CERTAIN QVERIES, OR Considerations presented to the view of all that desire Reformation of Grievances. Comprised in these Heads following. 1. A new Representative. 2. Concerning Adultery and Whoredom, Cursing, Swearing, Blasphemy, &c. 3. Reforming the Custom Houses, and Excise Offices. 4. About old Holy dayes. 5. Regulating Doctors and chirurgeons, and Lawyers boundless Fees. 6. The putting down tithes, and to have a constant, equal maintenance for the Ministry, and Schools otherways. 7. About Reforming the City of London. 8. Concerning monopolising Post Letters, and other things. 9. Concerning Copy hold Land. 10. Concerning Law Suits, and Lawyers. 11. The putting down all Fairs. 12. About the Calling of the Jews. 13. Concerning Murtherers and Felons, and such like capitol offenders. By D. T. A well-wisher to public Reformation. 1 CHRON. 28.9. The Lord will be with you, while you are with him; but if you forsake him, he will cast you off for ever. MICAH 6.8. He hath shewed thee, O man, what is good, and what doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God? ECCLES. 5.4, 5. It is better not to vow, then after the vow to inquire. LONDON, Printed for Giles Calvert, and are to be sold at the Sign of the Black. spread-Eagle at the West end of Pauls, 1651. To his Excellency Oliver cronwell, Lord general over all the Forces under the Parliament of the Commonwealth of ENGLAND. Right honourable, WHen I take into consideration the great engagements which lies upon myself, and all that sought God in the day of our straights and fears, to wit, that if he would deliver us, we would perform our vows, which was to glorify his name; and that we would each one of us move in our sphere and places to help forward the building of that great work of reformation; now it hath pleased God in some good measure to remove out of the way much of that rubbish which before hindered; and now the builders have more sauciness and freedom to work then formerly; all that yet hath been done, though very much, hath been but as it were, Nehemiah like, to build with the trewel in the one hand, and the sword in the other, and through hast it may be there will be cause seen to pull some things down again, and mend other things; and seeing God hath so engaged us to help forward this work, some as master builders, others as inferior workmen, others as labourers to bring materials to these builders; of this sort onely I would be found: And therefore seeing God hath been pleased to use your honor so signally hitherto in this great service, I am now bold to offer this my mite towards that part of the work which remains; not to instruct or teach, but rather to mind of that is well known before, both to you and those that build with you in Parliament and Army; I know my Lord, you take yourself to be engaged to pay Vows to God, and I know by your many Letters which have come from you, that you and the Army have in the dayes of seeking God made many; you know itis better not to vow, then after the vow to inquire; therefore my Lord, up and be doing, and the Lord will be with you; and wear not many of them to endeavour to free this Land from bonds, and make it a free Nation, and to endeavour the Reformation of it, and to procure the real good of all people, so far as it is good for them; but all that may be accounted good by all, is not indeed good for them; some account that a privilege which might be hurtful to themselves and others, as in case of universal choice by all people of a new Representative, &c. when a body is distempered it must not have all it calls for, that were the way to destroy itself: I intend nothing but what may be for real good to all, and that I would have all have, both for this life and a better. My Lord, I have heard you so free of late to myself and others since Worcester Fight, how your heart was bent for the public good, and I know your Genius runs full and fast that way; and having so often asked help that way, by all whose hearts are upright towards God and the good of men; my Lord, this consideration emboldens me to offer this poor mite to your Lordships serious consideration, which is the ensuing Queries, or considerations for the public good, and reformation of several things therein contained, that the Land may be reformed, and God delight to dwell amongst us, when such Laws shall be enacted which are for the punishing of evil doers and the praise of those that do well; Then shall Magistracy, which is a blessed Ordinance of God, when they seek not themselves but the peoples good, be honoured by the good, and feared by others; and if this Parliament, for whom we have so much cause to bless God, do further acts of Reformation before they give way to another, our posterities shall bless God for them; but when I consider the long, tedious, illaborate, unwearied pains these have had, to struggle with all difficulties for our good; methinks we should not in modesty tie them much longer to sit, save onely to settle some great things in hand, and then take their ease, and let a new be chosen to sit to finish the rest of the work, for itis very great, and much yet behind. My Lord, I beseech you take these poor broken endeavours into your patronage; and accept it, or any part of it that likes, and the rest lay aside, knowing