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tates to men of money at very small and inconsiderable rates) they afterwards pretending to make atonement, by procuring an act of parliament, as is well known, to levy a tax upon all the personal estates in London for ever? We pray God they may repent and

find mercy,

It is not that we are ignorant of the abuses committed in several other offices throughout the kingdom, that we have principally confined ourselves to represent the mismanagement of some of those in the city of London, but only to avoid the being too voluminous : these few papers would bave swelled into many folio's, if particular notice had been taken of all the corruptions and miscarriages under which the nation groans, and by which our publick affairs have so miserably suffered, and been so treacherously defeated.

Besides, our tenderness, in launching out further into these troubled waters, has been directed by this consideration, that the gentlemen in places and offices not here mentioned (who have, by their sinister practices, prejudiced the interest, or obstructed the happiness of the present settlement) may, by contemplating the deformity and evil attendances of the city exorbitant corruptions, be timely made sensible of their sin, and endeavour to make some reparation for the injuries they have done the kingdom, as an atonement and expiation of their crying guilt.

Thus, I think, we have made it undeniably apparent from what grounds our calamities and mischiefs bave sprung, and by what means they have continued their daily progress to that fatal heighth we now so justly complain of, and which requires all the application of the wisdom and power of the government to restrain and remedy. It is by virtue of this golden key alone, or the favours of unjust partiality, that little or no regard has been had to industry and merit: That the halt and blind, and, what is worse, oftentimes the malicious, have been let into the knowledge and management of our publick affairs, whilst the able and honest, for want of that powerful charm, are shamefully excluded and contemned.

The sale of offices is a practice so infamous, that it has been condemned and detested by the best men, and best governments in - all ages, as a cursed omen, foreboding the certain and inevitable destruction of that state, where it has been in the least tolerated and connived at. It is a shackling justice herself, a direct usurpation upon the native and incontestable rights of mankind, and giving a publick license for the exercise of extortion and bribery.

If we at all valued ourselves as Christians (but that great name is too much become a mere cant or term of art to flatter ourselves, and impose upon the credulous) our holy religion would sufficiently inform us of the sinfulness and danger of this abominable practice. What dreadful judgments has the God of impartial justice thundered out against the sale of publick justice, or its depen. dencies? What excessive and astonishing penaliies has he threatened upon all manner of extortion ? Nay, so severe are the terrible denunciations of his wrath, poured out upon all that shall dare to

as

suffer or encourage it, as are able to stagger and confound the confidence of the most hardened sinner, but his who lies under the curse of final and incorrigible unbelief.

The very heathens themselves abhorred the connivance and countenance of such base and unworthy proceedings : they thought it a degree below the dignity of human nature, to descend to the contemptible practice of taking bribes, and selling licenses to iniquity. We find these two maxims, like two golden pillars, supporting the most flourishing and victorious cities in the world, which Aristotle has not been a little industrious to maintain, viz. That the sale of offices is the greatest wrong and affront that can be offered to a commonwealth. And that money ought not to buy those places, which may, nay, ought to be the reward of virtue; and are the fittest means to supply the necessities of good men. The sale of offices in the meridian and glory of the Athenian government (where arts and arms equally flourished, to the delight and satisfaction of all the world) was strictly forbidden, and continually declaimed against. The Lacedemonians, a people the most obstinately virtuous of all the other cities of Greece, utterly exploded it,

a practice altogether inconsistent with their strict morals, and destructive of the fundamental rules of their policy: and I hardly believe there was ever a human government beiter founded than that of Sparta. The Roman empire, when it seemed to be in its greatest beauty, and most happy condition, severely fined and punished those who sought offices unjustly, by bribery, &c. And it is remarkable, that she then first fostered dissension, and laid foundations for her after ruin and calamities, when she brooked so patiently the sarcastic scoff of Jugurtha, That all things at Rome are to be had for money. It was then that Rome became so enfeebled by her daily corruptions, that she, whose virtue had made her mistress of the world, had not power enough left to conquer herself; nor could she hinder her own streets from being the stage, whereon so many dismal tragedies of intestine discord were acted. Their historians assign the reason, viz. They made justice a pimp to covetousness, and virtue a stalking- horse to extortion. Yet there was not any other city, in the world, more jealous of her honour in this point than Rome, or more careful to relieve the poverty of her citizens; of which, in the times of her innocency, she had many. And what other fate can London, &c. expect, if you dam up the current of her meum and tuum ? If she thus continue selling of justice, her sun-shine and splendor will soon be eclipsed. In short, unavoidable ruin is an inseparable subsequent of antecedent unrighteousness.

