to know That Acts of Parliament wherein the King is not named (d) Inst fol. 43. shall not take away the King 's Right And (e) Dyer 225. â—oâ— Rep. 146. that Acts of Parliament impowering Justices of Peace to do what the King hath Right to do shall not bar or hinder the King to do it such Acts being intended to ease the King of Labour not to debar or deprive him of his Rights Power or Prerogative (f) Inst 1 part fol. 119.2 part fol. 4â—6 which is the most essential part of the Laws of England And it 's resolved (g) Bans Case or the Case of Royal Rivers Davis Rep. fol. 56. That the King may at this day appoint a Water-Bayliff of all or any his Royal Rivers And all Sages of the Law agree That His Majesty may Erect and Grant a Court of Record to hold Plea of what His Majesty 's other Courts hold Plea of and appoint reasonable Fees to support the same Yet Vice-Admirals and Justices of Peace near Severn dispute the King's Prerogative and the Water-Bayliffs Jurisdiction in that River which Office appears by Records in the Tower to be very Ancient But what may not some by Mistake and others in point of Interest be guilty of I have reason to believe that had not His Majesty's Predecessors granted the Inheritance of the Office of Water-Bayliff of Thames to the powerful City of London Usurpations Nusances and Trespasses had swarmed in that River as they do in other Royal Navigable Rivers What signifie our Laws declaring That (h) 13 14 Car. 2. Cap. 28. the Publick Honour Wealth and Safety of this Realm as well in the Maintenance and Support of Navigation as in many other respects depend on the Improvement and Encouragement of the Fishery And the many Laws in force for the Preservation of the young Brood and Fry of Fish And to hinder Royal and Navigable Rivers to be choaked up with Filth or annoyed with ought that may obstruct Navigation Nay indeed what signifie all our wholsome Laws to secure our Liberties and Properties if a stop be not put to such as recommend unfit Persons to Places of Trust I verily believe that such as dispence with Oaths and Laws and magnifie the Number and Power of their Parties by Trading with Benefices and Places of Trust as the Pope and his Priests Traffick with Pardons and Indulgences are Conscious to themselves That they are no true Subjects to the King of Great Britain And that they and their Parties are but a handful of Men compared with the vast Numbers of good Subjects grieved with their Frauds and Perjuries If ought I propose for a Cure of our Discontents be deficient I submit the same to be supplied by the Wisdom of the Government and because every Subject as a Member of the State is bound to serve the Head and 't is easier to add to an Invention than to find out how or which way to make the first Essay I have communicated my Proposals in a plain and familiar Language to my Country-men that the weakest Capacity may judge of them and propose his own which he thinks better having experienced what unlikely Persons have done Who would believe did not Records witness that a Soldier should invent Printing and a Monk Guns And I know that the King and the Lords-Justices being busily imploy'd about weighty Affairs want Leisure to read my Treatise However some Judicious Readers may happily agree with me and have opportunity to give His Majesty or the Lords-Justices to understand that a Registry of the Names of Persons doing Good Services orderly kept and rewarding them duly and the Reports or Recommendations of Societies for supplying Vacancies of Benefices and Offices where none in the Registry be fit for the same will make the Crown and People be well served And that if the same be not done or some other â—ay found out to avoid the Secret Intreagues which pass all Understanding between Judges and Officers and Obscure Persons who abuse Noble Persons and others that have the Disposition of Benefices and Places of Trust the Avenues of Justice will be stopt I had made Coin and Bullion part of the subject Matter of my ensuing Treatise but that the Lords-Justices issued out their Proclamation to supply the Defects of the Laws relating thereto by promising a Reward of a Moiety to Discoverers but it is to be feared there are so many secret ways of conveying Coin and Bullion out of the Realm in Packs of Cloth and Casks with Liquors and the like that unless Coin and Bullion be made more valuable here if but one Farthing in an Ounce than in any other part of the World the Exportation will hardly be prevented However I am glad to see the Government sensible of the Necessity of rewarding and encouraging Discoverers because they run unspeakable Hazards by discovering the undue Practices of ill Men who we know will both give and take Bribes and leave no Device or Trick untried to take away the Lives Estates and Reputation of Discoverers and to stifle their most true and faithful Discoveries and Proposals for that reason I had rather leave such Self-interested Ill-principled Persons to guess at my Name than know it by Subscription And seeing there is no Man living but what is envied by some and that a Prejudice entertained against a Person will hinder some Readers to profit by his Works upon that account also and by what King Solomon saw or experienced Eccl. 9. v. 13 to the end I hold it best to subscribe no