you can understand my mind in stamerings; and if any thing be worth pursuit, to mind that; but I submit all to you, begging God to give you, with the whole reformers now in power with you, a spirit of wisdom and discerning, to know the mind of God towards this poor Nation, and the Saints therein, and to pursue the fulfilling that will and mind of his; which is the desire and prayers of the weakest and unworthiest of all that intermedles in such weighty affairs. November the 18o. 1651. D. T. Certain Queries or considerations about reforming of divers grievances in these times of Reformation. First Head. WHether it be not requisite to have a new Representative, and if so then which may be conceived the safest way to have it chosen in this juncture of time? Whether by Counties, Shires, Cities, Towns, and Corporations, as formerly; and if so, whether its likely or possible that any good choice at this time can so be made? and whether such a representative thus chosen will not be likely to undo most of that which hath been already done by this Parliament, by so much great and illaborate pains and care; and with the expense of so much treasure and blood for ten years or more past? For its unlikely, nay impossible, that Multitudes should make any good choice at this time; considering that most mens spirits stand still opposite to a real and sound reformation; Therefore it is to be considered how the choosers, and chosen ought to be qualified; for itis conceived that most men have lost that privilege of being choosers, having in one kind or other been helpers of the common Enemy, and opposers of Reformation, or Non-ingagers to present Power and Providences. And then whether some better way may not be found out, whether those persons which have been constant friends to this Parliament, and never forsook them, but have laboured with them at all times; Whether these men that never lost their privilege of choosing, have not most right to it? Nay, if it be not safest to put the choice into such hands? and is not this the Party commonly called Congregational Churches, such as Mr. Sidrack Simpson, and Mr. John Simpson, Mr. Thomas Goodwin, Mr. John Goodwin, Mr. Feak, Mr. Jacy, and Mr. Kiffin, &c. are Officers in? Not that these people should onely choose Representors, or Parliament men amongst themselves for all places; But that they should be enjoined to take in to their Assistance to join with them in that choice, all that can be found out in that place or division where such choice is to be made, that are honest, well-affected men to this present Power, and to real Reformation, though not in such Church ways; for it cannot be thought possible to find or distinguish any society of men in the Land by any restriction whatsoever, but such societies before name; for it is conceived to be far from the thoughts of such societies upon any other terms to think upon, much less to desire any such privilege; which will prove rather a great work and burden, then privilege, for this is onely proposed through an apprehension of the unsafeness of any other ways of election; for what restrictions can be given, that men, even very guilty in public acting, do not make shifts to evade, as many instances might be given in elections of lower Natures in London and elsewhere, by late experience: and no doubt all the honest hearted toward the republic will rejoice, if the Parliament in their wisdom do find out a safe way, whoever be excluded, so the work go on well; For that is not conceived proper, but that every such place where such persons are to be chosen, may be chosen by the next such Church or Churches, as above, to that place; and if any such persons can be found in that place qualified fit for that employment, then to choose there; if not, then such as live as near it as may be, such as may know the customs and constitutions of those people and places. And itis verily believed, that seeing all other societies of men in the Land, have lost their privileges; if it be one belonging to them at any time; and seeing God hath so signally appeared against their actings, and for the other people of Churches, whether all Parties would not be content to refer this choice to them, and be wellpleased? specially if they find afterwards such a representative should be choose, which will carry on works of righteousness, and justice, ease the people of taxes, pay public debts, and set up the power of godliness, and such like. And is it not reason that the people should now ease this Parliament, that have so unweariedly served them, and wrestled with so many difficulties and dangers, to the impairing of their healths, and many spent their lives for us? so now we may give them rest, seeing that God by them hath brought us so near our rest from common Enemies, & now choose others to take up this burden from their shoulders, and carry it another time? And then to take into consideration how long each representative ought ordinarily to sit before a new one be called? and whether its proper and convenient that Parliament men should have such other offices of such large employments, as to take them off the work in Parliament? and whether such large salaries ought to be given, as in the Custom House, Excise Office, and selling public Lands, and the Post