against whom the Offences which you are to enquire of and present are High-Treasons Praemunire's and Misprisions of Treason High-Treason is a Crime punishable with Death and whoever compasseth or imagineth the death of the King or Queen and declares it by some Overt Act whoever levyeth War against the King whoever shall counterfeit the King or Queen Regnants Great Seal Sign Manual Privy Segnet or Privy Seal whoever shall counterfeit the Coyn of this Realm or any other Coyn permitted by the King's consent to be current in this Kingdom or whoever shall bring over from beyond the Seas any counterfeit Coyn knowing it to be false and shall make payment thereof in deceit of the King and his People or shall clip impair or falsifie any such Coin as aforesaid or whoever shall obtain or receive from the Bishop of Rome or any Authority of that See any Bull Writing or Instrument Written or Printed or shall Use Publish or put it in Ure or shall be reconciled to the Bishop or See of Rome by virtue of any such Bull or shall perswade any Person to be reconciled by vertue of such Bull or shall abett or conceal such Offenders and Offences or whoever shall by any other ways or means withdraw or endeavour to withdraw any to the Romish Religion or whoever shall be so withdrawn or whoever being a Jesuit Seminary Priest or any other Priest Deacon Religious or Ecclesiastical Person of the Church of Rome and being a Native of this Realm shall come hither or into any of their Majesties Dominions or lastly whosoever during the Present War with the French King shall Send Load Transport or Deliver or cause to be Sent Laden Transported or Delivered for the use of the said French King or any of his Subjects residing in any part of his Dominions or in any place in his Possession any Arms Ordnance Powder Bullets Pitch Tarr Hemp Masts Cordage Iron Coals Lead or Salt-Peter or whoever of their Majesties Subjects shall without License from their Majesties voluntarily go or repair or imbark in any Vessel with an intent to go into France or any Dominions of the French King Whosoever Gentlemen commits any of the Facts abovementioned and all their Aiders Abetters Counsellors and Maintainers are guilty of High-Treason And by the Statute of the 25 th of Edw. the 3d. it is likewise High-Treason to kill the Chancellor Treasurer or any of the Justices Assigned to hear and determine being in their Places doing their Offices All these Facts Gentlemen are High-Treason and you are to enquire and present them In the next place Gentlemen you are to enquire of such Offences against the King and Queen which fall within the Statutes of Praemunire's This Law was made to preserve the Crown of England from the papal Incroachments and Usurpations and to prevent Foreign Appeals in Cases determinable in the King's Courts So jealous were our wise Ancestors of the freedom and independancy of the Regal Power and of their own Liberties that near two Hundred Years before the Reformation in the darkest times of Popery there was no less a Penalty than being put out of the King's Protection being fined at the King's Pleasure and being imprisoned without Bail till that Fine should be paid and their Lands Goods and Possessions Forfeited to the King unless they should come in and receive their Tryal within two Months after Summons no less a Penalty I say than this was provided for all such as should Sue to any Foreign Court or to any Spiritual Court within this Realm to defeat or impeach the Judgment given in the King's Court as also for all such as should on this account purchase or pursue in the Court of Rome or elsewhere any Excommunication Bull or other Instrument against the King his Crown or Realm or should bring receive notifie or execute them here in England and for all their Procurers Maintainers Abettors and Counsellors For in Treasons Murthers and Praemunire's all the Offenders are Principals and are so punishable It would be too tedious Gentlemen to receite to you the several Statutes that have been made especially since the Reformation concerning Praemunire's It is enough to inform you in the General that they are mostly levell'd at Popish Recusants and at such as by word of Mouth or Writing shall defend the Authority the Pope or any Foreign Prince may pretend to have over the King and People of England And Gentlemen I must not omit taking notice to you that an Act made in the last Sessions of Parliament Entituled An Act against Corresponding with their Majesties Enemies Declares That if any Person during the present War with the French King shall Send Load Transport or Deliver or cause to be Sent Laden Transported or Delivered for the use of the said French King or any of his Subjects residing in any part of his Dominions or in any place in his Possession any Goods Merchandizes Wares Or Commodities shall incurr the Pain and Forfeiture of a Praemunire This Act is so exceeding useful for the Nation in this present juncture that I must particularly recommend it to you diligently to enquire and present all Offenders against it In the next place Gentlemen you are to enquire and present all Misprisions of Treason which Word signifieth in our Law Negligence or Oversight in not revealing to the King his Council or some