CONCERNING PENAL LAWS: A DISCOURSE OR CHARGE at SESSIONS In the BURROUGH of BRIDGEWATER, 12 July, 1680.
By Sir JOHN MALLET Kt. Recorder there.
Part thereof being APOLOGIE for GENTLENESS to Protestant Dissenters.
LONDON, Printed for Thomas Cockeril at the Three Legs in the Poultrey, over against the Stocks-Market, 1680.
ADVERTISEMENT TO THE READER.
IF it hath been a supposal of some Wise men of late, That rather than live where all things were lawful, it were better dwell where nothing were lawfull but what's Commanded: Which shall be admitted rather than disputed; because neither case of that supposal is ever likely to happen in any Christian Countrey. It may perhaps by some be thought a happiness to be debarr'd (what was used to be the last Liberty of the Unfortunate) to VVish or to Petition; by such restraint to reduce Thoughts as well as Obedience, which is due to all the Ten Commandments, to be confin'd only to the Fifth.
From the like leave of using supposals, may it be lawfull to suppose, that, If some of those whose holy Function should be to teach men all their Duties both to God and Man, had instead of Moses been in the Mount, they would have pray'd God (what sin soever it would be to think so little of God, as to hope he would grant their bold request) to give them only that one Command of Obeying Magistrates, under the Name of Parents, and to leave all other Laws to their own dictating; how they would have managed such Power by turning Religion and the VVorship of God into setting up themselves, or Adoring and Flattery of Princes under the Name of Gods, from the Mode of some, and the many Absurdities that would be in Civil matters, may be imagined rather than said.
But if they please to consider, the Names Father and Mother there used, seem as well a Prophecy as a Law, that Princes should be Nursing Fathers of the Church, as well of the tender and weak, as of the strong Children of it. As the best Princes have alwayes accounted it their greatest Glory to become, and be call'd Fathers of their Countrey, for their Love, Protection, and well Governing their People by those Lawes which by ancient Usage, or prudent Legislation are found to be agreeable and Good; thereby Government would be as well Firm and Honourable, as also Easie and Pleasant both to Prince and People; who would strive to excell each other, the first by Princely Condescensions of Love, the other by returns of faithful and loving Duty.
[Page 4]Such certainly would be the Condition of these Kingdoms under the Government of our King, who by his Own most Noble Goodness deserves the Character of being the best Prince now living on the Earth; if those whose sacred Professions of Religion, Law, and of giving Councel (all which Qualities when well and justly used may be accounted Sacred) as it is hoped some of those who are to give Counsel, (considering Honesty therein is the true way to be Honourable) would be so honest in their Advices to his Majesty, and their Administrations under him, in whatsoever may concern Religion, Law, Safety, and the good both of King and People, as to preferre the inseparable common Interest of both, before their own or any private advantage.
All inferior Ministrations would then surely go well, or easily be set right, if those higher Powers bestow the Influence of their care and good Example on them.
Amongst other things, how low and small soever the ordinary course of Justice may seem, there having been some misreports and private Censures of something lately said in a Discourse or Charge at Sessions for a Town therein mentioned, concerning the Ancient and yet good way of Tryal by Juries; A Friend of our English Laws having a true Copy of what was there said, gives it to you; which the Author of that Discourse would not else yield to publish.
He in that Discourse, and the Friend who writes this Advertisement, might say much more in Commendation of the Common Laws of England, above the Civil or any other Celebrated Laws of Church or State, or any other place; had not the Excellent Preface of the Learned Sir John Davys to his Reports, and the Cases there, especially that of Premunire in the End of his Book, saved the labour of repeating what may be not only necessary for all our Lawyers to know, but delightfull for every Gentleman who may think himself concern'd in our English Laws, to read; there they and the Civilians, and our Clergy also if they please, may find by what our Ancestors answer'd when a Course of proceeding in Criminal Causes according to the form of the Civil Law was propounded, and in another Case when in former Ages an Alteration of the Common Law was endeavour'd, how concernedly they express'd their Love to the Laws of England.
A DISCOURSE OR CHARGE at SESSIONS In the BURROUGH of BRIDGEWATER, 12 July, 1680.
IT is now many years since by the desires and voluntary free choice of your Corporation, I have been your Recorder. And according to my duty, I have been often present at your Sessions.