Name VALE A Direct Road c. READER I foresee some will Object 1â— Rich â— Chap. â— 5 and 6 Eâ—â— 6. Chap. â—â— That 't is impossible to supply the Defects of the Laws for having Persons Worthy and Meet and none other advanced to Offices Therefore I determine thus That all things are to be held possible and performable which may be accomplished by some Persons though not by every one And which may be done by the United Labours of many tho not by one a part And in brief which may be finished by the Care and Charge of the Publick tho not by the Abilities and Industry of private Persons If for all this there be any would rather take to himself That of Solomon Dicit piger Leo est in via Than that of Virgil Possunt quia posse videntur It is enough for me if my Labours may be esteemed Votes or rather the better sort of Wishes For as it asks some Knowledge to demand a Question not impertinent so it requires some Understanding to make a Wish not absurd I wish all Men were true Protestants And that all His Majesties Free-born and Naturalized Subjects understood the Law which saith That their King is the Father of their Country The Fountain of Justice and the Patron and Protector of that Church which is endowed with universal Charity The very Bond of Peace and all Vertues without
the King of Labour not to deprive him of his Power and Prerogative * Inst 1. Part Fo. 119. 2 paâ—t â—â— 436. which is a most essential part of the Laws of England That Acts of Parliament wherein the King is not named a Inst 1. Part Fo 43. Cook 11 Rep. Mag. Coll. Câ—se shall not bart or take away the Kings right and that General words in Acts of Parliament Grants Use Custom or Prescription shall not devest the Crown of any thing originally and of right belonging to it That not any can prescribe to the Temperaltys of a Bishop â—â—st 2. Part Fo. 15. because they are incident to the Person of the King as Patron and Protector of the Church and b Ibid. 1â— Part Fo. 117. all Courts of Justice are the Kings as Administrator of Justice And Offices incident to his Administration being inseparably United and Annexed to the Imperial Crown cannot be severed from it c Hob. Rep. 261. but by special Grant or Act of Parliament d Idem 22â— 342 Because all the People of England have an Interest in the Rites of the Crown e Ibid. 347. Where the Crown hath a Right it cannot loose it and not any thing shall pass out of the Crown but by special Grant neither shall Officers Compact Defeat the Crown And not any inferiour Office was ever granted by name to any Minister or Judge because f I st 4. Paâ—t Fo. â—00 Hob. Râ—p â—55 by the Ancient Rule in Law not any is to enjoy two Offices and Rules in Law cannot be broken without doing abuse and deceit to the King and g 13. Edw. 1. Chap. 44. Judges are Charged upon Faith and Oath to Punish but if they in their own right grant Offices they are Punishable when their Officers offend and it 's against a Rule in Law for any to be Judge and Party Henry the 8th Granted the disposition of Fellons Goods to his Almoner Cook Rep. Alton woods Case and without reciting and revoking the same did grant divers Fellons Goods to one Hales and the Almoner disputed his right because the Stat. 6 Hen. 8. Cap. 15. Saith all after Grants not reciting and revoking the former shall be void yet the latter grant to Hales was Adjuged good against the Almoner because he was only a Minister in Trust for the King And great Officers are no other neither have they such express Grants of the disposition of Inferiour Offices as the Almoner had of Fellons Goods King Edward 1st Granted the Office of Master of the Rolls to one for life Inst 3. Part Fo. 95.96 9 Edw. 4 Fo. 6 7.18 Edw. 4. Fo. 7. Dyer 176 Hob. Rep. 153. and setled the disposition to be ever after in the gift of the Chancellour or Keeper of the Great Seal for the time being yet it was adjudged when the Office of the Master of the Rolls was void to be still in the Kings gift notwithstanding the settlement And many other Offices when their right of Granting was disputed were adjudged to be in the Kings Gift In Case the Judges had a right as they pretend it must necessarily terminate upon their own Death or Removal yet they presume to grant Estates in Offices to others for one two or more Lives which Grants are Illegal being against a Rule in Law that saith None shall transfer a greater Estate then he hath The Law ever looked upon the Injurious Acts of Persons in Office to be worse then Robbing on the High way Because a Theif can take but what thou carriest about thee but wresting the Law or executing it Partially may destroy Men and their Posterity All Laws are to be Expounded most Beneficially to make them answer their true End Plow Com. 563. Dyer 231.313 Brook 77. Inst 1 Part 381. Co. Rep. Alton woods Case Heydens Case for suppressing the Evils they intend to remedy and the Construction which the Judges make of the proviso in the Stat. 5 and 6 Edw. 6. Chap. 16. for them to sell in repugnant to the Laws against Buying and Selling Offices neither doth that proviso repeal the Stat. 12. Rich. 2. Cap. 2. So that the Judges can but do as they might have done that is to say for the Kings Ease or untill his Pleasure be signified to the contrary they may supply Offices void so that there be no failer for want of a