houses in London that would yield many thousands by the year for the relief of the poor, and Letters carried much cheaper, and yet go to a public good use, whereas now itis in the hands of one that wants it not, that exacts great prices, to the hindrance of Trade, whereas the City of London hath offered, and would be glad of it for their poor that are so numerous and miserable; were these and such like reformed, there need not be so much Excise, and such taxes upon the people as there is; And whether Lawyers ought to be Parliament men, till the Law be reformed, or if they do, whether such ought to pled causes in any Courts of Justice, or sit Judges in those Courts so long as Parliament men, but rather to tend upon their work in Parliament. And whether it be not necessary to make alterations in divers places of the number of Parliament men, places being much altered since the first divisions, and to add more to London and some other places that are much increased, and to detract from others, as cornwall, and many inconsiderable Towns and places in the Land. Second Head. Whether those Acts against Adultery, Whoredom, Drunkenness, Swearing, Cursing, Blasphemy, &c. be ever likely to reform those detestable wickednesses; except they be strengthened with more enlargements. As first, for Adultery, whether it be possible to find out that sin by that Act, except by the Parties own confession against themselves, which is not likely any will do, to the taking away of their own Lives. And therefore whether it would not be agreeable to right reason, grounded upon Scripture, that if persons do such actions as may plainly be judged is equivolent to that sin? Whether it may not be called that sin, and so be proceeded against as guilty of that sin? As for example, for a man and woman, both or one of them married, and shall be found naked in bed together, or in a room together naked, as hath been reported of those called Ranters, and such like profane persons; whether this may not righteously be called Adultery, and judged accordingly, else itis impossible to find out that sin, and therefore that Act else is of little or no force; and the like may be said of whoredom and such like uncleannesses; and certainly if such remedies were provided, the Land would be soon in great measure cleansed of such like abominable practices, whereby now God is provoked, and the Land defiled. So for Swearing, Cursing, Drunkenness, Blasphemy, and the like. Do those Acts against them enable men to reform them? Or are they reformed one jot? Surely not, and therefore better remedies are to be provided, as when such wickednesses are committed in the streets daily, and never was those sins of Drunkenness, Cursing, Swearing, Blaspheming the name of the great God more frequent then in these dayes; and is not the reason plainly thus, if men have a mind to reform it, they cannot: For these reasons following. First, a warrant must be gotten from a Justice of the Peace, which is very hard oftentimes to procure. For Justices of the Peace are so few in number, and live so far asunder, that it takes much time and labour to go to them, and oftentimes they are not at home, or at leisure, and then it is a hard thing to know such offenders names to put into the warrant, for which the clerk must have a fee of 12. d. and after the warrant with so much difficulty obtained, it may be itis as hard to get a Constable to serve it, partly because they either are not at home, or loathe to carry them so far as to a Justice, being so far off them; or else it may be guilty of the same faults themselves, as too many, both of them and Justices also are oftimes, and so they have no mind to punish that in others, they use themselves, and then for the most part the offender is gone, and not to be found before all this can be effected, which discourageth those that would reform, seeing the hardness of it. Remedies against these premised. If power might be given to any person hearing such Oaths and Cursing as aforesaid, and seeing a Drunkard, presently to lay hand upon them, and require aid of any next hand to help and assist him or them, and so to have them to the next Constable, or Justice, without any warrant, and that Constable might have power given him in that behalf, to execute the Law in as full a manner upon such Offenders, being fully proved by two witnesses, as a Justice of peace now hath, or that there may be a Justice, or Commissioners appointed in each precinct or Parish, or Commissioners according to the greatness or smallness of those divisions, and they might have power to administer an Oath to such witnesses, and by this means in a short time the Land may be purged from such detestable abominations; and if any such officers shall refuse to do their duty, they may be punishable by a superior power, and so the remedy being so near at hand, itis likely Reformation may follow. Third Head. Concerning Custom houses, and Excise Offices; Whether such vast and large salaries ought to be given in such necessitous times as these are, to the Commissioners that for the most part are men that have little need of it, and when others as well able for the work, and as well deserving, would be willing to serve the State for some 200. or 300. li. per annum, as well as some of these for 