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The Poor Mans Case · John Cook

The Poor Mans Case, Text (2 of 3)

He that Impl…ye… his Talent onelyonly to get Honours, pleaſures, of profits, prophanes his calling, living to another end then God has appointed, and an action will lye at the day of Judgement, againſt many rich men of all Trades and profeſſions, for abuſing their riches, For God commands them that are rich to be rich in good workes,A contra formam colationis f… offamenti. and releeve the poore, eſpecially in a deare time as this is, and many that put out their money to that unnaturall act of Generation for 100. l. to beget another and they will have the Intereſt, though the Creditor have loſt the principall, in theſe late calamities, a horrible ſhame that ſuch things ſhould be ſuffered, honeſt men plundered of their eſtates to lye in Goale for Intereſt, againſt the Law of God, and the Law of the Land, for all Intereſt money is forfeited by ſtatute, if but ſix pence be taken, againſt all reaſon and humanity for the Iriſh Rebells had ſo much mercy to Ordaine that no Uſury ſhould incurre in time of Warre, nor would the late Oxford party I am confident have ſuffered any of their Adheerents to have fotted in Priſon for principall or Intereſt, that Vſerers which have no lawfull calling, but a thing permitted for the hardnes of mens hearts, ſhould gaine in a time of Warre? fie upon it; fie for ſhame, but I truſt our moſt Honorable Worthies will ſtop that torrent of cruelty, and order a repayment to ſuch from whom it had been extorted. And others lock up their Gold or …ather their God in an Yron Cheſt, and leave their hearts there, as St. Anthony told a Uſurer that his heart was in his coffer, and the Legend ſaies that ſo it was,

But is not abundance, the gift of God, and a great eſtate, a bleſsing and may not every bleſsing be ſought, I anſwer, A bleſſ…ing may not be ſought, unleſſe it be a bleſſing to every one that hath it, as faith, Patience, Humility, &c. riches in our Saviours time were of the nature of thornes and bryers, th…y that will be rich fall into many ſnares, may any man Labour for ſnares, they have not changed their qualities, I know a rich Saint may doe abundance of good this deare yeere, and I would earneſtly entreat all rich Beleevers for the Honour of the Goſpell this dear time to do good to all, and eſpecially unto ſuch as be of the houſhold of faith Almes are the beſt Sermon noates in a deare yeere, and when rich men are liberall then the poor receive the Goſpell, but yet a man may not pray for a great eſtate, though he intend therewith to releeve the poore, for he that is of a bountifull affection being poor, poſſibly being rich may be of a covetous diſpoſition, for one poor man to love another is but Narciſſus like to love himſelfe, we ſee the love of money increaſes as the money comes in, and for any man to thinke if he had a great eſtate, hee would do much good with it, ſavors of pride as if a man ſhould brag that he could go upon Mountaines, and rough craggy places and tred upon thornes; how doeſt thou know but that thou maieſt be Covetous if thou wert rich, and no wiſe Saint will deſire more then is ſufficient for him in the Judgement of Godly men, for being liberall in affection, and reſolution, God accepts the Will for the deed, as in the Widdowes caſe, and it muſt needs be ſo for God workes both the will and the deed,Phil. 2 1… whereas if he were rich in poſſeſſions he might be covetous at leaſt he runs a hazard which no wiſe man will do, when he may go upon certainties, I wiſh the Saints would weigh this argument and tell me wherein it i…light, the caſe is thus, a Chriſtian that hath for the purpoſe 100. l, per annum or 2000, l. in perſonall eſtate, this man may live comfortably and make proviſion for poſterity, and doe many good charitable offices for the poore, now if this man can get another 1000. l. he reſolves to give it away to the poor, for effecting weereof he muſt ingage himſelfe in many troubles, riſe early, go to bed late, eate the bread of carefulneſſe, and ſcarce take time for moderate refreſhments; much leſſe can he afford to allow any time for the Excerciſes of Godlineſſe, to keep Religion alive in the power and purity of it, and nothing is more deceitfull then his owne heart, whether it be wiſdome for this man to imbarque into an angery Sea when hee may reſt in a ſecure harbour, in a Condition pleaſing to God and good men; Is the queſtion, which I conceive no wiſe Chriſtian but will diſlike it, beſides who knows whether it be not Gods will to exerciſe a Chriſtian impoverty, or a meane condition for the tryall of his Faith, and other glorious ends, beſt known to his divine Majeſty; but then what incouragement ſhall men have in their honeſt callings? much every way, if heavenly commodities were more eſteemed then earthly; what an excellent thing is it for a man to do good to all men in his generation! I am aſhamed to hear men commended forgetting great Eſtates, there is a noble Gentleman, if all be true that is reported of him, deſerves more commendation for his Liberality then many o…hers,Sir Paul Pindar. a wiſe man will make his owne hands his Executors, and his eyes his overſeers for the ſurpluſage of his eſtate, beſides what is convenient for poſterity.

But may not men get great eſtates honeſtly, I will not argue how great Eſtates are got in this Kingdome, but this I obſerve, that the richeſt men, are not the moſt liberall to the poore, the more ſhame for them, there are a Generation of miſerable wretches that like the Auncient Jews have ingroſſed a great part of the publique treaſure, and have vaſt eſtates, but do no good to any living creature, many of them are haters of their owne fleſh, and will dye Indebted to their backs and bellies, ſure t'is that they might be thought to be very poore, but Cardinall Richlieu would have told ſuch a fellow, you ſpend little in Clothes and dyet, therefore ſure you are full of money, tax him ſoundly, if a rich man did weare good cloths, and fared well, Sir ſayes he ti's a ſigne by your Clothes and dyet that you are full of moneys, I hope theſe Cormoggians will be met withall, one time or other, I am not a Jugde to name any man in particular, but let them take it for a warncing; If I doe not heere of their good deeds this deer yeare, (I doe not meane their bonds, and ſpecialties which they ſo dearly love and count their good Deeds ſealed and delivered) but if they be not charitable to the poore, I will doe my beſt to get a catalogue of them, that if they ſhall perſiſt in their baſeneſſe and cruelties they may be publiſht to the world and hooted at as Enemies, of humane ſociety. I would not be miſtaken as if I were an enemy to great Eſtates, the God of order hath appointed ſeverall degrees of men, and ſet them in their ſeverall ſtations; the rich to be liberall to the poore, and the poore to be ſerviceable to the rich, the greateſt Prince ſometimes or other may have need of the pooreſt man living, at leaſt of his prayers, therefore he ought not to ſuffer that man to famiſh for want of bread.

