Speculum Libertatis Angliae Re restitutae: OR, THE LOOKING-GLASS OF England's Liberty REALLY RESTORED. Being the Representation of the Just and Equitable constitution of a real Commonwealth, suitable to the earnest desires and expectation of most of the good People in the three Nations, and as we hope the intendment of Supreme Authority. Published for the encouragement and reviving of the hearts and hopes of all the well-affected. Prov. 12. 20. Deceit is in the heart of them that imagine evil: but to the Counsellors of peace shall be joy. LONDON: Printed by J. B. and are to be sold by Richard Skelton at the Hand and Bible in Duck Lane, 1659. Speculum Libertatis Angliae Re restitutae: OR THE LOOKING-GLASS OF England's Liberty REALLY RESTORED, etc. Dear Country man, HERE is no Obscoenity, scurrility Sedition, or Calumny exposed to thy view, to corrupt thy sober mind, or cause the to abuse and mis-imploy thy precious time and thoughts (as is in the swarms of foolish and ridiculous Pamphlets that shamefully are permitted to fly up and down with uncliped wings, tending rather to debauch, corrupt, distract, and divide the minds of men, than any way to compose us to the reception of those sounder and soberer principles and notions, that may [by God's affiistance] reduce and happily establish us in a just and equitable crasis and constitution of a real Commonwealth, which is the sole and only aim the Author of this Looking-Glass of real Liberty proposes to himself. And that we may enjoy not only the title and name, but the very substance and thing itself we have so dearly purchased, our Parliament hath so solemnly promised, & the almost miraculous providence of their late re-investment and admittance to the full power and opportunity of effecting it all, call aloud for at their hands: For if they lose and squander away this gracious season by their slavish fears, self-interests, and their old deferments and slackness; this is the last expectation (in all probability) that either God or good men will evermore entertain of them, and they shall most certainly entail perpetual and indeleable shame and ignominy on their name and posterity; and utterly and finally expose this poor Nation (in the eye of humane reason) to irrecoverable vassalage and slavery, who will rather choose to endure the worst of evils, than to be enslaved under them, by whom they have been so often and unsufferably frustrated and deceived. But, that we are very confident (through the Lords help) should they fail us the second time, that yet God will not suffer this his own work (wherein from time to time he hath so signally appeared to go backward) but will of his mercy find out, and raise up such other instruments as shall at last be found worthy and meet in his hand, to carry it on till it be fully accomplished, and we are made in very deed as now we are only in name, a real Commonwealth. In effecting whereof, our Example or Pattern neither must nor can be the old mode of our Monarchy, new vamped and set up in an other single person; this is but to put a new piece into an old garment, whereby the rent is made worse, as we have already experimented: Nor must it be (save in some few particulars that suit with common reason and justice) the constitution of the Hollanders our neighbours, or any other, whose forms are chief adapted to their several and respective Situations, Interests, Relations, Dependencies, Religions, and manners, and in very many things composed and mixed with base allays of tyranny and injustice: But ours must be that which will really reduce us to the full possession of our ancient birthrights as freeborn Englishmen, not only that small and inconsiderable part or piece thereof, now only Extant, contained in the magna charta or great Charter (so called) that 〈◊〉 us so many seas of blood and millions of treasure to purchase and maintain which yet could never be fully enjoyed to this day, but also all that right equity and justice, both in reason and religion, that a free people, and under no force, but of their own in their representatives, chosen and elected by themselves, can think or devise to bestow upon themselves to make the constitution of their Government more just, equitable, and easy; all our interests by our being become a real Commonwealth, being swallowed up into one common interest, truly and really intending and regarding the good and benefit as of the whole, so also of every particular and individual member of the same, by one and the selfsame rule of equity, which is the only expedient (under God) to unite the hearts of all true Englishmen in one, and to induce an everlasting peace and settlement to these warwearied, distracted, and divided nations, which is the earnest prayer and endeavour of him that is thine and his Country's real friend and well-willer, R. M. An Epitome or Representation of some of the chief Maxims of the Policy, and laws absolutely requisite, and necessary to the making and constituting the Nation a real Commonwealth. THat the Governors and People of these Nations have one and the selfsame equal and common Interest, Privileges, and benefits, in the Policy and Laws by which they are governed; for if we are a Free-State or Commonwealth, every man, high, or low, rich or poor, Magistrate or Subject, hath and aught to have, one and the selfsame right