery? I allude to Rom. 2.25, 26, 27.  
Now, in this matter, there is a twofold Wish, and Petition.  
(1.) To the Great Convention, which although it consists of the same Lords which usually constitute the House of Peers in Parliament, and of the same Commons for number and manner of Election, which usually constitute the House of Commons in Parliament: Yet being the Representative of the whole Kingdom gathered together in an extraordinary case and manner, and for extraordinary ends, it seemeth to be something greater, and of greater power, than a Parliament.— If the whole Nation, thus assembled, shall deliberate about and settle a New Government (as if they were to begin the World again) this seemeth to be a Transcendent, Extraordinary and Original power, beyond what they could exert, as a Parliament. And they who can do this, what can they not do? cui licet quod majus est, ei id quod minus est non debet non licere. And though this great Convention may think fit to leave the repealing or altering of particular Statutes to the ordinary legislative power, when settled; Yet, may it not be judged meet by this Convention in their erecting a new building to lay such foundations, (while the sense of their danger and deliverance is upon them) as may prevent the return of the evils complained of, and prevent them more effectually (if God be with us) than an act of Parliament can do?— And the humble petition is, That it may please this great Assembly not to leave the Protestant Dissenters bound (as Felix did Paul,) but to make Liberty in matters of Religion for them (I meddle not with others, though I with all men well) I say, Liberty for Protestant Dissenters;) a Stone in the Foundation of the New Building, than which (as the petitioner believeth) never will any man find a Squarer, Fitter, Stronger, better to lay in the Foundation of a Government. And if this great Convention shall be pleased to do this (which it may be harder to get done in another time and way) 'tis already manifest by the Prince's Declaration and otherwise, that to His Highness, it would be very acceptable.  
And why should not His Government (if that shall be agreed on) be hereby Endeared to all the Protestants? And does not the Condition and Safety of the Nation require an Union of Protestants? (not by the harsh and impossible way of an Enforced Uniformity, but by a Gracious Liberty.)— Can it be reasonably supposed, that Dissenting Protestants will be able cheerfully to Engage in their Trades (by which the Riches of King and Kingdom are increased) while they are liable every day to undoing Penalties Worshipping of God?— And will it be a fair Encouragement for them to venture their Lives in the High places of the Field (it may be, in a Foreign Nation) to remember, that, if they escape Death, and return Home, the next place they shall lodge in may be a Gaol for Life upon a Capias Excommunicatum, and that their Estates may be pulled to pieces upon the Statute of twenty pound a month, for not coming to Church, or some other Penal Laws?  
And the Petitioner adds his fear, that if care be taken only for our Civil Liberties, and no pity showed to them, who have been so long oppressed in their Spiritual or Religious Liberties, God's controversy will not yet be at an end with us: And shall we provoke the Lord to jealousy? Are we stronger than he? His late works show we are not.  
(2.) To the ensuing Parliament, The humble Petition is, That the Government would be pleased to Repeal all the Penal Laws, in so far, as concerns Protestant Dissenters, and that none of them may hereafter suffer for not coming to Church, or other Nonconformity; or for Worshipping God in their own Meetings, according to their own best light and understanding of God's Word: particularly, that the Laws against Conventicles, the Five-mile Act, the Statute of the 35th of Queen Elizabeth, (a Repeal of which last once already passed both Houses) with other the like, may be Repealed.  
II. Thus far as to Popery: somewhat more is added as to Slavery, and the means of preventing it.  
Upon the Restauration of King Charles the Second, there seems to have been a Bending of the Stick to the other Extreme, and that (He coming in, without Terms) the Prerogative gained much upon the Liberties of the People, and has been upon the gaining hand ever since.  
Here is a Gracious and Magnanimous Prince, no Friend to Arbitrary & Despotic Government: Were it not good to procure the repeal of some late Laws which trench upon the Rights of the Subject, and the passing of some Laws for their preservation?  
I. One of the chief Fences against Arbitrary Government is the frequent assembling of free Parliaments. There are Laws in force for this. Two Statutes appoint a Parliament every Year; v. 4 Ed. 3.14. and 36 Ed. 3.10. There was also a Law for a Triennial Parliament made in the time of King Charles the first, which was repealed (if indeed it be repealed, for the matter is doubtful) and another act for a Triennial Parliament (which some esteemed a New Nothing) passed in its room.  