I am not of their opinion that drive at a parity to have all men a like, ti's but a Vtopian fiction, the Scripture holds forth no ſuch thing; the poore ye ſhall have alwayes with you, but there ought not to be a Beggar in England, for they live raher like beaſts them men; Holland is a true Common wealth, where none are ſo exceeding rich, nor any beggars permitted, yet different degrees amongſt them, Lords and others, but in Kingdomes and larger territories, there will be a larger diſproportion, corragious Noblemen are the walls of a Kingdome, and a rich bountifull man is like a Sun E…ll in the high way, every man is the better for him; and though he… give much away, yet in realitie he looſes no more by his Charity, then the Sun does by comparting his beames upon the earth, for it is but a ſowing, he that caſts his bread upon the waters ſhall finde it againe, And that Kingdome is moſt flouriſhing where the beſt men are the greateſt men, and the greateſt men, are the beſt men, at leaſt morrally good, for Juſtice, liberality, valor, and ſuch noble vertues, unleſſe a rich man be liberall and bountifull, there is no more need of him in a Kingdome, then of a Croſſe which the ſilly Papiſts put off their Hats too, leaſt they ſhould be hurt in their Journey, poore people are faine to reverence many cruell Ingroſſers, as the Indians do the Devill leaſt he ſhould get them into his clawes, or like the Baſilisk kill them with a frown, as for any hopes to right themſelves by Law, tis for a Lamb to contend with a Lyon, but when a rich man in place of authority is curteous to all, and liberall to the poore, the Kingdome is preferred in that mans Honors, and ſuch a man is a beautifull proſpect; I am no Advocate, for the poore further then to provide bread & neceſſaries for them, without which, life cannot be maintained, let rich men feaſt, and the poore make a hard meale, but let them have bread ſufficient.

Kings and Potentates, Noblemen, and Gentlemen, may rejoyce in their great eſtates, left unto them, and look upon them as tokens of Gods love, if they be bountifully minded, and give their bread to the hungry, and more then ordinarily in ſuch a deere yeere as this is likely to bee, but they may not by the Law of God make it the chiefe end and main ſtudy of their lives, to multiply riches, nor ſo much as to Improve their eſtates, unles they have a greater charge then their Anceſtours had, men of Honourable profeſſions as the law Phyſick and armes, and of publique Imployments in the Kingdome, may gaine a competence to raiſe their families, being eminent for vertues and deſert, yet there is a meane in ſuch a caſe to be uſed; but for Marchants and Trades-man, and Uſurers to gaine ſuch vaſt eſtates, as many have done It is neither warrantable in religion nor policie, for men in ſelling their commodities ought not to ſell as dear as they can, but as others may live by them and as they can afford it for a moderate gaine. As put caſe there were 6. ſhips of ſeverall owners laden with Sugars, Spices, Drugs, or any commodities to be Imported for the ſervice of this Kingdome, which all ariving ſafe the commodity would be afforded at 20. d. a pound, but it pleaſes God that 5. of them ſuffer ſhipwrack, now the 6th man ſels his Comodity for 5. s. a pound, and by 3. or 4. ſuch providences he becomes rich I ſay this ought not to be permitted, he ought in conſcience to have ſold his commodity as cheape as if the other ſhips had arrived, the Kingdome is but one body politique, and every member ought to have a care of the others preſervation, this Kingdome Is ſo populous and there are ſo manie of a trade, that one man can ſcarce live by another, In the Infancy of the world there was enough for every man,Gen. 30. therefore that pretty policy which Iacob uſed to make himſelfe rich with Labans loſs is no objection for Laban was willing to give him what he pleaſed, the Scripture is cleare in it, that every man is bound to do good according to his ability,Deut. 17.16.17, and that the King may not ſeeke abundance nor accumulate treaſure, and if not Kings certainly not Subjects.

I have read that in ſome places there are Herculean Pillars ſet to mens eſtates, that a Marchant ſhall get but 10000. l. another Tradeſman 5000. l. and ſo for others. and when they are worth ſo much, they muſt either trade for the publique good, or elſe give over their callings and give way to others, betaking themſelves to Gods immediate ſervice, or taking paines for Orphans, and Widdowes, that having ſmall perſonall eſtates left them, if they ſhould live upon the principall, it would quickly conſume and know not how to Improve it themſelves, therefore able experienced men beſtow their paines freely for them, for all Catholique Councells have ever condemned Vſury in point of Conſcience, by this meanes men would not be ſo covetous as now they are, for now mens deſires are infinite, the Covetous man is in a dropſie the more he gets, the more he deſires, the laſt thing that dyes in him, is a deſire of having more he makes no will till he lyes a dying & then dyes to think he muſt make his wil, ſome ſayes he, are wiſer then others & puts gold in his mouth becauſe he wil not give al away, he would fain keep ſome for another world, as the old wretch that ſent for a Prieſt to make his will, who bad him pray, not I ſayes he do you pray for me, or elſe why ſhould I pay you tithes, well ſayes the Preiſt ſhall I Write, do as I bid you ſayes Dives, Firſt I bequeath the ſoule of our Pariſh Prieſt to the Devill, what my ſoule ſayes the Scribe, no ſuch matter, yes thy ſoule ſayes he, for thou never reproveſt me for my covetouſnes, whereas if there were a Law that no man ſhould be worth above ſo much, then no man would deſire more, mens affections would not be ſo infinitely ſet upon wealth, but their deſires would be finite, and ſo much ſinne would be prevented, now that is ever the moſt Angelicall Law, which prevents ſin, and Politique, it muſt needs be, for one man cannot poſſibly be ſo exceſſive rich, but it muſt be upon the ruines of others, you may obſerve, that where there is one man ſo exceeding rich, thoſe that live neer him are moſt of them poore, for hee looks as eagerly after every ſmall purchaſe to joyne houſe to houſe, or rather to pluck down all the houſes but his owne, that the poor may not live too neer him, as a Hawke lookes after the Partrige; I like not alterations in government, when a Kingdome is well ſettlkd, but when we are upon the wing of Reformation, I wiſh it might be to purpoſe, but my deſire is not to write any thing herein, but what may advance Liberality, and advantage the poore theſe ſtrait times.

He argues for the continuance of ſtrong Beer and Ale, as being neceſſary for poore people, a preſervative of health, and a reſtorative in ſickneſſe, ſurely the man is extreamly miſtaken, for poore people cannot afford to buy any ſtrong Liquor, whil'ſt bread is ſo ſcarce, I meane principally the Country poore; who begin to make lamentable complaints already, many of them being ready to die for feare of being famiſhed to death.

If the poore drink any Ale this yeare, it muſt be very ſparingly, as ſome Italians uſe Wine inſtead of Oyle, or Butter, to get down breap (which ever loves a Companion) in the way of Toſts, now a Toſt in Ale hath 7. excellent properties.

1. It ſatisfies hunger.

2. It quenches thirſt.

3. It helps concoction, by removing obſtructions.

4. It cauſes ſleep.

5. It exhilerates the Spirits.

6. It gets a good Color, a lover of Toſts has ever a ruddy and a cheerefull countenance.

7. It keeps the to the fleame, therefore let no Toſt be loſt, as there hath been too much abuſe in that kinde.

If I may have bread ſayes one, I care not though I drink water all the winter.