It is very observable what is reported of the Persian Cambyses, how he flead one of his judges for bribery. Certainly it had been a very unjust punishment, if he had first sold him his place, much more if he had farmed it to him at a racked rent, Can we believe that this judge's son would have been willing to pay an exacted sum to sit upon bis father's skin? which however he was forced to receive for his cushion (being preferred to his father's seat upon the

bench) in order to terrify him from the like offence ; which the king very honestly told him would deserve the same punishment. This insiance is enough to convince us of the necessity of an universal and equal administration of justice, since even the Persians themselves, one of the most delicate and effeminate nations in the world, found the due execution thereof so essentially requisite to the preservation of publick peace, that they thought no punishment too severe for the transgression of so inviolable a law, upon which the welfare of all government depends.

In fine, there neither are, nor have been any nations so barbarous, nor any conjunctions or united bodies of men so inhuman, who, though they have exercised all manner of violence and, oppression towards their neighbours, or their enemies, have not at the same time established and required an exact observation of justice among themselves, as fundamentally necessary for the maintaining the true interests of their own community.

But our ancient English law-makers seem to have a deeper apprebension of the necessity of this truth, than any others; and, by those noble and never-to-be-forgotten laws, they have left us, one would think they had a prophetick respect to the degeneracy of the present times, particularly in relation to the grievances, against which this discourse is designed, as abundantly appears from the instances and citations immediately annexed. This Act was made Anno 5, 6 Edw. VI. Cap. 16, against the

Sale of Offices.
HE penalty for buying or selling of some sort of offices, for

the avoiding of corruption, which may hereafter happen to be in the officers and ministers in those courts, places, or rooms, wherein there is requisite to be had true administration of justice, or services of trust : and, to the intent that persons, worthy and meet to be advanced to the place where justice is to be ministered, or any service of trust executed, should hereafter be preferred to the same, and no other :

• Be it therefore enacted by the king our sovereign lord, the lords spiritual and temporal, and the commons in this present parliament assembled, and by the authority of the same, That if any person or persons, at any time hereafter, bargain or sell any office or offices, or deputation of any office or offices, or any part or parcel of any of them; or receive, have, or take any money, or fee, reward, or any other profit, directly or indirectly; or take any promise, agreement, covenant, bond, or any assurance to receive or have any money, fee, reward, or other profit, directly or indirectly, for any office or offices, or for the deputation of any office or offices, or any part of them, or to the intent that any person should bave, exercise, or enjoy any office or offices, or the deputation of any office or offices, or any part of any of them; which office or offices, or any part or parcel of them, shall in any wise touch or concern the administration or execution of justice; or the receipt, comptrolment, or payment of any of the king's highness's treasure, money, rent,

or

revenue, account, aulneage, auditorship, or surveying of any of the king's majesty's honours, castles, mannors, lands, tenements, woods, or hereditaments; or any the king's majesty's customs, or any administration, or necessary attendance to be had, done, or executed in any of the king's majesty's custom-houses houses; the keeping of any of the king's majesty's towns, castles, or fortresses, being used, occupied, or appointed for a place of strength or defence, or which shall concern or touch any clerkship to be occupied in any manner of court of record, wherein justice is to be ministered: That then all and