(1.) Were it not good, that for the next Reign there be a Parliament once in a Year; and afterwards the old Act for a Triennial Parliament, being revived, to take place, and be observed. Frequent Parliaments would make Ministers of State, and Judges (if any of them should attempt to wind up the Government to a Tyranny) afraid of a Day of Account in this World, though of that in the next, they should be secure.  
(2.) And, were it not good, that this expensive and vile way of compassing a Seat in the House of Commons in Parliament, by Hiring the Votes of the Country, and making people drunk, should be laid aside? And that whosoever shall in a County spend above—, or in a City, Burrough or Cinqueport above— to procure or reward Suffrages, should be disabled to Sat, and the matter being well proved before a Committee for Elections, the Election should be void?  
(3.) We have had an Instance of purchasing the Liberties and Money of the Nation by Pensions paid to Members in a Parliament, which Posterity will know by a Name taken from that practice: Is it not fit, that the like be prevented, for the future by the Highest Penalties upon the Givers and Receivers of such Pensions?  
(4.) Were it not good to appoint Penalties upon Sheriffs and other Officers, who shall make false and undue Returns of Members of the House of Commons in Parliament, higher than any Law hath yet appointed, and more proportionable to so grand and pernicious an Offence; with a way for the more easy Levying of such Penalties?  
(5.) And, if the Privilege of Parliament hath suffered any diminution in the Case of Fitz-Harris, or of them, who had and pleaded Pardons to defeat impeachments made in Parliament by the Commons of England for High Treason, Provision may be made, that such things may not for the future be drawn into Example.  
(6.) Whether something should not be done (if it shall be found needful) to reconcile the King's Negative Voice to Bills in Parliament with his Coronation-Oath, whereby he swears to consent to, or confirm Laws, quas Vulgus Elegerit?  
(7.) What if Power were given by Law to the Speaker, or any Committee of the House of Commons to administer an Oath in matters concerning the Privileges of their own House?  
II. Since the Restauration, there hath been such a Determination of the Question, which was disputed between King Charles the First, and the first Long-Parliament, touching the Militia, as, in effect makes the Government in proximâ potententiâ, at least of becoming Arbitrary (as some think) With respect to that, may it be considered,  
(1.) Whether it be not meet by Law to Limit the number of the King's Guards?  
(2.) To provide against a Standing Army within the Kingdom by Indispensable Laws, making it High Treason for any Commanders, Officers or Soldiers (besides the King's allowed Guards) to enter into such a Standing Army within the Kingdom without Consent of Parliament; And that no Army be raised, or continued without Act of Parliament.  
(3.) To put the County Militia's into such hands and such a frequent exercise, as may make them (with God's blessing) the ordinary and sufficient guard of the Nation; And, while the present condition of the Kingdom requires the continuance of Standing Forces to repel a 〈◊〉 Invasion, that they be continued with the greatest caution against its making a Praecedent, and being drawn into future practice; and with such Discipline as may prevent their oppressing and corrupting the People, as the late Army did.  
III. In regard divers evils were judged to have arisen from the delivering of Petitions in Anno 〈◊〉 etc. by great multitudes, another extreme seems to have been incurred, whereby a just and reasonable Liberty of the Subject is abridged, if not taken away, by a Statute since the Restauration against Petitioning: And yet when it served to promote a design, how were tumultuary Addresses and Abhorrences encouraged, to the running down of Parliaments, by whom the mind of the Kingdom should have been made known?  
In this case, were it not good to review the Statute of King Charles the Second against Petitioning, and settle that matter according to right?  
iv It was foretold by a late great Judge (the ornament of his Profession, of his Age and of his Nation) that Slavery would be introduced by Westminster-Hall. In this case may it be considered,  
(1.) Whether it be not fit, that some public Justice be done upon the betrayers of the Kingdoms Liberties (as of old, on Hubert de Burgh, Tresilian, Belknap &c. more lately, on the Judges who gave their opinions for Ship-money?) Impunity gives a Licence to offend.  