Magistrate a Treason which any Man knows to be committed or about to be committed for it is a high Crime and the Consequences may be very dangerous for any one though not consenting to it for that comes within the Statutes of Treasons to conceal so Capital an Offence Therefore for Misprision of Treason the Offender shall forfeit to the King his Goods and Chattels for ever and the profits of his Lands during his Life and also shall be imprisoned during his Life And Gentlemen now I am discoursing to you concerning such Offences as do most immediately strike at the Persons and Government of the King and Queen I must take notice to you of three sorts of Men of whom we have at this time no small Reason to be Apprehensive and they are these Popish Recusants Protestant Recusants and Protestants who though they have taken the Oaths to their present Majesties and enjoy the Benefit of their Protection do yet make it their business to libel and censure the Government and in their Words and daily Behaviour shew themselves disaffected and to give them their due Character are but one Degree from Traytors By Popish Recusants I mean those Subjects of England who divide their Allegiance between the King and the Bishop of Rome whom they look upon as Christ's Vicar on Earth and of whose Church and Communion they are On this Account they refuse to take the Oath of Supremacy which excludes the Pope's Power in spiritual Matters to any Prince though of their Perswasion and if the
which our Blessed Saviour's Birth was foretold and his extraordinary Qualifications described is this he shall be called The Prince of Peace When this Prophecy was fulfilled by our Saviour's Mysterious Incarnation the whole World was at Peace the Gates of the Temple of Janus which had so long stood open were then shut and when the joyfull Tidings of our Lord's Birth were Proclaimed by Angels to the Shepherds Men of an innocent Life and a meek and sedate Temper this Seraphick Hymn concluded the Gracious Message on which they came Glory to God in the Highest on earth Peace good will towards Men. How noble a Title does our Saviour in his first Sermon on the Mount bestow on the Peace Makers whom he not only declares Blessed but also promiseth that they shall be called the Children of God That God of Love and Peace who by the Gospel of Peace which his Eternal Son promulgated to the World hath made all Mankind capable of everlasting Salvation It would be vain presumptioh in me to enlarge any farther on the Blessings of this happy State whose praises have been so fully celebrated by the Voice of God and the Tongues of Angels and after all that can be said of the Strength the Beauty the Pleasure and all the other desirable Consequences of Peace Tranquility and Freedom for Peace is not to be wisht for when it wants those main ingredients in its composition the advantages and the delights of it are rather to be felt than express'd But as necessary as it is For the well being of Mankind and the cementing of Societies we must look upon it not only as the Reward but as the Natural Product of Justice which being a vertue whereby we are always ready to yield to every one their due how can that be called a state of Peace wherein God to whom as he is our Creator we owe the greatest Honour and Reverence is daily blasphemed and affronted by the Prophane and Licentious and wherein Mens reciprocal Duties to each other are so little regarded that Treasons and Murthers Robberies and Oppressions Frauds and Rapines and the worst sort of Rapine Extortion are daily committed with impunity This is no more a state of true Peace and well grounded security than a Lethargy is a state of bodily Health or a Conscience seered and stupified with the daily perpetration of the greatest Villainies is a state of Grace and Salvation But I hope it is not our misfortune to be in these Circumstances at a time when we are particularly order'd by their Majesties who are themselves admirable Examples of Piety and Vertue to see all our good Laws against Vice and Debauchery and all manner of disorderly and irregular Actions duly and impartially put in Execution Therefore that we may if it be possible see those days the Psalmist speaks of When Righteousness and Peace shall kiss each other I shall recommend to you Gentlemen of the Jury and to all others concerned in it to search and enquire after to present inform against and prosecute according to Law all Offenders against the Rules of Justice which as it relates to different Objects I shall distinguish under these two general Heads of Moral and Civil Justice Under the former is comprehended all Prophaneness Vice and Immorality and under the latter all Treasons Murthers Felonies and Breaches of the Publick Peace and all other Crimes which you are Sworn to inquire into and present according to the best of your Skill and Knowledge and I doubt not but you will acquit your selves of this your Duty with all Honesty Diligence and Impartiality remembring the Solemn Obligation you have laid upon your Souls and the strict account that you must at the last day give of your Actions before the great Tribunal Gentlemen The Offenders against Moral Justice are those who are guilty of profane Cursing and Swearing of Perjury