And as it is the Custom of all Courts of Justice and Sessions, for one of the Justices in the Counties, and for Recorders in their Towns, by some discourse to the Grand Juries, to say something of the Occasion of their Meeting, and some general Recommendation of the Laws of England, and to give in Charge the most material Articles to be Enquired, and to Exhort the Juries to make Presentments with due care and regard to their Oaths, and the Laws, as the Cases shall require; I have on these former Occasions here spoken my minde truely and freely.
But as often as it hath been my part to say any thing here or elsewhere in publick, I have very seldom used, or had the leisure to set down in Writing what I should say.
[Page 6]Yet now two or three dayes before my coming hither, having consider'd some Inconveniencies which of late time have hapned, and may happen to my self as well as others, by mistakes or misreports; to prevent which in what I have to say, I have learnt from the care of Ecclesiastical persons and our Clergy, in their Discourses at their Visitations, as well as their Sermons, to write what I have to say, and with your leave to read and make use of my Paper in saying to you what I have here written. Though since the short time I have had to think of it, other occasions have hindred me from dressing this Discourse with any Exactness of Method or Language; but instead of being curious, it shall be plain and true.
Gentlemen, This hath alwayes been accounted one of the most considerable good Towns of this County, in respect of its Scituation, Bigness, the good Condition of the Inhabitants of it, and heretofore and at this present well esteem'd for Trade, being one of the best Markets in this County, to which there is a good resort by Land; and it hath also a Navigable River, which brings Traffick, not only for the Profit of the Merchants here, and the Countrey hereabouts; but paying also considerable Customs and Duties to the Kings Exchequer.
And as it hath by the Grace and favour of former Kings had Charters, whereby it hath very anciently been Incorporated, with great Priviledges granted to it, so it is for the prayse and commendation of those who have been and are of it, that they have behaved themselves so well, that those favours have been increased and not diminished: The latter Charters having still enlarged your Bounds and Priviledges, and from being limited within that part of your Town, which was the ancient Burrough, they now extend to the large compass of your Parish, which is of great Circuit, having so many Streets and Hamlets, as except the two Cities which give name to the Diocess, there is, I think, but one Town in this County that hath more dwelling Houses than this: Whereby may easily be understood the Concernment, Interest, and Esteem of this good Town.
And in respect of its Scituation, in a very good County, of which I would not, because our dwellings are in it, be thought to speak partially or flatteringly; but really, I speak my heart and my thoughts of it, and what hath been observed and said by others thereof: This County of Somerset is one of the best Counties in England for Arable as well as Pasture, and abundantly stored with the Noblest kind of Provision this Land hath been famous for: Which the Kings Court, the great City of London, and those who provide Victuals for the Navy, well know.
[Page 7]And I may further truely say for its praise and commendation, and affirm it of my own knowledge and observation, having lived many years in it, and being pretty well acquainted with the Inhabitants of it; They are in their several degrees, in respect of the goodness of their Natures, Understanding, and honest Dispositions, as good people as in any County of England.
In Religion they are good Protestants, and so few Papists amongst them, that I think I may say, no County in this Kingdom hath fewer Papists than this.
And consequently it is a most Loyal County, for I will boldly and truly affirm, That the Protestant Religion is a Religion of Loyalty.
My love to my King and Countrey, hath caused me to take this occasion of saying this in Vindication of this County from Aspersions of its Loyalty, and also to vindicate the sincerity of the Protestant Religion.
As I have said this of the County in General, I now come more particularly to your Town here, and our present business.
Entring into which, I must first take notice, that when we met here last, which was shortly after Easter, we of your Corporation gave unanimous testimony of our being good Protestants, and Loyal Subjects, by receiving the holy Sacrament in your Church on Sunday, and the next day in this Hall openly at your Sessions by our Oaths and Subscriptions.
And then all things were so well amongst you all, that your Grand Jury of that Sessions by their Enquiry on their Oaths, did not know any thing amiss of any moment to be presented, that I can remember: Whether there were any smaller matter of private Nuisance or Trespass then presented, I know not; but if there were, I suppose it will appear by the Records and Books of that Sessions; which being so lately, and things well then, I hope they so continue, especially in respect of the greatest matters.
If any thing be amiss, it will be your part to make presentment thereof as you shall find Cause, and this Court will do right accordingly.
