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A84297 An experimentall essay touching the reformation of the lavves of England anno 1648. By an impartiall well-willer to the peace and well-beeing of all. Impartiall well-willer to the peace and well-beeing of all. 1648 (1648) Wing E3880; Thomason E459_20; ESTC R201915 5,321 12

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Parliament The Court of Parliament might from time to time make Lawes and see the Publique Lawes observed which might be few and very briefe concerning the punishment of those that shall be found wilfully to judge unequally when the Right is made so easie to be dis●●rned Also about Publique Rates and Payments of Money that all may pay according to their just proportion for mending of publique High-wayes Bridges Sea-banks and Sluces For keeping the poore for setting People on work that there may be no wanderers nor beggars For Marketts that Measures be all one and the same throughout the Kingdome For restraining common disorder in Innes and Alehouses and other disorderly Meetings Also for Ordering of Hawking Hunting Shooting Fishing and Fowling also the Militia and Armes of the Kingdome that all that are able to finde or serve in Armes be ready against all Insurrections or Invasions when the Parliament shall see cause Also to order the Propagation of Common Civility Learning and Christianitie by Towne-Meetings d Instead of Catechizing old People which they cannot be brought to in any so profitable way as by Loving conference of Conference for instructing and edifying one another and Resolving Doubts every First Day of the Weeke and to have the Scriptures read also the Baptisme and Supper of Remembrance Celebrated in a discreete Christian way without offence to any Doubting Conscience To which End the Orders of Schooles and Universities might be viewed considered and amended from time to time as experience shall teach for the bringing up all that will study that they may attaine the highest wisdome and ability to Teach in every Towne and moderate the Conferences that but one speake at once which may be done by a e Instead of Institution and Induction from the Bishops courts Commission from the Parliament as other Officers of the Common-wealth now have and not otherwise to avoyde the intrusion of illiterate Men to be Moderatours when the present Schollers that may doe it now shall dye or leave their Places and in Resolving Doubts and Questions which shall be made may not God stirre up the Spirit of wisdome in many in this way as he did in Solomon to Resolve hard Questions or Doubts nay all Doubts and Questions that any can make now when they are cleered and Resolved then Babell that Mother of Errour and Confusion will fall and all the Mysteries of God will be revealed and wee shall all rejoyce in that measure which God hath afforded in his severall Gifts to All and live in unity till the Trump shall blow and raise the Dead and the whole Creation be restored to the Glorious Liberty of the Sonnes of God It were convenient that there might be no Estate but Absolute for Life or Inheritance without Conditions and Entayles whether given by Will or purchased by Deed in writing and this would shorten all suits about Estates If none were to be put to Death for any thing except for Treason Rebellion or Murther but to make fourefold Restitution for Felonies and if Men have not to Restore they might be made to worke in some place of Restraint till satisfaction be made then Men might not loose their lives for so triviall Matters but have time to live and Repent which Law would be full of Mercy to Mens soules agreeable to the Law of Love The Lord Cookes foure Parts of the Institutes are these First of Estates Secondly of Magna Charta and other old Statutes Thirdly of the Plea's of the Crowne Fourthly of the Jurisdiction of Courts these which contain the whole summe of the Law would all be rendred uselesse by the former Ordering of Matters and instead of the vast Body of the Law a few plaine briefe Lawes like a new Magna Charta might be made and that to Conclude that every one may have their Right according to the Law of the Land and the Law of Charity this is Salus Populi Suprema Lex And the briefe contence of all the Lawes might be printed in a Table or Little Booke for every one that can reade to make use of and if any inconvenience should happen to any upon the change of such a present reducement of the Common-wealth every ones Losse might be considered and if the whole be gainers they may in Reason give somewhat by way of Publique Assessment that will pay every one downe in ready Money for a Recompence And then all might have leisure to study the Mysteries of Art and Nature in their severall wayes to maintaine their Outward Life and also the Divine Mysteries in their severall wayes of their Inward Christian Life There will neede no Forrest Lawes if all Lands inclosed be bought Forrest free and Forrests bounded with lasting certaine bounds as Parks are The Lawes should be made as short and plaine as could be without the nice words and Tautologies or Repetitions of Law that are now used Sir Francis Bacon saith the best way to Reforme a Common-wealth without disturbance is to reduce it to its first Principles or Primitive Order From whence many Customes have been introduced and made Lawes to the prejudice of true Christian honest Liberty by the Corruption of the Times in a Common-wealth but the Roote and foundation of Law is very Good The way to make the best Platforme for a Common-wealth were to send Letters into All Countries of the world and have a short draught from thence of all the Excellencies and Inconveniences of their Governments some appointed to compare all those draughts with our Common-wealth and then it might easily be mended and made a better Common-wealth than ever was in the world by any humane appointment Also that all Lands in the Kingdome might be brought to the best improvement and that all Lands which hitherto have paid nothing may beare a just proportion according to their equall value in Publike Rates all Commons and waste grounds might be surveighed and inclosed and put into Farmes and the Rent imployed for the good of the Towne or that poore people might have rather more than their portion severally inclosed to themselves and the Rest to be inclosed according to every ones just proportion and that little parcels of Land lying at so Great a Distance as they now doe in some Common fields may by Exchange be laid together for the best Convenience and then inclosed Also where there are ill Fences without Ditches for boundaries which cause unjust incroachments upon others Rights that Parties might be Ordered to give or take a Ditch and to fell and part Trees In Fences that are in Controversie that Men might live together in Peace without wrong one to another for afterwards All these things may be effected without an Act of Parliament or Repealing of former Acts or Statutes by Commissions to fit Persons in the severall Parts of the Kingdome with small charge and when they are effected things cannot be reduced to the present troublesome way by any new Act or Statute whatsoever afterward The maine of these things may be setled in a Quarter of a yeare without any great trouble to any Body FINIS Die Jovis 6 0 Julii 1648. ORdered by the Commons assembled in Parliament That all the Letters and Papers from the Commissioners of England in Scotland delivered by them to the Parliament of Scotland or Committee of Estates and such Letters and Papers as they have received from the Parliament of Scotland or Committee of Estates and communicated to this House be forthwith printed and published H Elsynge Cler. Parl. D.Com.