THE SPEECH Of the RIGHT HONOURABLE HENRY EARL of Warrington; Upon his being Sworn MAYOR of Chester, In NOVEMBER, 1691.

I AM much oblig'd to you, for the respect you have done me, by putting this Trust into my hands; and your Kindness is the greater, because you did it without any Sollicitation on my part; for I did so little expect it, that I was extreamly Sur­priz'd when I read my Predecessor's Let­ter, which gave me to understand, That your Choice of a Mayor for the Year ensuing was fallen upon me; it is a great Trust that you repose in me, and I hope I shall not Disappoint you in the Considence you have of me.

It is with some Inconvenience to my private Affairs, That I have taken this Journey; yet had my particular Occasions suffer'd more, I should have made no difficuly [Page 2]in postponing them, when an opportunity offers it self of doing any Service to the Publick, or to th [...] Corporation; neither could I have been excusable, if I should have put so great a slight upon the Respect and good Will of my Friends, as to refuse to Serve them in this, or any other Capacity.

By the Oath I have now taken, I have oblig'd my self before God and the World, to that, to which my own In­clinations did zealously dispose me; for it was with ex­tream Grief, when in the late Reigns I beheld your Liber­ties and Franchises were Ravish'd from you: What in me lies, shall not be wanting to repair those Breaches that have been made, and to prevent the like Invasions for the fu­ture.

I hope during this King's Life we are out of such Dan­gers, since the offering up of Charters can be no accepta­ble Sacrifice to him, because he came to the Crown upon English Principles, and Governing by such Politicks, is that alone which can make him Safe and Glorious. But you may remember, that lately we had Two Kings, to whom nothing was so acceptable, as the submitting our Religion and Liberties to their Arbitrary Wills and Pleasure; and this Nation was then so unfortunate, as to have a Party in it, tho much the least, who were industrious to comply with those two Kings, in their wicked Desires.

The first step made by that Party was in their ful­some Addresses, where they deliver'd up themselves, and all they had, to be disposed of at the King's Pleasure: Ma­king no other claim to their Liberties and Civil Rights, but as Concessions from the Crown; telling the King withal, That every one of his Commands was Stampt with God's Autho­rity; and a great deal of such nauseous Stuff, much fitter to be offer'd to some Eastern Monarch, or the French King, than to a King of England governing by the Laws of the Realm.

Well had it been, if their Falshood and Flattery had gone no further; but contrary to their Oath, and the Trust reposed in them, they proceeded to the Surrendring of Charters; a thing so contrary to Justice, and inconsi­stent with the Fundamentals of the Government of England, that if such Surrenders can be justified, I don't see what can be Dishonest or Ʋnlawful: yet such Proceedings became a Test of Loyalty, by which they thought to recommend themselves to the King's Favour, whilst those who dissented in this point were accounted disaffected to the Government, and were loaded with all manner of Reproaches: But Gen­tlemen, till then it was never accounted Liberality, to be generous at the expence of others: nor the usual way of recommending a man's Fidelity, by betraying of a Trust; nor to bring a man's word into credit by making light of an Oath.

These things I mention, not that I desire to keep up Di­visions amongst us, or to discourage any that are sorry for what they have done, and are willing to come into the In­terest of this Government; for I wish from my Soul that we were all of a mind; but I mention these things, to te­stify my dislike of such Proceedings, and to shew how much I desire to prevent the like for the future. For I am sure no man can be hearty for this Government, who does not abhor such Proceedings as these were. And saying this, it puts me in mind of an Observation which I have made for some time, which is this, That generally those people who refuse to take the Oaths to this King and Queen, are such as were active in, or consenting to the surrendring of Charters, which shews they are men of extraordinary Consciences, who think it unlawful to Swear to this Government, and yet could think it not only lawful, but an Act of unshaken Loyalty, to break their Oaths, and betray their Trust.

If there be any such in this Corporation, I hope they are but few, and will serve as Examples, not of Imitation, but [Page 4] Admonition, to put others in mind of their Oaths and Duty.

Gentlemen, Let us preserve our Liberties and Freedoms; he is the most Loyal Subject that walks the nearest to the Laws; he that preserves his Freedom and Birth-right, is better able to serve his King and Countrey, than he that has parted with them. Had not our Forefathers observed this Rule, we had had no Liberties to boast of; and surely we are bound to leave our Posterities in the same Freedoms which we re­ceived from our Forefathers. Therefore let us bless God and the King for our Wonderful Deliverance; and let not the Aversion of some to this Government, make us remiss in our Duty.

But, Gentlemen, in saying this, I don't design to per­suade any man to Rigorous Courses, or to stretch the Law beyond its Fair and Natural Construction, to serve a turn; I will never practise it my self, nor advise any other to it; I utterly disliked such Proceedings in the Two late Reigns, and I am not now better reconciled to them. Let every man have Right according as the Merits of his Cause shall deserve: Let no man's Complexion or Opinion weigh at all. This Impartial Method will best support the Honour and Peace of the City: Such fair Treatment will convince many of the Reasonableness and Justice of this Government; at least it will in a great measure stop the mouths of Gain­sayers, and cannot fail to meet with good effect. What I have more to tell you, is. That I shall ever pray for, and endeavour the Prosperity of this City.

THE SPEECH OF THE RIGHT HONOURABLE HENRY Earl of WARRINGTON, &c.

THE Preservation of the Publick Peace, is the Occa­sion that hath called us to­gether at this time; in which no man can be re­miss or negligent, when he considers, that his parti­cular Interest, as well as his Duty, doth indi­spensably oblige him to do what in him lies to support it. In order to this, that which is now more especially expected from us at this time, is,

[Page 2]1. To Enquire into the Neglects of those in whom the Law hath reposed any Trust: And,

2. To discover those who have broken or violated the Laws; that such Criminals may be brought to condign Punishment.

And since the Execution of the Laws is our proper business; and that the Laws should have their course, is absolutely necessary to the Being of the Government; therefore it may not be impertinent (as I conceive) at this time, to say something of the Nature of Govern­ment, and particularly of our own Constituti­on; or rather, it seems necessary to take all oc­casions to explain it, considering what variety of Opinions there are amongst us, of that which is, or ought to be, the Supreme Autho­rity or Power in England.

Many Wise and Learned men have written of the Nature of Government, and given ex­cellent Definitions of it; but of all others, the Learned Aquinas seems to me to have done it in the fewest and plainest words; says he, ‘It is a rational Ordinance for the Advancing of the Publick Good.’ And next to him is Plato, [Page 3]whose words are these; ‘Government, or Law, says he, is to Preserve the huge and indigest­ed Lump of a Multitude; and to bring all Disorder into Proportion, so as to become a Harmony.’

Several others have spoken to the same pur­pose, which I omit, because I will be as little tedious as I can: But two things are observa­ble from hence.

1. That Order and Peace is, or ought to be, the end of every Government.

2. That in every Government there is some particular Principle that runs through the whole Scheme of that Constitution; and as that Prin­ciple is followed or neglected, so accordingly it goes well or ill with the Publick; that is, When those who are intrusted with the Execu­tive Power, do pursue that Principle, every thing moves regularly, and the Government is firm and stable; but when they steer by any other Measures, the State doth unavoidaby fall into Disorders and Convulsions: So that who­ever he be that is placed at the Head of the Go­vernment, if he desires to have the Hearts and Prayers of his People whilst he lives, and that After-Ages shall bless his Memory, it is neces­sary,

[Page 4]1. That, in general, he resolve to Govern well: And

2. Throughly and rightly to apprise himself of that Principle that is the Soul of the Go­vernment; or at least that he be advised by such as are most likely to know it, and will give him faithful Counsel; otherwise he will be like a Traveller, that in the Night misses his way upon some large Plain, wandring he knows not whither, and is more like to meet with some disaster, than to find his way.

Having said this, it is natural for you to ex­pect that I should tell you, what that Principle is, which is the life and foundation of this Go­vernment.

If I am not much mistaken, and I am verily perswaded that herein I am not, I take it to be this. 1. That every Subject of England hath so clear a Property in his Life, Goods, and Estate, and every thing else which he lawfully Possesses, that they, nor any of them, can be taken from him, nor ought he to be disturbed in the enjoyment of them, without his voluntary Consent, or for some Offence against the Law. 2. And in the next place, That there be not a failure of Justice, that is, that no man be left without Remedy, [Page 5]where his Right is concerned, and that every Criminal be Punished according to the demerits of his Offence.

I am apt to believe, that every man will think, that this is very agreeable to natural Reason, and then I do not see how it can be inconsistent with the Prerogative of the Crown; though I know that not very long since, and I fear yet, there are some who carry the Prerogative much higher than it ought, in placing it above the Law: But no­thing, save the iniquity of the times, and the de­pravity of such mens Manners, could support or give countenance to so senseless a thought; for they are very ignorant of the nature of Pre­rogative, if they think it is a Power to do hurt, and not to do good. Certainly the King's Pre­rogative is to help and relieve the People, where the edge of the Law is too sharp and keen; and not a Power by which he may Oppress and Destroy his Subjects. Men are to be Governed by a Power that is guided by Reason, unless we can suppose that they have no more under­standing, and are of no greater value, than the Beasts that perish.

It was said by one who was a very compe­tent Judge in the case, as I remember, it was Sir John Fortescue, That it is a greater Power in a Prince to be restrained by Law from Oppres­sing, than to have an Absolute Regal Power. And says another, The Way of Governing must be both Right and Clear; as well as is the End; and how this can be expected, when a King is guided by no other Rule, than that of his un­bounded Will and Pleasure, I do not see, any more than a man can depend upon the Weather.