propper and sit Person in the Execution of the Law And the Kings of England had no reason to trouble themselves with Offices upon the first Erection by reason they were few and small and of little value but now they are many and of great value and would raise a great Revenue without disobliging any body For when an Office is void and in the Kings gift any man will be glad of the Moity of the Profits to live on and to pay the other Moiety to the King for two Years and to have the whole after the Expiration thereof without paying any thing out of his own Pocket because then the Officer will not be put upon shifts to raise his Purchase-Money or reimburse himself as too many have been of Late years And if Persons that do good Service be released from paying their first years Profits the Obligation or Indearment will be greater Object In Case Offices be in the Kings Gift why should you propose the same to be Elective by Societys as aforesaid Answ I Propose none to be Elective by Societys but in Case where there is not a Person in the Registry of good Services Qualified for the Office void and that will make all his Majesty's Subjects strive to Excel each other in Dutiful and Loyal Services and qualifie themselves for good Offices and Imployments were Persons Qualifications written in their Foreheads there needed no Tryers or Examiners or any Report or Recommendation who are fit or unfit But seeing his Majesty desires nothing but to be well served and have his own and his Peoples business well and carefully done And Tryers and Examiners and Societies where Persons have not done any signal Service to recommend them may reasonably be believed to be more indifferent and impartial in their Reports and Recommendations than private Persons who may be suspected to make it their business for Money Brocage Favour or Affection to Procure Offices and seeing it is hard to distinguish Generous Noble Souls from such as are Mercinary and Sell their Prince's Favours It is as I conceive the Interest of a Prince to prevent Evils which may be secretly Transacted against the Honour and Interest of His Majesty and His People whose Interest being united cannot be severed for that Reason whenever a Private Interest comes in Competition with a Publick Benefit or Advantage Judgment is to be given Pro Communi utilitate Regis Populi Records shew that King James the 1st had not Reigned above Three Years before the most Horrible Gun-Powder-Treason Plot was Ripe and ready to be put in
which whosoever liveth is accounted dead before God None questions the Kings Legal Power or who made him King but such as are of the Israelites kidney that questioned Moses who made him a Ruler and a Judge and caused him to fly his Country for doing a Brotherly Office The King is a wise Prince and a profest Protestant had he time to read the Case and Petitions of his meanest Subjects he would certainly do them speedy and cheap Justice It is his Misfortune as well as thine That he is busily imployed Circa Ardua negotia regni The Heathen Philosopher that could say We are not born for our selves but partly for our Country Condemns all Free-born and Naturalized Subjects especially such as are under the obligation of Oaths and Associations to be true to his Majesty and his Government that are not as serviceable as they may or can be Can any profest Protestant be ungrateful to His Majesty that calls to mind the many eminent Dangers both by Sea and Land to which his Majesties Sacred Person hath been so often exposed to secure Protestants from Arbitrary Power and Popery and sees how freely His Majesty leaves all things to be setled and done in Parliament for the common Interest of the Crown and People So that if we be not wanting to our selves we may be as happy as we can hope to be in this World and the next Therefore Reader I will offer to thee such things as I conceive necessary to be Communicated for the Service of my King and Country If any thing be disliked or not well approved on let thy Charity pardon me it being well intended and remember it was not the Widows Mite but her willing Mind to Contribute more made her Present acceptable Let not private Interest Favour or Affection sway thy Judgmeent read diligently and judge Impartially and give grains of Allowance to thy weak Brother who exhorts thee in the Apostles words Remember them that are in Bonds as bound with them and them that suffer Adversity as being thy self also in the Body In private Families should the Husband Command unreasonable things or the Wife despute her Husbands reasonable Jurisdiction or the Children their Parents or the Servants be Judges in their own Case what distraction would inevitably ensue in case Law and Equity were not Umpire Art thou compelled to take Oaths and Subscribe Associations thou art bound and thou must obey or suffer what the Law Inflicts for thy disobedience if thou discharge thy Oath and Duty and suffer any loss or damage for thy Obedience the Government is bound to make the repairation and to Protect thee If a Law be attended with Inconveniences which were not foreseen at the time of making and thou art prosecuted by force thereof the King can stop proceedings until the Parliament meet to Annul it or Amend what is therein Amiss Art thou Opressed by the neglect or Non