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A82298 A collection of speeches of the Right Honourable Henry late Earl of Warrington, viz. I. His speech upon him being sworn mayor of Chester, in November, 1691. II. His speech to the grand-jury at Chester, April 13. 1692. III. His charge to the grand-jury at the quarter-sessions held for the county of Chester, on the 11th. of Octob. 1692 IV. His charge to the grand-jury at the quarter-sessions. Held for the county of Chester, on the 25th. day of April, 1693 Warrington, Henry Booth, Earl of, 1652-1694. Selections. 1694 (1694) Wing D876; ESTC R11819 38,885 113

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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 FINIS The Lord DELAMERE's SPEECH TO THE Grand Jury at CHESTER APRIL 13. 1692. THE SPEECH OF THE RIGHT HONOURABLE HENRY Earl of WARRINGTON Lord Delamere TO THE Grand Jury at Chester APRIL 13. 1692. LONDON Printed for Richard Baldwin near the Oxford-Arms in Warwick-Lane 1692. THE SPEECH OF THE RIGHT HONOURABLE HENRY Earl of WARRINGTON c. Gentlemen of the Jury 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 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 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 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 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
BOOKS Sold by Richard Baldwin BIbliotheca Politica Or An Enquiry into the Ancient Constitution of the English Government with respect both to the just Extent of Regal Power and to the Rights and Liberties of the Subject Wherein all the Chief Arguments both for and against the Late Revolution are impartially represented and considered In XIII Dialogues Collected out of the best Approved Authors both Ancient and Modern To which is added An Alphabetical Table to the whole Work The Works of Fr. Rabelais M. D. or the Lives Heroick Deeds and Sayings of Gargantua and Pantagruel Done out of French by Sir Tho. Urchard Kt. and others With a large Account of the Life and Works of the Author particularly an Explanation of the most difficult Passages in them Never before publish'd in any Language Mercury or the Secret and Swift Messenger Shewing how a man may with privacy and speed communicate his Thoughts to a Friend at any distance The second Edition By the Right Reverend Father in God John Wilkins late Lord Bishop of Chester Printed for Richard Baldwin where are to be had The World in the Moon and Mathematical Magick The Antiquity and Justice of an Oath of Abjuration In answer to a Treatise Entituled The Case of an Oath of Abjuration An Essay concerning Obedience to the Supream Powers and the Duty of Subjects in all Revolutions With some Considerations touching the present Juncture of Affairs A Compendious History of the Taxes of France and of the Oppressive Methods of Raising of them An Impartial Enquiry into the Advantages and Losses that England hath received since the beginning of this present War with France A COLLECTION OF SPEECHES OF THE RIGHT HONOURABLE HENRY Late EARL of Warrington VIZ. I. His Speech upon his being Sworn Mayor of Chester in November 1691. II. His Speech to the Grand-Jury at Chester April 13. 1692. III. His Charge to the Grand-Jury at the Quarter-Sessions held for the County of Chester on the 11th of Octob. 1692 IV. His Charge to the Grand-Jury at the Quarter-Sessions Held for the County of Chester on the 25th day of April 1693. LONDON Printed for Richard Baldwin near the Oxford-Arms in Warwick Lane 1694. A Collection of SPEECHES Of the Right Honourable HENRY Late EARL of Warrington 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 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 Vnlawful 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 Admonition to