THAT the Greatness of a Prince consists in the number of Subjects, and not in the extent of Territory, is a State-Maxim agreed to by all mankind; and that to pursue the certain, constant, and true Interest of the State, is another as universally believed, tho not at all time reduced into practice; which is often occasioned by the weakness of the Prince or his Ministers; I mean their incapacity, or want of qualifications to Govern.

That the Court-Party and Country-Party are silly and unhappy Distinctions, tending to the begetting Jealousies and mutual Distrust, are wholly inconsistent with the Good of Commonwealth; whose Interest is the same with the Kings, and so is his with hers, inseparably, indivisible, and ought to be immutable: And that when Princes take any other Measures, or pursue any other Interests than those of their own Kingdoms, which are plain and apparent; they are often embroil'd, sometimes banish'd, or put to death. Such fatal Ends usually attend imprudent States-men, and their Masters, who pretend to set up a different Interest from that of their People; which no Body can deny. That the Church, Presbyterian, Independent, Popish, Jacobite, Irish, French, Spanish, Scotch, Dutch, or any other Faction, are of pernicious Consequence to the State: That there be no Whig and Tory, no Fool and Knave, no Parties, nor Factions at all in the Court, Country, or City, nor in Councils Or­dinary or Extraordinary, Privy or Parliamentary: but a [Page 2]happy Harmony, calm Concord, and universal Tendency, in all Persons, to the true Interest of the Community, it being the whole, and every Individual's apparent Honour and Advantage, to contribute all they and he can to the Advancement of the Peace, Wealth, and Glory of the Re­publick; without the least touch or tincture of any mean Care, or sordid Application to that of the Re-private. No Self-Interest should have admittance here, no particular Be­nefit aim'd at, but so far as they are interwoven with that of the Body Politick. Great Complaint has always been made of want of Publick-spirited Men, of Honour, Hone­sty, and Integrity: It has been urg'd, that most Men are much inclined and strongly addicted to the heaping up of Wealth, and making their own Families (as the heaping up of Wealth, and making their own Families (as they call it) without due Regard to, or Respect for the Publick Good; which must be confess'd: However, we can't fail of having, even among us, some Men of noble and en­larged Minds, who will one Day step into Posts of Power, Profit and Honour, and shew the World the quite contrary Practices, and raise the Glory and Interest of their Native Country, beyond what it ever was, especially so great a Step having been made, and so good a Foundation laid in our happy Revolution and Settlement; and seeing that we have so good and gracious a King, that, if we are not wanting to our selves, will contribute all in his Power to make this Kingdom, and indeed all his Dominions, the most thriving and most flourishing Part of the World, in re­trieving our Military Honour, Naval Strength and Repu­tation; preserving, encreasing, and re-establishing our Fo­reign Commerce, and chastising the Insolence of all those that dare invade our Trade in any Part of the Globe; nay, the very Dutch themselves, (tho' his Country-men) if they should be so hardy to attempt it, as they have with good Success, and to their great Advantage formerly [Page 3]done, when we had less vigilant and less active Princes on the Throne. These are the best and truest Politicks, far exceeding and excelling those so fam'd of France; the Violent prosecution of which has brought that once rich, glorious and flourishing Kingdom, to its present mean and deplorable State; I may say, almost ruinous Condition: And such fatal Effects must and will always attend such foolish and impolitick Practices; bring shame and Co [...] ­sion to Prince, Damage and Destruction to the Com­monwealth.

The preservation, encrease and welfare of his Majesty's (King William) Subjects, and consequently of his Great­ness, Glory, and Renown; and of his Kingdoms true In­terest, Riches, Honour and Safety, is the sole Aim and Intent of these following Sheets, which will evidently ap­pear to all those that read them with Candor and Ingenui­ty, being without an sinister, evil, or private Design of the Author's; but rather of a great deal of Good, solid Good! Chearfully and heartily recommended to the Pub­lick, for its Sake of Advantage alone.

That the slow, deliberate and intelligible Reading of the establish'd Laws of this Kingdom, Capital, Corporal and Pecuniary, (of which two last it is wish'd there were more, and those certain, stated and six'd, not lest to the Arbi­trary; Breath of the Superior Judicatories, who are too of­ten bias'd, and influenc'd by the Court-Royal) on the Sunday-Afternoons, in lieu of double Sermons (of which many are very dull and insipid) this, without Reflection or Churches of Conventicles, would do more Good than they; besides, one Sermon is enough in one Day, and more than the People will remember eight and forty Hours: I say, this Reading of the Laws in all the Colle­giate and Parochial-Churches, would bring no dishonour to Religion, and they are very silly that fansie it, but [Page 4]would mightily tend to the Private and Pubick Good, as shall be clearly evidenced by and by. I don't see that the People have been, or are much the better for all the Preach­ing and Printing, that has been in Use for these many Years past, tho' 'tis their Fault and not the Clergies, who are Learned, and Laborious, and who are an Honour who our Nation, and vie with (and in my Opinion excel) all the Foreigners in the World in their Qualifications, of pure Doctrine and of holy Life, of indefatigable Applica­tion to the Ministry, in their Care of Souls, in their Cha­rity, Good Works, and Pious Examples; tho' whether the People will be ever the better for all this, I shall not pro­nounce; but this I may and will affirm, and I hope without the least Offence, That there is at present very little like­lyhood of it. And, if they cannot do any Good with them in their Religion, why should not we try what can be done in mending their Morals? Which, if my Proposal be receiv'd, may be accomplish'd; and if by this they should own) become the better Christians; so that 'tis the Clergies Interest (which is a thing they love and pursue as much or more (with Respect be it spoke to their Order and Function) that other Folks) to engage their Power and Authority to have this establish'd by Law.