In the laſt deare yeare, when Barley was about a Noble a Buſhell, Peaſe, and Oates, Fleſh, Butter, Cheeſe, and other Proviſions were plentifull; a poore man might have bought him a paire of ſhooes for 2. s. which now coſt him about 4. s. Oh ſaies a poore man laſt night, I would be content to goe barefoot this winter, if I were ſure to get bread for my poore Wife and Children; I confeſſe it melted my heart to heare it: I remember that Sir Knevet being to looſe one of his hands for ſtriking in the preſence Chamber; he Petitioned King H. 8. to vouchſafe him a pardon for his right hand, and he would willingly looſe his left, ſayes King H. ſince he is ſo ingenuous let him keep both his hands, oh, that the patient humility, and meeke ingenuity of the poore, that would be well contented with bread and Water might move the heart of the Kings moſt excellent Majeſty, the Nobles and Honourable Worthies in Parliament, the Noble Generall Sir Thomas Fairfax, and the Army under his Excellencies Command, the Aſſembly, and every honeſt man of abilities in the Kingdome, to reſolve as one man acting in their ſeverall ſphears of Government, and ſubjection to find out ſome timely expedient to prevent this eminent dearth and death of poore people, and to ſay with that Noble King Henry ſince the poore will be content with bread and Water without ſhooes; they ſhall have both Bread Beere and Clothes, to defend them from hunger, and thirſt and from the cold Winter,

But I hear the husbandmen cry out, that taxes and extraordinary charges are ſo great that he cannot ſubſiſt unles corne be deare; mark the conſequence, then it ſeemes the poore labouring man muſt pay for all, if there be barley enough to be had at 5. or 6, s. a buſhell, why may there not be ſome ſpeedy way thought upon to eaſe the Farmer, that he may afford to ſell it for halfe a crown, and 3. s. ſo as the poore may live, but whether barley be at 2 s, or 1. s. a buſhell it makes neither more nor leſſe in the Kingdome, there is a Myſtery in it, which I hope the Wiſdome of State will unfold, and prevent the ſad conſequences, which are otherwiſe likely to enſue before another Harveſt.

But it may be ſaid, what need any ſuch ſupplication ſince the worthy Juſtices may in every County if they pleaſe, reſtraine malting, & conſequently Alehouſes will fall with the weight of their owne Luxuriance; I agree it, and the Lord …tirre up their Hearts to bee faithfull and Couragious, but I conſider that the worthy Juſtices, are otherwiſe burdened with Country affaires, many weighty buſineſſes Incumbent upon them, for the publique good, therefore if they were for the preſent disburdened, and exonerated of ſo great a charge, and trouble, and that it were ſpecially recommended to the Committees in every Country or a Committee of moderation Accomodation, or proviſion, for the poore, appointed in every County to licence ſuch onelyonly in every neceſſary place to keepe Victualling houſes and to ſell good wholſome drink for paſſengers, as are the moſt ſober and beſt affected perſons to the Parliament, I ſuppoſe the price of barley, and conſequently all other g…aine and proviſion would deminiſh and abate, ſuch victuallers to be preſented and commended to the ſaid Committee by the Miniſter of every pariſh, where one or more Alehouſes are neceſſary if he be a man well affected to the publique, and ſuch and ſome of the beſt affected perſons in every Pariſh to be by the Committee appointed Superviſors of ſuch Victualling houſes, to looke diligently and narrowly into all exceſſive and exorbitant courſes, that ſhall be acted there, and to bring offendors before the ſaid Committee, to receave ſuch condigne puniſhment, as the wiſdome of Parliament ſhall ordaine drunkeneſſe and diſorders to be puniſh't five times more ſeverely then formerly, for the neceſſity of the Kingdome to provide bread for the poore, does neceſſarily require it.

But ſayes one, have not the Vintners given you a Fee to Plead againſt Alehouſes, that ſo Taverns may be more frequented? For good fellowes will be merry at any rate, and ſack will make them madder then ſtrong Ale or beere Nothing les, if it ſhould be ſo it is beſides my intentions, I wiſh that Sack might be ſold againe in Apothecaries ſhops as formerly, as being an occaſion of much ſin and wickedneſſe in this Kingdome, and if men of eſtates and ſober men finde it healthfull for them, let them keepe it; in their owne ſellars, for their private refreſhments, but to ſell it ſo publiquely as it is, is but to put a ſword into a mad mans hand, every man that can borrow but 5. s may go and be drunk with it, and then contemnes both divine and human authority; and ſcornes to be reproved by any man living, it is not ſo in other Countryes men dare as well be hanged as be drunke, the Vintners, Drawers, and exceſſive drinkers are all throwne into a Pond to coole themſelves, but pluckt out againe alive like drowned Rats and fined halfe their eſtates, and if they will not take warning, ſuch men ought not to live, It was but juſt to make a Law that every Vintner, that ſuffers a man to drink drunke in his houſe ſhould be fined 100. l. to the poore, and ſome corporall puniſhment, tis a fond objection that ſome men will be drunke with a little, 3. or 4. Gallants come in and drinke a Gallon or more of Spaniſh wine at a meeting, and yet Mr. Vintner minces the matter, and ſayes they drunke but little in his houſe, they had it before. A pint of Sack is a moderate refreſhment for 3. or 4. men, if they drinke a quart upon buſineſſe it may tollerably paſſe; but to carrouſe healthes and call for quart after quart, this ought to be ſeveerly puniſhed, if any mans braine be ſo weak, that a Glaſſe or two diſtempers him, this may be given in evidence without much difficulty and indoubtfull caſes, let the Vintners be acquitted conſult with the beſt Phyſitians, and they will tell you that a Pinte of Sack is more then ſufficient for any man to drink at one ſitting, but I do not yet conceive that the Taverns have any great influence upon the prices of Barley, I beleeve the Taverns have made many poore, but now the Alehouſes threaten to deſtroy them:Nemo Athleta ſine ſudore coronatur difficile e…t ſed tendit ad ar…a vi tus I know it is hard to reforme abuſes, and exorbitances in every trade and profeſſion, but no wraſtler or champion, is crowned without ſwearing, great Reformations are for the greateſt Courts, what miſcheifes are not occaſioned by drunkenneſſe, but what may not a Parliament do to prevent it?

A Parliament can do every thing for the publick good of the Kingdome, and certainly a greater good cannot be thought upon, then to prevent drunkennes, & to provide bread for poore people, without which we ſhall put the Lord upon a miracle for the preſervation of this Kingdome;Quid non corietas &c. ſed quid non Parliamentum. Therefore I ſ…ll in the loweſt degree of humility, Crave leave In forma pauperis to move our moſt Honourable Worthies for all the poore people in this Land, whoſe feares are very great, and their complaints and cryes already in many places moſt lamentable.

That Bread, Bread, Bread, for the Lord Jeſus Chriſts ſake bread, which we heare at New gate, Ludgate, and other Priſons, is but a fancy in compariſon, we are a Company of poore Priſoners, almoſt ſtarved and pined to death, if it be ſo indeed, the more ſhame to the Government of the Citty, and others who muſt anſwer for the bloud of every man that is famiſh't in Priſon for want of bread, be his offence what it will, for no Offendor may be poiſoned or famiſhed to death by the Law of Nations, it being abhorred by the Law of Nature; there needs no other ſin to bring the Plague into the Citty, which the Lord in his goodneſſe remove, and make the higher powers wiſe as Angells of light, before the wrath of the Lord break forth upon us, for ſuffering ſuch unmercifull domineering, over the bodies of poore creatures; poſſibly one old Vſurer has 20. ſlaves rotting and famiſhing to death, in ſeverall Dungeons: that he may make Dice of their Bones, as the Cuſtome is when the Priſoner is dead in Execution, the Creditor has Dice delivered him at the Office ſuppoſed in a fiction of Law to be made of the Creditors bones, and that is all that he gets by his cruelty, till he be delivered to thoſe Infernall Goalers to be tormented for ever, and if it were poſſible for ever after,Mat. 8.23.30.34. becauſe he had no pittie of his fellow ſervant: If there be ſo much barbarous cruelty uſed in all the world, as there is in this Kingdome concerning poore Priſoners, I dare looſe my life for it: the Turks and others beat their Galley ſlaves for their pleaſures, but they feed them that they may endure the blowes, but we caſt men into a Dungeon; and ſuffer them to rot and famiſh, now I hyſitians will agree with me that a death by Famine, is moſt cruell and painefull of all other deaths, and the Law ſaies that they muſt ſtarve before they come there, for the writ whereby they are impriſoned imports, foraſmuch as the Debtor has no eſtate, therefore take his body for ſatisfaction.