And as I am your Recorder, it is my part to give you some directions therein.
[Page 8]But here I must by your favour take leave, First, to say something of my self; yet without Vanity, for I do not love Boasting, though now it seem somewhat necessary for me to say, what I thank God I can most truly say: That in the long time I have had this Relation to your Town; and the longer time whilest I had the honour to be one of his Majesties Justices of the Peace of this County; which was from the first time his Majesty Commissioned any (for I never would have, nor had, or acted by any other Commission than the Kings) I alwayes made it my care so to behave my self therein, that no man hath hitherto charged me, or can have any cause that I know of, to charge me with doing any Injustice or Oppression, or of taking any Bribe whatsoever, or doing any thing that would be a Scandal or Shame to Justice. If I have done any such thing, I desire any one to bear Witness against me openly.
I am not Ignorant, that something hath been reported as a seeming Reflexion: That I have not been severe enough against those of his Majesties Protestant Subjects who are commonly called Dissenters in Church matters.
Of which I have this to say:
That I do not Justifie any Disobedience of any persons to the Laws, neither by my own Example or Encouragement. For it is well known, that I, and all my Family have ever constantly resorted to the Church, and come thither at the very beginning, and often times before the Common-Prayer and Service begin there, and continue there all the while; and this not out of a formal, but I hope with hearty Reverence.
And I can boldly say, that in two Parishes where I am most concern'd, by having long time dwelt in a Parish in the West part of this County, and of late years in another Parish in the East part of it; my Example in those places and the Neighbourhood, and Gentle discoursing to perswade them to come to Church, hath brought I think all of those Parishes to the Church: I am sure most of them come more constantly thither, considering the proportionable largeness of those Parishes, than in other places where Severities have been used.
And I will with your leave make this further Observation, which hath been a common Note: That it frequently happens that those who are for the more rigid Compulsion of others, oftentimes fail themselves; they, or some of their Families being commonly absent from Church.
But I am not ashamed or afraid to say; That I do own my Tenderness to others hath been not only of a Kindness, which I [Page 9]think is natural to most English Gentlemen; but of a charitable belief, that most part of those who are called Dissenters, do hold the same true Doctrine and Principles of Religion with what is contained in the Articles of the Doctrine of the Church of England, which do all of them agree with the Holy Scriptures, and the true Doctrine of all sound and Orthodox Protestants.
And of the Loyalty and peaceableness of such Protestans, I think no body hath cause to doubt; but rather to pity their Tenderness, and by Gentleness seek to win them to comply in the smaller matters of outward Conformity, and a few indifferent Ceremonies, seeing they agree with us in the main and substantial matters of Doctrine.
And there hath been some considerable doubt, whether those Penal Statutes which at the time of making them, were exprest and intended to be only against Popish Recusants, shall extend to Protestant Dissenters.
One other thing I have always thought of, which I think is worthy the most serious consideration of all English Magistrates: That the ever good and ancient way of Tryal, even from the beginning of our English Laws, having been by Juries, whereof the Great Charter is but Declaration and Confirmation of our common Laws therein, which also hath been multitude of times confirm'd by our Statute Laws and Acts of Parliament; Justices of the. Peace and others to whom the Ministration of our Laws belong, cannot be too careful in any matters left wholly to their Will and Power to hear and determine without Juries; I say, I think they cannot be too careful to avoid going beyond the Rigor of the Laws, or hardly to the utmost Rigor of them.
For my part, I think it hath been no unhappiness to me, that whilest I was in Commission of the Peace in the County, there was seldom any considerable Complaint made to me, wherein I might Judge according to my own Will, without a Jury: And if there were at any time any such cause brought before me, I thought it my best way, for fear of exceeding the Laws, if it must be thought an Error in me, to be as gentle as may be, to erre on the gentlest side.
By such means to prevent and reclaim any from Offending, rather than to watch and take all Opportunities to make them feel the extremity of Penal Laws, especially where the proceedings are without Jury.
Yet I acknowledge, the Execution of such Laws are very just, when the Magistrate doth not exceed the Directions and the Methods of those Laws and Statutes in those cases.
[Page 10]Though I have observed, that some such Laws in King Henry the Seventh's time were of short continuance, and soon repealed, and two of the Promoters and busiest Executioners of them, came shortly after to unhappy ends for their severe Exactions.