Do not all examples of it that ever were, prove, that Absolute Power and Oppression are inseparable, and as naturally proceed the one from the other, as the Effect doth from the Cause? 'Tis a Riddle to me, how that Prince can be called God's Ordinance, who assumes a Power above what the Law hath invested him with, and useth it to the Grieving and Op­pressing of his Subjects: May not the Plague, Famine, or Sword, as well be called God's Or­dinance, since one, no less than the other, is sent by him for the Punishment of that People whom he so visits?

We may reasonably suppose, that Order and Peace are much rather the end of Government, than Oppression and Violence, because God is a God of order; and when he sent the greatest Blessing upon Earth, it was Peace; and though God was often very wroth with the Kings of Israel and Judah for their Idolatries, yet the Inno­cent Blood they shed, and the Violence and Oppression which they committed, provoked him more highly, and with his severest Judgments he always testified his Displeasure against it.

I could run out into a large Discourse upon this Subject, but I will stop here, because I am perswaded, that what I have already said, is sufficient to convince any one, who is unprejudi­ced, That an Absolute Power is so far from being the Right of the King of England, that the exercise of such a Power is Unlawful in any King.

I know very well, that in the late Reigns this Doctrine would not have been endured; to have said less than this, would have cost a man his Head: For whoever would not then [Page 8]comply with Arbitrary Power, was called a Factious man, and an Opposer of the Government; but is it not nonsense, or very near a-kin to it, to call that Seditious, that is for bringing things into Order, and for maintaining the Laws and supporting the Government? Arbi­trary desires never did any King good, but have ruined many. It shook King Charles the Se­cond's Throne, and tumbled down his next Suc­cessor; and though such Kings are left without excuse when Ruined; yet I may say, they are not only in the fault, for their overthrow is in a great measure occasioned by those who Preach up, and advise the King to Arbitrary Power.

Did not other People cocker up, and cherish Arbitrary Notions in Kings minds, though such Conceptions might sometimes get into their heads, yet they would never fructifie, nor come to perfection, if they were not cultivated by Parasites, who make their Court that way, in hopes to raise themselves, tho with the hazard of their Master's Crown: As it befel the late King James, whose Male-Administration render­ed him unmeet to sway the Scepter: And I am very well satisfied that the Judgment upon him [Page 9]was just; for unless a People are decreed to be miserable, (which God Almighty will never do, except thereto very highly provoked by their Sins;) certainly he will never so tye up their hands, that they shall not be allowed to use them, when they have no other way to help themselves.

Several Artifices were made use of in the Two late Reigns, for the introducing Arbitrary Power and Popery; one of which was to insinu­ate into the minds of the People, that the Suc­cession of the Crown was the Chief Pillar of the Government; and that the breaking into it upon any pretence whatsoever, was no less than a Dissolution of the whole Constitution, and nothing but Disorder and Confusion could ensue.

This Doctrine was boldly then Preached up, and prevailed with many, and obtained no less than if the Crown had been setled in that Family by an Ordinance or Decree dropt down from Heaven, and that every one of that Line or Race had been distinguished from the rest of Mankind, by more than ordinary vir­tues and endowments of Mind and Body. But we know not of any such Divine Revelation, [Page 10]and happy had it been for this Nation, if that Family had been so signal for its Justice and its Piety; we might then have prayed, That there might not want one of them to fit upon this Throne to all Ages. How much this Nation is obliged to that Family, we ve­ry well remember; for the Wounds they gave us, are not yet healed.

Election was certainly the Original of Succes­sion; for as the living more safely, and with the freer Enjoyment of their Goods, was the Original Cause that people associated them­selves into a Nation or Kingdom; so for the better attaining that End, they did set over themselves the best and wisest of their brethren to be their Rulers and Governours; and this Administration was trusted in one or more hands, according to the Temper and Disposi­tion of the People; in which Authority they continued either for their lives, or for one year, or for some other stated Period of time.

Where the Government was under a King, he usually held it for life; and then upon his Decease the people proceeded to a New Election, [Page 11]till at last it fell into the hands of some very excellent Person; who having more than or­dinarily deserved of his Countrey, the people, as well in Gratitude to him, as believing they could not expect a better Choice, than in the Branches that would grow out of so excellent a Stock, entailed that Dignity upon him and his Posterity. And this seems to be the most Natural and Lawful Rise of Succession.

I do not deny, but some Successions have arisen from Force, but that was never lasting; for it could not subsist, or seem Lawful, any longer than there was a Force to support it.

Now when Princes come to the Crown by the first way of Succession; I mean, by the Consent and Approbation of the People, does not that plain­ly imply, That they ought to use that Power for the Good and Advantage of their Subjects; and not to their hurt; and enjoy the Crown only upon that condition? No man would ever suffer a Monster to inherit his Estate; and Kings are no more exempted from the Acci­dents of Human Nature, than their meanest Subjects; and it is every days practice in pri­vate [Page 12]Families, to exclude those that will waste their Estates, and ruin the Family; and if the reason will there hold good, then it is so much the stronger in the Descent of the Crown, by how much the good of the whole Kingdom is to be preserted to that of one Family.

Nor is Succession so very Ancient in Eng­land, as some people may apprehend: Till the time of William the First, commonly, though falsly called the Conqueror, it was look'd upon as a very precarious Title; the next in Succession could make but little reckoning on the Crown, further than his good Inclinations and Sufficiencies to sway the Scepter, did recommend him to the Af­fections of the People. It being then very common, not only to break into the Suc­cession, but even to set aside all that Family and Line, whenever it was known that the Publick might suffer by their being at the Head of the Government; the Publick Good being the only Rule and Consideration that go­verned that Point.

William the First declared upon his Death­bed (and that is a time when men do seldom prevaricate), That be did not possess the Crown by an Hereditary Right. William the Second must be allowed by all people to come in by Election, because Robert, his Elder Brother, was alive, and survived him. Next to him was Henry the First, who also came in by Election, because his Eldest Brother Robert was yet alive; and this Hen­ry in his Charter acknowledged that he owed his Crown to the Mercy of God, and the Common Council of the Realm. King Stephen, Henry the Second, Richard the First, and King John, all came in by Election; so that till Henry the Third, there is scarce to be found any Presi­dent of Succession; and since his Reign, the Succession hath been broken into several times, and the Crown shifted from one Family to ano­ther by Act of Parliament; and being so trans­ferred by that Authority, it is the greatest proof that can be, that Succession is a very fee­ble Title, without something else to support it, and I think I may say, Defective.

For, says one of great Authority, never did any take pains to obtain an Act of Parliament, to settle his Inheritance on his Heirs, except he were an Alien, or Illegiti­mate; and therefore considering, that by vertue of an Entail of the Crown by Act of Parliament in Henry the Seventh's time it is, that the Four last Kings have swayed this Scepter, I could never understand that Divine Right that was by some stampt upon the Title to the Crown, or that the Succession was preferable to the Publick Good.

I have endeavoured to explain this Point the more, by reason that some object a­gainst the Sufficiency of this King's Ti­tle to the Crown, because the Succession was broke through, to let him into the Throne; as if nothing could give a King a good Title to the Crown, but Succes­sion. For my part, I never saw any rea­son to be of that Opinion; and if there be nothing but the Interruption of the Suc­cession to object to this King's Right, if [Page 15]he continue to govern according to the Principle upon which the Crown was gi­ven him, and according to the good and laudable Customs of the Realm, I think every man that wishes well to the Interest of his Countrey, ought to bless God for this Revolution.

In my poor opinion, I do not appre­hend, that a King that comes to the Crown by Election, should think worse of his Ti­tle, than if he had come in by Successi­on, but rather the more securely; because the People are under a more immediate Obli­gation to stand by, and support the King they have Elected, than any other that takes the Crown by Succession; nor that the people should suspect that they hold their Properties and Rights more pre­cariously under a King that is Elective, than under one that claims the Crown by Succession, but rather the contrary; be­cause it more highly imports him, as well in point of Gratitude, as in that of Po­licy, to preserve the good opinion of the [Page 16]people, by Governing well, than if his Title was by Succession; for I am far from believing that a King who comes in by Election, may make more bold with the Laws, than he that claims un­der any other Title; or that his Right to the Crown continues any longer, than by his Administration it doth appear that his Interest is the same with that of the Nation.

The next deceit by which the Nation was to be gull'd into Popery and Slavery, was by fomenting Divisions amongst Pro­testants, and especially about the Terms of Communion, making them so strict and narrow, as to exclude the greatest part of the Protestants in England, and Nine parts in Ten, of the rest in the world.

That this was not to promote God's Glory, and the Salvation of mens Souls, but to serve some new Design, is clear to me from several Reasons.

First, Because the Laws against Dis­senters were stretched and executed be­yond their genuine and natural Intent or Construction: Where fair Play is intended, such Tricks are altogether need­less; but daily experience proves, that when they are made use of, some o­ther thing is designed, than what is pre­tended. True Religion needs no such methods to support it, the nature of which is Peace and Charity; and be­sides, such forced Constructions, being nothing less than summum Jus, are ab­horred by our Laws, and are looked up­on no less than summa Injuria, the highest Injustice.

Secondly, The Second Reason for my O­pinion is, because that several Laws were put in execution against the Dissenters, which were plainly and directly made for other purposes; by which the Law it self suffered Violence; and so it became evident to every man that had a mind [Page 18]to see, that some foul Design, and not the Church, was at the bottom of the business.