10. or 1200. li. per annum, or more, and now these men or some of them rule with Rigor, and much oppression, as is much and generally complained of them, to the great dishearting of Merchants, yea oftimes for such trifles as was never known by any in those places of customs formerly, which rents much to the dishonour of the State, whom is pretended do require it of them. And whether there ought not to be a reformation of such so frequent exacting of Oaths in the whole Land, and so in Customhouses and Excise places, whereby men are ensnared, and too often forced to swear against, or to the accusing of themselves, a thing so unnatural, and so much complained of formerly, and they that refuse so to swear shall be accounted as guilty, and proceeded against accordingly; whereas in other Courts no proceeding against any person but by evidence; and hereby seamen do often swear, when they that administer such Oaths, cannot but fear that they swear against their own Consciences, and so whether the number of Oaths in such Offices, and in companies, when men are made free, and take Offices of Wardens and the like upon them, and so in colleges at Universities, and all such like places, specially when exacted by the old Popish unwarranted Custom of laying the hand upon a book, or upon one of the Evangelists, and kissing the book, or why not rather by lifting up the hand according to Scripture example, as it was by the Parliament and others in the late Covenant taking; and the rather, because some men have lost their causes, because their witnesses could not be permitted to swear, except by this ceremony of kissing the book, and so was forced to stand down, and could be no witness, and so the cause was lost by that means as was adjudged; therefore if any shall swear by lifting up the hand, and yet swore falsely, he may be proceeded against as a perjured person, as well as the other way. Fourth Head. Whether it be not high time to reform the keeping shut up the custom and Excise Houses, and Schools for Children, and other. Offices in Westminster Hall, and other Courts of Justice there, and elsewhere, upon every old Popish holy day, to the keeping in memory such vanities in the minds of youth and children, which else would be butted, and the name of Ashterouth not once name amongst us, which these customs still hold up; therefore should be put out of the next years almanacs, which tend to the keeping in memory such Popish times, which tend to proneness and superstition, and so these times by this means shall be handed over to the next Generation; which is so contrary to our Covenanted reformation according to the Scriptures, and best reformed Churches, as New England, and many other places, nay even in Scotland also, which is a shane to England to be so far behind them in such a gross custom: Nay, whether it be not now high time to lay down the observing the fifth of November, considering its become a form, and used but to formality, and vanity, and much hurt and riots in London hath been on these daies, and some blood shed; but if any day ought to be kept, is it not more like the Jewish practise, to keep the last and greatest mercies in memory, and include others in that? as that in Jer. 23.7, 8. It shall be no more said, the Lord liveth that brought the children of Israel out of Egypt, but the Lord liveth that brought them out of the land of the North: So, hath not God of late given us a signal and great deliverance out of the hands of a Northern enemy? and crwoned this the third of September, 1651. at Worcester? Let it not now be only said, The Lord liveth that delivered us out of the hands of Spaniards and Papists, but the Lord liveth that delivered us out of the hands of Tyrants, Bishops, and Scots; and sum up all in that day, if we must needs observe one annually; and the rather, because many fear upon grounds, that that Gunpowder work was like Gowries conspiracy, and therefore they that hid can find, without such divine inspiration as is commonly conceived and preached upon that day. Again whether the ●ommissioners at custom Houses, specially London, where much goods come in, ought not to sit longer publicly to dispatch mens businesses, that come far, and lose much time, they sitting commonly but about one hour in the forenoon, and what that time will not do, men must go and leave undone, and come another day, to the great hurt of many that weight and crowd after them; and that they may sit as well there in the afternoons to dispatch men, as in the forenoons, which may well be done for such large falleries. Fifth Head. Whether the great and common fees given to Doctors of physic, and chirurgeons, ought not to be regulated, as also Midwives; Considering that many drop into the grave for want of advice & means, that have not such large fees to give for it, and many mean Families that use such means, having much sickness, of times undo themselves, as the poor-woman in the Gospel did in following the chargeable Physitians; whereas if their price were set, as it is in Holland, the means would be more frequently used at the beginning of sicknesses, and so prevent the increase of it, which destroys multitudes lives, or else exhausts their small substance which should provide bread for the subsistence of their Families; and