Besides, how free soever any Justice may be from having any part of the Moneys, yet if he be very active in Levying great Summs of Money by Fines set by himself, out of Sessions, unless in such other publick manner as may make it appear he hath no share, it will be very hard to avoid being suspected thereof, how free soever he may be of it.
I will give you some Observations more of Tryals by Juries.
They are to be of the same County, indifferently chosen and return'd by Sworn Officers, and are to be Free-holders, or other honest men of good Understanding and sufficient Estate.
It would seem as strange a thing to see a very mean Jury rerurn'd to try Offenders of very great Quality, as for the greatest sort of Persons to be returned and serve in the Tryals of persons of the lowest degree.
In what Manner and for what Causes, the party to be Tryed may except against the Jury, or any of them, will not be needfull here to mention.
For my part, I think Juries of the Gentry and Yeomandry, or men of good Estates, with some equality and indifference mixt together, to be the best way of Tryal in the world, and most agreeable to the ancient Laws of England.
I do not find that the Clergy-men, though there be about nine or ten Thousand of them Free-holders in England (reckoning about so many Parishes, whereof they are Parsons and Vicars, besides other Dignitaries) have for above six hundred years been returned or serv'd as Jury-men, I am sure in matters Criminal and cases of Blood, they were never used as Juries in any such matters, except perhaps, which I am not very certain of, concerning the Statute commmonly call'd the Statute of six Articles made in the Thirty first Year of King Henry the eighth: Wherein what is there mentioned and call'd Heresie, was thereby made tryable by Jury.
Of which Statute an honest and worthy Clergy-man, Dr. Burnet, in his History of the Reformation, lately written by him, and 23 May 1679. allow'd by the truly honourable Secretary Coventry to be Printed, saith thus:
Yet it seems the Clergy, which were then of the Popish Religion, did shortly after the making of that Statute leave off Juries, and proceed in their Arbitrary way of Tryal without them.
For to remedy their so doing, in the thirty fifth Year of the same King, another Law was made; That no person shall be put to his tryal upon any Accusation of any Offences comprised in the aforesaid Statute of Thirty one Henry Eight, but only such as shall be made by the Oath of twelve men before Commissioners authorized, and the presentment to be made within one year after the Offence Commited; And that no person shall be Committed to prison for any such Offence before he be Indicted thereof.
I forbear from hence, and from much more that might be said from our Laws, but chiefly from the Holy Scriptures of the New Testament, wherein Christ did refuse to be a Judge in Case of Blood and other Temporal matters, to make any Inference or reflection upon any of our Clergy, seeing many of them are pleased with employment of that kind.
But for Juries I have some few short Notes more to observe unto you.
That after Juries of Tryal are sworn, and the Tryal begun, I think they should not at all, but I am sure they are not ordinarily to be adjourned till the Cause be fully heard and ended.
And then, if they go from the Barr, as they may go together if they will, before they give their verdict (for it may seem to prejudice the freedom which belongeth to them, to perswade them not to go from the Barr) and consult together in some private place, where none may have influence over them.
And they must have time allow'd them in private, till they be all and every one of them agreed, before they give their Verdict in the Court.
For a Jury of twelve men for tryal of a Cause, doth differ from a Grand Jury of Enquiry in this, that in all Juries of Tryal all and every one of the Jury must be agreed in the same point, without going to the Poll for the Major part of Votes; whereas Juries of Enquiry may carry matters before them by the Vote of the greatest number among themselves.
[Page 12]Now to close this part of this Discourse about Tryals, with somewhat concerning Witnesses.
It hath ever been the good old way, warranted by the Holy Scripture, and by the Laws and Usage of England, that the party accused should know the Witnesses and Informers against him, and have them face to face.
Except in Cases of dangerous Conspiracies, where it may be necessary to keep the Witnesses very secret till the matter be throughly examin'd, and the danger prevented.
But regularly, when the Party comes or is brought to Tryal, the Witnesses if living ought to be present, unless disabled by sickness, or being beyond the Seas; and in that case the cause of the Witnesses absence ought to be sufficiently proved by Oath, and there must be other very clear plain and full Evidence against him, or the Tryal to be put off till some other time.