protection and defence from the Law without exception. And as this is, and aught to be enacted as one branch of the great Charter, for, and in respect of the regulation of men's manners and deportments correcting, and preventing wrongs and injuries, and the preservation of particular and private interests, (for our great Charter takes especial care to maintain and secure each man in his particular and private interests) yet is not private interest, as to Meum et Tuum, that is to mine and thine, left utterly lawless, unlimited and boundless; for our Commonwealth, though it may admit of poor, yet must have no beggars, or any that want necessaries, for we have but three ranks or estates of men amongst us; viz. either those that have sufficient to supply necessity, or secondly, those that have for conveniency of a more free and comfortable livelihood; or thirdly, those that have for superfluity and abundance; the superfluity is caused to make a comfortable supply to the necessity, to prevent beggary; this, and conveniency, do defray the public expense and charges of the Commonwealth, and by this rule we lay and levy out public Rates and Taxes; those poor that can and will work, we take care to set them on work (if they want it) and pay them liberally; those that can but will not, we compel them to be willing by due correction; those that would but cannot, as aged persons, children, sick folks, and diseased, we comfortably provide for them without it in the way aforesaid, and if we are ncecessitated to raise any public tax or rate over and above those that are the constant and usual ones of the customs, and excise of Beer and Ale, etc. sold in Inns and Victualling-houses, we levy it by way of subsidy, wherein those bear the burden that are best able, and the tax in itself is most equal and contentful. As to the Legislative power, that is to say, the power of making Laws that only by the great Charter, is to be & reside in the great and general assembly of the people's representatives in Parliament, who alone have power to make new Laws, and to repeat those that are old, unnecessary, and out of use; saving, that they have no power given them, by the great Charter aforesaid, to make any new Law that may break, infringe, or destroy the constitution of our government, as a Commonwealth. For he, that once but makes a motion of that either in, or out of the house, is adjudged and executed as a Traitor. And if our representatives, shall so far forget their oath to God and the Nation, as to falsify the trust reposed in them, and that the Major part, or the whole, should vote and enact against the constitution and Character of the government, than there is a clause in the Character that declares them Traitors, and absolutely dissolved, and that the People are thereby required to endeavour as one man, to bring them to condign punishment, and to elect and choose new ones in their stead, more faithful and better principled to the freedom and common good of their Country. These repesentatives are to be chosen by the people of the Nation, in every Province or County, and at their first fittingare all sworn inviolably to maintain the great Charter of the Commonweals constitution, in the aforesaid choice and election, no man's suffrage or vote, is ecepted but only men of dessolute lives and conversations, and very suspicious, or openly dis-affected persons to the Commonwealth; for such as these may neither choose, nor be chosen, to bear any public office of trust, and profit, in this Commonwealth. This great assembly, or Parliament, is to be called trienially, that is to say once every three years, at least. As to the executive power, it is by them to be put into the hands of such persons qualified, without any of the exceptions aforesaid, as they shall think fit. And because the same Representative or Parliament, is not to fit durante vita, during their lives, there is a competent time set; viz. one year at farthest; with in which time, they are obliged by the Charter of the Commonwealth's constitution to desolve; and before such their desolation, to appoint and elect a Counsel of State out of themselves, who are to manage all affairs in the intervals, according to such Laws, Ordinances, and instructions, as shall be made and enacted by the said Parliament before its dissolution, and not otherwise under account, unto the next Representative of such their transactions and administrations, wherein if they have behaved themselves wisely, justly, and faithfully, they are honoured and thanked, if otherwise, discarded, disgraced, and punished. As soon as the new Representative sits, as aforesaid, the power of the Council of State shall cease and be determined until another be by them newly elected, and by this means our Grandees of State will know, and be made sensible, as well what it is to obey, and be subject, as to rule and govern, experimenting both conditions. This council of State , hath power and instruction upon great and necessary emergencies of State, as in case of foreign invasions, making war, and concluding peace, or, raising new impositions and taxes on the people, to call a Parliament before the trieniall course revolve and come about, for they are not entrusted to transact such important affairs on their own heads, without the advice and consent of the great assembly of