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A32833 A new discourse of trade wherein is recommended several weighty points relating to companies of merchants : the act of navigation, naturalization of strangers, and our woollen manufactures, the balance of trade, and the nature of plantations, and their consequences in relation to the kingdom, are seriously discussed and some proposals for erecting a court of merchants for determining controversies, relating to maritime affairs, and for a law for transferrance of bills of depts, are humbly offered / by Josiah Child. Child, Josiah, Sir, 1630-1699.; Culpeper, Thomas, Sir, 1578-1662. Small treatise against usury. 1693 (1693) Wing C3860; ESTC R5732 114,526 332

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doth very much drain the ready Money from all other parts of the Kingdom The second point I am to prove is That it will advance the Rent of Farms To prove that it did so in fact depends on memory and for my own part I and most others I converse with do perfectly remember that Rents did generally rise after the late abatement of Interest viz. in the year 1651. and 1652. The reason why they did so was from the encouragement which that abatement of Interest gave to Landlords and Tenants to improve by Draining Marling Limeing c. excellently made out by the aforesaid two worthy Authors so that I do I think with good Reason conclude that the present fall of Rents is not natural but accidental and to be ascribed principally to the fore-going Reasons given for the present abatement of Land in purchase and especially to the late Improvement of Ireland The third thing I am to prove is That the abatement of Interest will encrease the bulk of foreign Trade which I do thus By evidence of fact it hath been so in England the encrease of our Trade hath always followed the abatement of our Interest by Law I say not preceded but followed it and the Cause doth always go before the Effect which I think I have evidently demonstrated in my former Treatise If any doubt of this and will be at the pains to examin the custom-Custom-house Books they may soon be resolved 2. By Authority not only of that antient Gentleman Sr Thomas Culpepper in his second Treatise and therein of the judgment of the French King and Court in an Edict there recited but likewise of a Parliament of England King Lords Commons in the Act for reducing it to 6 per Cent in the Preamble whereof are these Words viz. Forasmuch as the Abatement of Interest from 10 in the Hundred in former times hath been found by nota●le Experi●nce beneficial to the Advancement of Trade and Improvement of Lands by good Husbandry with many other consid●ra●le Advantages to this Nation especially the reducing of it to a nearer proportion with foreign States with whom we traffick And whereas in fresh memory the like fall from 8 to 6 in the Hundred by a late constant Practice hath found the like success to the general contentment of this Nation as is visible by several Improvements c. 3. By necessary consequence when Interest is abated they who call in their Money must either buy Land or trade with it If they buy Land the many Buyers will raise the price of Land If they trade they encrease the number of Traders and consequently the bulk of Trade and let their Money lie dead by them I think I have fully proved they cannot in an addition published to my first Observations 4. By reason for first whilst Interest is at 6 per Cent no man will run an adventure to Sea for the gain of 8 or 9 per Cent which the Dutch having Money at 4 or 3 per Cent at Interest are contented with and therefore can and do follow a vast trade in Salt from St Vuall Rochel and other parts to the Baltique Seas and also their fishing Trade for Herrings and Whale-fishing which we neglect as being not worth our trouble and hazard while we can make 6 per Cent of our Money sleeping For the measure of Money employed in Trade in any Nation bears an exact proportion to th● Interest paid for Money As for instance when Money was at 10 per Cent in England no man in his wits would follow any Trade whereby he did not promise himself 14 or 12 per Cent gain at least when Interest was at 8 the hopes of 12 or 10 at least was necessary as 8 or 9 per Cent is now Interest goes at 6 per Cent the Infallible Consequence whereof is that the Trades before recited as well as those of Muscovy and Greenland and so much at least of all others that will not afford us a clear profit of 8 or 9 per Cent we carelesly give away to the Dutch and must do so forever unless we bring our Interest nearer to a Par with theirs and hence in my poor Opinion it follows very clearly that if our Interest were abated one third part it would occasion the employment of one third part more of Men Shpping and Stock in foreign and domestick Trades This discovers