The doing otherwise, would perhaps be mistaken to be in imitation of some Ecclesiastical or Martial Foreign Laws, whereof I forbear to say any thing; but that I do not know by any positive Law of England, the Party when he comes to his Tryal should be denyed to know the Witnesses against him, and to have them face to face.
Now Gentlemen, to what concerns your Town and Corporation, to which I bear a most true and unfeigned respect, and to you all: What I am about to say, is not out of any design to Ingratiate my self amongst you, but because I think what I speak is very true.
I think you are as happy as any People or Corporation that I know of, in the good choice of your Maiors and Aldermen, who dwell among you, and are your Magistrates in their respective Years and times of Government, by their behaving themselves so worthily in their Magistracy, that they preserve the good Reputation of your Town, and the respect due unto themselves.
The Articles I shall now mention and recommend to the care and Enquiry of you (Gentlemen of this Grand Jury) are such matters as are ordinarily to be enquired at any of his Majesties Sessions of the Peace; from the highest to the lowest Offences, though some of the matters you are to Enquire of are of so high Nature, that they are not to be tryed here, but at the Assizes and other Courts.
[Page 13]Yet if you know of any such Offences, you must acquaint us therewith, and we will take care to transmit the Examinations and Offenders, if any be here taken, unto those places and Courts where they may have their Tryals and Punishment.
But for things within the power of this Court to hear and determine, if you Indict the Persons, and that they may be brought before us, we will proceed against them according to the Law in such cases.
In the first place, our Law intends the preservation of the Life and Person of the King.
Here I must tell you very truly; That our King Charles the Second, whose Life I pray God long preserve, is the life and well-being of this Nation, in respect of the Protestant Religion and our safety. And I speak sincerely and without any base fawning flattery, that I believe, by what I have understood by some Honourable and knowing men (for I do not frequent the Court, yet am not altogether without having had some Opportunities to make my own Observations there) that the King of His own self, is of an extraordinary good and Gracious Nature, a lover of the Protestant Religion, and the welfare and happiness of his People: And that in His own most Noble Disposition, and ingenious readiness of Wit, his Affability and natural Goodness, he doth far excell all that are about him: And I believe he doth therein excell all other Princes: And that whatsoever he doth of His own self intend or purpose, is meant by Him to be for the good and happiness of his Subjects. And he doth infinitely deserve their Love and Duty mixt inseparably with the greatest Humility and most faithful Loyalty that good Subjects can express to a most Gracious King.
- To compass or Imagine the Death of the King.
- To Levy War against him.
- To Counterfeit his Great Seal or Privy Seal.
- And to Counterfeit his Money.
To Kill the Lord Chancellor, Judges or Justices of Oyer and Terminer, being in their places doing their Office: Are by that Statute declared to be Treason, and to be punisht with Death and Forfeitures as therein mentioned.
And by a late Statute made in the Thirteenth Year of his Majesties Reign that now is,
[Page 14]It is Treason during this Kings Life, to compass, imagine, or intend his Death or Destruction, Wounding or Imprisonment, or to deprive or depose him of his Kingly Name and Crown.
There are also Treasons by other Statutes.
27 Eliz. If any Born within the Kings Dominions be a Jesuit, ordained a Priest by the pretended Jurisdiction of Rome, and come and remain in any of his Majesties Dominions, it is Treason.
By 23 Eliz. and 3 Jac. It is Treason for any to bring Absolutions, or to exercise power to absolve, or to withdraw any of the Kings Subjects from their Allegiance and Obedience, &c. to reconcile them to the See of Rome.
The knowing of Treason and concealing it, is call'd Misprision of Treason, and to be punisht with Fine and Imprisonment.
Concerning Praemunire, which I think proper in the next place to acquaint you with:
You are to know, it is no new, but a very ancient and necessary care and watchfulness provided by our Laws, against the dangerous and encroaching Jurisdiction of the Popes and See of Rome, which have always had designs against England; our Laws and theirs being Incompatible.
For, from the time of King Edward the third, and the Reigns of the succeeding Kings, there have been Laws made, That if any of the Kings Subjects obtain provision or promotion to Benefices from the See of Rome; or if any Appeal from the Kings Courts of Justice to the Court of Rome, they shall be Imprisoned during life, and forfeit their Lands and Goods, and be out of the Kings Protection.