Execution of any wholsome Law the King can Command the due Execution of it Hast thou Consumed thy Estate and contracted great Debts in discharge of Oath and Duty and dost thou want Subsistence for thy felf and Family and will not thy Creditors forbear troubling and restraining thee of thy Liberty and will not the Government relieve thee Commit thy Cause to God he is the relief of the Opressed and can make thy case known to the King as he did Mordecais to King Ahasuerus Doth any in Authority under His Majesty upon any Acount whatsoever opress thee His Majesties Propper Courts can Right thee Are the Judges thereof Parties concerned in point of Interest to favour thy Opressors and wrong thee or do the Judges or such as the King intrusts to do thee Justice deny or neglect to do their duty thou hast a just and wise King to apply unto whose Power and Prerogative is the most essential part of the Law It is saith a Learned Judge A Sanctuary for the opressed to fly unto a Fortress to the weak to retire unto and a Curb to the insolent So that thou mayest depend on Justice at His Majesties hands because His Majesty can do no wrong But the wisdom of the Law knows that His Majesty sees with others Eyes and hears with others Ears and acts with others Hands and that they may be gulty of abusing and wronging thee Therefore the Law inflicts severe Punishment on such in Authority under His Majesty as deceive His Majesty by ill Advice or do or suffer any thing to be done against the Honour and Interest of His Majesty and his People and His Majesty may when he thinks sit Sit in Person and see Justice done to any of his opressed or injured Subjects for His Majesty is Supream Chancellor of England and none is to depart his Courts without relief And had His Majesty time and leasure to make one or two Presidents of Persons exemplarily punished for breach of Oath and Duty it would ease His Majesty of much trouble and make His Majesties Reign Glorious Doth not the King understand the Laws and will not his Councel advise him right thou hast thy representatives in Parliament to make thy Case and Condition known to the King Are thy Friends to Justice out-voted by Parties intressed to favour thy Opressors and wrong thee Thou hast frequent Parliaments to apply unto Art thou affraid the People will chuse the same Members Every body knows that old Brooms being stumpy and stubborn will scratch and leave Filth Rubbish in Holes and Crevises where new Brooms being bushy and pliant will sweep clean However thou may do well to give thy Fellow Electors to understand That the Law allows not Parties interested to be either Judges or Jury-men and that under Sherffs are not allowed by Law to be in Office above a Year at a time because the Law presumes new Shereffs are not so Crafty as the old nor will be guilty of their Tricks and Fallacys And it may be believed that it is as requisite for none but indifferent Persons to have Votes in the High Court of Parliament as to have indifferent Judges and Jury-men in the Inferior Courts and that new Members to represent the People may be as necessary as new Sherriffs in every County let the People know the particulars of thy Case and how thou art Oppressed and by whom and for what and thou mayest happily prevail with them to chuse such to represent them and thee as live among them and do all the Neighbourly good Offices they can For the People of England are naturally Stout Generous and lovers of Justice and will do all things that may suit with the Honour and Interest of their King and Country and though Inhumane Wars Plots and Conspiraces have depraved their natural Tempers and Dispositions Yet in proces of time they will be reclaimed and thou mayest be successful Thou knowest that the unjust Judge in the Parable who neither feared God nor reverenced Man was wrought upon by the importunate Widow to do her
who are intrusted with the Cure of a Sick State as it is with Physicians and their Patients The most Skilful Physicians cannot Cure Diseases before they know them If they give Physick at random they may as soon Kill as Cure and Physicians most visited with Patients have least time to inform themselves of the true State and Condition of their most distempered Patients and seeing most Diseases when discovered may easily be cured if Opportunities of taking proper Remedies be not slipt I did upon these Considerations set my self at work to publish the ensuing Treatise und what I have omitted therein I would willingly supply by this Preface Every Judicious Person knows that most Feuds and Discontents are fomented by Suits in Law Elections of Members to serve in Parliament and bestowing Benesices and Places of Trust and that when Disputes about any of them happen between Popular and Powerful Antagonists and the Decision be no other than Silencing the Parties worsted for the present it is but Healing the Wounds false and should the same Gangreen before discovered it may occasion the Dissecting of Members or Loss of Lives We have had two Miraculous Revolutions viz. The Restauration of King Charles the Second and the Coronation of King William the Third let us having abused the former make good use of the latter Every Tree is known by its Fruit May not such as obtain Benefices by Symony and their Benefactors be suspected