hereby the Physitians would have much more practise, and so live as well as now of such unbounded unreasonable Fees, as is observed in Holland, the Dr. his Fee is some seven Stivers, which makes about 8. d. sterling, and so they have great practise, for people so soon as they ail ought. presently sand for a Dr. and so the Doctors have much practise, and are rich, and people are observed to be more healthy and longer lived generally then, in England; The like may be said of Lawyers, as Councellors which Ruin and destroy multitudes of Families in making Lawsuits so tedious and chargeable, in taking such vast and boundless Fees, whereas if all Fees of all sorts were set, beyond which they may not exceed, and have as strict a Law against them as is against usurers, for not exceeding six per cent. certainly it would save the undoing of many a Family. Sixth Head. Concerning tithes for the ministry; Whether it be not too Jewish for the maintenance of the Gospel Ministry, and very oppressing to the people, and very unequal, both in pa●●ing it, and also in the distributing it to the Ministers, some having many 100 by the year, and commonly the worst diserving having got into the greatest benefice, and have axacted their Tithes with Rigor, and starved their souls, when others better diserving, could not have enough to half feed and maintain their Families comfortably, which hath been the cause that the Land hath been filled with drones, but have taught the people little else but formality instead of Piety, which hath filled the Land so full of ignorant Malignant Spirits of late times. Remedies against such evils are conceived these. First, that all tenants may have liberty to buy out all the tithes of Land, and so to make his Land tithe free, and that at a certain set price, as in wisdom and Justice shall be thought meet, and all Impropriators to have money for their parts, and the other parts, which have commonly belonged to the Minister, of all kindes to be sold, and brought into a public bank, to be laid forth and employed for either the Ministers and Schools, and such other pious and good uses, or otherways, as in wisdom be thought meet for the common good; and by this means much more Land would be tilled, when Farmers may enjoy the fruit of their own labours, and Ministers not so much contend with their Parishes as oftimes for tithes at Law; and therefore it is conceived much better if some public bank were erected, and holpen by some small excise upon some superfluous commodities which will not oppress the people, as of Wine and Tobacco, &c. and make the Costoms small, that so they might the better endure Excise; & were it not also convenient to have the whole Land surveighed, and alter many parishes that are too big and populous, since parishes first divided, and so divide them into several places for people to meet at to hear the everlasting Gospel; the glad tidings of Salvation to poor dark Souls, that perish for want of vision, as in Wales and cornwall, and the North of England; and again, many places in the Land, specially Cities and great Towns, two or three meeting places might be put into one, and yet not all them make a full congregation neither, and so some of those wast houses might be spared for other select Congregations to meet in publicly, and not to stand shut up, or some twenty or thirty at a time there, as is frequent in many places in and about London; and were it not better if Pauls London, were either pulled down and sold for much before it fall down, or else a little mended, and either made a place of public judicature, as to bring the Courts at Westminster down into the heart of London, or else to clean the best street in London, Cheapside, of the noisome and troublesone market, would be quiter free from such annoyances if it might be removed into the body of that Cathedral, and the yard and places about it, and so would it be a dry place for all meat and provisions upon wet, and hot, and could dayes; and to the like use might the Westend of christ-church in Newgate market be used, to the clearing that Street, and some such like, might divers such like wast and vast places in the Land be used, that now are of no use. And were it not better if there were placed in every preaching place in the Land a pious and faithful Minister, only to divide the word, and he to be sent forth by faithful Churches in each place adjacent to every such place, or else to let faithful knowing commissioners appointed to sand forth such Ministers & no other, who are fitly qualified with gifts & Godliness for such a work, and then let them have a competent and sufficient maintenance out of the public bank, and so none may be discouraged, nor have cause to complain for want of livelihood, nor spend their time to wrangle and contend for Tithes, but what spare time they have, they may employ it in some other way, as to keep School, or give physic, or in some other employment, which might be but as a recreation to them, and by this help the better to provide for the present and future comfort of their wives and children, and yet never hinder their studies nor preaching neither; and this would make them useful in a Common wealth, having commonly the best parts; so shall the Land be filled with the knowledge of God, and