This cannot be denied by any, the most silly, stubborn, or wilful, but that the greatest part of the Nation, No­ble, Gentle and Simple, Clergy and Laity, are in a great measure very ignorant of the Laws of this Land, which is a great deal of pity they should; for although it seems to be a peculiar and particular Province, a Profession and Employment of it self, yet all Laws being founded upon Reasons, (or at least such as was then, when they were en­acted, thought so) and solely intended for the Good and Behoof of the People, why should they be unacquainted [Page 5]with their Virtue and Power? And so lose their Benefit and Advantage of them, by ignorantly falling within the Lash, and Teeth of them, to the hazard, and sometimes loss of their Lives and Estates, and to the ruine of their whole Families, who are undone, and reduced to Extre­mities through the Miscarriages of their infortunate Prin­cipals, tho' they did not in the least contribute to it them­selves; which is really a Hardship and Severity. Now by the frequent reading and inculcating these Constitutions in­to their Heads, they would look before they leap, think before they act, and be very cautious in, and tender of violating the Establishments, for which they know they must pay so very dear. And seeing that great Numbers of People (too many I am sure!) being altogether ignorant of the Laws of their Native Country, tho' made by their Voice and Representatives, yet not one in five thousand ever reads a Capital Statute; I say, by this means they are often led or fall into Crimes that cost them their Lives: Now, 'tis for the Publick Interest to prevent their death, and save as many as we can from that ugly way of dang­ling by the Neck; there need not be one in ten hang'd of them that are: Is it not a shame and scandal to us as much as it is to them? Is it not a thousand Pities that so ma­ny handsom, jolly, lusty, brisk, young Fellows, in their ve­ry Bloom, should be tied up to that cursed Tree? No less pitied by the tender-hearted Ladies, in whose Service they had rather they should die, than lamented by most Men of Sense, as an irreparable Injury done to the Common­wealth: These poor in fortunate People, both Men and Women, might other ways expiate their Crimes, save their Lives, quit their former foul Practices, abandon their bad Company, and fall to Business, in some civil Employment at home or abroad, or in Military Affairs attend the King in his Wars, either by Sea or by Land, in the Defence of [Page 6]his Sacred Person, and their dear Country, and bravely sell their Lives at a Rate uncommon, and as their Country-Men (to their immortal Honour be it spoke!) usually do in their renown'd Battels and Sieges; whose Hearts and true-bred Courage are more brave than their Enemies, more firm and more solid, than the Walls of Stone or Earth they batter, or the Ships of Oak they bore. Oh whither will my Zoal for my own Country and Country-men Old England, and those tight Lads the English-men, transport me! The Subject it self inspires me, and I can hardly give o'er; 'tis no Digression, yet, if I carry it too far, it will be.