Thirdly, Another Reason is this, Be­cause more Diligence and Care was employed to Punish People for Non­conformity, than to Reform their Lives and Manners: For if a man were ne­ver so openly Wicked and Debauched, and very scarce, if ever, saw the in­side of a Church, yet if he could talk loud, and swagger bravely for the Church, and storm against, and pull the Dissen­ters to pieces, he was cry'd up by all means, for a good Son of the Church, an honest man, and truly affected to the Government: Whilst those who could not come up to all the Ceremonies en­joined in the Rubrick, though their lives in all other respects were upright, and their conversations unblameable, yet were called Villains and Rogues, and Ene­mies to the Government; as if the out­side and Ceremonious part of Religion [Page 19]was more to be valued, than the sub­stance and essence of it: Which puts me in mind of a passage I have met with in a Play, which is worthy your hearing, if I do not spoil it in the telling; it is in the Play called Sir COURTLY NICE, betwixt two Per­sons, one is called Mr. Hothead, a very Idle Profligate Fellow, but who yet sets up for a great Son of the Church, and cannot speak or think with patience of any thing that inclines to Moderation; the other Person is called Mr. Testimony, as Rigid and Ridiculously squeamish on the other hand in his way; these Two falling into a great Dispute about their Opinions, Hot-head out of his great Zeal to the Church, treats Mr. Testi­mony with very scurrilous Language, and bitter Invectives against him and all Dissenters; as that they were the plague of the State, and that he ho­ped to see them all Hang'd, and de­clares the mighty concern he hath for the Church: To which Testimony replies, [Page 20]pray, Good Mr. Hot-head, forbear your indecent language, you are too rude in your Expressions; what need you trou­ble your self so much about the Church, seeing you your self never go to Church? To which Hot head in great fury presently makes answer, with a horrid Oath, What though I do not go to Church, yet I am for the Church? This, Gentlemen, I believe you, and every man else, can easily apply.

I could never yet meet with any precept in all the Gospel, that doth justifie such proceedings as I have mentioned; but there are several that expresly condemn it. To me it seems altogether inconsistent with that Charity which is expected to be found in all those that hope to enter into Heaven; and it seems to be little less than Teaching for Doctrines the Traditions of men, and to add to God's Word, which is prohibi­ted under no less a penalty, than that of Dam­nation.

I am far from being against Order and Decency to be observed in the Church, yet under that pretence we are not to for­get the Rule of Charity: And I cannot see wherefore those should be terms of Com­munion, that are not terms of Salvation. I was always of Opinion, That it would never go well with England, till every man might Worship God in his own way; for nothing can be more unreasonable than to expect, that a man should believe otherwise than according to the conviction that is upon him, or that one man's Opinion should be a Rule or Guide to another man's Con­science.

And therefore I cannot but wonder at those who take offence at the late Act of Indulgence; which tends so much to our Peace, by quieting the Minds of the People as to their Religion, which hath ever been the handle to our intestine Troubles; the In­cendiaries of the State having ever made use of it as the best pretence to embroyl the Nation: And therefore I, for my part, do think that the Act of Indulgence was a necessary [Page 22]and Pious Work, and cannot imagine why any man should think that to be a disservice to the Church, that tends to the Peace of the Nation. They who do so, I must be­lieve, are not much concerned in the Cause of the Chureh and their Country, and care not what is uppermost, provided they can but make fair Weather for themselves.

Therefore, Gentlemen, if any speak to the disadvantage of the Act of Indulgence, you ought to present them as disaffected to the Government, and sowers of the seeds of Division in the State.

But I desire to be rightly understood; I do not say this to disswade any man from coming to the Church; For I go constantly thither my self, and I wish every body could do it as easily as I do; and I wonder 'tis otherwise, for I never yet heard any good reason for the pra­ctising the contrary. Yet I think un­less a man be satisfied in that way of Worship, it is better to keep away than to come; for otherwise it is to mock, and not to Serve God; and [Page 23]on the other hand, it is no less a mocking of God, when a man from an over-assurance of the Gift of Prayer, shall adventure to Pray in Publick, without having before hand well digested his Matter and Words; and therefore may happen to let fall crude and nauti­ous Expressions, such as would be ridi­culous in private Conversation; for I am far from believing, that Nonsence can be the effect of Fervency, but ra­ther of Affectation, or something that is very reproveable.

And here it will not be amiss, or improper, to take notice of those Per­sons who go to no Church at all, but spend the Lords day, commonly called Sun­day, (as the Statute hath it) in an Ale-house, or otherwise idle it away very unprofitably; against such as these, was that Law of Twelve-Pence a Sunday intended; and were it duly put in Execution, a great deal of that disho­nour that is done to God by such Profanati­on, would be prevented, and the Poor would be relieved with less charge to their respect­ive [Page 24]Parishes. I wonder the Petty Constables are not more careful to make true Present­ments at every Petty Sessions, of those who herein offend; the Glory of God, and their own Interest being so nearly, I may say, so immediately concerned.

The next thing I would recommend to you is, As far as in you lies, to suppress that horrible Sin of customary Swearing, whereby the Tre­mendous Name of God is every day Blas­phemed.

It is too true, that scarce any man when Provoked, or in Passion, has guard enough over himself to prevent his taking the Holy Name of God into his Mouth; and if any of us fall into that sad misfortune, we ought solemnly to beg forgiveness of it: But yet that whereby God's Honour suffers most, is customary Swearing; when men do not think they express themselves handsomely without an horrible Oath, or more, to fringe off their Sentences. It is such a daring fami­liarity with God Almighty, as no man would allow to his best Friends.

I believe there is not any of you, Gentle­men, but would be very angry to have your own Names used upon every slight and trivial occasion; and if so, I will not imagine that you will be less concerned for God's Honour, than for your own.

It is a shameful thing to see how very much the High ways are generally neglected, and out of Repair; the fault of which does mostly lye at the door of the Overseers, whose chiefest care in them now-a-days, is how to shuffle off the matter for their time, being very little concerned for what comes after them; and by this means they bring at last a great burthen upon their Townships, which would have been prevented by a small charge if but taken in time; and so the Township suffers through their neglect.

There are very good Laws against Vaga­bonds, but the Execution of them is shame­fully neglected; and it is strange it should be so, considering what Incouragement the Law gives for the apprehending of such idle People; For who ever brings any of those Wanderers before a Justice of Peace?

The Towns through which they last past Unpunished, is to Pay Two Shillings a piece to him that apprehended them. Though this Reward carry no weight with it, yet the great Mischief that those sort of People bring upon the Publick, should make every body vigilant.

It is an incredible Sum that they cost the Nation in a year; and considering how many Townships and Parishes are oppressed, and almost ruined by the Accidents that are here­by brought upon them, it is wonderful that People should rather chuse to Forswear them­selves, than do their Duty; but so it is in this Case.

Were these Wanderers duly Punished, it would reform many of them, and discourage others from following so bad an example; whereas the great remisness of Constables and other Officers in this point, is a great tempta­tion to many who otherwise would think of some more Lawful, as well as Profitable, ways of living: A neglect and slowness to Punish, increases the number of Offenders.

These things, Gentlemen, I in particu­lar recommend to you, not as all you business, but yet as things that cry aloud for redress; for there does fall within your Enquiry, High-Treasons, Petty-Treasons, Felonies of all sorts, whether against the Per­son, Possession, or Goods of a man: Riots, Routs, and unlawful Assemblies, and eve­ry thing that is an Offence against the Pub­lick Peace; in which I am not more par­ticular, because I fear I have held you too long already; and therefore I will trouble you no farther, but pray God to direct you in your Business.

THE CHARGE Of the Right Honourable HENRY Earl of WARRINGTON, TO THE GRAND JURY, &c.

PEACE in a Nation is like Health in a Natural Body, whose value is not sufficiently known, but by the want of it; and herein God Almighty is wonderfully gracious to this Land, not only in continuing to us the Bles­sing of Peace, but in teaching us the worth [Page 2]of it, by letting us see the Nations round about us in War, and groaning under all the miserable Effects of it, whilst it is kept at a distance from Us, and we are only at some Expence which is unavoidable, all Circum­stances considered, unless we will submit to that Monster the French King. And indeed God hath done so many and great things for us, that nothing is wanting to compleat our Happiness, but our selves.

Of all the Mercies this Nation hath lately received, I think our Deliverance from King James was none of the least, if it be a Mercy to be delivered from Popery and Slavery.

That we were in great danger thereof, I think was very evident from what we had suffered, and what King James apparently further designed to have done, had he been let alone a little longer; for his Administra­tion was become so iexorbitant, that Men of all persuasions (many of the Papists not ex­cepted) did think his Yoke intolerable, and that it was highly just to be relieved against his Oppressions; for when the Prince of Orange landed, scarce any Man appeared for King James; nay, a great many of his Army deserted him; which coldness and neglect could not proba­bly [Page 3]proceed from any thing so much as from the ill opinion they had of his Cause.

Now if any that were then so indifferent, and passive, have lately conceived a better Opi­nion of him, it may well be suspected that a particular Picque, or some Sinister Byas guided their motion at that time; and if so, it's no matter what side they are on; for those who are governed in such cases by any thing but a publick Principle, are easily turned about by every breath of Air: Nor can I imagine what can give any man a better opinion of King James now, than he had of him before he went into France, the only place, as he says, he could retire to with safety; considering how impro­bable it is, that any Instructions which that Ty­rant may give him, will make him less incli­ned to Popery and Arbitrary Power.

Before I come to the Particulars of your Enquiry, give me leave to say something of a great Deliverance which God wrought for us this Year.

To talk of Plots and Conspiracies against the Government, may be rather to tell some peo­ple News, than that which they do believe; because we have already heard of many Dis­coveries of Plots, but none that have been [Page 4]prosecuted; and for that reason men may be in­clined to think they were rather Fictitious than real Plots against the Government.

Plots sometimes are not prosecuted, either because of the great indulgence of the Govern­ment, being desirous to gain people rather by mercy, than by being too extream to mark what is done amiss; or, it may be, because the Government hath a more than ordinary ten­derness for that sort of People; or, it may be, because some of the Ministers of State are con­cerned in them: But whether for any of these Reasons, or others, it is that we hear of no great Prosecution of those Discoveries that have been made, I will not pretend to de­termine, time will best explain this, and other Mysteries of the like Nature.