This is commonly call'd a Praemunire, from the Words in the Laws, and in the Process concerning it.
Of later times other Offences have been also very justly put under the same punishment.
Most of those Offences so to be punisht, being concerning the introducing of the Popes pretended Jurisdiction, and denying Allegiance to the King.
The particulars of those Offences being many and long, as also other Offences that are Treason by Statutes, you may best read the Statutes themselves, for the more full knowledge of them, and for bringing the Offenders to punishment.
[Page 15]The like Advice I give you, of Looking upon the Statutes when there is any occasion to make Presentment against any Statute, as well to avoyd Mistakes, as also to save me the Labour, and you the Time, of mentioning all Offences against our Statutes and Acts of Parliament.
Concerning Felonies.
There are Felonies by the Common Law, and also by Statutes, but I shall not be able at this time to name them all to you, and distinguish them severally: But tell you, that the Punishment and Sentence which the Law pronounceth on Felony, is Death. Yet in many Cases there is an ordinary Mercy allow'd, which is call'd Benefit of Clergy. But the greater Felonies are not capable of it.
I should, before I named Felonies, have told you of Petty Treason, which hath somewhat a higher Name put to it than other Murthers:
It is when a Servant kills his Master, a Wife her Husband, or a Clergy-man his Bishop.
Other Murthers are Felonies:
As where any by Malice forethought, express'd or implyed, doth kill any Man, Woman or Child, this is wilfull Murther, and is not capable of ordinary Mercy.
So is the killing any one by Poyson or Stabbing.
The killing by sudden Fray and Assault is call'd Homicide or Manslaughter, and in some cases it may be capable of Ordinary Mercy.
If one in doing a lawfull Act happen to kill another, it is call'd Chance-Medley, or Misadventure.
And if in his own Defence any man happen to kill another, it is by the Law enquirable by Indictment, though there be Mercy allow'd of course.
Rape, if a man by force have the Carnal Knowledge of a Woman against her will, is a very foul Felony.
So are the foul Acts of the highest degree of Beastliness, Buggery and Sodomy.
By a late Statute, 23 Car. 2. If any person maliciously cut out the Tongue, put out the Eyes, cut off the Nose, or disable or maim any Limb or Member of any of his Majesties Subjects, it is Felony without Benefit of Clergy.
[Page 16]These before mention'd are Felonies against the Person, I will Name to you some Felonies that are against your Possessions and Goods.
Breaking any mans dwelling House in the Night-time, with intent to Steal, or do any Felonious act there, is a very great Felony, for which the benefit of Clergy is not allow'd.
So is the Robbing of a Church.
And Robbery of any thing from any mans Person in the High-way.
The Stealing of Cattel or Goods from any mans possession, is also Felony, but in some cases the benefit of Clergy is allow'd.
The Stealing of Goods, though it be the Goods of a person unknown, is Felony by the Law.
So is the malicious Burning of any mans dwelling House, or Stacks of Corn or Hay.
The Cutting and Stealing Cloth from a Rack, is Felony, whereof the benefit of Clergy is taken away by a late Statute.
I have been the shorter in naming these Offences to you, because if there be any Offences of Treason or Felony, they are commonly so Notorious that they will not escape your presentment, though we cannot punish them here, but transmit the Examinations of them, and the Offenders, if any be, to other Courts, to be proceeded against and punisht.
There are, certain other Offences against Gods Divine Laws, which our Laws take notice of to punish with pain and shame; though the punishment of that which I shall next tell you of, by our Laws, is less than the greatness of such wickedness doth deserve.
These are Perjury and Subornation of Perjury; sins and Offences of so deep a dye of guilt, that though our Laws have not appointed Capital punishment for them, no doubt but God will severely punish them. For he that hath said, He will not hold him Guiltless that taketh his Name in Vain, will much more dreadfully punish that man who breaks both the Tables of his Commandments by a false Oath, or by procuring another to Swear falsely. Such Perjury oftentimes being the occasion of Murther, by false Accusations that may take away the Life; or of Oppression and Robbery, by taking away the Liberty, Estate or Goods, by causing heavy Fines and Punishments to be laid on their Neighbours. And by such false Oaths and Informations Courts of Justice are abused, when it is not possible for any Judges to discern them; And hereby unavoidably if Perjury pass for Truth, the Law which should be for the protection is turn'd into the destruction of the Subject.