at least civilize the people, and so this Land shall be the glory of the world, and the next age shall bless God for what we did for them, and God will then delight to dwell amongst us, and fill us with blessings spiritual and temporal. Seventh Head. Whether some alteration, or at least great Reformation ought not to be of the Government of the City of London: seeing of late ages it hath been so chargeable to the Chamber, and troublesome to the common council, and whether the great and wasteful expenses upon the Lord Majors Oath day, upon the City and Companies, at least now they are exhausted, and such and so much great Feastings in Companies, which wasts much food and makes it dear, and exhausts the incombs of Halls, to the great oppressing of the Members of each Company, to serve in such Offices, and by fines paying coming into the clothing, which thy are forced to; and besides were these laid aside, abundance of means might be given to the necessitous poor of each Company, which are very numerous, which now they cannot have, because spent in feasting and such vanities. Eighth Head. Whether monopolising commodities into the hands of Companies: As of East indy Commodities, or Greenland, or for woollen cloth, the staple and Native Commodities of the Land, which God hath invested all with, or whether any one man ought to monopolise any one thing into his hands, to the hurt of others, as that of Post Letters, as before, and all these, and all engrossers do always tend to the hurt of many, to enrich one or few, and certainly Cloth would be mu●h more vented beyond the sea, if it were common, specially if a good course were taken to keep away Fullers earth, as is not, for itis in Holland always very common, whereby they make much Cloth, which else they could not, and so shortly will need little of our Cloth. Ninth Head. Whether Lordships be not a great oppression to Copy-holders; And if so, whether the people should not be delivered from it? Tenth Head. Concerning Lawyers and Law suits: Whether some way might not be found out to have fewer vexatious suits, and whether ordinary differences between man, and man which most are such, are ordinary and plain enough, and may be ended otherways; as plain debts, why may there not Commissioners in each place, or else friends, as arbitrators chosen to end them as well as a jury, after much time, and money spent upon Lawyers, which too oft foments such differences, and makes them wider then else they would be; and so of assaults and batteries, and such like, and by this means may end differences, speedily, easily, and in love and content; whereas to sue in Courts, as now we must for every trivial thing, it tends to little else but to vex one another, and oftimes men more seek their wills then right, and how many men have undone themselves and Families to have their wills one of another, more seeking revenge then right, whereas such references of differences would be a means to keep men from such wasteful suits, and so keep love amongst men, except in such cases, that just debts shall be owing to one that lives remote from the Creditor, or Titles of Land that are hard to determine, in such cases some other way may be found to facilitate such suits also, and bring trials speedily to an end; As thus, instead of serving writs, &c. which oftimes cannot be served, sometimes, and that very common, by reason of the falseness of bailiffs and under Sheriffs, that for friendship or bribes will not serve them, and by this means many a debt hath been lost, and the time of six or seven years expired before a writ can be served, and therefore it were good that Act were either repealed or longer time given; for by that Act many a just debt hath been lost this time of Wars, because many could not get Writs served in troublesone places, and also many gone into the Wars, and could not be sued; were it not better, that instead of Writs serving at great charge and trouble, it might be ordered, that if lawful summons be left under writing with any debtor; or at his house at seasonable times, either with themselves, or to any considerable person of ripe age belonging to the Family where such person dwells, to deliver to this debtor, why this may not be as effectual as a Writ, and then after such summons given, then to proceed against them, and bring it to a sudden trial and issue, and so take judgement against their estates rather then their persons, and this shall be any estate personal or real, and certainly some such way the wisdom of a Parliament might find out, if Lawyers hinder not, that might be much better then now it is; and were it not much better that mens estates should pay debts, whether real or personal? And were it not a good Reformation, if a Register or Record were kept in every County or Division where Land lieth, as in Holland, and about Taunton Dean in England; that if any encumbrance be upon Land, as mortgage, or any other, that then it might be entred in that Register Office, that any might see at pleasure, and then so many defraudings could not be about passing over one and the same Land, as now is, divers times to several men, and cannot be found out when any buy it. And because in many cases Land pays no debts, do not men run oft times in debt wilfully, and then buy