Yet this I will adventure to say, That it is not so safe a Rule to measure Plots by, whether they be true or false, by the remisness or for­wardness of the Government in prosecuting of them, as to consider how far it is the interest of the persons accused to carry on such a Design. And herein every man of a reasonable un­derstanding, is as capable of giving a judg­ment, as the Ministers of State.

I would not encourage any man to be over­credulous in believing of Plots; and yet there are some Conspiracies that carry their own Conviction along with them; as it will al­ways be the interest of the Papists to bring in Popery, and of the Non-Jurors, and those who take the Oaths in a double sense, to bring in King James. Nor would I be the occasion of pushing on a Prosecution with too much violence; and yet to be too remiss is an Errour of the other extream, and seems to intimate, That either the Government is afraid of them, and dare not call them to account, or else that it is necessary to oblige that sort of people all it can; and when ever either of those cases fall out, it is sooner or later mischievous, if not fatal to the Government.

I suppose you have heard that King James in­tended to land here the last Spring with a French Force; tho this seems to be already for­got by some, yet I am verily persuaded that many people believe it, because of the notori­ety of the thing: For they that doubt of it, may as well question whether there was a Gunpowder Plot; for it is as plain as a thing of that nature can be, which has not actually taken effect.

It was wonderfully prevented; first by the Easterly Winds that continued so long toge­ther; and next by the happy success of our Fleet, even beyond what any man could have hoped for at that time: All things considered, it was wholly the work of God, and to his e­ver blessed and holy Name be the praise and glory of it; tho the Nation hath not yet made so publick an acknowledgment of it, as it usu­ally doth upon less occasions than that was.

The defeating of that Design is a mercy never to be forgotten; for we do not yet know of any Design that was ever formed against this Nation, that could have been more bloo­dy and destructive than that would have been.

For King James in his Declaration doth ex­presly say, That his Intent is to spend the re­mainder of his Reign, as he hath always de­sign'd since his coming to the Crown.

These Words speak a great deal of comfort to England, for they cannot mean less than what he hath already done.

When he took the Customs against Law.

Carried on Sham Plots by his countenance and bribery, to destroy honest and worthy men.

When he ravish'd the Corporations of their Liberties and Franchises.

When he turn'd out Judges for acting accor­ding to their Consciences, and fill'd the Benches with the Raff of the Gown.

When he avowedly set up Popery, and erected publick Chappels in all parts of the Kingdom.

When he placed notorious Papists in the Seats of Justice, and brought a Jesuit into his Councils to preside publickly there, which was more than any Popish Prince ever did.

When he sate up a High Commission Court.

When he kept up in time of peace a nume­rous Army, to the terrour of his Subjects, and allowed so little for their Quarters, as that it amounted to little less than free Quarter.

When he assumed a Dispencing Power, and declared that he would be obeyed without re­serve.

These and a great many other Irregularities were the product of his Reign; and it is not very probable that he is brought to a better temper by any thing that he hath seen or learnt from his Conversation with the French King; and it is as little probable that that King would have treated him as he hath done, had he dis­covered [Page 8]in King James any disposition to go­vern more mildly and reasonably for the fu­ture.

How much he is influenced to the contrary, is very evident, by designing to bring in the French upon us; the people of all others this Nation ought most to dread, being the old and irreconcilable Enemy of England. For whoe­ver looks into History, will find that France hath occasioned more trouble to England, than all the world besides. Nay, there has scarce been any ill Design against this Nation, but France hath had a hand in it; as if their very Climate did necessitate them to be at enmity with us.

When any of the Kings of England have had a design upon the Peoples Liberties, they have entred into a Confederacy with France, as the People of all others most likely to serve their Purpose; and it has always gone ill with Eng­land, when our Kings have made an intimate Friendship with the French King, as we may remember by woeful experience.

Let us consider, besides, that no people un­der the Sun are at this day so noted for treachery and cruelty as the French, of which they have given such pregnant Instances upon the Prote­stants [Page 9]of their own Nation, and in their New Conquests, as were never done by the most Barbarous and Uncivilized People. For af­ter Terms agreed on, and submitted to, yet without any new Provocation, or other occa­sion given by those poor Creatures, the French have fallen upon them, taken from them that little that was left, and in cold Blood Murthered them, sparing neither Age nor Sex; and shall not we then think our selves in a comfortable Condition, when we have such Task-Masters as these set over us?

But it seems these are they by whom King James hopes to be restored to his Kingdoms; it is by these that he means to do his Work, and they are the Instruments he will imploy to make the Settlement he designs in England; for in his Declaration he plainly tells us, That if those he brings over with him are not suffi­cient, he has more of the same sort roady at hand.

Now, tho a Reconciliation with King James were practicable under a Supposition that there could be any moral assurance that he would sacredly keep his Word, and that he had more just and righteous Intentions then heretofore; yet to come in such Company, and to bring [Page 10]such a Train along with him, makes it im­possible to all those who have not abandoned all Sence of Religion and Morality, and are not resolved to run into all the Excesses of Cruelty and Oppression.

But that nothing might be wanting to give Success to this fatal Enterprize, and make our Ruin more certain, several Persons in Eng­land, I believe some in every County, were not only privy, but consenting to it, and had prepared Horses and Arms to assist the French at their Landing; yet of what Profession or Communion they are, I forbear to name, and leave that to be explained when they are cal­led to account; and therefore only shall say in general, That they who could so take the French by the Hand, may well be supposed to have renounced the Protestant Religion, and the Interest of their Country, and all Bowels of Compassion to their Posterity, and are re­solved to keep pace with the French in the Murthers and Havock they shall commit; for there is no looking back, after being engaged in such undertakings; the least remisness would render them suspected, and bring them in danger to be involved in the Common De­struction.

After all this, what these Men will call them­selves, I know not, for they cannot pretend to the Name of Protestants and English Men; what they deserve, I shall leave to the Law, which is to judge them.

What we are always to expect at their hands, when they shall have Power and Op­portunity, I think without breach of Charity, I may adventure to say, is all the Mischief and Ruin that our greatest Enemies would bring upon us.

What we are to do, is to bless God for bring­ing the design to light before it took effect; and to do our best endeavours to detect those who are concerned in this unnatural Design, that Justice may pass upon them.

For, are not such as these more to blame then any others, who were to have a hand in this matter? Was it not more unnatural and unreasonable for them to joyn with the French, than for the French to have such a design a­gainst us? Would not their joyning in it have been the chief Inducement to bring in the French upon us? For such an Attempt is alto­gether impracticable, without holding an ef­fectual Correspondence here, or else to sur­prize us, when we are together by the Ears [Page 12]in a Civil War; so that in effect it is they that had brought all the Desolation that would have fallen upon their Native Country, if that design had but once taken effect.

He that can be consenting and assisting to the rooting out of the Protestant Religion, and ruin of his Country; what other thing is there that can be so bad, which such a one would refuse upon the score of Honour and Conscience?

May not a Man, without being thought se­vere, say, What prosligate Wretches are these? What Accommodation can be made with such Persons? And what security from them can be hoped for longer, then they want opportunity to hurt us?

Is it not then the Duty of every Man that hath any concern for his Religion or Property, to do what in him lies to discover and bring these Projectoms of our Ruin to Justice?

Perhaps you may not receive any clear In­formation, such as will legally convict any Person of being engaged in the design I have mentioned; but you may receive such Infor­mation as will convince any reasonable Man, that they are concerned in this, or some other foul Practice against the Publick Peace.

Those who have refused the Oaths to this King and Queen cannot be supposed to be al­together unconcerned for King James; but if any such had provided themselves with Arms, or unusual Numbers of Horses, this is what ought not to be passed over unregarded: It must be for some purpose that they had so fur­nished themselves, for People do not usually put themselves to that Expence, but when they have a prospect of making use of them; their refusing the Oaths is evidence suffici­ent that they did not design those Horses and Arms for the Service of the Government; then it will naturally follow, that it was a­gainst the Government, for there is no me­dium in such Preparations betwixt being for, or against the Government. He that is not with us, may in reason be suspected to be against us.

If any Persons, who have not taken the Oaths, and long before this Plot had provi­ed themselves with Arms, yet either upon a Rumour of searching for Arms have convey­ed them away, or before that Report, bad di­spersed them into hands that are not well af­fected to this Government, or else not duly qualified to keep such Arms, these may justly [Page 14]be suspected of having some ill Intentions; or wherefore should they put them into the hands of other People, but with a design to imploy those Persons in the using of them, and then can any Man suppose, that it was intended for the Service of this Govern­ment?

There is a Report of a sort of People, who for some Months before the time that K. James intended to Land here, talked very much of it, and what powerful Assistance France would give him for that purpose: If you, Gentlemen, shall be informed of any such, it is your Du­ty to take notice of it, because it is plain by what has come to light, that they did not speak without book; they could not make such Discourses for want of having some­thing to say, but to incourage People to come into it, and to promote the design. For Men do not purposely bring on such Di­courses as will render them suspected, and bring them under the displeasure of the Go­vernment, but out of a prospect of some ad­vantage.

I do also hear that several, who had for­merly taken the Oaths to this King and Queen, did about the time that this Design should [Page 15]have been put in Execution, refuse the Oaths, being upon occasion tendered to them and others, that at that time did wish they had not taken them.

If, Gentlemen, you shall be informed of any such, you ought not to pass it over in si­lence; for by their refusing the Oaths at such a time, they justly rendered themselves su­spected, that they were at least privy to that intended Invasion of the French, it being a vain Excuse to pretend they did it out of Con­science; for if they thought it lawful here­tofore to take the Oaths, how comes it to be less lawful now? But if some prudential Consideration, and not Conscience, prevailed with them at first to take the Oaths, there is then very little reason to imagine, that there was more of Conscience in refusing the Oaths at that, or any other time; but ra­ther that they were making fair weather a­gainst some expected Revolution, for other­wise, why of all others was that time pick'd out to discover an Aversion to this Govern­ment?