And here give me leave to put this Caſe, ſuppoſe (which God forbid) that Barley this yeare, ſhould be at 10. s. a buſhell, or ſo exceſſive deare, that the poore labouring man that hath nothing but what he gets by his day labour, can gaine but 2 s. a week, as many already work hard for no more; every man now ſtriving to get work out of one anothers hands, as rich men contend for a good bargaine, this man having a wife, and 5. or 6. ſmall children to maintaine, tells his Neighbours that he and his Family are ready to ſtarve, and famiſh, they have not their bellifull of bread once in a week, well ſaies the Miſer, Corne is a precious commodity this yeer, I cannot help you, when corne is cheap, every man will give an Almes to the poore, but now corne will make money, oh this yeallow Earth, how does the Miſer love that which has one Letter more in it then the name of God? his beloved Gold.

This poore man to keep his Family alive, finding an opportunity takes away ſome corne, from one of theſe miſers Rickes, or ſtackes of corne, for his Barnes will not hold halfe his Proviſions, and hee will not build greater Barnes as Gods foole, but the worldlings wiſe man did, who thereby ſet the poore on work, the Queſtion is whether this be Felony by the Law of God,Luk 12.20 for which this poore man ought to ſuffer death by any juſt poſitive Law of man.

Certainely Chriſtians ought to be more mercifull then the Jews, and therefore the judgement of the beſt Chriſtian polititians, ha's ever beene, that no offence ought to be death under the Goſpell, which was not death by Moſes Law, but many offences which were death by that Law ought not to be death, under the Goſpell, becauſe Chriſtians ought to be more mercifull then the Iewes; who being by nature, a cruell people: God gave them Lawes accordingly, as the Adulterer, Sabboth breaker, and the diſobedient child were to be ſtoned, certainly our Fore-fathers were either very covetous or cruell. to make it fellony to ſteale a Lambe, or a Pig, which by the Law of God was onelyonly puniſht by reſtitution, but the Scripture puts a difference between a theef who ſteales for neceſſity, men doe not deſpiſe him that ſteales to ſatisfie his hunger (ſayes Solomon) and a preſumptious Theefe, who has no neede to ſteal that does it not for want but for wantonnes, ſuch a one was to dye, our law is exceeding ſeveere, and never Inquires after the motive and impulſive cauſe, if a man that is ready to ſtarve or famiſh, take away from his Neighbour a ſuit of Clothes, or a ſtrike of Corn this man muſt dye the death, as if he had killed a man, I know there is a culpable neceſſity, as my Lord Bacon calls it, if a man ſhall waſt his eſtate, and then pretend want, he deſerves the les pity, and there is alight neceſſity, a great neceſſity, and an extreame neceſſity, If a poore man farre from any Towne, that is almoſt famiſht, for want of foode, meets with a Baker, who will not be intreated to give him a loafe and he takes away by force ſo much bread from him, as in the Judgement of wiſe men is neceſſary to keepe him alive, In this caſe I conceive he hath not offended the Law of God; and therefore ought not to be puniſht by any Law of man; becauſe the Law of property muſt not derogate from the Law of nature, much leſſe abrogate it, I am not of opinion that all things were at any time in Common, by the Law of nature, for then the eighth Commandement would not have been morrall and the very dictates of nature and right reaſon as Sir Walter Rawley — moſt learnedly evinces them to be,2, Acts 44. but thoſe Authors which ſpeake of all things being in common are to be underſtood in the ſame ſenſe as the Apoſtles are ſaid to have all things in common viz: they lived ſo lovingly and contributed ſo freely to the neceſſities one of another, as if all things had been in common, howbeit, there was a law of property, yet every man diſpenſt with his owne right to preſerve his brother, the rich mans ſuperfluities gave place to anothers convenience, his conveniences to another mans neceſſities, his Neceſſities to another mans extremities, one mans les Extremities to his Neighbours greater Extremities, and ſo Mecanicall poore muſt releeve Mendicant poore, rather then they ſhould periſh, out the true reaſon of State is this, In the begining of all Kingdomes, States, and ſocieties, It was mutually a greed that ſo long as there was ſufficient to preſerve all men alive in that Kingdome, one man ſhould not feaſt, and another man faſt, and be ſtarved, If thy barnes be full of Corn, and thy neighbour almoſt ſtarved, and famiſhed, It is his bread which thou unjuſtly detaineſt from him in thy barnes,Math. 13. Math 21. and his cloathes that lye a molding and moth eating in thy Trunkes, we ſee the diſciples being hungry pluckt the eares of Corn, upon the Sabboth day, and the queſtion was not about the Corn, which was none of theirs, but beeing upon the Sabboth day, Chriſt ſaies I will have mercy and not ſacrifice and his ſending for the Aſſe, though that example argues him to be Lord of all yet that reaſon, For the Lord hath need of him, is Emphaticall, For neceſſity, paſſengers might enter into a Vineyard, and refreſh themſelves, ſo as they carried none away with them, I would Chriſtians were ſo mercifull, to part with their ſuperfluities, without queſtion, that which is exceſſively ſpent in apparrell and Dyet would comfortably releeve all the poor in the Kingdom.

Conſider you that be rich, God might have made you the tayle and the poore the head, when you have feaſted at the upper end of the Table tis but good manners to ſend downe the diſhes, that the Maſter of the Feaſt may be praiſed, Now for a good Gains and a Marie to power forth ointments and liberalities, which will not onelyonly cauſe thankes to be given to Almighty God, but procure bleſſings upon the Donors and Benefactors for God is the poore mans ſurety, He that hath Pity on the poore, lendeth,Proverbs. the 19.17, unto the Lord, and that which he hath given, will he pay him again but let not him that is poore ſay how liberall he would be if he had an eſtate, we little know the temptation of that condition, we ſee by wofull experience, that riches are of a dropſie nature but ſay thus; there is a rich man, how rich might he be in good Works, what meanes has he to do good he might reach out his hands 20 wayes to the poore (he that has made 100. poore, why ſhould not he releeve 20. In humane probability, nothing but Gods bleſsing upon the ſublime wiſdome of State can prevent this growing evill, and epidemicall diſeaſe, and ſtarving and famiſhing the poore (which I had rather dye then then live to ſee, and I hope every mercifull man is of my oppinion) by taking ſpeedily, and inſtantly ſome ſuch effectuall opperative Courſe, as in their peircing Judgments and deepeſt apprehenſions in whom reſides the publique Judgement and reaſon of State, to bring downe the price of Barley, and conſequently of all other graine and commodities in the Kingdome, for if Gods good creatures be not abuſed, and waſtfully expended, there will be more plenty, and things muſt needs be cheaper, for the poore have not much money, to keep up the price of any thing, whereof, there is ſtore.