Publick Executions will never heal these Breaches of Laws, or prevent the ill Consequences of them; the loss of Fortune in the Prosecutor, and of Life in the Criminal: And of this we may be convinc'd, by the fruitless, tho' frequent, nay, almost Monthly Repetitions, for the Sessions are often held in this City: This publick Hanging do's not deterr the People; 'tis made a kind of Jest, a Game, a Ren­dezvous of Mob, Shouting and Hallowing, a sort of Holy-Day or Play-Day, at least an Idle-Day, (as the Fast-Days us'd to be) nay, and while the very Notion universally receiv'd among them continues in force, and operation, viz. That Hanging is nothing at all! only a wry Face, and a pist pair of Breeches; nay, I my self have lately, attended on Ladies, curious to see the Execution, especially when some extraordinary Business happen'd, and a Man to die for killing his Wife, which the whole Sex look upon themselves concern'd in, and deep, their All being wrapt up in their Life; we got as near the Gallows as we could, and heard and saw all that past; and when the Cart drew off, the Wo­men in our Coach ask'd, And is this all? As much as to say, Hanging is nothing at all. Nay, I remember a Drawer, some Years since, at the Rose-Tavern in West-Smithfield, was [Page 7]hang'd for murdering his Wife, tho' he saw a Fellow hang'd for the same Crime but two Days before he did it. So little Impression it made upon him! So little Terror it had in it self; I rather believe it seem'd a most easie Death to him, (as indeed it must be, for the Suffocation stifles and stupifies the Spirits, and cuts off the Communication be­tween the Vital and Animal, and is much gentler, and less painful than Bed-death) else he would not have carried his Wife abroad the Sunday following the Friday on which the t'other was tied up, and, almost in view of Tyburn, knock'd his Wife on the Head with his Master's Walking-Cane: A scurvy way of treating Wives, when they walk abroad with their Husbands! 'Tis in every Body's Mouth, that Laws were made in terrorem; Pray how was he ter­rified? He was rather embolden'd to the perpetration of that cruel, horrid and bloody Act, by the small Pain he thought was felt. But then you'll say, What will do? If laying down their Lives to atone their Crimes won't! Life being, in the general esteem, the most valuable thing in the World, yet by many it seems to be thought slight and worthless; A merry Life and a short, is a Tune of an old Date, yet every Day sung. So that sharper Deaths, and more Solemn, or loss of Liberty, by a long if not perpe­tual Imprisonment, might much more reform the English; for Life is not valued by them, so much as by other Na­tions; they are more lavish of theirs than any other Peo­ple; tho' Liberty (which they preferr to Life) is in high esteem with them; they are more Cholerick than some, and less Flegmatick than others of our Neighbours, viz. French or Dutch; they (I mean the English) prize their Liber­ty at a high Rate; witness the Blood and Treasure they have lost and spent to preserve it. An English Man in Prison and Chains, resembles that noble Man-like Majestick Crea­ture a He-Lion, Sovereign of Field and Forest, when new­ly [Page 8]taken and made close Prisoner. And certainly a de­privation of Liberty would be much more irksome and in­tolerable than Death it self, tho' attended with the usual Formalities.

You see plainly all our Hanging has not been able to clear our Roads from Highway-Men, or our Paths from Foot-Pads, those bloody and, barbarous Villains, universal­ly dreaded and detested. What frequent, what continual, nay, almost daily, Robberies of both those kinds have we? And this without any Redress, notwithstanding the great Care and Application of our August Senate in re-inforcing our Laws, and giving great Rewards to the Brave and the Hardy that shall seize upon these nimble Vermin, these Banditti, these Bog-Trotters, these Wills with a Wisp, that ride over Hedges and Ditches, in uncommon, unbeaten and untrodden Ways.

Transportation won't do the business, though that's a great deal better than Hanging, for the Commonwealth suf­fers by their death; that is, 'tis a loss to the Publick: So that Pecuniary and Corporal Punishments would soon cure these Evils, and remedy these Disorders: Working will do more than Whipping; and that at the Cart's tail, with a Dog-whip, through the Streets, is barbarous and Beast­like, and no where practis'd but in England: At Amster­dam they whip them upon a Scaffold, and with Birchen-Rods; it is sharp but short, and then away to the Rasp-House. I warrant ye you'll precisely cry out, I arraign the Laws of the Land, than which there are (say you, and a great many more that know no better) no whole­somer Laws in the World, being adapted to the Humour and Genius of the Nation. I find no Fault with our Esta­blishments, they are Good in the main; however, they would be better, if mended a little; I hope they are not, like the Medean and Persian, eternal, immutable; there [Page 9]may be Times and Seasons, Occasions and Mutations, which may make it absolutely necessary to abolish some, and en­act others. We in England have been, and are in the Wrong in some things, our Civil Conduct has some Flaws; which is visible by the Statutes of every Session; for none but the Laws of God and Nature are constant, certain, and unchangeable. While we are in this World we shall see Reason for the redressing some Things which will be al­ways amiss, and out of order: There must be some Refor­mation, (I don't mean in Religion, for that's well enough, if we can be quiet,) and the Dangers and Difficulties that attend such a Change, may be thought by some soft and weak Heads, to be vastly Great and Insuperable, tho' we shall evince the contrary, and make it clear even to De­monstration, that our Constitutions may be improv'd and alter'd to the vast and apparent Benefit of the whole Na­tion: Each Member of the Community will be for it, as having a share in the Safety and Welfare of it, and will be careful to prevent the Evil, and zealous to procure and pro­mote the Good of the Body Politick, (I am sure if he is a Politick Body he will.) And what if we have been, and are still in the wrong? Is it reasonable we should be always so? I remember at a Debate in the House of Lords, the late Duke of Buckingham, was of the late Earl of Shaftsbury's Sentiments that Day, but he chang'd his Mind the next, and voted against the Earl; upon which he being a little nettled, charg'd the Duke with Levity; who answer'd him very smartly, and said, That if he was a Fool yesterday, he would not be so all the Days of his Life.

