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england_n	according_a	act_n	advice_n	44	3	7.6797	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A65682	The second part of The ignoramus justices, or, An answer to the scandalous speech of Sir W.S. Barronet spoken to the grand-jury at the Sessions of Peace held for the county of Middlesex, at Hick's-hall, on Monday the 24 of April, 1682 : together with several remarks upon the order of Sessions, for the printing and publishing the same / by the same authour.; Ignoramus justices. Part 2	Whitaker, Edward.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex)	1682 (1682)	Wing W1705; ESTC R2042	37,153	39

And that they shall give no Councel to great men or small And in Case where we be party or which do or may touch us many point upon pain to be at our Will Body Lands and Goods to do thereof as shall please us in case they do contrary Here is another Record of Parliament in the 11 H. 4. worth taking notice of which is not in English viz. Vid. Rot. Par. 11. H 4. Nov. 28. Item que nul Chancellor Treasurer Garden del Privy Seal Councel a le Roy Serjeant a Councel del Roy ne null nuter Officer Iudg Minister le Roy per nants fees on gages de Roy pour lour Ditz Offices ou Services preigne en nul manner en temps a venner ascun manner de done ou brocage de nulluy pur lour ditz Offices Services afair sur peine de responder ou Roy de la treble que essint preignone de satisfiee pungs al volunt le Roy soit discharges de son Office Service Councel per toutz jours que thescan que voier a pursuer en la dit matter lascule cibien per le Roy come pur luy mesme cit la treice part del somm de que la party est duement convict c. Having given a little touch of the Old Law and what our Rights are I shall now return to our Speechmaker In page 1. he tells us we are divided in two Churches the Church of England and the Antichurch which are the Dissenters and that of all sorts and to be playing with the Scriptures he calls the Dissenters Devils nay Legions of Devils Why truly a man might have expected as fair quarter from a Turk or the Indians nay from the Papists themselves for they do but account the Protestants of all sorts Devils and why Sir W. should so far oblige them who himself hates a Papist is very strange But by this the Dissenters may see the Justices of Middlesex Christianity towards them whatever the King and Parliaments opinion of them was a little before Well but in the next place he tells us the reason why he esteems them so and that is one of them obey the King and his Laws and the other do not which are the Dissenters these Devils and well may he term them so for he tells us that they torment the Government in the next place he tells them they dishonour the King and defame his Government by those Pamphlets which go about the Town in which certainly the Justice read his Name or else he would not have condemned a whole Body of Men or a Legion of Dissenters for they are many for writing of Pamphlets when it is not I dare say in his power to prove that any one Pamphlet he means was ever writ or published by a Dissenter from the Church of England Established by Law Now if the Justice will here undertake to condemn me without proof and such a number of Men Why then I must take leave to say It is somewhat like their late Warrants sent out to summon in Constables to turn Informers and when the Constables did not approve of that Imployment was for their Disobedience bound to the Good behaviour and fined Twenty pounds which afterwards was lost when a Certiorari came But yet some further Answer ought to be given as to the Dissenters tormenting the Government he cannot I am confident shew in what any of them do torment the Government unless it be in not going to Church Pray ye Mr. Justice and if it shall please you how can that be such a torment to the Government now more than it hath been all other times hath the Government any loss in the Revenue by it or any wounds given Or is it the tender Conscience of the 26 Bishops that is so tormented for the souls of these poor miserable Dissenters if there be nothing else in the wind no Rebellion nor Theft nor Murder why then where is the great torment to the Government Do any of the Dissenters break the Laws more than the Churchmen Do not the Churchmen break more If so many for instance and if it shall like your Worship First it is true the Dissenters are stubborn Rascals some of them at least they will pray for themselves and in their own way and worship God according to the written Word as near as they can go and will not come to Church Now it is granted in doing of this they break the Act of Uniformity to ballance that you Mr. Justice knows that many of the Church of England Loyal men as good as ever pissed will be drunk sometimes and pretty often in a week now set one against the other if you please Then