And becauſe I know, it is the generall deſire of all honeſt men that the poore ſhould be every where provided for, and I think there has been ſeverall meetings in the City to reſtraine the Beggers, by providing for ſuch as are impotent, and not able to work, and forceing ſuch as can take paines to get their owne bread, by the ſweat of their brows, as the Law of God requires; which I marvill why any man ſhould demurre, and ſtick upon it in a matter ſo eaſie, and ſo much concerning the Honor of the Citty which Gundamor ſaid, was like a continued: Hoſpital, where he was beſieged with Begers, which a Crown laid upon every houſe in Lond. & Middleſex, to be paid by the Landlord would do it abundantly, a courſe which was taken in Paris where the Streets were covered with Beggars, and in a weeks ſpace not a Begger to be ſeene, but becauſe it will require time to ſettle this Kingdome in a better poſture for poore people, for if the Lawes were diligently executed, the poore might rather be ſaid to languiſh then to live, we give a poore man a peece of bread upon his knees lying by a wall, but we do not ſet him upon his legs, that he may help himſelfe, as they do in other places, I ſhall in the interim, make ſome propoſals and preſent ſome expediences to every true Samaritan, that has the bowells of mercy, and compaſſion, and that is affectionatly ſencible of want and poverty, hoping that ſuch a man will cordially concurre with mee, in all juſt and reaſonable demands, for me thinks no legall thing ſhould be denyed to poore people in a hard time, and my Propoſitions are 12.

12. motions for the poore.1. I ſhall humbly pray, not only that all juſt penall lawes, where any part of the forfeitures are given to the poore, may be carefully and ſpeedily put in Execution, and the poore imburſed without charge or diminution which is but juſt, and if it might pleaſe the higher powers that the poore might have the whole forfeitures upon all juſt penall Lawes, ſome little to be allowed to the Informer, for his incouragement, or rather that ſome Sollicitors for the poore might be appointed in every County, to inquire after forfeitures and duties as ſhould belong unto them.

But in particular that the poore might but have the benefit of ſome few Statutes, one whereof lies Dormant, and I marvill, noe man look…s after it, ti's the Statute of 39. Eliz. by which all intereſt money is forfeited, though the Uſurers take but 5.l. or 12.d. in the hundred, ti's a moſt excellent Law, and in effect the Law of God never to be repealed, the ordinary way to recover this uſe money, is by information in ſome Court, but that is too tedious, and circular, ti's for a poore man to go 5. miles for a peece of bread, if there were a Committee for the poore to examine all ſuch forfeitures, that the rich Vſurers might quickly untruſſe, and fetch out their Baggs, and make reſtitution, or repayment to any that are in need, or to the poore that have moſt need of it, this very Law being executed, according to the true and plaine meaning of the Law makers, would make proviſion for poore people; and what reaſon can any man aſſigne why this Propoſition, ſhould not take effect the Law in it ſelfe is moſt juſt grounded upon the Law of God, and common honeſty,39. E. l. 18. the law of England does not allow Vſury in point of conſcience, the Stat. of 13. Eliz. and other Statutes do not allow the taking of 10. and 8. but reſtraine the lender from taking more, but this Statute 39. Eliz. enacts that whatſoever the lender takes above the Principall, it ſhall be taken from him, and ſo the Law connives and winks at the Uſurer with one Eye, ſuffering it ſo to be, for the hardneſſe of mens hearts, but yet tells him the danger of it, that if any man will informe againſt him it muſt all be forfeited, like him that with a Gun winks at the Bird with one Eye, and ſhoots it to death with another: the Law of England calls Vſury a deteſtable thing, aginſt the Lawes of God, and Charity, and if any man ſayes that the old Vſurers, will lend no more upon theſe Tearmes, I anſwer, let Juſtice be done, and feare nothing, let them hang themſelves in Chaines of Gold: I hope the Magiſtrate knowes how to order them, I doe not ſpeak againſt Vſury in point of Exchanges, nor in the Caſe of Orphans, Widdowes, or a Generation of middle people that have but a litle money to live upon, and cannot finde a faithfull freind to imploy it in ſome honeſt trade, and if he ſhould ſpend upon the principall, muſt quickly beg, not knowing themſelves how to make uſe of it; but I ſpeak againſt ſuch as make a trade of uſury, all their dayes, that have gained thouſands by it, that have ſufficient to live upon without Vſury, that will have money o… the Debtors Boues, whether he gaine or looſe, whereas a man may better take 15. l. from him that gaines 30.l. in the 100.l. then 5. l. from him that looſes 15. l. that will rather let a poore man ſtarve then abate his Intereſt that accurſed thing, what vaſt eſtates have many men got by Vſury; like him that ſold a horſe for a penny a naile to double 34. nailes, or the Butlers Box that gaines all incenſibly which the Gamſters never think of, this Vſury like a Canker eats out many mens eſtates, 100. l. at 10. in the hundred in 70. years amounts to 100000 pounds. I am ſure many poore Creatures have ſuffered extreamly upon pae… all Lawes, the Law is ſo ſaies one, who can help it, if in many caſes they have been greived, why in this particular, ſhould they not be releived.

1. Iac. 9. 4. Iac 5. 7. Iac. 10. …1. Iac. 7.The next is the ſtatutes againſt Drunkenneſſe, and tipling, he that is convicted of Drunkenneſſe before one Juſtice of peace, upon the oath of one witneſſe forfeits 5. s. to the uſe of the poor, and if the Officer be negligent he looſes 10. s. to the ſame uſe.

Brewers that ſell any Ale or Beere, to unlicenced Victualling houſes, more then for neceſſary ho…ſhold proviſions, forfeits after the rate of 6 s. 8. d. for every Barrell, Alehouſe keeper or Inn-keeper; ſuffering any tipling contrary to any Statutes, forfeits 10. s and every ſuch tipler 3. s. 4. d. ſelling of les then a quart of the beſt Beere or Ale for 1. d. and 2. quarts of ſmall, the penalty is 10. s. and whoſoever tiples in any Inne or Alehouſe where his habitation is, forfeits 3. s. 4. d. and the Inne-keeper, Victualler or Alehouſe keeper, that ſuffers any to continue ſo tipling forfeits 10. s. If theſe ſtatutes were executed upon Offendors, it were both juſt and ſeaſonable.

The third is the ſtatute againſt ſwearing; He that ſweareth or curſeth, is for every ſuch offence to forfeit 12. d. How many men are there and ſome of great eſtates, that owe more to the poore then they are worth, and I doubt, make little conſcience either of the Lawes of God, or man, for a good Law binds in conſcience, being the Law of God, put in execution by man, and they are as really and conſcionably indebted to the Poore 12. d. for every time that they ſweare or curſe, as if they had given Bond for it, for a debt by ſtatute Is the higheſt Bond of record that can bee; the mad Roiſter that was convicted of 3. oathes, threw down a twentie ſhillings peece, and ſaid he would ſweare it out before he was much elder; I wiſh heartily that all ſwearers and Curfers would break of ſuch prodigious ſins by repentance, and their paſt Iniquities, not by ſhewing mercy but doing Juſtice to the poore, paying them but what they owe them, for how many profane people, curſe, and ſweare continually, and being lovingly admoniſht of it, Friend what hurt hath God ever done you that you ſhould thus diſhonour him, either ſweare that they did not ſweare, for they void their excrements without taking notice of it, or elſe they rage at him who askes them when they came from Hell, for one man knowes another by his language, and ſay their lips are their owne, who is Lord over them, however I would have them pay their Debts to the poore and ſo ſatisfie the Law of man, though not the Lawes of God, for they are but the poore mans Pursbearers, and this is the firſt expedient to bring money into the poore mans Box. OnelyOnly I could heartily with that Commiſſions were freely granted and ſpeedily executed upon the ſtatutes of Charitable uſes, for I am confident there is a maſſe of many thouſand pounds due to the poore by gifts and Legacyes moſt unconſcionably detayned from them.