every

such

person and persons, that shall so bargain or sell any of the said office or offices, deputation or deputations ; or that shall take any money, fee, reward, or profit, for any of the said office or offices, deputation or deputations of any of the said offices, or any part of any of them; or that shall take any promise, covenant, bond, or assurance for any money, reward, or profit, to be given for any of the said offices, deputation or deputations of any the said office or offices, or any part of any of them, shall not only lose and forfeit all his and their right, interest, and estate, which such person or persons shall then have, of, in, or 10 any of the said office or offices, deputation or deputations, or any part of any of them; or of, in, or to the gift or nomination of any of the said office or offices, deputation or deputations; for the which office or offices, or for the deputation or deputations of which office or offices, or for any part of any of them, any such person or persons sball so make any bargain or sale, or take or receive any sum of money, fee, reward, or profit: or any promise, or covenant, or assurance of to have or receive any fee, reward, money, or profit: But also that all and every such persons, that shall give or pay any sum of money, reward, or fec; or shall make any promise, agreement, bond, or assurance for any of the said offices, or for the deputation or deputations of any of the said office or offices, or any part of any of them, shall immediately, by and upon the same fee, money, or reward given or paid, or upon any such promise, covenant, bond, or agreement, bad or made for any fee, sum of money, or reward to be paid, as is aforesaid, be adjudged a disabled person in the law, to all intents and purposes, to have, occupy, or enjoy the said office or offices, deputation or deputations, or any part of any of them *; for the which such person or persons shall so give or pay any sum of money, fee, or reward, or make any promise, covenant, bond, or other assurance, to give or pay any sum of money, fee, or reward.

• And be it also enacted by the authority aforesaid, That all and every such bargains, sales, promises, bonds, agreements, covenants, and assurances, as before specified, shall be void to and against him and them, by whom any such bargain, sale, bond, promise, covenant, and assurance shall be had or made.''

Cook, Rep. Lib. xii. 78. Hil. 8. Jac. IN

N this very term, in the case of Dr. Trevor, who was chancellor of a bishop in Wales, it was resolved, that the office of a

* Cook, Lib. xii. 78.

chancellor and register, &c. in the ecclesiastical courts, are within the statute 5 Edw. VI, cap. 16. The words of which statute are, “ Any office, &c. wblch shall in any wise touch or concern the administration or execution of justice.” And the words are strongly penned against corruption of officers; for they are, “ Which shall in any wise touch or concern the administration,”. &c. And the preamble : “And for avoiding of corruption, which may hereafter happen to be in the officers and ministers of those courts, places, and rooms, wherein there is requisite to be had the true adminis. tration of justice, in seryice of trust: and to the intent that persons, worthy and meet to be advanced to the places where justice is to be ministered, in any service of trust to be executed, shall be preferred to the same, and none other.” Which act, being niade for avoiding of corruption in officers, &c. and for the advancement of persons more worthy and sufficient for to execute the said offices, by which justice and right shall be also advanced, shall be expounded most beneficially to suppress corruption. And, inasmuch as the law allows ecclesiastical courts to proceed in case of blasphemy, heresy, schism, incontinence, &c. and the loyalties of matrimonies, of divorce, of the right of tithes, probate of wills, granting of administrations, &c. And that from these proceedings depend not only the salvation of souls, but also the legitimation of issues, &c.

And that no debt or duty can be recovered by executors, or administrators, without probate of testaments, or letters of administrations, and other things of great consequence : It is most reason that officers which concern the administration and execution of justice in these points, which concern the salvation of souls, and the other matters aforesaid, shall be within this, statute, than offi. cers which concern the administration or execution of justice in temporal matters ; for this, that corruption of offices, in the said spiritual and ecclesiastical causes, is more dangerous than the officers in temporal causes; for the temporal judge commits the party convict to the gaoler, but the spiritual judge commits the person excommunicate to the devil, Also those officers do not only touch and concern the administration of justice, &c. but also are services of great trust for this, that the principal end of their proceedings is, Pro Salute Animarum, &c. and there is no exceptor or proviso in the statute for them.'

It was resolved that such offices were within the purview of the said statute. Here follows the Duty of a Gaoler to his Prisoners, with his and other

Officers' Fees due by Law. BY

Y the common law we find, as Bracton, lib, iji. fol. 105.

• Gaolers are ordained to hold prisoners, not to punish them.' For imprisonment by the law is (neither ought to be) no more than a bare restraint of liberty, without those illegal and unjust distinctions of close and open prison (as is usual.) See Stamf. Plac. Cor. fol. 70.

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