Selected quad for the lemma: lord_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A61422
|
The beginning and progress of a needful and hopeful reformation in England with the first encounter of the enemy against it, his wiles detected, and his design ('t may be hop'd) defeated.
|
Stephens, Edward, d. 1706.
|
1691
(1691)
|
Wing S5422; ESTC R15155
|
31,818
|
45
|
with serious and deep Meditation but easily lay that aside And for those whose Minds are all the six days incumbred with many things of the World to be diverted a good part of the Seventh from that One thing necessary cannot but greatly gratifie those malicious Spirits and to see so much of their Work done to their hands nay and the very Ministers of God for the Good of Men as Magistrates are ordained to be become Voluntiers in their Service for the Promotion of it contrary to their Oaths and contrary to the Laws they were appointed to execute I doubt there will be few found to have been very sound Christians who have little regarded the Observation of this Day And certain I am that one of the Best and Wisest Justices that ever England had the late Lord Chief Justice Hale was a very Religious observer of it himself and did greatly recommend it to others upon all occasions both by Word and Writing and largely in his last Instructions before his death to his Grand-Children not only from Principles Authorities and Arguments of Reason but also from his own long and frequent Experience They conclude this notable Order with certain Recommendations to their fellow Justices which is the third and last part of it and with great appearance of Justice and Equity but in truth with great Presumption against the Laws great Insolence against her Majesties Recommendations and Commands and great Artifice to frustrate or obstruct the Effect thereof and of that very Order of Sessions which was made in Obedience and pursuant thereunto Nothing can have a more plausible appearance of Reason and Justice than the Prevention of Irregular Proceedings and Notice of one's Offence and Accuser before Condemnation And by the Common Law no Man can be Convicted but after Summons and Tryal per Pares But if the Wisdom of the Great Council of the Nation have thought fit in some special Cases of notorious common Offences against the Laws not only of the Nation but of God and Nature too and for which the Penalties are small in comparison of the Crimes to omit both and to appoint a more expeditious way of Proceeding it is a very bold Presumption in a little Faction at a Sessions to make themselves wiser than the Laws and to assume to themselves so much of a Legislative Power as to prescribe to their Fellows Rules to act by contrary to the Laws and to correct the Methods direrected by the Laws as Irregular Proceedings The like Presumption it is to prescribe narrower Bounds to themselves and their Fellows to act in under a new name of their own District than their Majesties and their Commission hath set them or their Oaths will allow them to observe It is true for Licensing of Ale-houses and taking Accounts and making of Officers and such like things which cannot so well be done by Strangers as by those who live in the same Division the Justices in all Countries have used as by Law they may to divide both the Trouble and the Profit which in those things accrue to their Clerks between them and to act in their own Divisions neither indeed can they ordinarily do otherwise unless they would neglect their own these being matters which are usually dispatched in all the several Divisions throughout the whole County at the same time But it is a new Project to extend this to the Punishing of Offenders thereby to hinder the Execution of these Laws And such is that of acquainting all Offenders who are their Accusers which would certainly deter People from giving any Information the Penalties being so small against the most notorious malicious impudent and desperate Offenders A much more just and reasonable Course was it therefore which Mr. Hartley took to let any one know who was his Accusers if he would be bound to Prosecute him These being matters of very bold Presumption against the Laws and greatly to the hinderance of the Execution of them are so much the greater Insolence against her Majesty who by her gracious Letter had recommended and command the strict Execution of them with so much Earnestness as may be seen before But this is not all Upon Thursday Morning according to this Order the Counstables brought in the Warrants remaining in their Custody for the Offences aforesaid of which no small number had been neglected to be Executed probably by some secret underhand Encouragement and by these Gentlemen were torn or suppressed under pretence of Illegality and Irregularity by which what they understand may be judged by what hath been observed already And here having seen before how observant they are of the Laws of the Land and of her Majesties Recommendations and strict Commands it is fit to take a little notice What just regard they have to their own Rules and Prescriptions which they no sooner make than they notoriously violate unless they were made only in favor of such as Transgress the Laws which the Queen requires to be Executed but not in favor of those who worthily endeavor to promote the just Execution of them Which is the Case of Sir R. B. a Gentleman of Quality a Bar. who came over with the Prince and a Person of very good Reputation yet was not he vouchsafed this Favor to have so much as a Summons or any civil Notice from their Worships Nay though upon a general Notice from others That his name was in question there for what he had done in this matter he sent a very civil Letter with an Abstract of the Methods of the Proceedings before related and such a Register of the Warrants as is before described to Sir C. L. the first Man of the said Committee to give them all the Satisfaction that upon such general Notice was cenceived requisite and these were all delivered to him by a Gentleman of good Quality before the Report was made yet would the said Sir C. L. and his Fellows needs proceed in that rash ungentile false and scandalous Report notwithstanding as if there had been no Authority in the Nation to superintend or control their Actions Nor could he obtain the favor to be by them informed of his Accuser or of the Particulars of his Offence that he might have given a more particular and complete Satisfaction if there was occasion before he was so scandalously misrepresented by the Committee in their Report to the Bench notwithstanding the Recommendations of their Order aforesaid for that purpose in the case of any of the foulest Offenders without Exception Which is plain Demonstration that it was not any sincere regard to Justice but under Pretence of that an evil Design to obstruct and discourage the Execution of these Laws contrary to the Queens Letter and to the Order of Sessions thereupon that was intended by some of them in those Illegal Recommendations The Letter was as followeth October 16. 1691. SIR FOrasmuch as the Malice of Wicked Men has so far prevailed as to misrepresent that Undertaking in which