2ly. My ſecond propoſition for the benifit of poore people is that ſome way may be deviſed to ſend poore people ſmall ſummes of money upon ſecurity, without paying any intereſt, untill this Kingdome ſhall be ſo ſtrong in Faith, as to truſt God with it's ſafety, and preſervation in his owne way without the help of uſury, ſending that packing after the Biſhops, who ſuffered it to take ſuch deepe rooting in this Kingdome ſince the time of Reformation, for in times of Popery it was an odious thing, and a Vſurer as much deteſted, as one that had the French Pocks, or a Leproſie, hee was excommunicated as a Haeretique, and by the Civill Law a notorious Vſurer can make no will, in the interim I wiſh that a poore man that would borrow 5. s. upon any houſhold ſtuffe or pledge, might have it freely without ſuch horrible extortion, as the poore in this Kingdome, ſpecially about London undergoe, for put caſe a poore labouring man hath got 20. or 30. l. in houſhold ſtuffe, and ſome ſmall Commodities in his trade, if this man fall ſick what a ſad condition is he in, he knowes not where to borrow 20. s. without a pledge, and to the Broker hee muſt goe, the Broker will have 12 d. a monethmonth for the 20. s. and 6. d. for the Bill which comes to 18. s. a yeare for 20. s. which is 9. l. a yeare for 100. l. a poore Creature for 12 d. muſt pay 2. d. a week which is 800. l. a yeare for 100. l. to prevent ſuch like cruelties, they have in many places banks of piety, that the poore may bring a pledge or good ſecurity, and have 5. or 10. l. to begin a trade,Montes Pietatis. and by that meanes comes to get a ſtock; for whats the reaſon that ſo many young tradſmen in this City and other plac…s miſcarry, and are undone before they underſtand themſelves; they take up money at 8 per Cent. and if they come to a bad market, they muſt ſel though if be to loſſe, or the Intereſt will eat them out, there is a great error in this Kingdome, that all charity is in giving, and not in lending, he that lends a poore man … to follow his trade, does a more charitable deed in the fight of God and good men, then he that gives him 20. Almes to keep him in a conſumption of beggery, neither dead nor a live, as …ias ſaid of them that were at Sea; There are three ſorts of poore; the Mendicant Beggar; the poore that are maintained by Collections, and receive Almes from the Pariſh, which ſort of poore are intended in all our Statutes, that provide for the poore, for the Law intend no Beggars, and there is a needy labouring mecannicall man, that is oppreſſed with a great charge, and many times does not make his wants knowne; wraſtles with poverty, but it comes like an armed man upon him, he cannot reſiſt it; the tru…ſt charity is to releeve ſuch a man, to lend this man money to buy him a Cow, a Sheep, and a Hog, or ſome ſuch neceſſaryes, I know if the Kingdome were in a goſpell frame every man would quickly be provided for, in conſcience and right reaſon; every man ought to have a Cow and 2. or 3. ſheep to give milk for his poore Children and to cloath them. And what a great matter was it, if every poore man had a peece of Beefe every Sabbath day, to rejoyce with his family that poore Creatures taſting how gracious the Lord is to them in temporall bleſſings, might be thereby incouraged to looke after the Lord Ieſus for eternall ſalvation, and how cordiall would their obedience be to th… higher powers, who might eaſily effect greater matters for honeſt poore people; How ridiculous is it; that one man ſhould have 3. or 4000. ſheep, and ſit Rent-free, and his next Neighbour go all tattered, and not a Coat to put on; Is England famous for the Golden Fleece, and muſt Engliſh men goe up and downe naked like beaſts, no cloathing but their bare skins? has one man ſo many Ricks and Stacks and Barnes full of Corne this deere time? and muſt his Neighbours be pyned for hunger? and all this forſooth for feare of a paritie: Hell is in ſome Miſers certainely; (Pardon the expreſſion) when I ſpeak any thing about releeving the poore, what ſayes one; I ſee your ayme is to have all men a like, becauſe I intreat that man that has 1000 ſheep, and ſits Rent-free, to give his poore, honeſt, painefull, thankfull, and ſerviceable Neighbours as much Wooll as will apparell his Family once a yeare, or to let him have it at an eaſie rate, and work it out for him by degrees; and becauſe I earneſtly deſire all thoſe men that have ſtore of corne this yeare, to let their poore Neighbours have it at a reaſonable rate, at 2. s. or rather then faile 2. s. 6. d. a Buſhell, is this to deſire a parity, how does pride and Covetouſneſſe, fill Bedlam? but till the poore mans cauſe can be better heard, I wiſh no poore man might be deſtroyed by Vſury, me thinks every honeſt man ſhould lend freely that is ſure to be repayed, without troubling the ſupreame Juſtice, to make any ſuch proviſion.

3. I propound on the Poores behalfe, that all the earneſt money in the Kingdome, upon contracts, may be given to the poore, as it was originally, for earneſt money is Gods money, the earneſt is that which ſecures the bargain, and the uſage was, that, when the buyer put earneſt into the Sellers hand, the Sellar prayes to God to bleſſe the bargaine to him,Ar…ha dicitur Denarius Dei. which we call ſtrike him good luck, and the earneſt money was to be given to the poore, that God may bleſſe the bargain to both parties, the money to the ſellar, and the Commodity to the buyer, and in ſome places the Papiſts make conſcience of giving the earneſt money to the poore to this day, unleſſe the bargaine be under 20. s. and then the Law was otherwiſe, becauſe it was preſumed to be a bargain, made between poore people; now what if ſuch a Law or Cuſtome was revived, ſuch ſmall matters would refreſh the poore and not prejudice the rich for few men, ſpecially Tradeſmen will ſell to loſſe; If a man for every Commodity that he ſold ſhould give 4. d. 6. d. or 12 d. to the Poore according to the value of the thing, I am confident he would dye never the poorer.

There are many poore Market Townes very populous where there are ſold at ſome Faires or Markets, it may be 100. Horſe, 200. Beaſts, and 500. ſheep, with many other bargaines of great value.

Now if every man that has ſold his Commodity, would give 2. d. 4. 6. or 12. d. to the poore, how merily would he rejoyce over his browne Loafe, and ſome hot Broth made of Oat-meal… and water, and ſleep more ſecurely then hi… rich Neighbour.