I am indeed utterly and absolutely against Transportati­on of Fellons, (tho' it was thought Mercy by our Law) for two principal Reasons, and I hope they won't be con­temn'd by you. First, It answers not the Aim and Intent of the Law; that is, it has not the good Effect design'd by [Page 10]it; for they often return sooner than they should, and fall to their old Trade of Rogueing; and if they do stay a­broad, they are seldomer made better, but often worse, their very Travelling thither corrupts them, for most of the Sea­men with which they converse in their Voiage, are as ve­ry Thieves as themselves; and, when they arrive at the Plantations, they are sharpen'd in all manner of Villainies; and learn to cheat, and over-reach one another; which they think no Crime, and make no Conscience of, as I don't know how they should, for they have not any. The ve­ry Quakers themselves, who go voluntarily thither, and who, while here, are pretty exact and fair in their Dealing, when they come to America, prove the verriest Knaves, and the sharpest Rogues in the World. I have seriously ask'd a Friend (as those sly Hypocritical Rascals call one another in their Cant) what is the reason of that Change? Who slearing and whining answer'd me, Truly the Air al­ter'd 'em. When in reallity their Principles are naught, and being frequently pinch'd by Necessity, and meeting with Losses and Disappointments in their Voiaging thither, they are made ( Jew like) the more Mercurial, and in­deed are become a sort of cunning Traders and may vie with the suttle Genoese, who once had the Fame of being the Closest and most Politick Negotiators in this Part (at least) of the World. The Second Argument is, We are already too much exhausted by our Colonies, which may be one Day as fatal to us as it has been to the Spaniards, and would have been ere now, but that our Women are more chaste and prolifick than theirs; but then what hin­ders us again, Marriage is universally decried, run down and exploded; what was once counted an honourable State, begins now to be thought otherwise; and they are reckon'd Fools and Coxcombs, and fit for nothing but to be made Cuckolds, that do venture into the Nooze; and common [Page 11]Whoring is become much more Modish; which is very pernicious to the State, and hinders the great encrease of People; for those wandring Strumpets are as dark and bar­ren as the Grave▪ besides, the vast Number of gay and gallant Youth destroy'd in their Attacks, more than the Town and Castle of Namur cost us, or Fort-Knock added to the List. I shall mention nothing of the Court (nor Church, for I am sure it was not theirs, the Duke was in the bottom of that blessed Business) Persecution, towards the latter end of Charles the Second's Reign, which help'd to drain us; it fill'd the American Colonies, but emptied the English Kingdom; which, tho' an Island, is more worth to us than that whole Continent, as vast as it is. If these Reasons against Transportation won't satisfie, I could soon muster an Army of them. I must confess the present Practice is much more commendable, the sending them to the Army in Flanders, where they do their Country some Service, at least receive the Shot which might kill better Men. If this War holds, and for ought I see 'tis pretty like­ly, it will oblige us to be more careful and tender of our Peoples Lives, than for many Years past we have been.

Another Malady in the State wants Redress, and that is, the Mob Rampant, who commit strange Insolencies and Outrages; gutting of Houses (as they call it,) I suppose they'll come to gutting of People one of these Days. This, if not supprest in time, may be dangerous to the Govern­ment, and bring about some new Revolution. Massinello, the fam'd Neopolitan Fisherman began after that manner; besides, they will be embolden'd by their Impunity to at­tempt greater Things, when their Stream is turn'd ano­ther way, which is not very difficult to be done, a little Coin, sprinkled among them, will soon put them into a ferment, and where and when it will stop no Body knows; [Page 12]if these Extravagances are past over, or permitted, they'll suspect their Betters want Power, or are afraid to correct and humble them; which may engage them in new Com­motions, and endanger fresh Convulsions, which have sometimes fatal and pernicious Tendencies.

There have been more poor Rogues and Whores hang'd for stealing Silver Tankards out of Victualling-Houses of this City, than all the Plate in them is worth; that is, their Lives are of more value. Now, for Remedy of this Evil, I propose a Scheme thus. Suppose a Tankard, which is about five Pound Sterling value, be whipt up, and the Person taken, instead of committing him to New-Gate, I would have him sent to a Work-House, and there to re­main till he should, by his Labour, pay the Prosecutor the full Summ of five Pounds and Charges, besides his own Lodging and Diet in the Prison, and, when all that was paid, he should have his Liberty; but then you'll say, he'll to his old Profession; let him if he please, he shall be pu­nish'd, when caught, after the same manner, which will make his Heart ake, and tire him quite out, and break him of those Tricks soon: Liberty is not so contemptible as Life: And then, if he would not work, he need not be beaten to be brought to it, for 'tis but making a Vault with a Pump in it, and so let Water run into it, and put the Gentleman there, and let him stand till it comes up to his Mouth, when he must either pump or be drown'd; and if he can do that Work he may do other; besides, there is a more profitable Work than beating Hemp, to Rasp Dying-Woods, at which they can earn more: This way no Body would be a loser, the Victualler would have his Plate again, the Thief his Liberty, and the King his Subject; which he must for ever lose if he be hang'd, and so must the Man his Tankard; which is a Severity in our Law, and is also a feeble or weak side in it, and occasions [Page 13]the stifling of many Prosecutions, which would otherwise go on; but People are often help'd to their Goods again by the Thief-takers, as they call the Marshal's Men; but in reallity they are the sharers, for they come in for a snack with them; which to permit, is a shame and scandal to a Government; besides, this I am ready to mention, shews a Defect in our Constitution; I am robb'd, and tho' I have irrecoverably lost my Goods, yet I am oblig'd to Prose­cute, which gives me great Trouble, and puts me to Ex­pence, for which I am much the worse, but never a whit the better.