(2.) That such persons only be hereafter made Judges, or other Dignitarys in the Law, as are duly qualified with Knowledge in the Laws, Wisdom, Justice, Courage, and (if it be possible) with the Fear of God; That there may not be cause to revive the late waggish representation of twelve Puppets in the Robes of Judges, speaking out whatsoever the manager behind the Curtain made them speak.  
(3.) That such Judges may hold their Places, quamdiu se bene gesserint, as heretofore and not durante beneplacito only.  
V Calling in the Charters by the known Methods of Quo Warrantoes, Solicitations and Threats is generally acknowledged to have been a mean of bringing the Kingdom into a very ill condition. It were easy to dilate upon the mischiefs.— Upon this, two wishes are humbly propounded.  
(1.) That the Charters (the foundations of many Generations) that of London especially, may all of them of be restored to their full Vigour by an Act of Parliament; with provision against the like Invasion in time to come.  
(2.) That they, in whose Heads this evil Counsel and Device first grew, if living, may make Atonement to the Kingdom for this, by better Counsels and Services for the future.  
VI The dispensing Power, as used, is accounted so terrible an Engine, and so lately Felt, and Feared; That the Limiting and Settling of that, according to reason, will certainly not be forgotten. They who by their Judgements and Arguments made it pass in an Extraordinary Extent for Legal Prerogative, do not deserve well either of King or Kingdom.  
VII. The Examination of the Great point, concerning the Prince of Wales, (while things are fresh and in memory) seems to desire a Parliament. That the truth of the matter may be found out and made apparent, to the Satisfaction of the present and of the future Age. And, if there have been any Leagues with France against Protestant Religion, were it not good to have them made manifest?  
A few more Wishes shall put an End to these Memrandums.  
(1.) That, if, in this Convention, the Nation meets in its highest Capacity and Original Power; (i.e.) Whereby they are able to choose to themselves a Government;) They would do all the Good they can, and not leave all to an uncertain Success in future Parliaments. If this Convention can do any thing, cannot it make Laws truly Fundamental, and which shall have the same Firmitude and continuance as the Government it sets up? And, may Liberty for Protestant-Dissenters, as before, be one of those Fundamentals! Amen.  
(2.) May the Deaths of the Late Earl of Essex, and of others, whom public Fame reports to have been Murdered, be Enquired of, and the Guilty of such transcendent Offences, it any, be brought to punishment, to the Glory of God, and the Freedom or the Kingdom from such Bloodguiltiness.— Alas! the Nation contracts the guilt of too much Blood, almost at every Assizes, in one place or other; it being ordinary for Voluntary Homicide, contrary to God's Law, to go unpunished; especially where the Offenders are Persons of Quality or Estates, or are Soldiers. And this Impunity is caused much by an ill Distinction between Murder and Voluntary Manslaughter; And, sometimes by a Bribed Clerks drawing the Indictment not Hanging fashion (as one of them used to say:) As for Murder, when it ought to be upon the Statute of King James the First against Stabbing, etc. the other having no Weapon drawn; And too often by Pardons procured by some Courtier or Man of Interest, to the Drawing (as some fear) of Gild upon the Throne.  
(3.) May the Subject not be overcharged with Oaths and Declarations; The use whereof has been little, but to Entangle the Conscientious. When it was required, that we should declare it utterly unlawful on any pretence whatsoever to take Arms against any Commissioned by the King, some very Loyal Subjects, who scrupled it, presaged, that it was possible Irish Papists, and such like might be Commissioned; and that in such Case, this Declaration might be a Renunciation of a Law of Nature, which Allows and Requires self-preservation. And how are men enforced now to distinguish upon the Word (Commission, or Commissioned?) I heard, a Grave man say, that he had made it his Observation, (and produced divers Instances to confirm it) That scarce any thing was ever publicly sworn against by a Nation, but it afterwards came in.  
(4.) May the Late Lord russel's Posterity (and the Earl of Essex's if needs be) be restored in Blood and Honour by Act of Parliament!  
(5.) May Dr. Oates, Mr. Joh●son, etc. Be remembered.  
(6.) And, Lastly, That all these things being honestly and innocently intended, none of them may be Offensive, or ill taken.  
FINIS.   

LONDON, Printed in the Year 1689.