Land, and so defraud Creditors, and leave their Estates to their posterity? and certainly it is not just that a man should give portions to children, either in money, goods, or Land, nor to any other, of that which is not his own to give but other mens Estates; and this is frequent to give Estates to children, and yield their own bodies to prison, and so defraud Creditors of their just deuce, to the undoing of many a poor Creditor; and this is one cause, because they have so much liberty in prisons, that so long as they have money, they may go and live abroad, only appear in serm time; nay the prison quarters, as is reported of the upper bench, reaches as far as Holland, therefore it were much better if mens Estates might be forced to pay debts, of what kind soever it is, and their bodies free, and so prisons might be freed of such a number of poor distressed miserable creatures, and not suffer such extreme want as many do, and others that live idly and sinfully that have means, but will not part with it, shall be forced to pay debts with it and free their persons, to take some lawful callings to do good in a Common wealth; and in prisons men live like bruits, in all idleness, looseness, and wickedness, learning craft to deceive their Creditors; therefore were it not better if it were as it is in Holland and else where, in Free States, that Estates pay, and persons freed from Prison, and in case of mens failing, men shall deliver up their books and Estates upon Oath to their Creditors, and that shall satisfy them; and if it be afterwards found they have a concealed Estate, then that Estate shall be divided also, and they proceeded against as perjured persons; but if they deliver up justly, they shall have a share with their Creditors to begin the world again to maintain their Families withal, and not to imprison their bodies, to the ruining of them and their Families, and unfitting them for any good use in a Common wealth; whereas men thus imprisoned brings many a poor Family to ruin, as well as robs the Common wealth of a subject that might else be useful otherways, and if any man judge he have cause to imprison a man, then he shall allow him a competent livelihood, and keep him in a Chamber by himself from bad company in prison. And further, if any Norman Laws yet lies upon us, as is supposed to do, it is certainly high time to be eased of them, and to have instead of them such suitable Laws agreeable to this age, and the constitution of the people, which they themselves shall make by their Representatives in Parliament, and its thought the Multiplicity of Lawyers, and their taking such large Fees is the cause of keeping these yokes still upon us. Eleventh Head. Whether it be not much for the good of the City of London, and of all Trade in the Land to put down all Fairs within this Nation of England, and all the territories thereto belonging, and that for these reasons following. First, it is an exceeding great cause of the spoiling of all wholesale Trade in the whole Land, specially London, when some few men in London shall go to such Fairs, and forestall all others that stay at home, to the hindrance of all home Trade; for what need Country Shopkeepers come or sand to London for their goods, when itis brought home to them so oft, and by this means many of them get into debt in London, and then come not thither to pay their debts, but bestow that money in Fairs, and so those that stay at home, lose both their debts and Customers; nay almost all Fair-keepers do find it to be such a slavish chargeable thing to keep Fairs, and so little got by them, and yet once begun, they must go on in them Winter and Summer; that they would much rejoice, and many have often offered to give much money to have them all put down, and it much hinders all wholesale tradesman in the Country also, for all petty tradesman and Retailers, if no Fairs were would buy of them, and for want of such Trading, they are much wait, and decay, and oftimes break in Londoners debts; And so the most part of the Trade of the Land is in some few mens hands, & yet the Charge eats out their profit for the most part too, and indeed very few get by them, but Inns, and victuallers, and such like; and yet if no Fairs were kept, Markets would be constantly bigger, and so those Innholders would have a constant Trade all the year, whereas now it is for a glut, for a few nights, some twice a year, or the like, and so they would get by it: But there are other evils in these Fairs: As first, they are the occasion of highway thieves, as know the set times, take the opportunities to rob men of their moneys as they go and come to and from those Fairs; and this hath been very frequent. Secondly, they are the occasion that peddlers, Stageplayers, Cutpurses, and many such vain, wicked, and idle persons come there, and draw youth together to vanities, an occasion of much corrupting youth, when upon such occasions they meet at such Fairs, which then they will take liberty to do; and so much drunkenness and uncleanness being the true product of such meetings, so all these inconveniences, and many more being considered, the much hurt they do, and little or no good, together with the consideration of the full and general Trade there would else be constantly in all the