High-way Men, Foot-Pads, House-Breakers, Shop-Lifters, Cut-Purses, Pick-Pockets, Cheats, Sharpers, Hat, Sword, Handkerchief, Horse, Cow, Sheep or Hog-Stealers, with the numerous Gang of Filchers and lesser Vermin, of all sorts and sizes, would sooner be deterr'd from the Practice of any of these or other Rogueries and Villainies, by Im­prisonment and Bodily Labour, either for a certain term of time, in proportion to the greatness of smalness of their Crime, the Profits of which to the Commonwealth, or to work out the Theft as before, and to be honestly paid to the Sufferer: This last, rather than t'other, for then no Prosecutions could or would be supprest, but all, even the most minute Robberies and Cheats would come before the Magistrate; I say, this would more effectually extirpate and root out all the Crimes, Misdemeaners and Miscarriages in a State, than Whipping, Burning, Transporting, or Hang­ing, which is the last stroke, and which is, by much, the worst of them all.

And now, for Example, I will first instance in a High­way Robber: Suppose one taken, try'd and convicted of taking twenty Pounds from one Man, and thirty Pounds from another; he should be sentenced to Imprisonment, and painful bodily Labour, till Money should arise by his [Page 14]Sweat to pay the whole Fifty Pounds, which might be ea­sily done in three or four Years, or less time, and he main­tain'd, lodg'd, dieted, and cloathed; for he may earn eigh­teen Pence per Diem: This long Confinement, and hard Service, would baulk his Stomach, and spoil his Appetite to the old way of Padding, the very Gang and Knot would be broke and dispers'd: This to an English Man, so fond of Liberty, would be more formidable than that ignomi­nious Death, to which they are now only obnoxious; it would put them upon some Consideration how to get a Livelyhood by some fair and honest Method; they would to the Army Voluntiers, or to the Navy Reformades, or get some Civil Employment, or Secular Business, to pre­vent their falling into these terrible Punishments: Thus would our Roads be soon clear'd of all these troublesome Vermin, and the whole Nation left to pursue their Busi­ness, or their Pleasure, with Satisfaction and Safety of Mind, Person, and Pocket, without the least dread of drop­ping into these unlawful Ambuscades; besides, what Sa­tisfaction is it to me to prosecute any of these sort of Law-Breakers, when I have lost my Money, which I am sure never to recover again, but spend more, and have a great deal of trouble into the Bargain, (of which very few Peo­ple are fond;) nay, sometimes the remaining Gang threa­ten to revenge the death of their Associate on the Person of the Prosecutor; which, if it be not always perform'd, yet it leaves an impression of Fear upon a Man which makes him uneasie in his Business. 'Tis evident, beyond Contradiction, that all the Methods hitherto propos'd and reduced into Laws, have not been able to suppress this sort of Cattle, so injurious to the Community; the utter exstinction of whom should be our principal Care and Endeavour; there being more likelyhood of their encrease than decay, especially when they have a prospect of be­ing [Page 15]re-inforc'd by a Disbanding of our present numerous Army, which must be, upon a Peace, which will come at one time or another, and will be general, and so conse­quently no more Work for the Sword, at least, for some Years to come; which will put the Private Soldiers to en­gage in Foot-Padding, and the Officers to the Roads, it being a rarity to hear of a Son of Mars with full Poc­kets; I assure you they are seldom Usurers, or put their Money out to Interest, they are for a merry Life and a short one; live without thought of the Morrow, according to our Saviour's Command, they let the Morrow take Care for it self; tho' I believe not from a Principle of Christi­anity, but of Carelessness rather: This Fate usually attends them, as it does Whores and Witches, if they chance to escape Lead and Iron, and live to behold, which many of 'em do, they are sure of Poverty and Pain.