Gentlemen, If any endeavour to lessen the Victory we had at Sea this Summer, and to cry up the Naval Force of France, those do bring [Page 16]themselves under the Suspicion of being no ill Wishers to the late design of the French; for wherefore should any desire to make our Success to appear less than it is, if he were not sorry that We had got the better? And wherefore should he extol the French Power at Sea, if his good Wishes did not attend their designs, or else did thereby hope to keep up the hearts of that Jacobite, Frenchified Par­ty, that they should not despair, but expect some favourable Opportunity to put their de­sign in Execution? For they must intend ei­ther good or bad to us thereby; and which was most likely, I leave to every Man to judge.

I mention these things, not that I am of Opinion, That any or all of them put toge­ther, without some other direct proof, is evi­dence sufficient to convict a Man upon a Tryal; for God forbid that any Man should be condemned but upon a fair Tryal and clear Evidence.

But I take notice of these things as they do render Persons justly suspected to be privy to, or approving of the late Design against this Nation, which as every honest Man ought to abhor, so it is his duty to keep a watchful [Page 17]eye over them; because I am far from being of an Opinion that they have given this Design over as a lost Game, by reason that it was laid so broad and deep, and so many are concerned in it, that the success of it is of the last consequence to them, their only safety being placed in it; And besides, because of the encourage­ment they do receive from the unfortunate Divisions that are amongst us.

And there is yet another thing which I ap­prehend, is no small cause of encouragement to them, and that is the little haste made by the Government to call them to ac­count.

Of all the Ills of the two last Reigns, in my opinion nothing was so treacherous and devil­lish as that of making Parties amongst us, that we might become our own dostroyers; for as it was the surest method to effect our destructi­on; so if any thing should interpose to prevent our ruin, yet nothing is more difficult than to make up such a breach; and therefore the best that could be hoped for from it, was to entail upon this Nation heart-burnings; and all the fatal consequences of it.

I have the charity to hope that many who helped to carry on that ruinous design, did it more out of ignorance, than out of any ill in­tention: I believe the Arbitrary Sermons be­ing delivered as the Oracles of God, might draw in a great many unwary people; others might comply out of hopes of Preferment, or fear of being harrassed by some powerful Neighbours. But as new light is sprung up, so I wish from my heart, that men would walk accordingly. If any man was misled in the late times, it is not his shame, but duty, as a wise and honest man, to repent of his Errour, and forsake it; for he that shall be convinced of it, and yet will persist in it, will find very few to whom his obstinacy will recommend him.

If any do think they were in the Right, when they serv'd as Bauds to the Arbitrary Lusts of the two Late Kings; I heartily pity them, for their case is desperate; yet I am perswaded that none of them would of choice have had such a power exercised upon them­selves; and if so, they must grant, that what they would not have done to themselves, is not lawful for them to do, or bring upon others.

If they adhere to what they did, either out of hopes of Preferment, or fear of being crush­ed by those in power, they must believe that this King and Queen are resolved to go by the fame Methods that were taken in the two Late Reigns; or else that nothing else will make this King and Queen safe and glorious.

Were the rest of mankind of this Opinion, this World would be a miserable place; surely mankind was born for some nobler End than so; or else one would suppose that God had made man not after his own Image, but ra­ther that of an Ass, or something else that is beneath a Rational Creature.

For is it not ridiculous, that any thing should be more excellent and knowing than that which is to govern it? Is an insatiable desire of Power preferable to that Reason with which man was indued at his Creation? Must a man give up that to which he has a clear right both by the Laws of God and his Countrey, be­cause another who is at that time guided by his passion desires to lay hold of it? What Ju­stice can any man promise to himself, when Passion is above the Law? What signifies Law, if the King's Will must be the measure of our Obedience? To what purpose are Parlia­ments, [Page 20]and all those other Provisions, which our Forefathers made to preserve our Liber­ties, if Prerogative were in truth that Omni­potent thing, which it boasted it self to be in the late Reigns?

That man is surely out of his way, that is beside his Reason: Had men been guided by it, and nothing else, there had been no mis­understandings about Government. Reason will not mislead us, but other things will; be resolved to follow that, and you will be sure to approve your selves in the sight of God and man.

Having said this, I will now proceed to the Particulars of your Enquiry.

The first of which is, High Treasons; of which there are several sorts and Species, both at Common-Law, and by Statute-Law; but those only that are made such by some Sta­tutes, are those that fall within your En­quiry.

To compass or imagine the Death of the King or Queen, and that declared by some Overt and plain Act, is High-Treason by the 25 Edw. III. but such Acts must be direct and clear, void of all Implication, or other Con­struction, [Page 21]or else it will not make it Treason within this Statute; for this Statute was made to take away constructive Treasons, and thereby relieved the Subjects against an unspeakable evil, under which they had laboured for many years; for till then the Judges took an extra­vagant Liberty in stamping Treason upon al­most any Offence that came before them, which cost many an innocent man his Life, contrary to all Reason and Justice; so that this Statute was a very beneficial Law for the Sub­ject.

To levy War against the King or Queen in their Realm, or to adhere to their Enemies in the Realm, or to give them comfort here, or elsewhere, is High-Treason by the same Sta­tute.

But a Conspiracy to levy War, is not Treason, unless the War be actually levied, though the contrary Opinion prevailed in the late Times, whereby several worthy men were murthered.

It was a very far-fetched Opinion, and could never have obtained but in that or some other corrupt Age, when all Law and Justice was given up to the Will and Pleasure of the King: For my Lord Coke is express in it; [Page 22]That unless the War is actually levied, it is not Treason; and I remember in the Debate in the House of Lords upon the Bill for re­versing my Lord Russel's Attainder, the Lords were unanimously of opinion that it was not Treason, and upon that ground chiefly they passed the Bill.

To counterfeit the Great Seal is High-Trea­son by 25 Edw. 3. and very good reason it should be so, because of the great Authority it carries along with it; it would be often attempted to be done, and thereby innu­merable mischiefs would follow, and breed a great deal of confusion.

To counterfeit the King's Money, or to bring in false and counterfeit Money, know­ing it to be such, to make payment with it, is High-Treason by 25 Edw. III. and so it is to clip, file, or wash Money, by 3 Hen. V. and very good reason it should be so, for these, and every of them, is a great Offence against the Publick; for Mony being as it were the Sinews of the Nation, to impair or coun­terfeit it, is a great Joss and damage to the Publick; so that the Offence in so do­ing, is not because it is marked with the King's Image; for the French Money, and the [Page 23] Spanish Coin and others are current in England, which have not the King's Image upon them; but the true reason is because of the great interest the Publick has in it; and it would be the same thing if the Money had any other Stamp or Size put upon it by Publick Authority.

To kill the Chancellor, Treasurer, or the King's Justices, being in their Places, doing their Offices, is High-Treason by 25 Edw. III. It is very great reason that they who serve the Publick in such eminent Stations, should have the publick protection; for when they faithfully and honestly discharge their several Trusts, the Publick receive great advantages by it, and therefore this Offence was made High-Treason.

To counterfeit the Sign-Manual, Privy-Signet, or Seal, is High-Treason by 1 M. 6. and I think it is so by 25 Edw. III. to counter­feit the Privy-Seal. And the reason why the Offences in these Cases are made so capital, is, because of the great detriment they bring upon the Publick.

To extol a Foreign Power is High-Treason by 1 Eliz. and very fit it should be so; for every man will allow it is a great Offence to [Page 24]set up any other Power in opposition to the Publick Authority.

For a Priest or a Jesuit to come and abide within this Realm, is High-Treason by 27 Eliz. I believe a great many people have been under a very great mistake in this mat­ter, supposing it was upon the Score of Re­ligion, that the Priests and Jesuits were put to death; whereas it was quite otherwise; for it was upon a Politick account that they suffered, it was for an Offence against the Government, that they were executed: For it having been found by experience, that this sort of Vermin by their Doctrine and Practice sowed the Seeds of Division, and thereby wrought great Disturbances in the Nation; it was therefore thought fit by the Parlia­ment to take this way as the most effectu­al to keep them out; for as what they did, amounted to nothing less than Treason, so it was highly reasonable that the punishment should be commensurate to the Offence. And since it is become a Law of the Realm, if this sort of people will be so presumptuous as to break it, they have no body to blame but themselves, if they suffer by it; for it is a very just and reasonable Law.

To absolve any from their Allegiance, or to be absolved, is High Treason, by 3 Jac. 1. the Law does heighten or abate the Punishment, according as the Offence does more or less affect the Publick Peace; so that the more it tends to the Publick Prejudice, the greater is the Offence; and what can strike more directly at the ruin and overthrow of the Nation, than to with­draw the People from their Allegiance, and to become the Destroyers of their Native Country? And since those that absolve, and those that are absolved, have thereby decla­red themselves Enemies to the Nation, it is very fit the Government should treat them as such.

The next Offence is Petty-Treason; as for a Wife to kill her Husband, a Priest his Or­dinary, a Servant his Master; these are made so Capital, because of the Obedience and Sub­jection which they ought to pay, by reason of the Power and Authority which the Law gives the other over them.

The next Offence is Felony, and it is ei­ther against the Person, or the Goods, or Pos­session.

Against the Person of another:

To kill another with Malice prepen­sed, either expressed or implyed, is Mur­ther.

Designedly to cut out the Tongue, maim or disfigure another, is Felony without benefit of Clergy.

To Stab or Pistol another, without a Wea­pon be drawn, or a Blow given by the Party that is slain, is also Felony without benefit of Clergy.

And so is Buggery with Man or Beast, a Sin that could never have entered into the thoughts of Man, till they were fallen to the lowest de­gree of Depravity.

So it is to Ravish a Woman, that is to have the Carnal Knowledge of her Body against her Consent; and so it is to lye with a Child under Ten years old, tho with her Consent.