Parliament, yet may they issue forth any Proclamations and orders, that they shall see fit and necessary, for the better observation, and execution of the Laws, already made and enacted for the peace and well Government of the Commonwealth. The title that we give this counsel of State is, viz. The keepers of the Liberties of the Commonwealth of England, authorized by act of Parliament: and in this manner, both ourselves and foreign States make our addresses to them, and in like manner run all our Law processes, and commissions to any Ministers of State, military or civil, in the intervals. The Commonwealth gives no honours unto any man, other than his virtue's merit, in being serviceable to the State in this, or in some honourable trust and employment for the public: Wealthy men, and of great estates, otherwise are of small reputation and account, but amongst their own Tenants and Creditors. If any entrusted in state affairs, grows rich insensibly, if he were not so before, we forthwith lay him aside, as suspected of secret deceit, falseness, and bribery. All offices of trust and profit, as they are conferred on the most able and deserving men, without respect to private relations, so are they given freely also, that the greater may their obligation be to use them without oppression of the people, and the more their shame and guilt if they abuse them. Those deserving men of smaller estates, and are preferred to places of profit; and those of greater, to places of honour and trust, but all must be alike faithful and honest, in all respects that are employed in the one or other. And as we do in civil, thus also we do in military commands, and offices, for we keep a small Army always of about ten thousand Horse and Foot, besides these in some four or five of our most considerable Ports: and garrisons, to hinder intestine insurrections, or foreign invasions and to take up all lose straggling and martial spirits, whose minds cannot settle to any civil calling or employment, who yet by discreet discipline will be kept out of harms way, and made very serviceable to the Commonwealth, for the ends aforesaid. These also serve for a guard to the great assembly of Parliament, whilst they fit, and to the Council of State, in the intervals to suppress and keep under the headiness, ininsolency, and disaffection of the the base sort of our Metropolis, if not in other respects, yet in regard of their opinions and principles to the Commonwealth's government, who by their selfe conceit, Pride and rashness, would soon unsettle our Commonwealth, and undo themselves, were it not for these, and the Tower, of which especial care must be taken, that it be in the hands of a man of great sufficiency of parts of most approved fidelity and sincerity to the Commonwealth. We have also our Militias of trained bonds, of horse and foot, raised in each County, and disciplined and trained in the exercise of arms at certain set times, at least four times in a year, commanded by able and honest Commanders, that they may be ready upon some few hour's warning, to appear in arms for the defence of their Country, and of their Laws and Liberty. Our Representatives retain the power and office of Generalissimo in their own hands, whilst they fit, and delegate it to the Keepers of the Liberties of England, in the intervals. They themselves appoint their Lieutenant General by act of Parliament, who ought to be a man, not only truly valiant, but also one really possessing the qualifications declared by the Commonwealth, viz. one truly fearing God, a lover of all the people of God, and if he have these two, he can hardly want all the rest that becomes of a Commonwealth's man, the which is absolutely required, in the person that shall command our Army. Our Laws are few, necessary, plain, and easy, (without any quirks and quiddities) to be understand by the most vulgar capacities. Our Lawyers and Administrators of Justice are as few. Our Law processes, tritalls, and determinations are as speedy unexpencible, and as little verations as may be, for we have our Law administered the deie in diem, daily, at our own doors, as it were, that is to say, in every County: the Judges and administrators constantly attendin on that business. No Lawsuit or cause after the first day of hearing (wherein there must be no delay used) must depend undetermined above one month, nor any above one year and a day, and that is only when some of the material parties or witnesses to the cause, are beyond the seas, and cannot have notice and warning, and this under a great penalty to the Judges, before whom the said cause depends. The Plaintiffs and Defendants, and their witnesses, are to speak before the Judges, viuâ voco, and to plead their own causes; for neither incriminall nor judicial causes do we allow any advocates, except the Plaintiff and Defendant, one or both be Idiots, natural Fools, or not compos mentis, that is, mad, or besides themselves. The Judge of our Courts have no Fees, but constans set salaries paid them by the State for that service, these, salaries are partly paid out of the fines and amercements set on Litigious persons, that are cast and condemned in their causes, for the Judges are to lay severe fines on them, as for disturbing the private peace of their honest neighbours, so also for troubling the Commonwealth. We