Our wise Senate is at all Times, and upon all Occasions, very Tender of the Lives of their Fellow-Subjects, and are willing to receive and debate upon all Proposals that bend that way; and who knows but this may fall into some of their Hands? Partake of Life and Vigour by that means, and suddenly sprout out into a happy Law; they are Men studious of the Publick Good; indeed they are the only Publick and Noble-spirited People among us, they are always for the Advancement of the Wealth, Greatness, Honour and Interest of Old England; and we had been long since sunk into an Abyss of Ruine, and irrecoverably lost, if our Patriots had not appear'd Stout and Couragi­ous, and in time rescu'd us from the Impendent Dangers. The poor Women, who us'd to be hang'd up for a slight Matter, and were excluded the Benefit of Clergy, have it now without reading; which is a commendable Conside­ration: And tho' this Method has not, had any extraordi­nary Effect; that is, it has not prevented Thefts, Robbe­ries, [Page 16]Cheats, and such like Actions, yet it has sav'd the Lives of abundance of poor infortunate Creatures, and gi­ven them fair warning to have a care of a Halter; yet if this Sizing in the Hand were converted to a Temporary Confinement, and hard Corporal Labour, it would, with­out doubt, have a better Effect. The Dutch are so very Cautious in taking away the Life of the meanest of their Subjects, that they must have very clear and home Proof, own'd and confirm'd by the Party's Confession, else they won't put them to death; I saw a little light-timber'd Wench, who was in their Rasp-House, committed upon Suspicion of Murdering her Mistress; and although there were all the concurring Circumstances in the World, yet she denying of it absolutely, after she had been three times tortur'd, in which most of her Bones were dislocated, she was damn'd to thirty Years Imprisonment; and, I assure you, no idle People live in those Places. And, tho' I am for no Dutch-Government, but a Monarchy rather than a Commonwealth; and tho', I think, we have little need to Copy after them, yet 'tis not dishonourable to Correct our Constitutions, or to learn from a Neighbour, Wisdom being to be obtain'd where-ever we can find it. Bodily Pu­nishment, I mean Stripes, have seldom the good Effect in­tended, because 'tis forgot almost as soon as over, for to be sure, when all the Pain is past, the Punishment is no lon­ger remember'd; but loss of Liberty will make a deep Impression, will make a hole in their Hearts, and give them a great deal of Melancholy.

There are more Men and Women hang'd here (I mean in London) in a Year, than in Amsterdam, (which, tho' not so large in extent, yet 'tis very full of People, and has rather more for it's bigness than our Metropolis) and all the Seven United Provinces; not to mention what are ex­ecuted in all the other Parts of England, which, if re­duced [Page 17]to Number, would not be found inconsiderable. Now there are as great Rogues in Holland, and in o­ther Foreign Parts, as in England, but they punish them after another manner. The Romans had Pecuniary Punishments in great use among them; and how slight and trivial this may seem to some unthinking Peo­ple, yet, as I take it, the Pocket is one of the most sensible Places about a Man. Fines, when not Ex­travagant, and Arbitrary, but (as I said before) esta­blish'd, and known, would be paid, rather than to lie in durance. Nay, the Dutch Commonwealth is in great measure founded upon the same Bottom and Foot as the Roman: The Civil Law is in Vogue with them, and in­deed with the greatest Part of Europe, England ex­cepted, where 'tis run down, and our Common Law advanc'd above it; t'other is cramp'd and snub'd, and whip'd up into a Corner, and impeded mightily in its Progress and Practice.

'Tis a horrid Custom we have here in England, of Arresting, and whipping one another away to Prison, even when 'tis known they are Insolvent; every Body knows Prisons pay no Debts, yet have no Mercy, no Compassion, no, nor Consideration upon the Losses sustain'd by the poor infortunate Debtor, who being in a Way, and in Business, may retrieve his Misfor­tunes, and honestly pay every Man his due; but, if he be confin'd, all means are then taken away of im­proving or recovering a Fortune, and usually tends to the utter Ruine of his Person, Estate, and Family; all which might be preserv'd if other Methods were us'd; besides, there are more Debts lost by these cruel, foo­lish, and barbarous Customs, than any other way; [Page 18]more Men undone by this means, than by all other Ac­cidents whatever; and 'tis from the Melancholick Pro­spect of a Prison; to avoid which, and extreme Pover­ty (the usual Company in those Places) puts Men up­on flying into Alsatia and the Mint, many time be­fore they are driven to it by absolute Necessity; where they defraud all their Creditors, and live upon their Mo­ney, and at last starve, pine away, and die.