I hope within this Town there are none such; if in any other part of this County or elsewhere, anything of this kind be suspected, we have nothing here to do with any thing done beyond the limits of your Town.
[Page 17]But the other Offences of customary Swearing and Cursing are frequent in every place, if you find any in your Town who offend therein, you may do well to present them, that they may be punisht according to the Law, which though it inflict but a gentle punishment, by paying a little Money for so great Offence, that, and the Admonition of Friends may reform them, and help the poor to whom the penalty by the Law is to be given.
Our Laws do also punish other Offences against the Divine Laws.
The Breaking of the Sabbath, by Travelling, or using Trades, or Selling Marketable Wares, and labouring on the Sundays.
For though it be not only Lawful but Commendable, and Commanded, to follow our Callings six days of the Week, yet it is unlawfull (except Works of Piety, or extraordinary Necessity, or Charity) to work, labour, or do our lawful businesses on the Seventh day, the Lords day, Sabbath, or Sunday, call it by what Name you please, so as you kep it holy.
And if on that day we may not follow our ordinary lawful Callings and Works, it is much more unlawful on that day to do what is unlawful to be done at any time, by spending that day, or a great part of it in Taverns or Ale-houses, and with the worst sort of Company, when we should be at Church and Divine Service; the Omitting to be where we ought to be, and being where we ought not to be, especially at that time, ought to be punisht by the Laws in that case.
Those who go to Church ought also to behave themselves reverently there.
If any disturb the Minister in time of Divine Service or Sermon, it is a great Offence, punishable by the Laws.
So is the depraving or speaking against the holy Sacrament.
It would require too long time for me to enumerate all Offences which concern Religion and Divine Worship: Some of them are of Ecclesiastical Congnisance, some punishable at the Assizes, and many of them punishable by Justices of Peace at home, who all know the Laws and Statutes in those cases; therefore, especially of what Justices of the Peace may punish at home without the help of Sessions or Jury, I forbear to say any thing here, more than what I have already said.
That which I come next to tell you of, is certainly within the Jurisdiction of this Court to enquire and Punish.
That is to say, The Stealing of Goods not exceeding the value of Twelve Pence; this by the Law is call'd Pettit Larceny, and to be punisht by whipping; which Punishment of young Offenders may do good, in preventing their greater Thefts, and save them from the Gallows.
There are also many other Offences of publick concernment, and some of them of moment to be enquir'd and punisht here.
If any number of Persons have combin'd together to make Quarrels and break the Peace.
[Page 18]If any three or more go forward in a Turbulent way to do an unlawful Act, it is call'd a Rout.
If they go on by force, and do an unlawful Act and Breach of the Peace, it is call'd a Riot.
Upon presentment or Indictment thereof, if the parties be found guilty, they are to be punisht by Fine.
In any Travel unusually Armed, to the terror of others.
Or are common Night-walkers, especially if they be dangerous persons.
And any that hinder the apprehension of Malefactors, or make Rescous, or break Prison, such Offenders are also to be enquir'd after, and punisht according to the Law in such cases.
I forbear to make mention of those that shew strange and Monstrous sights, because I will make no reflections on something lately in another part of this County, whereof I will say nothing here.
There are other Offences against the Peace, which are hurtful to particular persons, of which if there be cause of complaint, you will hear from the Parties grieved; yet such matters are to be enquired of by you, because the Indictments are on the Kings behalf, the Offences being against his Laws and Peace.
Such are Assaults, Battery, Maims, False Imprisonments, Forcible Entries, Unlawful Cutting and carrying away young Trees, forcible Trespasses, and hurting the Cattel and Goods of another, Cheatings, Deceits, Menaces, Threats, and Slanders: All these are Offences within your Enquiry; and Punishable here, and no doubt but many persons will be apt enough to make complaint; concerning which, if they bring their Bills, and complain to you, Justice must be done. But many of these Angry differences happen among Neighbours, which by Mediation of Friends may be happily ended between them without such trouble.
There are matters also concerning Artificers, Labourers and Servants, to be taken notice of, and to be Ordered and redressed here.
If any such do conspire together to advance their Wages beyond Law and Reason.
If Workmen depart before their work be done.