So is Witchcraft; but it is an Offence very hard to prove.

So is Poysoning, the most Secret and Treacherous way of Murthering, of all o­thers; an Offence so abhorred by the Law, that by Statute 22 Hen. 8. c. 9. it was made Treason, and the Judgment was, to be boil­ed [Page 27]to Death; but it is since altered and made Felony, by 1^o Edward 6th. c. 12. It is sure­ly an Offence that deserves a severe Punish­ment, because there is no Fence against it: In all other Cases a Man has some means of defending himself, but in this none.

All these Felonies are Death without benefit of Clergy.

Manslaughter is when two fall out, and Fight immediately, or so soon after, as it may be supposed that that heat continued, and one of them is Slain: Here there is benefit of the Clergy, because there does not appear to be any premeditated Malice.

To kill another by Accident, doing a law­ful Act is Chance-medly; and if a Man is as­saulted by another, and in his own Defence he happens to kill him, these the Law pardons of course.

Felonies against the Goods or Possession of another, are such as these, viz.

To Rob on the High-way; for the Law will protect the Goods and Persons of those who are upon their lawful Occasions; and it is very reasonable that those who Travel on the Road, should have some such Guard, or [Page 28]else the Trade and Business of the Nation would be very much obstructed, and suffer great damage.

To take away any thing privately from the Person of another; if the Punishment of this were not great, it would become a great Trade, for it is so easily done, and so hard to be prevented, that a Mans Money would be safer any where, than in his Pocket.

To steal a Horse.

Designedly to burn a Stack of Hay or Corn; if it be done by Accident, it is but a Tres­pass; but being done by Design, it carries so much Malice and Wickedness along with it, that it justly deserves to be punished with Death.

To Rob a Church.

To break into a House, and take any thing thence by Night, or by Day; for this carries a double Offence along with it; for the Goods of another are not only Feloniously taken from him, but he is also put in fear of his Life, where he ought to be most secure, and undisturb'd, which the Law accounts a great Offence.

To rob any Booth in a Fan or Market; This became socommon a Trade, that all o­ther Remedies to prevent it proved inesse­ctual; and therefore it was made Felony without benefit of Clergy, as are the rest that I have mentioned.

The Accessories to all these and other Felo­nies, do fall within your Enquiry; for ge­nerally where benefit of Clergy is taken away from the Principal, the Accessories before the Fact are likewise to suffer Death; and good reason is it, that he who is partaker in the Crime, and without whose con­currence and assistance it could not have been effected, should fall into the like Condemnation.

Petty-Larceny is the stealing of a thing that is under the value of 12 d. though it is a small Offence, yet the frequency where­with it is committed, requires your care to suppress it; for the truth is, there is a parcel of idle wandring People, whose whole business is to go from place to place to strip Hedges, and commit such like Offences.

There are several other Offences that are inquirable of by you, but I omit [Page 30]to mention them, because I believe your own Observation will help you therein: Only thus much I will observe in general, that whatever is an Offence against the Publick Peace or Plen­ty, falls within your Enquiry. And having said this, I will keep you no longer from your Business.

THE CHARGE Of the Right Honourable HENRY Earl of WARRINGTON, TO THE GRAND JURY, &c.

'TIS a very common Saying, that In­terest will not lie; and yet, if you consider it, you will find that there is scarce any thing more difficult than to persuade People to their Interest: a thing mightily to be wished, because if it were universally understood and practised, it is the [Page 2]thing of all others, that will make this World a happy Place.

For then there would be no need of Laws and Magistrates to preserve Peace and Good Order, by reason that every Man would be restrained by that Law within himself, which is the Foundation of all o­ther Laws, I mean that Principle of Reason and Justice with which he is born.

But when Man fell from his primitive In­nocency, he lost that Guide which should happily have conducted him through this World; and instead of following the Di­ctates of his Reason, he suffered himself to be led away by his Passions; and without any regard to Justice made his Self-Interest the Standard of his Dealings with others, which is the direct way to ruin that which he aim­ed at: for if a Man acts without regard of Justice to others, he hath little reason to ex­pect that Justice should be done him: For why should he imagine that others should take care to do him Right, who hath no o­ther Consideration but for himself? So that in point of Interest as well as Justice, every [Page 3]Man ought to have a mutual Regard to the Good of each other: but because it is so entirely neglected, therefore were Laws made to withhold Men from committing those Acts of Injustice and Violence, which their own Consciences tell them ought not to be done.

From this depraved Inclination do pro­ceed all those Disturbances and Disorders that infest any Government, and have often been fatal to the whole Constitution; there having at all Times, and in all Places, been found those who have been disposed to sacrifice their Liberties and Civil Rights, to serve the Desires and Lusts of Arbitrary Princes.

'Tis surely a great Sickness of the Mind, when a Man gives up his Birth-right in ex­change for something else that depends up­on another Man's Breath; and he must be besides his Wits, who little esteems his Li­berty, which is the thing that chiefly distin­guishes him from a Beast: for when a Man is a Slave, he must submit his Will and Reason to the Humour of him who govern's [Page 4]him; and then what Difference is there be­tween him and a Brute, only that his Condi­tion is the worse of the two?

If no Body but themselves were to feel the Effects of their Servile Compliances, the Matter would not be much if they pe­rished by their own Folly: For why should they expect to thrive better than Esau did, who sold his Birth-right to save his Life, and therefore instead of a Blessing received a Curse? For can they who reject God's Mercies hope to entail a Blessing upon their Posterity? These are the sowre Grapes that set the Childrens Teeth on edg; for though the Father may be so fortunate as to go to his Grave in his Prince's Favour, (a Happiness to which few have attained, who have purchased it by being false to their Country) yet it is a dangerous Expe­riment for their Posterity, to whom there is seldom left any thing more than to inhe­rit the Wind.

Now if the Mischief of this Time ser­ving had ended with this sort of Men and their Posterity, the Complaints against it [Page 5]might have been buried with them and their Families; for his Infamy ought to be had in remembrance so long as the Sun and Moon endure, who is the Instrument of his Country's Ruin: for by this Treache­ry have whole Kingdoms been brought to Desolation, which were before in a flou­rishing Condition; as namely, where Justice was duely executed, full Imployments for all Hands, a quick Trade, no sort of com­plaining in the Streets; but every Man sate with Security and Pleasure under his own Vine.

This is so deplorable a Change as no Tongue is able to express; then let every Man consider it in his own Thoughts, and he will discover how valuable a thing his Liberty is, even preferable to any thing else this World affords. For Liberty is the Foun­dation of Vertue and Industry; What doth any thing else signify without it? For when that is gone, as our Lives and Fortunes de­pend upon another Man's Pleasure, so we hold our Religion as precariously; because a Prince can impose upon Slaves what Re­ligion he pleases. France is so pregnant an [Page 6]Instance of this, that it puts the thing out of dispute: for whilst the Protestants kept their Liberty, all was well with them; yet no sooner was that wrested out of their hands, but it was quickly seen what became of their Religion. And therefore I have always thought that they began at the wrong End, who reckon themselves out of all other Dan­ger, whilst they enjoyed the Exercise of their Religion.

It will not be denied but that Liberty is a great Security to the free Exercise of Religion: but if our Civil Rights are assaulted, I do not see by what means Religion can rescue them out of violent Hands; because there are many Instances where Religion has been used as a Stalking Horse to introduce Slavery. For did ever any Man pretend to have a greater Con­cern for the Church than Charles the Second? and yet no Man more designed the Ruin of the Nation than he did: which Example may occasion the People to suspect some Design upon their Liberties, when the Prince pretends the greatest care for Religion, unless he be a Man of great Morality, and that Religion ap­pears in his Life and Practice, as well as in his [Page 7]Words and Promises; for it is scarce possible to enslave a free People by down-right Force, and therefore they must be gulled out of their Liberties by Art and under-hand Practices; and there cannot be a better Blind than a pre­tended Care for Religion, to keep the People from observing what is designed against them.

So that if any thing is worthy of their Care, it is their Liberty; and in doing so, you do the Part of Loyal Subjects and good Christians: whereas by the neglect of it you expose every thing that is valuable; and you also lay a Snare in the Way of your Prince, by tempting him to think of that which otherwise might not have come into his Thoughts. And this Care is never to be neglected, not even when every thing goes to their Hearts Desire, lest whilst you speak Peace to your selves, there comes upon you sudden Destruction; for a Design is more likely to take effect when Peo­ple suspect no such thing, than when they stand upon their guard.

There are many ways of working People up into a Security, of all which Promises are the most fatal; for without Performance they be­come [Page 8]come Snares; and therefore it is upon Actions, and not upon Words, that a wise Man will ground his Belief or Opinion. Consider what is done, and not what is said: For whoever he be that is so wicked as to have a Design of enslaving the Nation, he will ne'r make a Dif­ficulty of promising very largely.

If then we ought to take care of our Liber­ty, how ridiculous is it to talk of serving the Crown, when by that is meant to make the King's Will and Pleasure the measure of their Obedience? It must be a meer nonsensical Boast to talk at that rate, when they have stript themselves of the Means of serving like ratio­nal Creatures; for when Men have given up their Liberty, what does all their Service to the Crown differ from that of a Beast? The Service that we do to our Prince should be like that which we render unto God, not a forced and constrained, but a free and reasonable Service.

So that I think I may say, that he who hopes to recommend himself to his Prince's Favour by such a piece of Service, must needs be a very profligate Wretch, and believe his Prince to be [Page 9]altogether such a one as himself; for such a Design is altogether unlawful, because it is destructive to the Nature and very End of Go­vernment, contrary to the King's Coronation Oath, inconsistent with Reason, and a Viola­tion of that Trust and Confidence which the People repose in the King: For, as I take it, the Power that is lodged in the Crown is on­ly a Trust, and nothing more; for he must have that Power either as a Trust, or as a Pro­perty; and if he hold it as a Property, then no Bounds or Limits can be set to it, and he may use it as to him may seem most meet.