allow Appeals from our County Courts, to the highest Court of our Metropolis; but he that will appeal must give good bond and security, that he shall make good his appeal, or else to forfeit the same that he is bound in, the one half to the party, for whom the cause was adjudged, in the said County Court, and the other half to Commonwealth towards the use aforesaid. We have no particular Court of Chancery, that may Monopolise the determination of all causes of equity wholly to itself, but all our Courts have power, as to Judge of the jus, and Law, so also of the equity and conscience of any cause, that depends before them. We have none Prerogative Courts, for the very name is abominable, and the thing diametrically opposite to the charter of our Commonwealth's constitution. But all maritime causes are determined, in the other Courts, under whose jurisdictions and precincts they happen and fall, who have power to determine according to reason and equity in all such cases, for the Civil law or jus gentium is no other, besides some few sea customs and usages, which are well known to every experienced Seaman, and therefore the jurors in all maritime causes ought to be of Seamen and Mariners. And as for the probate of wills, and differences about them, they also are to be decided in the usual Court, Save that the willis to be recorded by the register of each County, as all other public acts and contracts of that nature, aught to be as hereafter is expressed. And if any Judge, or any other Officer or administrator of justice, take any bribe, directly or indirectly, by himself, wife, servant, or friend, and it be proved he shall lose his place, and office, durante vita, during life, and forfeit triple, the value of the bribe, so taken to the Commonwealth, as also shall the Person that gave it him, to delay or pervert justice We have a Court on purpose erected in every County, for the Trial of all men's claims and titles to any estate and therefore Proclamation is made to all such as pretend to have any such right, title, or claims, to any inheritance, or estate as well as aforesaid; (if the said claimers live within the Land) that they bring in, and make forth their claim, in three months, next after such a Proclamation made, as aforesaid, or in one year and a day at farthest, or else they are to be for ever after, forejudged and concluded by their own voluntary and wilful neglect. Thus all titles and claims to all estates in the Nation, being cleared and the property, assertined a public register is appointed in every County, Market Town, and Town corporate, those in the Market Towns, and corporate Towns aforesaid, to be the deputies of the register of the County, with whom all men's inheritances, and all other public bargains, sales and contracts shall be from time, to time registered, and recorded, and thence transmitted unto the register General of the Metropolis, once in a quarter▪ or sooner. No man shall be imprisoned for debt (except such of whom it is doubted that they are running the Country, and then not above three days or a short space, during which time, he at whose suit he was imprisoned shall give and allow him 3s a day to maintain him there until the matter may be examined by the Judges, and if no just cause be found for his imprisonment, he at whose suit he was so imprisoned shall pay him 5 lb an hour for his false imprisonment. But if it be found just, the imprisoned is forthwith to agree with his Creditor, or to pay the debt, which if he refuse so to do, he shall make a true confession upon oath of the real value of his estate, and where, and what, and in whose hand, or custody it remaineth, and payment is to be appointed by the Magistrate; 〈◊〉 of it the, said goods and estate being sold to the best advantage, and the overplus, (if any be) to be rendered unto the said Debtor; but in case the estate and goods will not reach to the payment of the debt, and to leave the Debtor 5 lb to begin the world again, if the debt be one hundred, or so many five shillings of each pound, as the debt is under an hundred, for the Creditor, if he think fit, shall leave so much in his hands; which sum so left, shall be as an obligation to the Debtor, if ever God make him able, to pay his Creditor the whole debt due to him, but if the Creditor will take all, and leave him nothing, he shall be debarred in Lawsuits for ever from challenging the remainder of the said debt, from his said Debtor. But in case that the Creditor shall prove that the Debtor hath forsworn himself, and concealed any part of his estate, to defraud him, that then by the Law the Debtor shall be esteemed, and punished as a Cutpurse or Felon. No man shall be arrested by Sergeants or Bailiffs for debt, save only in the case aforesaid, but a summons in the nature and form of a Subpaena, is left at his dwelling house or the last and most usual place of his abode; the summons expressing the day when, the time and place where, before whom, at whose suit, of what nature, under what penalty, and if the party summoned shall not appear, as aforesaid, then shall Proclamation be made in three of the next adjacent Market Towns, to summon the party and command him to appear within a certain time limited, and if he then also fail of appearance, if he be within the Land, he shall be out Lawed, and an execution and