Selected quad for the lemma: judgement_n
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A45577
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A charge given at the general quarter sessions of the peace for the county of Surrey holden at Dorking on Tuesday the 5th day of April 1692, and in the fourth year of Their Majesties reign / by Hugh Hare.
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Hare, Hugh, 1668-1707.; England and Wales. Court of Quarter Sessions of the Peace (Surrey)
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1692
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Wing H760; ESTC R25410
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29,639
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42
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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shall by any other ways or means withdraw or endeavour to withdraw any to the Romish Religion or whoever shall be so withdrawn or whoever being a Jesuit Seminary Priest or any other Priest Deacon Religious or Ecclesiastical Person of the Church of Rome and being a Native of this Realm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
A Charge Given AT THE General Quarter Sessions OF THE PEACE For the County of SURREY HOLDEN At Dorking on Tuesday the 5 th day of April 1692. and in the Fourth Year of their Majesties Reign By the Honourable Hugh Hare Esq One of their Majesties Justices of the Peace for that County LONDON Printed for John Newton at the three Pidgeons over against the Inner-Temple-Gate in Fleet-street 1692. TO THE Right Honourable George Earl of Berkeley c. Custos Rotulorum of the Country of Surrey My Lord WHen I Petitioned your Lordship to appoint the Easter Sessions at Dorking I little expected the Honour the Gentlemen on the Bench were pleased to do me in chusing me for their Chair-man but when I was forc'd to submit to their Commands in accepting an Office for which I was so ill qualified I was extremely surprized at the unusual Compliment the Grand Jury first and then the Court made me in desiring me to Publish the Charge I gave them All the importunities I could use proved insufficient to excuse me from appearing thus in Publick and I was forc'd out of deference to their Judgments and obedience to their Orders though with the greatest Reluctance to execute on my self a Sentence so Severe For though there is nothing in these Papers that an honest Man need be ashamed of yet the World will be apt to judge of them not according to the sincerity of the Author but the exactness of the performance And there ought to be Wit and Eloquence Sense and Judgement as well as a good intention in those that appear in Print I am sensible My Lord how deficient I am in the first mentioned Qualifications and therefore I thought it necessary to beg your Lordship's Protection for this Discourse And indeed whether I consider your Lordship as a zealous Patron of Religion and Vertae or as a true Friend to the Interests of your Country and by consequence entirely devoted to their Majesties Service or whether I consider the High Office your Lordship so deservedly enjoys in this County and the Obligations I owe your Lordship for honouring me with your Friendship in all these respects my Lord there can be no Person so fit as your Lordship to defend the following Sheets from the Censures of Atheistical Libertines and Seditious Male-contents If we were to judge of the Strength of these two Parties by their Clamour and their positiveness in what they assert then Religion Vertue and Loyalty might justly be apprehensive of them as dangerous and formidable Enemies But those Arguments had need be irrefragable that can perswade a Man of Sense either that Wickedness and Goodness are of the same intrinseck Value and equally eligible or that a Despotick Monarchy is preferable to the excellent Model of our English Government And though they were Masters of as much Wit and Art as the Epicurean Poet or the Malmsbury Philosopher whose Dictates they for the most part Copy after yet Principles that are in themselves false and besides that undermine the Publick Security and destroy the private Happiness of Mankind must never hope to be generally entertained unless they have better recommendations than superficial Sophistry and smooth Language But my Lord 't is the proper Business of a Dedication to be on the Defensive and therefore I shall not engage my self any farther in this Quarrel I have only this to say in behalf of my self that whoever thinks I have prostituted my Pen either to Revenge Covetousness or Ambition is very much mistaken for as I never received any personal Affront or Injury from the last Government so neither do I expect or hope for any profitable Employments or great Places under the present But am as free on the one hand from Malice as I am on the other from Flattery By this the World may see I have no private Aims but have sincerely and freely declared the Genuine and Vnbyast dictates of my Reason And these I presume to shelter under your Lordship's Patronage and since I have been as it were forc'd to Print these Papers it is no small comfort to me that I have thereby an Opportunity publickly to own your Lordship's kindness in appointing at my request the last Sessions at Dorking and in giving me reason to hope that that place shall now and then by your Lordships grant share an advantage from which it hath for some time been excluded and which I assure my self they will for the future deserve better by prevailing with the Justices to fill the Chair with a person fitter for that Employment then My Lord Your Lordship 's most Obliged Obedient and Humble Servant HUGH HARE Betchworth Apr. 12. 1692. Sur ' ss Ad. General ' quarterial ' Session Pacis Domini Regis Dominae Reginae Com' Sur ' tent ' in pro Comitatu praedicto apud Dorking in eodem Cmitatu die Martis in Septimand proxima post Clausum Pasch ' scilicet quinto die Aprilis Anno Regni Dom. Will ' Dom. Mar. Dei gratia Angliae Scotiae Franciae Hiberniae Regis Reginae sidei Desensorum c. quarto coram Justiciariis ibid assignatis c. ON Reading the Address of the Grand Inquest for the body of this County at the General Quarter Sessions of the Peace now held for this County at Dorking whereby it is desired that the Honourable Hugh Hare Esq would please to permit his Religious Learned and Loyal Charge now given to the said Grand Inquest to be Printed The Justices now present in Court do Concurr and Agree with the said Grand Inquest in their Address and do desire that the said Mr. Hare would please to permit his said Charge to be Printed Per Cur. Exr. per Will. Smith Cler. pacis Com. Sur. Praed Sur'ss VVEE whose Names are subscribed being the Grand Jury for the said Country do Present our Humble Thanks to the Honourable Hugh Hare Esq Chairman at the general Quarter Sessions held at Dorking in the said County the 5th of April 1692. for his Religious Learned and Loyal Charge and do hombly desire that for the Advantage of this County for whose Benefit it was intended he would permit the same to be Printed Tho. Baker Tho. Vincent Valentine Hayward John Isted John Goldhawke Thomas Francis Will. Luck John Hill Miles Dudley John Woodman John Stilwell John Rowod Tho. Harther John Knight Tho. Spong Walter Lonhurst Tho. Cannell John Page Michael Greene Will. Wood Will. Wood Jo. Gardiner Joseph Bignold Charles King Richard Hubbard A Charge Given AT THE General Quarter Sessions OF THE PEACE For the County of SURREY HOLDEN At Dorking on Tuesday the 5 th day of April 1692. Gentlemen of the Jury AS the Necessity of Government flows from the Corruption of Humane Nature so the Strength the Glory and the Honour of it consist in the regular Administration of Justice and as without the one Societies cannot be upheld so without the other all Communities would be but little better than well