What will Laws then signify? To what purpose is the Coronation Oath, and all those other Cautions that are taken to oblige the King to govern according to the Laws and laudable Customs of the Realm?

Then every Prince that hath been deposed for committing Violences and Oppressions, was highly injured, for there could be no other Standard of Right and Wrong, but that of his Will and Pleasure. But it is a common Pra­ctice to depose Kings, when they become a Burden to the People; that being the proper [Page 10]and only Remedy in such Cases. For let any Man tell me if he can, whether the Liberty that remains in the World, hath been, or can be preserved by any other means than by that Power that is vested in the People, of laying aside such Kings whose Administration be­comes exorbitant: for the Number of ill Kings hath so much exceeded that of the good Ones, that Liberty had been even before this Day swallowed up by Prerogative without some such check and controul; and because so very much Good or Hurt is in the Power of the Prince, therefore the Value of a good Prince is inestimable.

To be delivered out of the Hands of an op­pressing King is a great Mercy; yet when such a Prince is put into the Hands of any People, it is seldom improved as that Mercy ought to be: for Tacitus makes this Observation upon the Fall of Nero, that the first Day after the Reign of a Tyrant is always the best. This is a great Truth, and a Rule that yet hath no Exception.

For this several Reasons may be given: for generally the People are so transported upon being eased of their Burden, that they neglect [Page 11]to make such Provisions as are necessary to prevent the like Irregularities for the future; either from a Belief that no other Man will be wicked to the like Degree, or else from the fond Opinion that they conceive of him who was the chief Instrument of their Deliverance; trusting that the same Principle of Honour and Justice that incited him to stand up in their Defence, will prompt him to do all those things that are needful to settle the Govern­ment upon a lasting Foundation: which was something our Case upon the Restoration of King Charles the Second, only with this diffe­rence, that instead of repairing the Breaches which his Father had made, the mistaken Loy­alty of the Age helped to make them wider.

Another Reason for Tacitus's Observation may be this, Because he that is the chief In­strument of their Deliverance, although he ap­peared very zealous on their behalf, yet he aimed at nothing but getting the Crown; as it was when the Dauphin of France came over to assist the Barons against King John: his Decla­ration was full of nothing else but the English Liberties; and yet it afterwards appeared, that his Design in assisting them was only to get [Page 12]into the Throne, and not to ease the Nation's Oppressions: So that in such Cases a Revolution does the People no good; for he that hath got the Crown, thinks that whatsoever is done for the Good and Security of the People, is so much Loss to him of what he hoped to get by coming over.

A third Reason may be this, Because he may presume upon the good Opinion the People have of him, supposing that they will put the best Construction upon all he doth, and look upon those things to be but Mistakes, and the Consequence of the want of true Information, which are the Results of a formed Design.

Or else, Because he may imagine, that al­though he doth to a great degree act over the Part of him who was thrust out of the Throne, yet the People will not feel the Lash so sensi­bly because it comes from his hand. This, whenever it happens, is a Thing of so foul a Complexion, that it deserves as ill a Name as can be given it, and yet I fear there do not want Examples of it.

It is a Mistake, and a dangerous one too, to consider the Person more than the Thing that is done; as if the Person made the Thing better or worse than it otherwise would be: Men [Page 13]indeed differ from one another, and yet do the same thing in different Ways and Manners; but yet every thing is still the same, whoever he be that doth it. If there be any difference, it lies in this, that the better Reputation he hath who doth any thing that is ill, so much the greater is his Reproach, especially if it be a Thing that he hath reproved and punished in another. This judging the Thing by the Person, is that by which Men commonly deceive themselves so very much, or else they would make a righter Judgment than for the most part they do.

How happy is that Prince then whilst he is on this side the Grave, and how glorious will be his Memory, who is not afraid or shy even to have his Actions examined, that Mankind, as well as his own Conscience, may bear him testimony, that he governs according to Law, and makes the Good of his People the End of his Government?

Before I proceed any further, I would be rightly understood in what I have already said; because possibly either through Mistake or through Malice, some may infer; that I would persuade you to take more care of your Liber­ties, than of your Religion, by reason that I have said so much of the former: But far be [Page 14]so Atheistical a Thought from me, I bless God it never yet entered into my Heart: although I am not so Religious as I ought to be, yet I think our Religion to be more valuable than any other thing whatever; for if God should take away the Light of his Gospel from us, it would be the severest Judgment that he could visit us with: and therefore I have pressed you to take care of your Liberty, as the surest Means by which you can preserve your Religion; and in so doing, I conceive I have shewn a Zeal for, rather than a Neglect of it.

It is to be wish'd by all those who desire the Peace of their Country, that Religion were more in fashion among us than it is; for no Nation did ever thrive where it was neglected, and it is to be feared that God will have a Controversy with this Land, if Swearing and Drinking, which are now become so common, be not speedily suppressed, and the corrupt Manners of the Nation reformed.

But before I speak more particularly upon them, give me leave to observe something to you upon two Things which are very injurious to Religion, and yet are done out of a pretended Care and Tenderness for it.

The first is, when Protestants break into se­veral Sects, and distinct Congregations, and not being content with worshipping God in their own Way, are uneasy at all others who follow not with them: Every one being so assured that they are not mistaken, that they will not allow any but themselves to be in the Right, and therefore leave the excellent Rule of Charity, to follow a blind Infallibility.

'Tis true indeed, whilst we are upon Earth we shall have different Sentiments and Opi­nions, and it is not possible for us to help it, because our Reason is too short-sighted and purblind; but yet we may all agree to have a mutual Charity for one another, and then e­very Man will be the better for his Religion, and no Body will be the worse for it: For o­therwise, instead of promoting Religion, we eat out the Bowels of it; that is, we destroy that Charity, without which we cannot enter into the Kingdom of Heaven: But, alas! it is come to this, that one is for Paul, another for Apollos, and another for Cephas. One asks of such a one, Is he a true Son of the Church of England? A Second enquires, Whether he is of such a Congregation? A Third demands to know if he follows such a Man? If so, all is [Page 16]well, and with them he must pass for a good Man, without examining into his Life and Morals.

But what doth all this amount to? Am I the better for being of such a Man's Opinion, or of such a Communion, unless I am a Doer, as well as a Hearer of the Word? Or what is another Man the worse, because he is not of my Opinion, if he lives a better Life than I do?

This Zeal for a Party, is a Zeal rather to be reproved, than to invite others to the Practice of it; for it is not an Argument of Religion, but a Sign of Pharisaical Pride, when a Man is uneasy with another, because he worships God in a Way different from him: for if any Man desires to live as becomes the Gospel of Jesus Christ, and to that end doth daily try and examine himself, he will find himself to be more amiss therein, than he can discover in others; and therefore to lead a good Life is the best Argument that any Man can use to per­suade another to be of his Opinion.

The next thing which is injurious to Reli­gion, is, when the Discipline and Govern­ment of the Church interfere with the State; breaking into the Methods and Foundation of [Page 17]it, to advance the Power and Greatness of the Clergy.

This soon becomes mischievous to Religion: for as it doth in no sort promote God's Glory, or tend to the Reforming of Mens Manners; so when the People find their Liberties crow­ded, to make Elbow-room for the Clergy, and that the Government of the Church will help to make them Slaves, they will be very apt to abhor the Offerings of the Lord.

And therefore in all well-regulated Consti­tutions, the Government of the Church is moulded according to the Principles upon which the Civil Government stands; for if the Church were to model the State, Christ's Kingdom would be of this World, which he hath expresly told us it is not.

Are not that People then in a sad Condition, when that which is amiss in the State, must not be reformed, for fear of hurting the Church, as some do vainly pretend?

This I say, because I am afraid it is some­thing our Case at this time, and so the Nation must languish, to satisfy the Imaginations of some People who are afraid of their Shadows.

For how the Church can be hurt by any Laws that concern the State, is not easily to be comprehended, if those Laws establish no o­ther [Page 18]Gospel than that which was delivered by our Saviour.

Nothing can hurt the Church but it self, and it is never in more Danger than when it is in its greatest Pomp and Grandeur.

The Deceit of this is very plain; Because they that bawl most of the Danger that the Church is in, have the least of Religion in their Lives: for those who live, and under­stand better, see the Folly of it, as also of that Doctrine of Passive Obedience and Non­Resistance, which many cried up as the Cor­ner-Stone of the Church; a Burden which they were forward to lay upon other Peoples Shoulders, yet when it came to their own turn, none were so uneasy under it as they: For when their Rights came to be touched, no Mens Mouths were so full of Liberty and Property as theirs; but now that the Storm is pretty well blown over, they are angry that that Liberty is granted to others, which yet they promised to consent to, and are returned to where they were, in supporting that Arbi­trary Doctrine. And to that End, they are inventing new Titles to the Crown for this King and Queen; which plainly demonstrate what steady Men these are, since in the late Times they would not allow any Title to be [Page 19]good but Succession; yet now they can submit to any other, how contrary soever to Successi­on, provided they can thereby keep up this Ar­bitrary Doctrine, and get their own turns served.

And first, They find out for this King and Queen a Title by Conquest.

I hope these Gentlemen are mistaken: For if the Case be so, we are all Slaves; and instead of being rid of Arbitrary Power by this Revo­lution, we have helped to saddle and bridle our selves to purpose: for People that are con­quered, hold all that they have at the Will and Pleasure of him who did subdue them.

But how were we conquered? Did the Na­tion conquer it self? if it did, it was an odd thing, and altogether wicked. Or who were conquered? not they who actually appeared in Arms against K. J. nor those who wished him some where else, and that was by much the greater part of the Nation.