extent shall issue against him and his goods and estate. That the Religion publicly professed and practised in this Commonwealth, shall be the true Protestant Religion, in opposition to Popery, Prelacy, and all other false Religions. That a well gifted, honest, able Preaching Ministry be set up in every Parish in the Commonwealth, to instruct the people to lead their lives in the fear of God, and in due obedience to the Common wealth. That the said Parochial Ministry, shall duly Administer the Sacraments of Baptism and the Lords Supper unto all their Parishioners, that shall make profession of their faith in God, according to the model thereof laid down in the Apostles Creed, and are not otherwise men of openly scandalous conversations, even unto as many of them as shall desire the same. That those that shall voluntarily and desiredly submit to the public form, and Administration of the Ordinances as aforesaid. And those that in respect of scruple consciences shall not, that neither of these disturb each others assemblies or practise of the ordinances, and that the magistrate command that Christian peace to be kept among them, one towards the other. That the Ministers maintenance be Tithes until they have obtained more faith to trust God, the Christian Magistrate, and the people for their maintenance in a Gospel's way▪ That for the encouragement and advancement of humane learning the Universities of this Nation be kept up and so ordered and regulated that they may be the Nurseries of good literature, and manners, and not of ignorance idleness, pride, luxury, irreligion, and other such like sordid vices, and that Latin be commonly spoken in the Schools, and Colleges, and amongst the Students and Scholars, that our Nation may not be so generally defective that way as they are found to be when they come abroad into foreign Nations to their great shame. That care be taken, that the Teachers of all public Grammar Schools, be men well principled in the Protestant Religion, and very able Grammarians, and expert Linguists at least in two of the Languages, viz. Latin and Greek. That in every Market Town or great Parish, Free-Schooles be set up to instruct and teach poor people's children of both sexes, at least to read, until they be fit to be put forth, or placed in services, both which to be at the puplick and common charges. That no Corporations exercise any laws, customs, usages, or prescriptions contrary to reason, equity, common right, and liberty of every freeborn Englishman, as is expressed in the great Charter of the Commonwealth's constitution. That any freeborn Englishman, or native, may set up and use any Mechanical Trade, Profession, or Occupation, in any City, Town, Corporate, or in any place of this Nation, without exception, whether he have been bound apprentice to it or no. That any poor Labourer or Tradesman, as aforesaid, may remove his dwelling and family into any place of these Nations, where he finds he can get most work and employment, for the comfortable subsistence of himself and family, without disturbance, or being sent back again, or enforced to give security that he shall not be chargeable to the Parish, there being due provision made for all such in the manner heretofore mentioned. We have customs for the maintenance of our Navy, paid upon all imported and exported commodities, and we do also upon necessity of increasing our Navy, above the number of our usual guard, impose a new Impost, or Excise as we call it, which is no other than the doubling the customs on some, or trebling of it upon other commodities, less useful to the Nation, and more superfluous but all is managed and collected by one and the selfsame Set of officers appointed for that purpose by means whereof, very much charge and expense is saved to the Commonwealth, and the Merchant far better contented as being enabled to carry on his business and trade with much less trouble and perplexity We have excise also upon Cider, Ale, and Beer, sold in Inns and Alehouses after the rate of three shillings the Hogshead, allowing one Hogshead in ten for grounds, and waste Beer, this excise is set, assessed, and ascertained on each Inn and Alehousekeeper by the Justices of Peace of each County annually, when they give Licences to the said Ales-houses. As also on other customed Alehouses, having taken the best information possible of the weekly draughts and expense of Beer and Ale sold and expended in every the said-houses, and the sum being thus accounted, reckoned and ascertained, the several Ale-house-keepers shall enter into bond unto the Commonwealth, to pay it quarterly, and the moneys so due and payable, to be received and collected by the Justices of the Peace in their respective devisions, and transmitted by them into the public treasury; the said Justices of the Peace, at the time of their annual setting and assertaining of the excise as aforesaid, transmitting a true and certain account of all such sum and sums of money, and from whom they are due and payable unto the Parliament or Counsel of State. We hold it our interest, if it may any ways stand with the honour and safety of the Commonwealth, and that we be not justly and unsufferably provoked to the contrary, to have peace with all Foreign Nations, as finding this most to conduce to the profit and benefit of the Commonwealth, in