4. My two next Propoſitions are by way of intreaty, firſt to all thoſe perſ…ns of Honor, quality and eſtates that in ſtead of covering twice a day, make b…t one ſet meal, & ſome ſho…t refreſhment at night, that what they ſhal really ſave by ſuch a provident frugility, they would nobly, and freely, give it to the poore till things be Cheaper, poſſibly by this meanes there are not ſo many …roken Baskets left for the poore, for Servants muſt needs have ſtronger appetites, and make fewer Cruſts where they eat but once a day; but I had rather fetch a motive from their noble breaſts, and charitable diſpoſitions, It may be there was a vertue mads of neceſſity in military times, and taxes, but now that there is a mitigation, and no ſuch neceſſity of parcimoney for them that have this worlds ſubſtance, I would nor have them grow richer in a time of ſcarcity, which yet they may do notwithſtanding this happy converſion of turning ſuperfluous eating and drinking, (for their familyes are as healthfull and luſty as when they had large ſuppers) into a comfortable refreſhment for poore people, the French man ſayes, hee that is provident at his Table makes money with his teeth, I am ſure this courſe would acquire much honour and eſteeme. He that is the moſt charitable man this yeare, ſhall be the moſt Honourable man in my eſteeme, let his opinion be what it will, for Charity belongs to men as they are men, not as Chriſtians; Hee that ſhall give a Cup of cold water to a Deſciple in the name of a Diſciple, argues himſelfe to be a good Chriſtian; And he that will find out the poore this deare yeare in backe Lanes, and deale bountifully with them ſhall not looſe his reward, for Gods bleſſing ſhall attend him

5. Next, I would intreat for the preſervation of Barley, that there may be no drinking of Healths, and as little drinking to one another as poſſibly can be, for I obſerve, that to drink to a man caryes a kind of neceſſity with it to pledge him, at leaſt it was an Invitation to make him drink when he is not a dry, and conſequently there is much more Beer waſted in the Kingdome then need to be, It is but a groundles Ceremony of drinking to one another, for which there can be no reaſon given, more then ancient cuſtome, for why may not we aſwell eat one to another, and ſay here is a bit to ſuch a one, as well as drink to one another, or to the remembrance of any freind.

If the faſhion were taken up in the time of the Daines, or in Civill Warres, that men were afraid to be kild as they were drinking, therefore deſired one to be their pledge, and ſurety to protect them from any hurt as they were drinking, and he to do the like for him when he drank; which is ſomething Improbable that ſuch deſperate Enemies ſhould dine together, yet grant it were ſo, what reaſon is there, for the continuance of it, a Law is of force …n an Inſtant, and the life of a cuſtome is time Immemoriall, and continuance without Interruption, but neither of them ought to continue longer then the reaſon lives, for reaſon is the life of all mortall and civill Actions, without exception; I know Health drinking is now out of Faſhion, and of evill report amongſt godly ſober men, but this drinking to one another yet continues which however it be not abuſed, by ſober perſons, yet their lives being exemplary, the contrary is to be wiſhed, for Pot Companions could object that the Puritans would drink no healths, yet they would drink one to another; All things are lawfull, but all things are not expedient; I will not diſpute the lawfullneſſe of it, but the convenience in point of abuſe, the beſt things are not to be diſuſed for the abuſe of them, when they are neceſſary; but when Indifferent things are generally abuſed, then in good policy they ought to be removed; I ſhall Inſtance in that which is divine and morrall; the Primitive Chriſtians were Commanded to ſalute one another with a holy kiſſe, a chaſt ſalutation of love, and Charity, which was accordingly practiſed at their ſolemne Feaſt meetings, but afterwards Gods people perceiving a Generall abuſe of it, that it gave offence and matter of ſcandall, to the Heathens, and unbeleevers, that came into the Aſſemblies, who thought to juſtifie their uncleaneneſſe by the Chriſtians ſaluting each other, for ſay they, If thoſe that profeſſe Chriſt and ſo much ſtrictneſſe may ſalute one another, why not we? and the beſt men perceaving that they have not their owne hearts under Lock and Key, and that the firſt motions of the ſoule are not ſo in their owne power, but that there may be a titillation of the Concupiſcible appetite the higheſt poinr of Chriſtian prudence being to avoid the firſt occaſions of ſin, and all apperance of evill, they diſcontinued that injunction in the letter of it, A Chriſtians ſincerity being principally diſcovered in avoyding all temptations to vanity, for that the moſt holy man caryes about him the ſpawn and root of all Enormityes, which will have a being in him, ſo long as he hath a being in this world; Not to condemne him (a beleever muſt not feare that) but to humble him, and ſhow him the more want of a Saviour; Job rhat durſt talke with the Devill, durſt not look upon a Maid; and herein the Churches of Chriſt do not diſobey the mind of God, In forbearing the holy kiſſe, though in expreſſe words commanded; becauſe the thing Injoyned is love, and entirenes of affection, which if it be expreſſed and demonſtrated any other way, the Command is ſatisfied, for the manner of expreſſion of love to one another may alter,Conſuetudo pro more Loci eſt obſervanda. but love is the …nſtinct of the new creature which muſt alwayes continue; and ſo it was a practiſe temporary, or Cuſtomary; as the Corinthians ſhort haire, and propheſying with the head uncovered, which the French Miniſters preach with their Hats on, as conceaving the Miniſter to be as good a man, as any in the Congregation, and conſequently to have as much right to be covered as any of them.

Michael de Montaigne.One of the gallanteſt men that ever France bred, who reſolved never to marry if he might have wiſdome herſelfe, but uſed the French Cuſtome of ſaluting Woemen, as we doe, till at laſt he was much troubled about it, and ſaid his affection was for it, but his judgement ſtrongly againſt it, as being a temptation to incontinence, for ſayes hee, if the party be hanſome, there is a naturall Cupidity that it might continue, if otherwiſe, ti's don with a reluctancy, and many grave Matrons complained that they were conſtarined to kiſſe ſlubbery fellowes, leaſt they ſhould be counted uncivill and violaters of an ancient cuſtome, his Gentleman who was an Inſtrument of much good to his Country, and counted it the moſt Honourable vocation to ſerve the publique, was ſo far poſſeſſed with the Inequity of that Ceremony as it was by the moſt abuſed, that he prevailed with many juditious ſober men and woemen to break it off, as being an off…ce to good men, and an Incentive to Laſcivious ſpirits; and made it his whole Study to Invent Arguments againſt it: The French Gentry argued ſtifly for the continuance of it, till hee convinced them of the danger of it from the ſweet ſavor that cauſes a naturall delectation, or a malevolent odoure that makes a diſguſtfull reliſh, that lovers of vertue ſhould not run ſo great a hazard in turning their lips to one another, it carrying with it a naturall tendencie and uninforced proclivi…y to wanton coggitations, and hee that loves danger ſhall periſh in it, that the Mounſieurs, had nothing to ſay for it but this, that they would uſe it in France, becauſe the Spaniard never uſed it in Spaine, for a French man is that which a Spaniard is not, and by his wiſdome there was an Edict about Burdeaux where he was borne, that men and woemen ſhould not ſalute by turning the lip to one another, as formerly to prevent the firſt occaſions of loſt, which is the true ground why the Italians, and Spaniards deteſt it, for my owne part, I love all demonſtrations of Amity and affection that are not offenſive, to grave godly men, and woemen, and againſt which no ſolid reaſon can be proved; but I wiſh heartily that this preſenting of our loves and ſervices to one another by the Cup, unleſſe it be for the better handing of the Cup or Glaſſe, from one to another when there is but one Glaſſe, and every one ready to drink, was diſcontinued, as being an unneceſſary Complement, that may very well be ſpared; and though ſober and temporate people do not abuſe it, yet the continuance of the Cuſtome mak s many to drink exceſſively both in Ale-houſes, and in Noblemens, and Gentlemens Sellars, where there is much waſt of that, which might be better given to the poore, much Liquor abuſed and ſpilt in unneceſſary ceremonyes, which if godly ſober people would diſcontinue, it would come at laſt to be a thing deteſted, and I am confident that this yeare very much might be ſaved by it, and therefore I hope thoſe that deſire to be accounted temperate, will not any longer uſe it, unleſſe they drink to ſuch, as they are ſure will not drink any more, for being drunke unto, then what is convenient, for certainely, If a divine ſanction when it comes to be abuſed may be omitted, much more all human Ceremonyes in Civill Actions, which have no foundation in ſolid reaſon, ought to be abandoned, and ſpecially when it is demonſtrable that utility and advantage may thereby accrew to the publike, as in this caſe.