the vanity of all our Attempts for gaining of the White-Herring Fishing-Trade of which the Dutch as every body observes make wonderful great advantage though the Fish be taken upon our own Coasts I wish as many did take notice of the reason of it which theref●re I shall say something of now though I have touched it in my former Treatise The plain case is this A Dutch-man will be content to employ a Stock of 5 or 10000 l. in Burses materials for Fishing Victuals c. for the carrying on of this Trade and if at the winding up of his Accounts he finds he hath got clear communibus annis for his Stock and Adventure 5 per Cent per Annum he thanks God and tells his Neighbours he hath had a thriving Trade Now while every sloathful ignorant man with us that hath but wit enough to tell out his Money to a Gold Smith can get 6 per Cent without pains or care Is it not monstrous absurd to imagine that ever the English will do any good upon this Trade till they begin at the right end which must be to reduce the Interest of Money Secondly The depraved nature of man affecting ease and pleasure while use of Money runs at 6 per Cent hath always at hand an easie expedient to indulge that humor and reconcile it to another as considerable viz. his Covetousness by putting his Money to use and if a Merchant through his youthful care and industry arrive to an Estate of 20000 l. in twenty Years trading whilst Money is so high and Land so low he can easily turn Country Gentleman or Usurer which were Interest of Money at 4 p●r Cent he could not do and consequently must not only follow his Trade himself but make his Children Traders also for to leave them Money without skill to use it would advantage little and purchasing of Lands less when the fall of Interest shall raise them to twenty or thi●ty Years purchase which I hope yet to live to see Thirdly From this necessity of Merchants keeping to their Trade and Childrens succeeding their Fathers therein would ensue to Merchants greater skill in Trade more exact and certain correspondency surer more trusty Factors abroad those better acquainted concatinated together by the experimental links of each others Humors Stile Estate and Business And whereas it is as much as a prudent man can do in ten Years time after his settling in London to be exactly well fitted with Factors in all parts and those by Correspondency brought into a mutual Acquaintance of each other and honest Work-men
Market than the Old English Merchant And those that can sell cheapest will infallibly engross the whole Trade sooner or later 3. Of all the American Plntations his Majesty hath none so apt for the building of Shiping as New-England nor none comparably so qualified for the breeding of Sea-men not only by reason of the natural industry of that people but principally by reason of their Cod and Mackerel Fisheries And in my poor opinion there is nothing more prejudicial and in prospect more dangerous to any Mother Kingdom then the encrease of Shiping in their Colonies Plantations or Provinces 4. The People that evacuate from us to Barbadoes and the other West-India Plantations as was before hinted do commonly work one English man to ten or eight Blacks and if we kept the trade of our said Plantations intirely to England England would have no less Inhabitants but rather an encrease of people by such evacuation because that one English man with the ten Blacks that work with him accounting what they eat use and wear would make employment for four men in England as was said before whereas peradventure of ten men that issue from us to New-England Ireland what we send to or receive from them doth not employ one man in England To conclude this Chapter and to do right to that most Industirous English Colony I must confess that though we loose by their unlimitted Trade with our Foreign Plantations yet we are very great Gainers by their direct Trade to and from Old-England Our Yearly Exportations of English Manufactures Mault and other Goods from hence thither amounting in my opinion to ten times the value of what is Imported from thence which Calculation I do not make at randum but upon mature Consideration and peradventure upon as much Experience in this very Trade as any other person will pretend to and therefore when ever a Reformation of our Correspondency in Trade with that people shall be thought on it will in my poor Judgment require great Tenderness very serious Circumspection FINIS A Small TREATISE Against USURY TO leave the proofs of the unlawfulness of Usury to Divines wherein a number as well Protestants as Papists have learnedly Written here is only set down some Arguments to shew how great the hurt is it doth to this Kingdom which hath no Gold nor Silver Mines but plenty of Commodities and many and great Advantages of Trade to which the high rate of Usury is a