advancing trade. Balancing the interests and differences of our Neighbours, rather by our Christian and civil addresses, mediations, and interpositions, than by the Sword; And seeing we have room enough in the New-sound-World to swarm forth and discharge ourselves with safety of our inhabitants, when we grow Populons, think it as impolitic, so also un-Christian, to cast away our men and waste our treasure, and to impoverish and in danger our Commonwealth at home, in hopes only of enlarging our Dominions abroad. We permit no goods or Merchandise to be imported in foreign bottoms, that are not really and indeed of the growth, production and manufactory of the same Nation, unto whom the said bottom or vessel doth truly appertain, and whereof the master and the greatest part of the ships company be the real natives and inhabitants of the Country unto which the said vessel belongs, without collusion, upon the confiscation of ship and gaods. We allow no Monopoly of trades, or farming of any public revenues it being coutrary to the freedom of the people, as being always oppressive and vexatious to them, and alienating there affections from their Governors. That the fishing trade here at home on our own seas, (so greatly neglected) be again revived, advanced, and encouraged it tending much to the increasing navigation, and enriching of the Nation; witness the vast benefit the Hollander, (our industrious neighbours) yearly make of it, which might be our own if we pleased. The narrow Seas we challenge to be Masters and sovereigns of, by ancient and just prescription and though we have peace with our neighbours as aforesaid, yet we constantly maintain a competent number of stately frigates for a Summer and Winter guard, well provided and managed with stout and faithful Seamen and Commanders as to keep up our said prescription and secure our trade against Pirates, so also to be always ready to occur any invasion that we may not be surprised without warning, and unnprovided in case our Alleys should prove false and play fast and lose with us, when it will best suit with there own interest and occasion, which they are very apt to do. That the Nations of Ireland and Scotland be included and concerned in all the privileges, rights and immuniteys of the great Charter, we being all reduced into one form of a commonwealths government. That when, and assoon as it shall please God, that the present supreme authority of this Nation, shall have settled and secured it in some good and convenient measure from foreign fears, intestine insurrections, by peaceable treaties with our neighbours abroad and settling the Malitia in the hands of faithful persons at home in every County, and have disposed the reception of the public revenues, and other offices of trust into sure and trusty hands, no way tainted with the Leaven of Villinage that then some such, or much more just, reasonable, equitable and necessary rules or heads of a real Commonwealth Government may be considered and drawn up as the magna charta or great Charter, and presented to the people of every Parish, in every County, on the Lords day in the Church after the after noon Sermon, and read to them and ably and plainly for their subscriptions, allowance and free consent: whereunto it cannot be doubted but the most part of the good people of the Nation: (The thing so much concerning their own freedom, and good, when they are thus once made really to understand it) will be Universally forward and free unto it, as seeing themselves thereby put into full posof their hopes and expectations and their subscriptions as aforesaid being sent unto the supreme authority, they forthwith issue writs to summon a new Representative elected and chosen out of the subscribers, who (such only being choosers in each County as aforesaid) may by act of Parliament confirm the soresaid Charter of Government and union of the three Nations in one Commonwealth. So shall we begin to act again upon such a Basis and foundation in Religion, Law, and reason, as shall be just and undeniable and wipe of the shame of all our former unsteadfastnesse in our engagements to Gad and man. And the good and honest people in all the three Nations (through God's merciful providence) shall fully reap and enjoy the blessed fruit and benefit of all their Prayers, Tears, Vows, Sufferings, and expense of their blood and treasure. And all the misaffected in the Nations be experimentally convinced that they have opposed that through their passion, preejudice, and ignorance, which can alone make them and their posterity truly happy both as men and as Christians. The Magna Charta or great Character of the Commonwealth constitution, so agreed upon and subscribed by the major part of the good people of the Nation may be kept in every Parish Church, bound up within the end of the great Church Bible, and read unto the People by the Minister, once every Quarter on the Lord's day in the Afternoon, after the Sermon, before the blessing, upon the penalty of the loss of his living. And thus all hearts being souldred in one, we shall sit down every one under his own Vine and Figtree in tranquillity and peace, none within, or without us being able to make us afraid but we, and much more our posterities singing perpetual praises unto the Lord the God of ou settlement and deliverance. FINIS.