6. My next deſigne to releeve the poore is an Impeachment drawne up againſt Gameſters, in love to their poore ſoules, that they would reſtore what monyes they have won at play to the looſer, if hee have any need of it, or elſe to the poore, for the winner has no conſcionable Evangelicall right, to the money which he wins, however the Law may be defective, in not enjoyning him to make reſtitution, for I challenge all the wits in the world, to bring a reaſon why the Law ſhould ſuffer any man to undoe himſelfe by play, as many Familyes have been utterly ruined thereby, Is there any ſence why a man ſhould looſe that which ſhould buy his Family bread, becauſe his Chance at Dice is, 1. 2. 3. 0. and 4. and the other throwes 4. ſixes; As for the others adventure, that he might aſwell have loſt, thats nothing to the reality of a conſideration, becauſe I might have 100. l. from you for nothing, therefore you ſhall have 100. l. from me for …uthing; this is no reall merit, but a Vtopian Imaginary conſideration; as if a man ſhould have money be…auſe he dreames of it; ti's but a ſhadow, and a formality, nothing in eſſence and ſubſtance therefore it were very fit that there were a Law made to inforce the redelivery of all ſuch monyes as have been loſt at play within 10. yeers …aſt paſt; where the loſſe has been great, and where the wager has been but ſmall, and the ſport rather for victory then Covetouſneſſe; I wi…h the poore might have it, for let me tell that man who ever hee be, that has got another mans money by play which hee could nor well ſpare, he is in Gods accompt but that mans Pursbearer, and owes him ſo much mon…y, for howbeit the Commo…es of it takes away the ſcandall, as in matters of forfeiture, which is but a k nd of double dealing yet the ſin is not taken away untill the money be reſtored; And if it be ſaid that a man may freely give away his Eſtate, I agree it, if his Wife and Children do not ſuffer by it; but the winner ſcornes to take it a… a gift, nor is it ſo Intended by the looſer, I have heard much of a faire ho…ſe and Land loſt at a throw at Dice, and the looſer ſtab'd himſelfe, and ſome of his blood falling upon the Chimney peece, will not be wiped off, for my part I think the Houſe ought in Law and conſcience to be no leſſe the looſers heyre then it was before for a poſſeſſor by an evill faith cannot preſcribe in Conſcience, where continuall claime is made, there was one pretty caſe in France, a feme ſole Merchant promiſed her Apprentice to make him free if he would lye with her, who did ſo, and was made free, but the Court unde… ſtanding what the conſideration was, adjudged his freedome void, and him to ſerve another Apprenteſhip, upon the reaſon of our Law, that no man ſhall take benefit of his owne wrong, and if I give Bond to I. S. in conſideration, that he ſhall beat I. D. this Bond ought not to ſtand, and ſo when there is no conſideration, A Chancellor is not only to reforme and rectifie maters of fraud and apparant deceit, but all over reaching and circumvention being a ſinfull practiſe, ought alſo to be redreſſed, but certainly the beſt way to quiet the Conſciences of Gameſters, that know not of whom they hev… won money, is to be liberall to the poore, for Goods ill gotten are like Children ill begotten, a diſparagement to their Parents, and if it be not given to the poore; It may be a means to conſume the reſt of the Eſtate ſenſibly, And now all yee by what means or titles ſoever you be diſtinguiſhed th… cannot paſſe your time, without ſportive Recreations, [which indeed are r… ther loſt times then paſt times, and you would think ſo if your hearts were fully bent towards Heaven, and your ſoules inflamed with the love of Jeſus Chriſt.]

I am no enemy to thoſe condements and ſaucies of life which are lawfull o… expedient, that have a divine ſtamp upon them to fit you for Gods ſervice, as Lead will go current if it have the Kings ſtampe upon it, upon this condition, that what you win, you will faithfully and juſtly give it to the poore, and abate nothing of your other intended Charity; If this be your reſolution, and your recreations be helps and furtherances to your Callings, and lawfull as Bowles, Cheſts, Shooting, and ſuch gentile exerciſes, where the mind may have a ſpeciall working, and that more time be not allowed in playing, then in praying, I have nothing to ſay againſt it, and why ſhould not this requeſt be granted, for you ſay that little which you play for is not a mark of Covetouſneſſe, but of victory, for the priſe of your skill and Judgements, therefore if there be no Covetouſneſſe in that which you pretend to be only matter of recreation, I hope you will put your winnings in your eye, and the money into the poore mans hand who will bleſſe God for you;

7. I ſhall earneſtly deſire all thoſe p…rſons that have found, or hereafter ſhall caſually find any loſt goods to b…ſtow them upon the poore, for they have no property by finding, but untill the owner be knowne, which if he never be, then certainly it is the owners deſire that the poore ſhould bothe better for what he loſt, and therefore I could wiſh that all eſtrayes, and Fellons Goods which no body can challenge might come into the poore mans Box, the reaſon why ſuch priviledges have belonged to the Lords of the ſoiſe, where the goods are found, was to make ſatisfaction for the keeping of the Cattle or hurt which ſuch goods did to the ground, which is but little in Compariſon, to the value of the thing loſt; we have a rule in Law, that, that which no body can challenge, is the Kings, as preſuming the Kings Majeſty to be moſt charitable, and that he will give it away to the poor, by his Majeſties Almoner, and ſo if there be any Mynes diſcovered in the Kingdome; wee have many learned Arguments in our books to whom ſuch extraordinary profits do of right belong; for my owne part I differ from all my Maſters, and conceave that by the Lawes of God, and nature, ſuch emergent profits and caſualtyes do of right belong to the poore, for nature provides for all, and would have every man to live, and when any Mine is diſcovered and found out in the bowells of the earth in ſome barren place (as moſt commonly they are where the ſuperficies and outſide of the earth affordeth little or no profit for poore people,) that the benefit thereof ſhould wholly redound to a rich man to caſt water into the Sea, how impolitique is this in an ancient Kingdome: Is this to ſend our portions to the needy, and to make proviſion for them for whom nothing is prepared, that one man ſhould have 1000. buſhels, and another nothing, and if God ſend one Buſhell extraordinary this muſt be given to him that has the 1000. buſhells and hee that has nothing may ſtarve and famiſh. Is not the Law of England grounded upon the Law of God, and nature? If 20. men ſhould be at dinner together, and all the meat ſhould be laid upon one mans Trencher, how Ridiculous would it be? but what the wiſedome of our Forefathers did not reach our experience muſt amend, In the interim what is negligently …or caſually loſt and cannot be reſtored to the owner, let it be given to the poore.