and Subornation of the Profanation of the Lord's Day of Drunkenness Adultery Fornication and all other dissolute and disorderly Practices which do still abound in this Kingdom notwithstanding the many good Laws in force against these Crimes which Laws if they were duly and impartially Executed Vice and Debauchery would be much less Impudent Scandalous and Contagious than now they are and consequently the Guilt of National Impiety would not so loudly call for Vengeance Gentlemen we neither want good Laws nor due incouragement from our Superiors nor yet good Magistrates of the Higher Rank but the Constables Headboroughs and other under Officers have so little Religion or Honesty in them that their negligence in Informing and Prosecuting renders our pains as it were ineffectual for the promoting a general Reformation of Manners Therefore I must give it you particularly in Charge to make a strict enquiry into the Defaults and Neglects of all Petty Constables Headboroughs and Tythingmen in the Execution of their Office but more especially you are to enquire whether they have duly Executed the Order of the Quarter Sessions holden for this County at Kingston in October last Printed Copies whereof have been affixt to the Doors of Parish Churches and in other Publick Places that as the Officers of some particular Hundreds have been minded of this their Duty by a Monthly Petty Sessions kept for the same purpose by the Neighbouring Justices so the whole County should by this more Publick Act of the Quarter Sessions know that it is the unanimous Resolution of us all to do our Parts towards the punishing and repressing these Vices so justly hatefull to God and to all good Men. And Gentlemen let me once more tell you it is your Business to enquire into and make due presentment of the neglect or connivance of all Officers of Justice concerned in the Execution of these Laws for since we find by experience that they have so little regard either to the Glory of God the good of their Countrey or the performance of their own Oaths it is highly conducive both to their own good and to the better demeanour of their Successors that they fhould be made Publick Examples of and suffer Fine and Imprisonment as the Bench shall think fit Gentlemen I am sorry the prevailing Wickedness of the Age has made this digression of mine so necessary I shall now proceed to discourse farther to you on the several parts of Moral Justice and after I have represented to you the Nature of those Vices which are contrary to it and the Penalties our Laws annex to such Vices I shall just hint to you some weighty and indispensible Obligations which you as well as other Officers of Justice lie under diligently zealously and impartially to joyn in the promoting so good a Work And first Gentlemen the daily increase of profane Cursing and Swearing is a thing seriously and sadly to be considered Men are now grown so hardned and riveted in this Blasphemous Custom that one may justly wonder at the Mercifull forbearance of Almighty God in not punishing those
in relation to your Inquiries and presentments the Duties you owe to God and to the King to the former Fear and Reverence to the latter Honour and Allegiance I now proceed to discourse to you of the Duties owing to subordinate Magistrates which are these A respect to them on the account of the Character they bear and a due Submission to their Legal Orders for our Laws are so careful to preserve the Chain of subordinate Government entire that 't is Murther to kill the meanest Officer in the Execution of his Office and to abuse him in it or for it is a high Contempt and punishable in this Court as are also all Contempts of the under Officers towards us their Superiors in neglecting to obey our Orders and execute our Warrants and likewise all Disobedient Sawcy and unmannerly Behaviour of any other Person that is brought before us These things Gentlemen you are to enquire and Present In the next place Gentlemen you are to enquire and present all Offences against that Civil Justice we owe to our Fellow Subjects and they are these 1. Petty-Treason of which all those are guilty who being Wives Children Servants or private Clergy-Men Murther their Husbands Parents Masters Mistrisses Diocesans or Ordinaries For all these Offenders owe Faith Duty and private Obedience to the party Murthered After Petty-Treason the next Felony you are to present for these and several other Crimes come under the general Denomination of Felony is Murther This when it is committed upon Malice prepense is called willful Murther and the Offender hath no Benefit of his Clergy and within this comes also Malice implyed where a Person suddenly kills another without any Provocation given or stabs a Man who hath no weapon drawn Manslaughter is where a Person kills another upon present heat or a sudden Passion in this Case the Offender is allowed his Clergy The next Crimes to be enquired and presented as ' Felonies are Rapes Burnings of Houses Burglary and all sorts of Robberies whether on the Road or in Houses open or shut stealing of Horses or other Cattel abroad or elsewhere Thefts Petty Larcenaries and the return of any dangerous Rogue into this Realm without License after he hath been Banished