In time past Witches and Wizards us'd to encrease the Dead-List, their Executions were numerous and ve­ry common, but have declin'd ever since the People in general, the Judges and Juries in particular grew wiser; the youthful (which if any have, are the likeliest to un­derstand and use Charms, Inchatments and Spells) and the aged went together; the Ignorance and Malice of that Age spar'd neither, made no distinction of Sex, but were afraid of being smutted with the Black-Art; although there be no such thing, most weak and idle People being scar'd with Names and Notions, the com­mon People, even to this Day, call Astronomers, Astro­logers, Chiromancers, and Physiognomists, all Conjurers, and Cunning Men; when, alas, there's not one Drachm of Conjuration in the Matter; no Body wonders that the Mobile Vulgus should be thus tainted and affected; but tis a little odd, to find Multitudes of both Sexes, of good Education and Conversation, of the same Opinion still, and to think, nay, and sometimes to call him an Atheist, that will not believe the Existence of Witches, Conjurers, Necromancers, and such like Stuff; Subjects fit for a Romance, and would go down very well in those Wind-Mill Days, those Times of Chivalry and Knight-Errantry, which were the drowsiest, dullest, and [Page 19]most insipid Stories in the World, unhappy in being instill'd into Peoples Heads while young, which renders it difficult to exterminate them, if in their Years of Maturity, Discretion I can't call it, for some, nay, ma­ny never arrive at that. The Wizard and Witch­finders had formerly a mighty Trade of it; it was some Interest surely they had, as well as the Command, Thou shalt not suffer a Witch to live in the Land, that made them so diligent and zealous in their Discoveries; I have been told of a Parson, that, of late Years, seldom failed of providing half a Dozen of Witches or Wizards to welcome the Judges, and employ the Court, till his Tricks were discovered, and he (as he deserv'd) ex­pos'd with shame to the Publick Hatred. 'Tis unhap­py to have an ill Tongue, much Mischief is done there­by, which often returns upon themselves. Some fan­sie the Clergy keep up the Opinion of Witches, to a­muse the People, and to retain them in the Dark, the better to put of their bad Wares: Some say 'tis their Interest to do thus: But be it so or not, I shall not en­ter into the Controversie at this time, but I am very glad we have not so many of that sort of poor Witches as formerly; or, at least, that we don't hang them up so fast as we us'd to do, and make Witches where we found none, which destroy'd abundance of People; which was very detrimental to the Commonwealth, who suffer'd very much in the loss of the young, tho' not of the old Men and Women, especially of the last, who are then very little regarded, by being thought use­less and unprofitable, tho' the Men are not, who, if they had Employment, might have Issue even in the last Stage of their Lives, especially if the youthful slew not so fast from their cold Embraces, too near an ap­proach [Page 20]to, and resemblance of Death; the thought of whom, chills the warmest Blood, and baulks, for a short season, the choicest Pleasures of the most Gay and Airy.

Sodomy is seldom talk'd of, and, I hope, not pra­ctis'd in our chaste Northern-Clime; 'tis abominable almost to name it, so we shall dwell no longer upon the Subject, but banish it to Italy, Turkey, and those Sun­burnt Regions. This Crime fills not the Black-Warrant, and that which follows not much more.

Rapes are rare, and seldom affect the Life of the pro­secuted, because, for the most part, 'tis Trick and Man­agement, design to get a small Spill out of the time­rous and easie; besides, the Courts of Judicature are ve­ry tender on that side, it being by most Men thought difficult to execute, if the Party be obstinate; and, if not, 'tis no Rape; besides, the Sex are more melting and obliging than formerly, are easier won, and prevail'd upon to receive the Attack, and seldom venture so far, or hold out so long to hazard a Storm.

Bastards and their unhappy Parents come in too of­ten for a share in this Mortal Bill of Fare; which might be easily prevented, by appointing an Hospital at the Publick Charge, as in Foreign Parts, to receive the poor innocent Babes, and to make good Provision for them, who will soon pay the Expense of their Education, by their Services, being in Value far above the Charge, and of great Advantage to the Commonwealth; an Army of such would beat the whole World, especially, if it be true, That they are made with more Heat and Vigour, with more Life and Fire, and of better Metal [Page 21]than the lawful (as they call 'm, for distinction, tho' Nature knows no such difference) Issue. Besides, Mon­sieur, the present French King, takes mighty Care of that whole Race, and does 'em the Honour and the Grace to call them the Children of France, and sometimes the King's Children; By this Means they have no Mur­ders, nor Executions of this kind; no Embryo's destroy'd to save the Reputation of the Liquorish. Common Har­lotry is (as I touch'd before) very injurious to the State; Bigamy, Polygamy, or Any Gamy is better than that; but we are so Nice and Puritanical in some things, and so Large and Latitudinarian in others, that such Do­ctrine must be damn'd to Eternal Shades. Oh! 'twon't go down with tender Consciences, tho' I am of Opini­on they have neither tender nor tough; I am sure in other things they have not; but I am loth to make old Wounds bleed a-new. And so much for that Para­graph, which is shortn'd to prevent Offence; so loth I am to disoblige any Party, that, as I told you in my Pre­face, I would have no Party at all, but all pure Love and Friendship.