If Servants behave themselves disorderly.
If any that are fit to go to Service, and have no other visible Estate or means of Livelihood.
All these are to be order'd according to the Law in such Cases.
But if they be truly Poor and impotent, they must be provided for and relieved.
Here I must recommend to the care of the Overseers of your poor, the binding poor Children Apprentice, as one of the best provisions to prevent the encrease of the poor, and also thereby to prevent the ill and lewd Courses and Offences which by Idleness such young people would quickly learn and commit.
[Page 19]The Overseers of the Poor ought also to be careful in all other things belonging to their Office, which if they neglect one Month, they are under a Penalty for every such neglect.
Concerning Trades, which in this Town are considerable.
By the several Statutes about Trade, there are a great many Directions, which you are pretty well acquainted with upon former Occasions, which I suppose you have had, to take notice of them, that I may be the shorter in mentioning any of them now.
There being particular Laws about each or very many of these and other Trades: Braziers, Pewterers, Tanners, Curriers, Shoo-makers, Coopers, &c. That they shall make their Wares good and saleable; and also concerning the Surveying, Marking, Sealing, and Ordering thereof according to the several Laws in those cases.
If you find any thing needful to be Redress'd, we will look into the particular Statutes, and read them: Else they are so long and many, that it would take up a great deal of time. The Laws only which concern Clothiers, if we should mention all the particulars of them, would require many hours: But you may read those you may have occasion for; and the Statute-book shall be ready for you.
This in short may suffice to tell you: That, as the Law hates and punishes Force done to your Persons and Goods, it also doth hate and punish Frauds, Deceit and Cheating in any trade or dealing.
And it takes Especial care of those Trades which concern Victuals: That all sorts thereof which may be sold, shall be good and wholsom: Whether Flesh, Fish, Bread, Drink, or any thing else; and at reasonable Prizes.
Those which shall hinder your Plenty are also punishable.
Whether they be Forestallers, who buy in the way before coming to Market, what should be bought there.
Regrators, who buy Victuals in the Market to sell again in the same, or in some Market neer thereunto, to advance the price.
Ingrossers, who get into their hands or custody by buying thereof, great quantities of Corn or other dead Victuals, to withhold the same from the Market when it is cheap, and to sell again when the same shall be dear.
The Offenders shall forfeit the value of the goods, and also have further punishment as the Law and Statutes in that case have provided. 6 Ed. 6.
Offences also that relate to proceedings in the Law, are punishable by the Law.
Barretters, who are common stirrers of Suits, Actions and Quarrels in Law.
Those who endeavour to corrupt Juries.
Magistrates taking Bribes.
Officers taking undue Fees.
[Page 20]I hope there is no cause of any thing of this kind here, for I believe you have a worthy and honest Maior, Aldermen and Town-Clark, and that all your Officers are honest.
If it be otherwise, it is your part to enquire and bring them to Punishment. And if I have taken any Bribe, make me an Example of Punishment.
The Office of Clark of the Market, I think, belongs to Mr. Maior of your Town, who is so worthy and just, that I suppose there is no cause, to complain of any thing relating to that Office.
I shall close what I have said, with recommending and putting you particularly in mind of the Customs and Duties due unto his Majesty, which all persons from whom they are due, ought to pay without Resistance, Fraud or concealment. You all know the several Branches of the Kings Revenue by the several Acts of Parliament concerning them, and there are Penalties for Refusals and Frauds. You ought to pay the Duties justly to the Collectors, and those who are employ'd to gather them.
If the Officers make complaints of your Defaults therein, we must and will give them Assistance as the Laws require us to do.
And if upon hearing of the Case, we shall find that the Officers Employ'd in the Collecting, do you any wrong in any thing, by those Laws referr'd to us, we will take care that Right shall be done between you and them, so far as the Acts of Parliament impower us concerning the same.
Gentlemen, I might enlarge this tedious Discourse with a more formal Admonition concerning your Oath; But I know you so well understand, and are so honest, that you will keep it; and being dwellers in this Town, you are better acquainted than I am with the Affairs of it; and whatsoever I have omitted to give in Charge for your Enquiry within the Compass of your Town, and Jurisdiction of this Court, you will supply with your Care, therefore I leave what belongs to you to doe therein, to your Consideration.