great prejudice and decay For proof how much the high rate of Usury decays Trade we see that generally all Merchants when they have gotten any great Wealth leave Trading and fall to Usury the gain thereof being so easie certain and great whereas in other Countries where Usury is at a lower rate and thereby Lands dearer to purchase they continue Merchants from Generation to Generation to inrich themselves and the State Neither are they rich Trades-Men only that give over Trading but a number of Beginners are undone or discouraged by the high rate of Usury their Industry serving but to Enrich others and Begger themselves We also see many Trades themselves much decayed because they will not afford so great a gain as Ten in the Hundred whereas if the rate of Usury were not higher here then in other Countries they had still subsisted and flourished and perhaps with as much Advantage to the Publick as those that do bring more to the private Adventurers Yet are not those the greatest hinderances the high rate of Money brings to Trade our greatest disadvantage is that other Nations especially our Industrious Neighbours the Dutch are therein Wiser then we For with them and so in most Countries with whom we hold Commerce there is not any Use for Money tollerated above the rate of Six in the Hundred Whereby it must of necessity come to pass though they have no other Advantages of Industry and Frugality that they must out-Trade us for if they make return of ten per Cent they almost double the Use allowed and so make a very gainful Trade But with us where ten in the Hundred is so currant it is otherwise for if we make not above ten we are loosers and consequently the same Trade being with them and us equally good for the Publick is to the private Adventurers lossful with us with them very gainful And where the good of Publick and private Mens go not together the Publick is seldom greatly advanced And as they out-Trade so they may afford to under-sell us in the Fruits of the Earth which are equally natural to our and their Lands as to our great shame we see our Neighbours the Dutch do even in our own Country For in most Commodities the Earth brings forth the Stock imployed in Planting and managing of them makes a great in many the greatest part of their Price and consequently their Stock with them being rated at six in the Hundred they may with great Gain under-sell us our Stock with us being rated at ten And as they may out-Trade us and under-sell us so are all Contributions to the War works of Piety and Glory of the State cheaper to them then to us For the Use for Money going with us near double the rate it doth in other Countries the giving the same Sum must needs be double the charge to us it is to them Amongst other things which the King with so much Wisdom delivered to the House of Parliament he committed to their Considerat on the Ballancing of Trade and Commerce wherein there is nothing of greater consequence then the rate of Usury which holds no Proportion with us and other Nations to our disadvantage as by Experience we see and feel Neither is the high rate of Usury less hurtful to Commerce within the Land the Gain by Usury being so easie certain and extream great as they are not only Merchants and Trades-men but Landed-men Farmers and men of Profession that grow Lazy in their Professions and become Usurers for the rate of Usury is the measure by which all men Trade Purchase Build Plant or any other ways bargain It hath been the Wisdom and Care of former Parliaments to provide for the preservation of Wood and Timber for which there is nothing more available then the calling down of the high rate of Usury for as the rate of Money now goeth no man can let his Timber stand nor his Wood grow to such years growth as is best for the Common-Wealth but it will be very lossfull to him The stock of the Woods after they are worth forty or fifty Shillings the Acre growing faster at ten in the Hundred then the Woods themselves do And for Shipping which is the strength and safety of this Land I have heard divers Merchants of good Credit say that if they would Build a Ship and let it to any other to imploy they cannot make of their Money that way counting all charges tear and wear above ten or twelve in the Hundred which can