the Dissenters break another Law they go to Meetings contrary to another Act well but you know Sir sometimes they pay dear for it as people say at Bristol c. But if that do not serve turn there are many of the Church of England good Loyal men will swear and damn most confoundedly sometimes which is expressed against the Act and the Law of Christianity too now Sir here is a Rowland for your Oliver and methinks the Justices of Middlesex might have been so consciencious as to have discoursed something of the breach of these Laws as well as altogether upon the poor Dissenters There is another Law the Dissenting Ministers break which is the Act for living within five miles of a Corporation to answer that the Conformists notwithstanding the Act of Non-residence at their Parish Church yet many of them Loyal Churchmen scarce ever come at it except for their Tythes Now Sir I would have you give me leave to tell you one plain and homely story and so end the first Page There was a Wench in Ireland had been with a Priest at Confession and being there freely uncased her self of all her sins to the Priest which proved very great sins and something astonishing to the good man the first was she confessed she had been a great Thief the Priest replyed that was very bad and a great sin but saith she I gave so much money to the poor afterwards well quoth the Priest put that to that the next was she had been a great Whore whereat the Priest started being amazed thereat but said she oh Sir but I did such a Pennance such a time and fasted so long well then said the Priest put that to that another sin whereof she confessed her self guilty was the wronging of her Parents which was a bad sin too but said she my Father and Mother were Hereticks well then said the Priest put that to that The next day the Priest coming again to see his child and asking her how she did she replyed smilingly well I thank you Father she still smiling at him occasioned by a wart the Priest had upon his Nose and he being urgent to know the cause of her smiling she at last after craving his pardon with

and foppish an assertion as it will be if the Justice should the next Sessions spend his time in his Discourse of catching of Connies in a Warren he is well acquainted with In the Statute of Provisoes the Parliament there asserts these words viz. The Commons have prayed our Lord the King that since the Crown of England and the Law of the said Realm is such that upon the mischief and damages which happen to this Realm he ought and is bound by his Oath with the accord of his People in his Parliament thereof to make Remedy and Law in removing the mischiefs and damages which thereof ensue that it may please him thereupon to ordain remedy The King in the same Statute Answers the Prayer of the Commons and saith by his Oath he is bound to it which Statute may be read at leasure to this plainly agrees the Kings Oath at his Coronation viz. R●t Parliament 1 H. 4. Num. 17. Forma Juramenti solit consueti prestart per Reges Angliae in horam Coronatione Servabis Ecclesiae Dei cleroque populo pacem ex integro concordium in Deo secundum Vices tuas Respondebit Servabo Facias fieri in omnibus Judiciis tuis equam Rectam Justitiam Discretioonem in misericordia veritate secundum Vices tuas Respondebit faciam Concedis Justas Leges Consuetudines esse tenendas promittis per te eas esse protegendas ad honorem cas Corroborandas quas vulgus elegerit secundum Vices tuas Respondebit Censedo Promitto Aujiciantque puldutis interrogationibus que justa fuerint pronunciat iisque orbus confirmet Rex se omnia servatur sacramento super altare Prestito cora●● Cunctis By which Oath we may perceive the Kings of England are bound to keep all Laws and to grant fulfil and defend all rightful Laws which the people of the Realm shall choose and to strengthen and maintain them the Chancellor and Ministers about him are sworn to give him true and faithful advice the Judges are sworn to advice the King in point of Law and to Administer the Law indifferently between the King and his Subjects which Oath begins thus viz. An oath of the Iustices being made in the year of Edw. the 3d. in the year 1344. Ye shall swear that well and lawfully ye shall serve our Lord the King and the people in the office of Iustice and that lawfully ye shall Coucel the King in his business and that ye shall not Councel or Assent to any thing which may turn him in damage or dishersion by any manner way or culler and that ye shall not know the damage or dishersion of him whereof ye shall not cause him to be warrented by your self or by other and that ye shall do equal law and right to all his Subjects rich and poor without haveing regard to any Person and that you take not by your self or by others privately or apertly gifts nor rewards of Gold nor Silver nor of any other thing which may turn to your profit unless