This is so senseless a Notion, that it only serves to discover the Ignorance or Knavery of those who go about to maintain it: And I suppose we shall hear no more of it, because the Lords and Commons in Parliament by an unanimous Vote have condemned it.

The next Thing talk'd of, is God's Ways of [Page 20]Disposing of Kingdoms; whence they would pretend, that the King and Queen received the Crown from God Almighty's immediate Do­nation.

It is Blasphemy to exclude the Power of God in any case; and to exclude the People from having had an immediate Hand in be­stowing the Crown, is a new and unintelligible sort of Politicks: for the Drift of this Notion is to make us Slaves, by reason that whatsoever is the immediate Act of God, and a Declaration of his Pleasure, Man hath nothing more to do but to yield an entire Obedience and Submission to it: so that when a King receives his Crown immediately from God, any Provisions or Li­mitations that can be made by Men, come too late to circumscribe his Power.

But is this our Case? Which way did God declare it that this Man should reign over us? or who foresaw upon what Head the Crown would be placed, till the Lords and Commons came to a Resolution in it? and therefore it will follow, that the King and Queen received their Crown from the Hands of the People upon such Terms as they gave it, and God hath not done any thing to exempt them from the Perfor­mance of those Conditions.

However, there are those who hoped to have [Page 21]made their Court to their Present Majesties by starting and maintaining those two Notions, viz. of Conquest, and of God's Ways of dispo­sing of Kingdoms; with what Success, I leave to every Man's Observation, and shall only say this, That it will be an happy Age when Kings are so much disposed to the Good of their Peo­ple, that such Flatterers will meet with no En­couragement from them.

I come now to speak of Swearing and Drink­ing: and I do believe that the horrible Profana­tion of God's most holy Name, was never so common as in this Age. That great and dread­ful Name, before which we ought to fear and tremble, is used with more Familiarity than the meanest thing you can think of. It is a very un­fortunate thing whenever we take the Name of God irreverently into our Mouths, altho it hap­pen when we are under some Provocation; yet it administers Cause for Humiliation, and a more narrow Observation of our selves for the future, but is in no sort a Justification of us. Therefore to fill their Mouths with tremendous Oaths, when they are cool and in temper, and to swear in common Discourse, is a dreadful Hearing: and really it is come to that pass, that Men don't think they express themselves well and modishly, unless they interlard every Sen­tence [Page 22]with an Oath or two; and that which is strangely ridiculous, is, that some cannot ask another Man how he does, without wishing his own Damnation.

How this is to be remedied, is the Question; for since it could not be prevented from going to the Height to which it is now got, it will be so much the more difficult to suppress it: for if in any Case it can be said that the Number of Of­fenders is too big for the Law, it must be al­lowed to be so in this.

The Law hath provided very well for the Punishment of such as offend herein, by the Sta­tute of 21 Jac. 1. c. 20. to forfeit 12 Pence an Oath. If this were duly put in Execution, I am persuaded it would work a great Cure; these customary Swearers would with more Wari­ness open their Lips, when they found that their Oaths cost them so dear: and I am the rather of this Opinion, because I have observed that when a common Swearer is in the presence of any Person whose Authority or Quality hath an Awe over him, scarcely an Oath slips from him, though he speaks never so much.

And therefore it is very much to be wished, that Magistrates would more strictly inform themselves of such as offend herein, and give them that Punishment which their Offence deserves.

The next thing is the Sin of Drunkenness, which calls aloud for redress; it being now so common and universal, that People of all Ages, Sexes and Conditions, are infected with it to that degree, that it is become the Reproach of the Nation, which is now as remarkable for this Sin, as it was for the Excellency of our Govern­ment during the Reign of Q. Elizabeth: and it may be observed, that from the time that this Government began to decay, this beastly Custom first took its Rise; I mean, when Q. Elizabeth's Eyes were closed: for from that time hath this Government declined, as if she had been alone the Life and Soul of it; and that when she died, it expir'd with her. For the first Statutes now in force for the punishing of Drunkenness, were made in the Reign of K. James the 1st; and therefore it is more than probable, that till then this Vice was not grown up, to any considerable size at least.

'Tis very strange, that Men cannot enjoy one another without making their Conversation to become a Sin; and that when People meet to be merry, they think they have left their Work unfi­nished, unless they transform themselves into Beasts: and so great a Force and Power it hath upon many, that they choose rather to be clothed with Rags, than to keep from the Spiggot; it hath brought many a Man to a Morsel of Bread, who [Page 24]was well to live before he fell into that sottish Course. It is not for want of a sufficient Pu­nishment that it is grown to so great a Height, for by the 4 Jac. 1. cap. 5. he that is drunk forfeits five Shillings, or for refusal, or want of Ability to pay it, to be set in the Stocks six Hours: and for preventing of such Intemperance, by the same Statute it is provided, That he who remains Tip­pling and Drinking in any Inn, Victualing-house, or Ale-house, shall forfeit 3 s. and 4 d. or be put into the Stocks for four Hours.

By the same Statute it is provided, That he who having been convicted of Drunkenness, shall be again convicted of the like Offence, shall be bound to his good Behaviour.

How the Law comes to lie asleep I know not, for a Law without Execution is but so much Ink and Parchment: and I cannot imagine where­fore no more are punished than there are, consi­dering how vast a Multitude there be who of­fend herein; unless it be because the thing is be­come so common, that People do not look upon it as an Offence; or else because the Infection is so general that Men think it unreasonable to have another punished for that of which he is guilty himself.

But I am sure there ought to be a Reformation, because the Honour of God suffers so extreamly [Page 25]by it; and upon a Political Account it ought to be suppress'd, because as whole Families are impo­verished and ruined by it, so Mens Bodies are en­feebled by it, and rendred unfit for Labour, and the Service of the Publick.

Inns, Ale-houses and Victualing-houses, are for relief of Way-faring Men and Travellers, and such others as cannot otherwise supply them­selves with Meat and Drink; and not for har­bouring of lewd and idle People, to consume their Time and Money in Debauchery; as is de­clared by the Statute of 1 Jac. 1. cap. 9.

The Gains which are earned by relieving such Persons as the Law allows, are honest and justi­fiable; but a Curse most foul and wicked what is now usually gotten by Inns and Ale-houses, who can suffer People to be drinking together in their Houses till unseasonable Hours in the Night; nay, even on Sundays, and that too during the time of Divine Service and Sermons; and there to spend their Money and precious Time, when at the same time they know that their Families at Home are starving for want of it.

Did Tippling Houses consider what a Risk they run, surely they would take more care; for when they receive their Licences to sell Ale, they enter into a Recognizance with Sureties to keep good Order in their Houses, as appears by the [Page 26]Statute 1 Jac. 1. cap. 9. Every Inn-keeper, Victu­aller and Ale-house-keeper, forfeits ten Shillings that suffers any to set tippling in their Houses ex­cept Travellers, or such as have not the Conveni­ence of Eating and Drinking elsewhere.

By the Statutes of 7 Jac. 1. cap. and 21 Jac. 1. cap. 7. 'tis provided, That any who shall offend against the said Statutes, made against Tippling and Drinking, shall be disabled for three Years from selling of Ale; and besides, a Conviction in any of these Cases, is a Forfeiture of the Re­cognizance which they enter into when they are licensed to sell Ale. Such Care hath the Law ta­ken about them: But things are at that pass now, as if Drunkenness were no Offence at all, or that there was no Law to punish it.

I cannot but observe to you, how Providence hath ordered things for the Punishment of Ale­sellers almost in their own way; for though Quartering of Souldiers without Satisfaction to the Houses is a very Illegal and Arbitrary Pra­ctice, yet it may in some sort be justified as to them, they receiving thereby that Measure which they have meeted to others.

These two Things, Gentlemen, I do the more especially recommend to your Enquiry, because they do so immediately concern the Honour of God, and the Peace and Happiness of the Publick.

Besides them, whatsoever is an Offence a­gainst the Publick Peace falls within your Enqui­ry; and I believe you so well know them alrea­dy, that I will not take up your time in repeating of them; nor will all that you, or any of us can do, signify much till Debauchery is suppress'd, and the Manners of the Nation are reformed.

Whilst we bid God defiance with our Lives and Conversations, we cannot hope for Success either in our Fleet or Army, let our Courage and Conduct be never so great, and tho the Supplies we gave to carry on the War were much greater than they are. And if we will not take warning in time, but go on from Sin to Sin, this War, by which we hope to secure Peace to our selves and our Posterity, may prove our Ruin, by spinning it out so long, till the Purses of the People are so drained, and the Nation so impoverished, that it will be an equal choice whether we have Peace or War; being either way exposed to the like Inconvenience.

There is some great Let or Hindrance lies in the way of our Happiness; or else why do we at this Day stand looking upon one another, like the Sons of Jacob, as if we were at our Wits end, not knowing what to think or expect, notwith­standing the great Deliverances that God hath wrought for us? For we have been wonderfully [Page 28]preserved, but not by our own Wisdom or Con­duct; for we have made no other use of those several Advantages which God hath put into our Hands, but as if we expected that he would re­peat his Miracles to preserve us.

Wherefore he hath so signally appeared on our behalf, no Man can determine, yet a Guess may be made: For if his Mercies have their pro­per Effect upon us, by returning us from the E­vil of our Ways, he will then do more and great­er things for us: but if we make him no other Return for all his Benefits, than that of an un­thankful and hardned Heart, then hath he shew­ed these great Signs amongst us, that he might be justified when he judges, and we be condem­ned out of our own Mouths; which God of his Mercy prevent.

And to that End let every Man do his Duty at all Times and in all Seasons, and mind the Pub­lick more than his own particular Advantage; let neither the Frowns nor Favour of Men, tho ne' [...] so great, draw us aside, and men we shall see Peace in our Israel.

I doubt not, Gentlemen, but you will do your Parts; and therefore this is all I have to trouble you with at this time.