a procur●ng cause of Riches 2. Whatever doth Improve the Rent of Farms must be a procur●ng cause of Riches 3. Whatever doth Encrease the bulk of Foreign Trade must be a procur●ng cause of Riches 4. Whatever doth Multiply domestick Artificers must be a procur●ng cause of Riches 5. Whatever doth Encline the Nation to Thriftiness must be a procur●ng cause of Riches 6. Whatever doth Employ the Poor must be a procur●ng cause of Riches 7. Whatever doth Encrease the Stock of People must be a procur●ng cause of Riches Now that the abatement of Interest will advance the value of Land I prove first by Experience for certainly Anno 1621. the currant price of our Lands in England was twelve Years purchase and so I have been assured by many antient Men whom I have queried particularly as to this Matter and I find it so by purchases made about that time by my own Relations and Acquaintance and I presume that any Nobleman or Gentleman of England by only commanding the Stewards of their Mannors to give them Lists out of the Records of any Mannors or Farms that their Grand-Fathers or Fathers bought or sold fifty Years past will find that the same Farms to be now sold would yield one with another at least treble the Mony and in some cases six times the Mony they were then bought and sold for which I submit still to the single and joynt Judgments of the honourable Members of both Houses of Parliament who being the greatest Owners of our Territory are in their private as well as in their politick Capacities the most proper and experimental Judges of ●his Case if the Antient of them will please to recollect their Memories and the Younger will please to be informed by their Elder Servants and if this be so it cannot be denied but the abatement of Interest by a Law hath greatly advanced Lands in purchase as well as improved Rents by meliorating the Lands themselves those improvements by marling limeing draining c. having been made since Money was at 8 and 6 per cent which 10 per cent could not bear And to prove that Lands were then at twelve Years purchase I have the written Testimony of that incomparable worthy Person Sr Thomas Culpepper Senior who page 11. of his first Treatise expresly affirms That Land was then at twelve Yea●s Purchase who being himself a grave and antient Parliament Man and dedicating his Book to the then Parliament whereof he was then a Member cannot without horrible uncharitableness be presumed to impose upon his Country And now that our Interest is at 6 per cent as the same worthy Author did wisely fore-see I appeal to the Judgment and Experience of my Country Men whether the genuine price of our Lands in England now would not be 20 Years Purchase were it not for accidental Pressures under which it labours at present such as these 1. Our late great Land Taxes 2. And principally the late great Improvement of Ireland mentioned in my former Treatise the consequence whereof is that that Country now supplieth Foreign Markets as well as our own Plantations in America with Beef Pork Hides Tallow Bread Beer Wool and Corn at cheaper Rates then we can afford to the beating us out of those Trades whereas formerly viz. presently after the late Irish War many Men got good Estates by Transporting English Cattle thither And that the Improvement of Ireland is the principal cause why our Lands in purchase rise not as naturally they should with the fall of our Interest appears evidently from the effect the fall of Interest hath had upon Houses in London where the growth of Ireland could have no such destructive influence which hath been so considerable that whosoever will please to inform themselves by old Scriveners or antient Deeds shall find that a House in London about fifty Years past that would sell but for 300 l. at most would readily sell within a short time after Interest was brought to 8 per cent at 5 or 600 l. and the same Houses to be sold sometime after Interest was brought to 6 per cent viz. before and after the late Dutch War would have yielded without scruple 1000 or 1200 l. The abatement of Interest having had a double effect upon Houses by encreasing Trade and consequently raising Rents as well as encreasing the number of Years purchase 3. A third reason why Land doth not at present bear an exact proportion to 6 per cent which should naturally be twenty Years is the late Plague which did much depopulate this Kingdom 4. The late Fire in London which hath engaged Men in Building in the City who otherwise would have been purchasing in the Country 5. The unusal plenty of Corn which hath been for these three or four Years past in most parts of Christendom the like whereof hath been seldom known it happening most commonly that when one Country hath had great plenty others have had great scarcity 6. The racking up of Rents in the Years 1651. and 1652. which was presently after the last abatement of Interest A seventh accidental Reason why Land doth not sell at present at the rate it naturally should in proportion to the legal Interest is that innovated practice of Bankers in London which hath more effects attending it then most I converse with have yet observed but I shall here take notice of that only which is to my present purpose viz. The Gentlemen that are Bankers having a large Interest from his Majesty for what they advance upon his Majesties Revenue can afford to give the full legal Interest to all Persons