is Felony and enquirable in this Coutt as are likewise all manner of Felonies whatsoever You are likewise to enquire and present all Trespasses against the Peace and these are Assaults Batteries Blood-sheds Maihems forcible Entries forcible Detainers Riots Routs and unlawfull Assemblies What these are I doubt not but you all very well know and therefore I shall not spend time in defining them to you but only tell you again that it is your Duty to enquire and present them In the next place Gentlemen you are to enquire and present all Libellers Barretors Extortioners Frauds and Deceits the neglect of all Constables Headboroughs and Tything-Men in doing their Duties especially as to all Matters relating to the punishing and repressing of Vice and Debauchery concerning which I have already discoursed to you at large as likewise the neglect of all Overseers of the Poor and Surveighers of the High ways in relation to whom I desire you to take Notice of the Two Acts of Parliament pass'd this last Session concerning the Poor and the High ways of which I would give you the Heads if the Time would allow me You are also to enquire and present all Disorder between Masters and Servants all Fore-stallers Ingrossers Regrators Destroyers of the Game and disordered Victuallers and you are to enquire and present all Annoyances as Disorderly Ale-house-keepers Cottagers Receivers of Inmates the defaults of High-ways and Bridges and the permission of free Passage to Rogues and Vagabonds who ought to be severely punish'd and sent back to the Places of their legal Settlement Gentlemen I am sensible I may have omitted several particulars of your Duty but since you cannot as I suppose be ignorant of them that will not excuse you from presenting these and all other Offences that come to your Knowledge As to those Points that I have so largely insisted on I must tell you plainly that I expect you use your utmost Diligence I had almost forgot to hint to you one Reason as strong as any that can be drawn from Interest why you should punish all Immoralities with the utmost rigour of Law and that is the daily increase of the Poor in almost every Parish so that in some places the Rates for the Poor exceed the publick Taxes assessed by Parliament for câ—rrying on the War Whereas I dare boldly Affirm that if common Swearers prophaners of the Lord's Day Drunkards Tiplers and those Inn-keepers Ale-house-keepers and Victuallers who suffer Disorders in their Houses duly paid the Penalties appointed by Law almost every Parish would be eased of half their Charge or if that continued it would be a light Burthen and a very tolerable Grievance in comparison of the Immoralities and Disorders that have over-spread the Nation You are also to consider that all these Forfeitures do of right belong to die Poor they have as good a Title to them as any Man hath to his Estate and certainly to rob and defraud the Poor is a Crime above the common Level and those who connive at it are undeniably Accessaries to it To Conclude Gentlemen let me once more desire you to remember your Oaths and in order to the discharging your Duty with the greater Sincerity and Diligence let me advise you to fix in your Minds a strong Idea of the general Appearance we must all one day make before the great Tribunal in Comparison of which the most Solemn and August Court of Judicature here upon Earth though it may in some small Measure represent it to our Thoughts is but a piece of formal and vain Pageantry And now Gentlemen without detaining you any longer I dismiss you all to your several Inquiries FINIS ADVERTISEMENT LAtely publish'd a Discourse of Natural and Revealed Religion in several Essays Or a light of Nature a Guide to Divine Truth by Mr. Tim. Nourse and sold by John Newton in Fleet-street Gen. 16.12 Hollinsh 8. Stat. 1. E. 3. c. 16. Isai c. 57. v. 21. Isai c. 9. 7. 6. Luk. c. 2. v. 14. Mat. c. 5. v. 9. Psal 85. v. 10. Hierocles Exod. c. 20. v. 7. St. Mat c. 12. v. 37. Stat. 21. Jac. 1. c. 20. Exod. c. 20. v. 7. v. 16. 1 Kings 21. v. 13. St. Mark c. 15. v. 28. Stat. 5. Eliz. c. 9. Prov. c. 25. v. 18. Psal c. 12. v. 1. Exod. 20.8 9 10 11. v. 7. v. 16. Arch-Bip Sharp's Sermon June 28. 1691. p. 22 23. Exod. 31. v. 15 16. Num. c. 15. v. 36 St. Markc 2. v. 29. Stat. 3. Car. 1. c. 1. Stat. 29. Car. 2. c. 7. Stat. 3 Car. 1. c. 1. Stat. 29. Car. 2. c. 7. Stat. 1. Jac. 1. c. 5. Stat. 1. Jac. 1. c. 9. Stat. 4. Jac. 1. c. 5. Stat. 1. Car. 1. c. 4. Stat. 7. Jac. 1. c. 10. Stat. 21. Jac. 1. c. 7. Stat. 3. Car. 1. c. 3. Exod. c. 20. v. 14. Dalton c. 124. S. 3. St. 7. Jac. 1. c. 4. 1 Cor. c. 10. v. 8. Exod. c. 20. v. 3. Stat. 1. Jac. 1. c. 2. Stat. 1. Ed. 6. c. 1. Stat. 1. Eliz. c. 2. Stat. 14. Car. 2. c. 4. Stat. 5. and 6. Ed. 6. c. 4. Zach. c. 5. v. 4. St. Mat. c. 7. v. 12. Exod. 20. v. 12. v. 15. Stat. 25. Ed. 3. Stat. 1. Mar. c. 6. Stat. 1. and 2. P. and M. c. 11. Stat. 13. Eliz. c. 2. Stat. 18. Eliz. c. 1. Stat. 23. Eliz. c. 1. Stat. 3. Jac. 1. c. 4. Stat. 3. and 4. Guil. and Mar. Stat. 27. Eliz 3. c. 1. Stat. 16. R. 2. c. 5. Stat. 3. and 4. Guil. and Mar. Dalton c. 141. Act 54. v. 16. 1. Cor. c. 13. v. 5. St. Matth. c. 7. v. 20. St. Matth. c. 27. v. 21. St. Mark c. 15. v. 13. St. Matth. c. 26. v. 49. c. 27. v. 5. Genes c. 27. v. 22.