for Middlesex and the like Order of the Lord Mayor and Court of Aldermen to be printed in a smaller letter and to be sent into all parts of the Nation it their own charge hoping that other Cities and Counties would thereby be provoked to follow so good an Example and shew their readiness of themselves to gratifie her Majesties so gratious and pious intentions As the County of Gloucester and that City did having timely notice the same Quarter Sessions and others 't is said have done the like since This was a Business which they foresaw from the beginning could not be carried on without some Charge and therefore for that purpose they presently agreed to raise a Common Stock by their own voluntary Contributions And though they resolved to spare neither Pains nor Costs for the promoting of it yet being most of them private persons they thought it most prudent upon diverse considerations to manage it with as little noise as might be and with all the Privacy that a business of this nature is capable of And had continued so to doe had not the Malice Misrepresentations and Calumnies of some evil persons at this last Sessions at Hiks's-Hall made a Plain Narrative of their Procedings necessary for a Just Vindications of their Innocent Honest and Commendable Design and Undertaking It is true it could not be expected but that many Offenders who were punished by the Justice of these Laws would be incensed against all such as they should know to have any hand in promoting the Execution of them as likewise such dissolutes 〈…〉 are unwilling to be restrained within the 〈◊〉 of Religion Vertue or Sobriety And it has been observed that many such as are ill affected to the Government have at much as any opposed and exclaimed against this Execution of these Laws principally and with the greater heat and indignation because recommanded and required by her Majesties Authority But there being nothing in all those Proceedings contrary to Law or which any private person might not lawfully be concerned in but all designed and directly tending to the promotion of what her Majesty had so graciously recommended and required for the Honour and Service of God and the good of the Nation there could be no doubt of the Apprebation of her Majesty and of a good people if it should at any time come to be known And it was all so contrived for the Ease of the Magistrates and Justices of the Peace that upon that single consideration it might well be thought to deserve not onely their Approbation but Thanks also and special Encouragement But there are two other Considerations in the Case which ingenuous minds would have been sensible of and affected with the one that what was done was for promotion of their own Order the other the Honour that was done them by recommending their Example to the whole Nation And great pity it is that a Party of unworthy persons gotten into the Commission of the Peace of this County should have so far prevailed upon some of their fellows as by their Rashness and Inconsiderateness to say no worse to bring a blemish upon the Bench where notwithstanding to doe them right were many worthy persons who utterly disliked their Proceedings besides many others of worth and quality who were absent It is certain that no part of the Nation doth more abound with persons of worth and well qualified for the Administration of Justice than this part of Middlesex near London and yet it is commonly said and believed that it hath usually had the unappiness to have more notorious corrupt mercenary and ill men in Commission of the Peace than any County of England besides And the reason may be supposed to be this Hither is the common resort of the dreggs of the whole Nation and besides many other vicious and licentious people of many persons of broken fortunes and many Lawyers who have neither Abilities to get into practice nor Vertue to be contented with their own Estates and what they might honestly acquire by such employments as they are qualified for And whereas in other Countries there is nothing of Profit to be easily gotten by being in Commission of the Peace which might invite any to solicit to be in but a certain Charge attending it in this it is commonly said and believed that some Justices of the Peace do usually make 200 or 300 li. per annum of their places or more And it is not unlikely if it be well look'd into that there may be found at this time in Commission of the Peace for this County diverse persons of very ill Morals of profane and light Conversation of decayed and broken Fortunes and some professing the Law who have little or no Practice unless as Justices of the Peace and who have used great solicitation by recommendations to get in and some who may reasonably and are suspected to be no good and faithfull friends to this Government And from some of these Gentlemen probably the violent Opposition that hath been lately made to those honest and commendable Endeavours of the Gentlemen before mentioned for promoting her Majesties Pious and Honourable Intentions and the very End of the Order of Sessions hath proceeded Though the Order of Sessions upon the Queen's Letter was passed without any interruption and with great expedition the very next day after the receipt of the Letter and and in like manner such an other Order in the City by the Lord Mayor and Court of Aldermen not long after though without any such Letter to them directed yet it soon appeared that some Magistrates in the City and Justices in the County were not so forward to observe their own Orders and execute the Laws as was expected This appeared by the treatment which divers met with who offered to give them Informations but were put off checked and discouraged for their pains And it was observed that several who were most cold in the business were such as were beleived not overwell affected to the Government And this occasioned those Questions which were printed in the Athenian Mercury Sept. 5. which are not improper to be here inserted as followeth 1. Whether an Alderman in the City being a Justice of Peace or other Justice of the Peace in the Countrey refusing to â—â—ke an Information upon Oath against any scandalous Sin or Offence punishable by the Law and subject to his Cognizance or to send out his Warrant for the Punishment thereof upon legal Conviction doth not thereby violate his Oath of Justice of Peace and become guilty of Perjury before God 2. Whether for that Cause especially if his Refusal be common and notorious though it be not punishable by the Statute against Perjury he may not be punished by the Common Law 3. Whether it be not a plain indication that such a Person hath little or no sense of Religion or of the Fear of God in his Heart 4. Whether it being plain Matter of Fact that many addicted