that put Money into their hands though for never so short or long a time which makes the trade of Usury so easie and hitherto safe that few after having found the sweetness of this lasie way of emprovement being by continuance and success grown to fancy themselves secure in it can be lead there being neither ease nor profit to invite them to lay out their Money in Land though at 15 Years purchase whereas before this way of private Bankering came up men that had Money were forced oft-times to let it lie dead by them until they could meet with Securities to their minds and if the like necessity were now of Money lying dead the loss of use for the dead time being deducted from the profit of 6 l. per Cent communibus annis would in effect take off 1 l. per Cent per Annum of the profit of Usury and consequently incline men more to purchase Lands in regard the difference between Usury and Purchasing would not in point of profit be so great as now it is this new invention of Cashe●ing having in my opinion clearly bettered the Vsurers trade 1 or 2 per Cent per Annum And that this way of leaving Money with Gold-Smiths hath had the aforesaid effect seems evident to me from the scarcity it makes of Money in the Country for the Trade of Bankers being only in London
end of the Law and the perfect Execution of his Off●ice that is suppose he should carry this poor wretch to a Iustice of the Peace and he should order the Delinquent to be Whipt and sent from Parish to Parish to the place of her Birth or last Abode which not one Iustice of twenty through pitty or other cause will do even this is a great charge upon the Country and yet the business of the Nation it self wholly undone for no sooner doth the Delinquent arrive at the place assigne● but for Shame or Idleness she presently deserts it and wanders directly back or some other way hoping for better Fortune whilst the Parish to which she is sent knowing her a Lazy and perhaps a worse qualited person is as willing to be rid of her as she is to be gone from thence If it be here retorted upon me that by my own confession much of this mischief happens by the non or ill Execution of the Laws I say better Execution then you have seen you must not expect and there was never a good Law made that was not well executed the fault of the Law causing a failure of execution it being natural to all Men to use the remedy next at hand and rest satisfied with shifting the Evil from their own Doors which in regard they can so easily do by threatning or thrusting a poor Body out of the verge of their own Parish it is unreasonable and vain to hope that ever it will be otherwise For the Laws against Inmates and empowering the Parishioners to take Security before they suffer any poor Person to Inhabit amongst them it may be they were prudent constitutions at the times they were made and before England was a place of Trade and may be so still in some Countries but I am sure in Cities and great Towns of Trade they are altogether improper and contrary to the practice of other Cities and Trading Towns abroad The Riches of a City as of a Nation consisting in the mul●itude of Inhabitants and if so you must allow Inmates or have a City of Cottages And if a right course be taken for the Sustentation of the Poor and setting them on Work you need invent no Stratagems to keep them out but rather to bring them in For the resort of Poor to a City or Nation well managed is in effect the cons●●x of Riches to that ●ity or Nation and therefore the subtil Dutch receive and relieve or employ all that come to them not enquiring what Nation much less what Parish they are of Question 3. The third Question If the defect be in our Laws how shall we find a remedy that may be ra●ional and consistent This I confess is a hard and difficult ques●ion it is one of the Ardua Regni and may very well deserve the most deliberate consideration of our wisest Counsellors And if a whole Session of Parliament were employed on this singular concern I think it would be time spent as much to the glory of God and good of this Nation as in any thing that noble and worthy Patriots of their Country can be engaged in But seeing I have adventured thus far I shall humbly proceed to offer some general proposals that have a tendency towards the effecting this great Work which being seriously thought of and debated by wiser men may be capable of such melioration as may render them in a great measure effectual to the Kingdom in general although at present to prevent that common Objection that great Mutations are dangerous I shall only propose them to be experimented in these parts of the Kingdom which are the Vitals of our body politick which being once made sound the care of the rest will not be difficult Proposition 1. First then I propose That the City of London and Westminster Burrough of