it be meat or drink and that of small value of any man that shall have any plea or process hanging before you as long as the same process shall so be hanging nor after for the same Cause and that ye take no fee as long as ye shall be Iustice nor Roabes of any man great or small but of the King himself and that ye give no Advice or Councel to no man great or small in no case where the King is party and in case that any of what Estate or Condition they be come before you in your Sessions with force and armes or otherwise against the peace or against the form of the Statute thereof made to disturb execution of the Common Law or to mennace the people that they may not pursue the Law that ye shall cause their Bodies to be Arrested and put in prison and in case they be such that ye cannot arrest then that ye certifie the King of their Names and of their misprision hastily so that ye may thereof ordain a conveneable Remedy And that ye by your self nor by others privity or apertly maintain any Plea or Quarrel hanging in the Kings Court or elsewhere in the County And that ye deny no man common Right by the Kings Letters nor no other mans nor for none other Cause And in case any Letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and proceed to execute the Law Notwithstanding the same Letters and that ye shall do and procure the profit of the King and of his Crown with all things where you may reasonably do the same And in case ye be from hence forth found in default in any of the points aforesaid ye shall be at the Kings will Body Lands and Goods thereof to be done as shall please him As God you help and all Saints Now having given you the Oaths as the Law hath setled it I shall add one Statute more to shew how careful and diligent our Ancestors were to preserve this Nation from Arbitrary Power not only in the King but also in Judges and Officers that we might not be enslaved and opprest by the Judges under a colour and pretence of Law And that is the Statute of 20 E. 3. The Title is viz. The Justices of both Benches 20 E. 3. cap 10 Assices c. shall do right to all men take no fee but of the King nor give Councel where the King is party First we have commanded all our Iustices that they shall from henceforth do equal Law and Execution of Right to all our Subjects rich and poor without having regard to any person and without omitting to do right for any Letters or Commandment which come to them from us or from any other or by any other Cause And if that any Letters Writs or Commandments come to the Iustices or to others deputed to do Law and Right according to the usage of the Realm in disturbance of the Law or of Execution of the same or of Right of the Parties The Iustices and others aforesaid shall proceed and hold their Courts and Process where they please and matters be depending before them As if no such Letters Writs or Commandments were come to them And they shall certifie us and our Councel of such Commandment is which be contrary to Law as aforesaid and to the Iuter● that our Iustices shall do even right to all people in manner aforesaid without more favour shewn to one then to the other We have ordained and caused out Iustices to be sworn That they shall not from henceforth as long as they shall be in Office of Iustice take Fee nor Roab of any man but of our self and that they shall take no gift or reward by themselves nor by others privily or apertly of any man that hath to do before them by any way except meat and Drink and that of small value

if so our Ancestors were Fools to make the Coronation Oath and the good Statutes with divers others before recited But Sir W. all this you do to be Great and by this it may be you may be so fond as to believe you make the King great too tho it be the quite contrary way nay such Men as you that take away all Law do totally lessen both the Prince the Nation and the Government for if the King have no better Title than his Sword or the Jure Divino-ship you speak off then Lord have Mercy on him For you Sir W. by the same Rule tho but an Attorneys Son if you can but make your self popular enough and get a long Sword cased with a Pretence of a Divine Right you may be King as well as any only I think if you should do so and not make your Sword long enough you may chance to find that the Jure Regnum would spoil your Jure Divino But to please you in something and not to thwart all your dark Sayings so hard to be understood we will for once as you insinuate allow that Government is Jure Divino and the Ordinance of God but the Modes and Forms were ever yet left to Man which in all Countries whatsoever have been chalked out by the People themselves for their Weal and Government And if our ancient Records may be credited no Nation under Heaven ever established better Rules for Government than this Kingdom hath done for here neither the Prince can by Law hurt