to be in Confederacy with such as Dispence with the Laws against Buying and Selling Places of Trust and may not all the Confederates be suspected to be Supine and Negligent in all things but what makes for their own private Interest or Profit and will not such wink at Miscarriages or highten our Discontents and retard the Redress of their Brethrens Grievances If two or more be Competitors for a Benefice or an Office void and it be given to one least Deserving or hath least need will not the rest be disobliged especially such as be Impoverished with Loyal and Dutiful Services to the Publick and may not the Persons disobliged by Mistake impute the same to wrong Persons and Causes Are not such as abuse Regalia's holden of the Crown Petty Tyrants Were not all Benefices and Offices in the sole Gift of the Crown before divested thereof by Grant or Usurpation Do not such as abuse that Trust sell both Crown and People and make Religion Liberty and Property Stalking-horses for their Villainous Purposes Is not the right and due Administration of Justice all we have to depend on to preserve us from the Oppression of Home-Tyrants And what but the Propagation and Encouragement of the Fisheries will increase the numbers of fit Persons to be Sea-men and Marriners to Man our Ships that guard us from Forreign Tyrants And who Obstructs the Administration of Justice but such as Buy and Sell Benefices and Offices And who makes great Destruction of the young Fry and Brood of Fish and obstruct Navigation and hinder the Increase of fit Persons to be Sea-men and Marriners but such as under the Umbrage of Grants of Liberties for them their Tenants and Farmers to Fish in Royal and Navigable Rivers erect Piles Stakes Keddals Locks with strait Wires or Wands Weres Dams and Lett the same and little Cottages and small parcels of Land by such River-sides to Farm at excessive Rent and suffer their Tenants to Potch and Fish at unseasonable times and with unlawful Nets Engines and Devices And are not Salmon by their Destruction of Fish full of Spawn and feeding their Swine with the young Brood and Fry sold at 12 d. per Pound in some parts where it was sold for 1 d. and large Silver Eals at 6 d. or 8 d. per piece where the like was sold for 1 d. And will not a Lamprey-Pye now cost 3 l. or 3 l. 10 s. where it might have been had for 12 or 13 s. to the great Dissatisfaction of the Country-Gentlemen and the Oppression of the Poor to whom Fish plentiful and cheap was great Relief And are not some parts of Navigable Rivers so annoyed with Stakes Locks Dams Weres and the like that Vessels of 30 Tun cannot where Vessels of 100 Tun used to pass and repass And have not such Tenants and Farmers for the Lucre of Wrecks Murthered poor Sea-men and Marriners that were escaping to shoar And how many poor Fisher-men taken Fishing in places within the compass or space where Pretenders to Royalties claim any thing of Fishing have been so ill treated by Farmers Stewards or Agents to Vice-Admirals and Justices of Peace that the Fisher-men who took several Apprentices have been forced to betake themselves to other Imployments ever since their usage was so bad by such who ingrossed the most convenient places of Fishing in Royal and Navigable Rivers under the Umbrage of Grants of Free-Fisheries as aforesaid Certainly such Vice-Admirals and Justicâ—s of Peace as are Owners of Houses and Land near such Rivers who pretend to such Liberties cannot but know that all the Ground Soile and Fishery in Navigable Rivers (a) Bant Case or the Case of Royal Rivers Davis Rep. fol. 56. are the Inheritance of the Crown as well where the Water at usual Spring-Tides cover the Ground as where the Water runs and no Tides come for that reason the City of London enjoy the same in Thames as far as Stanes-bridge by Grants from the Crown and confirmed by Act of Parliament And do not private Rivers cease to be private when made Navigable at the Counties Charge by Act of Parliament And are not all Nusances in Private Rivers relating to the Publick and for preventing the Destruction of the young Brood and Fry of Fish to be redressed by the King or such as His Majesty intrusts where Lords of Royalties and Franchises are Remiss or Negligent And do not such as have only Free Liberty or License to Fish in Navigable Royal Rivers abuse their Liberty in case they hinder others Lawfully Authorized to Fish Doth not the Statute 21 Jacobi 1. Cap. 2. which limiteth the Crown not to Sue for Lands or Hereditaments concealed by the space of sixty years save its Rights to recover Franchises and Liberties holden by Usurpation or Wrong If a Subject grant leave to (b) Munj y and Brown's Case Inst fol. 165. another to dig in his Ground may he not dig himself or appoint others to dig also And is not the Inheritance of the Crown and its Royal Estate as well secured as any private Subject can pretend his own Estate or Property to be secured Are not all Vice-Admirals prohibited to meddle (c) 13 Rich. 2. Cap. 5. with any thing done within the Realm but what are done upon the Sea So that although Rivers be very broad and Salt near the Sea Yet are not all Offences and Trespasses done or committed in such Rivers properly determinable infra Corpus Comitatus where Vice-Admirals have nothing to do And Justices of Peace ought