Southwark and all other places within the usual Lines of Communication described in the weekly Bills of Mortality may by Act of Parliament be associated into one Province or Line of Communication for relief of the Poor 2. That there be one Assembly of men and such as they shall from time to time appoint and deputise entrusted with the care for and treasure of all the Poor within the said Pale or Line of Communication 3. That the said Assembly be incorporated by Act of Parliament with perpetual Succession by the name of Fathers of the Poor or some other honourable and significant Title 4. That all Constables Church-wardens Overseers or other Officers in all Parishes within the said Line be subordinate and accomptable to the said Fathers of the Poor and their Deputies for and in all things relating to the Poor 5. That the said Fathers of the Poor may have liberty to assess and receive into their common Treasury for relief of their Poor so much Money from every Parish as they yearly paid to that purpose any of the three Years preceding this Constitution and to compel the Payment thereof but not of more 6. That the said Fathers of the Poor and their Deputies may have very large and sufficient power in all things relating to the Poor and particularly to have and receive the charitable benevolence of all Persons once every Lord's Day in every Parish-Church and in any other Meeting of Pious Christians and at any other time or times which they shall think fit 7. That the said Fathers of the Poor and such as they shall authorize may have power to purchase Lands erect and endow Work-houses Hospitals and Houses of Correction and to exercise all other Powers relating to the Poor that any number of Iustices of the Peace now may do in their Quarter-Sessions or otherwise 8. That the said Fathers of the Poor may have Power to send such Poor beyond the Seas as they shall think fit into his Majesties Plantations taking Security for their comfortable Maintenance during their Service and for their freedom afterwards 9. That the said Fathers of the Poor may have Power to erect petty Bancks and Lumbards for the benefit of the Poor if they shall find it convenient and also to receive the one half of what is paid at all the Doors of Play-Houses and have the Patent for Farthings and to do whatever else his Majesty and the Parliament shall think fit to recommend to them or leave to their discretion 10. That the Treasure that shall be collected for this purpose be accounted sacred and that it be Felony to misapply conceal lend or convert it to any other use or purpose whatsoever 11. That there be no Oaths or other Tests imposed upon the said Fathers of the Poor at their admission to bar our Non-conformists amongst whom there will be found some excellent Instruments for this good Work and such as will constantly attend it for if they be kept out the People will be cold in their Charity and in their hopes of the success 12. That the said Fathers of the Poor may constantly wear some honourable Meddal such
Bags when the Plantiff and Defendant have tired their Bodies distracted their Minds and consumed their Estates the Cause if ever it be ended is commonly by order of that Court referred to Merchants ending miserably where it might have had at first a happy issue if it had begun right From whence follows these National Inconveniencies 1. It is a vaest Expence to the Persons concerned 2. It takes off Men from following their Callings to the Publick loss as well as the particular Damages of the concerned that time being lost to the Nation that is spent in Law-Suits 3. It makes Men after they have once attained indifferent Estates to leave Trading and for ease to turn Country-Gen●lemen whereas great and experienced Men are the only Persons that must mate the Dutch in Trade if ever we do it 4. It is my opinion a great cause of the Prodigality Idleness and Injus●ice of many of our Masters of Ships in England and co●sequently a wonderful bar to the growth of our English Navigation who knowing that their Owners cannot legally eject them especially if the Master have a part of the Ship himself but that Remedy to the Owners will be worse then the Disease which occasions Masters to presume to do those things and be guilty of such neglects as naturally they would not if they stood more upon their good behaviour I could say much more of the Damage this Nation sustains by the want of a Law-Merchant but that is so evident to all Mens Experience that I shall not longer insist upon it but proceed humbly to propose some particulars which being duely considered may peradventure by wiser Heads be improved towards the cure of this evil viz. 1. That it be Enacted that there shall be erected within the City of London a standing Court-Merchant to consist of twelve able Merchants such as shall be chosen by the