Land, were all Fairs put down: All considered, it were questionless a great good Reformation to have all Fairs put down; and for Cattle, and such like things that are of growth amongst us, great Markets would do, as is conceived, much better then Fairs. Twelfth Head. Concerning the Jews. Whether we should not as well endeavour their conversion, as to believe it, and pray for it? and how can we do this, except we suffer them to come amongst us, to the end we may converse and dispute with them, and make it out to them by Scripture and a holy Conversation, that our Jesus, whom their forefathers crucified, is the Lord and Christ, that so they may look upon him, and mourn for him, or rather for themselves, as one mourneth for the loss of his only son, and then that Redeemer that came out of Zion, may turn away iniquity from Jacob: And is this any more then their believing forefathers did for us? the fruit of whose prayers now we reap; they prayed for us their little sister, when had no breasts; nay they, when they were a national, and a peculiar Church, received the Gentiles to be amongst them, and converted many of them by that means to be proselytes; itis very like we might do the like by them now, if they were amongst us; and itis more likely, this people in England should be a means to convince them rather then any other Nation in the world; First, because they love & esteem English people. Secondly, we have, and its likely we shall have more of the power of godliness in this Nation, and less formality and superstition then any Nation in the world; and is it not said, the Gentiles by this means shall emulate the Jews, and make them look after Christ by this means. And further, consider, that the time of their conversion is not far off, and if once they are called, it will be a happiness to be amongst them, for they will be the riches of the world, as Paul to the Romans argues, If their casting off were riches to us, because we came in the room of them, then how much more their call home? and consider, that our Redeemer came from them, and our privileges as believers, is, as we are the children of believing Abraham, their Father according to the flesh, of whom they still boast; and he is our Father, if we believe in the same messiah as he did. They are therefore our brethren, let them live with us, and let us love and tender them for their Fathers sake. Thirteenth Head. Concerning Murtherers and Felons, and such like Capitol offenders. Whether it were not more Scripture like to have Manslayers die publicly, by such kind of deaths as they destroy others by? and for Thieves, whether it ought to be so practised amongst us, to take away life for Theft; or at least if any steal to satisfy hunger with, but rather more agreeable to Scripture, that satisfaction be made for their Theft, and in case they have it not to pay, then after some sharp corporal punishment, as whipping, or the like, to satisfy the Law; which may be inflicted less or more, according to the nature of the offence, the Magistrates standing by to judge how much, as in Holland, &c. then the offendor to return to prison: And were it not good if all such and other prisons were made workhouses, where such Felons may remain, and be forced to work to get their bread, and to earn out that debt they have robbed any person of, according to Scripture example, He that steals must make restitution fourfold, then at least one fold; and certainly, were this course taken, it would far more deter Thieves then that death they so commonly suffer: For is not this common with many of them to follow Theft as a Trade, and so will not leave it, but resolve to steal to satisfy their lusts, and if they be taken, and come to prison, oft scape by being burnt in the hand, and then fall to the same course again; and many of them come into Newgate at London again, and other prisons within a few dayes, nay hours, after so released; and many of them have said, they owe a debt, and that they must pay, and that is to death, and they will satisfy their lusts while they live, and they can be but hanged for it: so death deters not such persons, but sharp corporal punishment, and afterwards working in prison till they have satisfied all such Thefts, would more deter then death by far, and also be a means to keep them from much evils and robberies, which they could not do when so kept in prison in lawful employment. And the like in other prisons for debt, were they workhouses, where all that live and lye for debt were made work, then men of estates, that will lye in prison, and not pay, would rather pay, then work hard; and others that have nothing to pay, may either be released, to go into some lawful Calling, to earn wherewith to maintain themselves and families, or else be made work in prison, to earn bread, and have beds, and not to feed and lye, too oft in holes and dungeons, like beasts, and so in time may earn more then they spend towards satisfying their Creditors; if some such courses might be taken, prisons would not be so inhabited with guests, that for want of employments live idly, which is the mother and nurse of all impiety; and prisons be so like the confines of Satans Kingdom; certainly some such way might be found out for the Reformation of such wicked practices. FINIS.