the People nor the People the Prince and the Law is the Standard between them and the Protector of both which sure Sir W. you ought to have known or at least to have shown us what Text of Scripture it is that establisheth our Kings in England and gives them Authority above the Law but when you have said all the Kingship of England is but an Office and a Trust reposed in them by the Law of the Land under your good Favour And they are made Kings by Humane Laws but to whom the Kings of England are accountable I am not to question nor do I think it fit for you And for your saying the King ought not to be importuned by the People to do any thing which he knows is contrary to his Duty and Trust I say so too but how this will amend the Matter or plead for your designing to join some Person with him as was told you before I know not but by the Rule of Contrary if the People ought not to importune the King nor he to grant what is not just as is clear they ought not then sure both the People ought to importune the King and he to grant them all that is Just and Right and what by the Law and his Sacred Oath he is bound to do And then Sir W. I will take leave to tell you and make your best on 't that the People ought in this imminent time of danger both from your Friends the Papists at home and the dangers from abroad to importune the King for a Parliament as their Right by Law according to the Statutes of Edw. the 3d. And if you are so conscientious a Man and mean for the Law and right Government of England as you pretend I do not doubt in the least but you will help forward such a Petition and since the Justice tells us that a Prince must be just against the importuning of his Subjects I hope Sir W. you that say so will not be so unjust as not to begin so good a work since you have ever had the knack of Addressing And now we are in the sixth Page come to Sir W's Hear-say that is The King I have heard was pressed to exclude the D. of Y. Pray saith the Justice examine the Justice of that can it be just saith he to punish in presonti for a Fault to be committed in futuro Divine Sir William he must still have a fling at the Parliament it is as good Leachery to him to scratch there as to be a standing Stallion in another place well but this is a grand Fault of the Parliament no doubt What punish a Man before he had committed any Fault as he tells the Grand Jury surely they would not find a Bill against any Man for a Fault that might be committed Now observe the cunning of this Abuse that he would sham upon the unthinking People of a Wrong the Parliament was about pray who was or who would have been wronged if such a Bill had passed altho for my own part I ever thought there were other Bills more needful Is it not strange the whole Nation in a Body in three several Parliaments could be so foolish and wicked as not to see the Sin and Evil of this thing as well as the Justice and the Justice then said nothing nor was so kind to give his Advice But the Justice will mistake the Case he looks upon the Duke as in Possession and not as a Subject and he looks upon the single Subject this one Man to be of more value than all the Subjects Good and Welfare of England and to put a blind upon the World topes upon us the D's divine Right to be King here over us and as natural for him to be our King as to do the Office of Nature Now I always thought the Kingship of England as is before hinted is by the Law of the Land and no otherwise and that every King in this Kingdom is or ought to be the Supream Magistrate for the Peoples Good But if a Prince be born a Fool an Ideot or become a mad Man how can that Man be thought to reign for the Peoples Good Now if such a thing should happen may not the King and People then in being altogether as in all Ages they have done chuse another more fit to govern in that Office is there any Injustice in this is there any more than common Prudence and would they be just to themselves if they should do otherwise Where is the Wrong to the mad Man He is bereaved of his Senses must therefore the People be so too And in all Ages hath not the Crown of England been settled by the King and Parliament and have not Forreigners done the same witness the Portugals they did not only put by a Subeject not fit to reign by his Folly but put by and do still to this day their King when in actual Possession because of his Infirmities otherwise they had sinned against the very Law of Nature for that teaches us self Preservation But so much hath been said already by abler Heads as to this most ridiculous nonsensical Notion that I thought no Man pretending to common Sense would have dared to have been so bold as to have mentioned such a thing or to arraign the Judgment of the whole Nation And now after the Justice hath thus spent the time in ranting and beating the Air about this unjust Design of the Parliament