Livery Men of the said City in their common Hall at the time and in the manner herein after limitted and appointed 2. That the said twelve persons so to be Elected or any three or more of them sitting at the same time and place and not otherwise shall be accounted Iudiciary Merchants and Authorized to hear and determine all Differences and Demands whatsoever which have arisen and are not hitherto determined or may any ways arise between Merchants Trades-Men Artificers Masters and Owners of Ships Sea-Men Boat-Men and Freighters of Ships or any other Persons having relation to Merchandizing Trade or Shiping for or concerning any Account or Accounts of Merchants Freight of Ship or Goods Bill or Bills of Exchange or Bills of Bottomry or Bumery or for Work done upon or Materials delivered to the use of any Ship or Money due for sale of Goods or any other thing relating to Trade or Shiping 3. That any three or more of them as the Iudges lately did at Clifford's Inn may proceed sumarily to the hearing and determining of any such Differences and that their Sentence shall be final from which there shall be no Appeal or Review otherwise then as is hereafter mentioned nor any Writ of Error lie for the removal or reversal of the same 4. That they or any three of them may so issue ou● Summons for ●●●●vening all Persons before them a● the Judges did c. 5. That they be a Co●●e of Records a● the Judges were c. 6. That they take ●othing for their own pains directly or indirectly bu● six pe●ce each for Signing every final Order in every Cause whereof the value of the Money to be paid doth not exceed 10 l. And 12 d. for all Causes not exceeding 100 l. and only 2 s. each for all Causes exceeding the value of 100 l. The said Fees to be due and payable only to such and so many of the said Iudiciary Merchants as heard the said Cause and Causes and Signed the Iudgments or final Decrees in them 7. That for Rewards to Officers the Iudiciary Merchants do constitute a Table of reasonable Fees to be confirmed by the two Lord Cheif-Justices and Lord Chief Baron of the Exchequer 8. Tha● in any Case determined by a less number then seven of the said Iudiciary Merchants there may be an Appeal to seven or more as was lately practised in the afore-mentioned Judicature 9. That they may have power to levy Executions upon Estates real or personal with such Restrictions as the Parliament shall please to appoint 10. That the extent of the Iurisdiction of the said Court shall be to all Places within ten Miles of London or only to the late Lines of Communication as the Parliament shall think fit 11. That the said Iudiciary Merchants and their Officers before they exercise their Aut●ority take such Oathes as the Parliament shall please to appoint 12. That if any of the Iudiciary Merchants be Prosecuted for exercising any of the Powers that shall be committed to them they may plead the general Issue and give the Act in evidence for their Defence 13. That no Writ or Writs of ●●persedeas Certiorary or Injunctions out of any of his Majesties Courts shall superceed or stay Execution c. 14. The Act to continue Probationarily so long as the Parliament shall think fit 15. That the twelve 〈◊〉 Merchants shall be chosen Yearly by 〈◊〉 the Freemen that are Livery-men of London in the Guild-Hall of the said City o● by so many of them as shall be present at such Elections upon every Munday Yearly next before the Feast day of St Michael or as the Parliament shall appoint in manner following Every Livery-man then present to deliver unto any two such Aldermen and four Commoners as the Lord Mayor and Court of Aldermen for the time being shall appoint to take the 〈◊〉 or scruteny of Election a Paper containing the names of such twelve Persons as he thinks best to be Elected for the purposes afore-said setting his the said Electors own name on the back-side of the said Paper and the next Munday after in the said Guild-Hall the said two Aldermen and four Commoners or so many of them as shall have taken the Scrutin●y shall publickly declare unto the Lord Mayor Aldermen and Commoners then present who are the twelve Persons chosen by the majority of Votes and how many Votes each of them had 16. If it happen that any of the judiciary Merchants dye before the end of the Year or refuse to undertake the Trust it be lawful for the Livery-men to choose another or others toties quoties And the Lord Mayor being enjoyned to summon Common-Halls to that purpose 17. That every Year six of the old judiciary Merchants go off in course and be uncapable of being re-elected and six now ones chose in their stead viz. all the twelve to be re-chosen but only six of the old ones that had the most Voices to hold next Year although more of them should happen to be elected for the next Year Object 1. The many Objections that I can fore-see will be