And for the Clippers, Coiners, Counterfeiters, False-Money Makers, Stampers, Melters, Exchangers of Broad for Narrow, of Good for Bad, Wholesale Men and Re­taylers, with the whole Nest; nay, rather, Army of Rogues and Jades, that have spoil'd almost all our Mo­ney, and render'd it uncurrent, difficult and very trou­blesome to lay out, or pay away, single or in Summs, that indeed 'tis so great an Unhappiness, and ill Acci­dent in our State, and at this very Juncture, and Cri­sis, I mean the War, that even the Taxes themselves are not so Burdensome: And all this is occasion'd by an [Page 22]universal Defect and Negligence, in permitting Crop'd Money to pass at first, and in only hanging the Of­fender, when caught, and fairly convicted by Proof undeniable; which reach'd but few of that vast Cor­poration, who have not in the least been deterr'd from these foul and pernicious Practices against the State; nor is it to be expected they are ever to be scar'd and baulk'd by Dangling, and tho' great Numbers of them (which as I hinted before weakens the Community) have of late Years danc'd that way, and been tied up from their Meat, and died in their Shooes, yet no abate­ment of their Villanies; for now although the greatest part of the old Coin (for the new is all vanish'd, has disappear'd for a long time) is pair'd very close, for they have gone over and over again with it, they are fallen to stamp Money that resembles the old very well, but, alas! is not worth two Pence half-peny the Shil­ling, of which they make great plenty, especially now, and ever since the Half-Crowns were impeded in their passing; nay, such is their Condescension, that they vouchsafe to make us new Six-pences, to assist us the ea­sier in our Exchange; and for the old crack'd Pieces which occasion'd a Provision in an Act of Parliament, they are rounded very handsomly, and made so small that they are not of Two-pence value. Now if these sort of Vermin, after a fair and legal Conviction, were doom'd to One and twenty Years Imprisonment and hard Labour, they would be damnably put to it: One Example of this kind would terrifie them more than the Hanging of a Hundred, which is forgot as soon as the Story is told, or read in the Publick Account: This would be always fresh in their view, and strike 'em to the Heart: What? an eternal Prisoner! (for so 'twould [Page 23]happen to some, who would die there,) and a kind of Slave too! Oh good God! say they, I'll have a Care of my Carkass, and my sweet Liberty: How miserable 'twill be to work daily? to live and die within the Grates: Those Iron-Barrs would frighten them more than they do, if they were to be longer in their sight: But they are in a Sessions now, about a Month, and sometimes come off, then with Joy they return to the old Game; I my self have been upon a Grand-Jury when there were Eight and twenty of these Varlets In­dicted, and we found the Bills against Six and twenty; and of all these there was but one (as I was afterwards inform'd by the Judge) executed; besides, when 'tis their Destiny to die, they take it pretty patiently, they die hard, as 'tis now call'd; that is, Obstinate and Im­penitent, and comfort themselves before-hand with the Thoughts of the termination of all their Griefs and Sorrows; and, besides, they have imbib'd this Doctrine, That 'tis no Sin against Heaven, but only against Hu­mane Laws, which they expiate by paying their Lives: Surely the Parsons don'd take so much Pains with these People as they should.

And now to conclude, for I think 'tis high time, I am not for those Sanguinary Laws, in use in Germany, Poland, Moscovy, and those colder Regions, where they hang a poor Rogue for stealing the value of a Halter, or a Goose, or such trivial and worthless thing; they are very sharp and severe in their Executions, which has not the wish'd Effect: Tho' this may seem more necessary in some of those Countries, which are often the Seats of War, and are always (even in Peaceful Times) cramm'd with Soldiers, an unruly and ungo­vernable [Page 24]fort of Gentlemen, and indeed, without a strict and tight Discipline, litte better than a Mob; the Bur­ghers or Citizens, nay, the Boors or Countrymen, could not enjoy their own, nor supply the Markets, or carry on their Trades; for the Martialists are Liquorish Forlks, and love good things, but don't care to Labour for them, 'tis something beneath the Style and Character they bear, being at their first Enlisting dubb'd Gentlemen, which they retain to the last Moment of their Lives: An honourable Bait to catch the Credulous and the Weak!

The French are hard-hearted and cruel, very rigid in their Executions; for Murder, Robbery, or Theft, the Wheel, the Gallies, crop their Noses, and slice their Cheeks: Theirs is a Country of Soldiers too, and un­der some kind of Necessity of severe Discipline and exemplary Punishment; for, in the lowest reform in Peace, there is maintain'd and kept on foot Ninety thousand Men, for the Land-Service only: And this must be confess'd, they are under the best Discipline in the World; they are mightily to be commended for it. The French, like the English, don't value common Hanging; I have seen a Valet dance upon the Scaf­fold, just before the Hempen Ribband was put on, so little they value that hard course Neck-cloth, tho' 'tis tied so hard it choaks 'em; but, since that breaking their Bones by degrees, and then giving the fatal Blow, with a ponderous Piece, of Iron, Robberies and Mur­ders are not so common and customary, they have been supprest in this Reign; as has Tilting, which us'd to be upon every slight and trivial Occasion, out come Toledo, or Bilboa, almost without any Provocation.

However, upon the whole Matter, I am clearly for the mild and gentle Laws and Government we live un­der, with exclusion to all other; nay, even I think it Severity and Cruelty to confiscate the Estate, tho' in Crimes of Laesae Majestatis, so to starve the Wife and Children, and ruine the whole Family of Innocents; not so much as knowing, and, to be sure, not at all con­cern'd in their infortunate Husband and Father's Fol­lies and Miscarriages. Lenity and Clemency have pre­serv'd many a Prince; whereas the contrary has de­stroy'd many a one, and involv'd their Kingdoms in Blood: Mercy is one of the chief Attributes of the Deity, and when Sovereigns are so, they imitate at least, if not come near to a God. 'Tis Natural and Humane to preserve rather than destroy; and therefore I shall end with this, That if my kind Tender of my Services to my Country were reduc'd into Practice, not One in Ten would be hang'd that are; which would be much to our Honour, Advantage, and In­terest.