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A60592 The charge given by Sr. William Smith, Brt. at the quarter-sessions of the peace held for the county of Middlesex, at Westminster, on Monday the 24th of April, 1682. England and Wales. Court of Quarter Sessions of the Peace (Middlesex); Smith, William, Sir, 1616 or 17-1696. 1682 (1682) Wing S4255A; ESTC R19647 12,812 13

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upon or scarce a Shoe to their feet Methinks the Natural Body should instruct the Body Politick In the Natural Body if the Head be assaulted the Hands are presently lifted up to defend it if any Limb be in pain the Head and Heart are sensible of it if there be but a small Excressence upon a Toe the Hands are immediately at work to relieve and ease it and thus every Member gives mutual assistance to each other by which the whole is kept in health and vigor Should not the Body Politick do the like Ought not all the Members defend and support the Head where is the seat of Wisdom and Direction Ought not the Head and the nobler Parts of that great Body encourage and succour the inferior that so all the Parts with consent and pleasure may stick close together for their common defence which if they did they were invincible Vis unita fortior Rewards and Punishments ever did and ever will govern the World it is the method of Heaven 'T is true there are many generous Spirits who are contented with their own Vertue for their reward but Prudence should not trust to that Quis enim virtutem amplectitur ipsam Praemia si tollas Vertue is like a choice Plant or a Tree which bears excellent fruit but the Gardiner must nourish and cherish this Plant and Tree or else the Plant will dwindle and the Tree in time bear sowr fruit I have heard it esteemed policy to make a golden Bridge for an Enemy to pass over but it was that he might be gone and trouble us no more but I could never think it advisable to purchase Enemies and put them into ones bosome to give them Places of Trust and Profit this is to make them more potent Enemies than they were before I hope for the Honour of the King and Safety of the Government no man for the future shall be imployed until he be first sifted and winnowed and if one grain of Faction be found in him that he shall be laid aside This is reasonable and therefore just and Justice Gentlemen is one of God Almighty his chiefest Attributes When there was a contention between that and his Mercy nothing but the precious Blood of the Son of God could reconcile them of that esteem is Justice in Heaven This Justice God hath sent into the World for the use of men and expects it should be esteemed here he hath not sent it by a common Envoy but by his Vicegerent not only to be distributed but to be inforced where it will not be kindly received God tells us By me Princes decree Justice Deeree signifies Power and Authority God hath not intrusted the Prince to decree Justice only but to govern the People committed to his charge to preserve them from themselves and from their Enemies God says By me Kings raign and Princes decree Justice and surely he is to be believed I wonder therefore at the strange Opinion which some men have of late spread abroad That the People make the King and give him his Authority A strange Opinion and as presumptuous as false Is not God the Ens Entium Is not Man and all other Creatures Emanations from that Fountain Doth he not give us our day Bread the former and the latter Rain and all things else whatsoever If all things are his Power and Authority more the People then cannot give it Nemo dat quod non habet and Quicquid effecit tale est magis tale The King hath his Authority from God and to him alone is to be accountable Ipse sub nullo nisi tantum sub Deo But I believe the mistake came from this Some men might take the Law for the Authority the Law it is true is the Rule by which the King is to administer but the best Law and most useful that ever was made would lye still for ever if it was not acted and quickned by some Authority This Authority is the King 's which he had from God and his Majesty transmits it to us and others who act by his Commission to put the Laws in execution God fashioned Adam into the shape of a man but he was a useless Creature until God was pleased to give him life and motion by his breath The Laws are likewise to be quickned by that which must move and quicken them The King I told you is to be accountable to God and must render an exact account of the Power God hath put into his hands and how it hath been administred for the good and welfare of the People committed to his charge The King therefore ought not to be importuned by the People to do any thing which he knows is contrary to his Duty and Trust for he alone must answer for it not they Joshua made peace with the Gibeonites which they obtained from him by fraud pretending they were strangers came from far and none of the Canaanites but in two or three days the Israelites came to the knowledge that they were of the Race of the Amorites who God commanded to be destroyed and did urge Joshua to break the Peace but he refused them and would not be unjust at their importunity and they were satisfied Princes must be just even against the importunities of their Subjects The King I have heard was pressed to exclude the Duke of York pray examine the Justice of that Can it be just to punish a man in praesenti for a fault to be committed in futuro If a Bill had been presented to you Gentlemen of the Grand Jury against any man upon presumption he would commit such or such a crime a year hence surely you would not find that Bill This of the Duke is of that nature this could not be a fault until he was to succeed to the Crown and that is uncertain whether ever or never It is true God hath given this Crown of England to this Royal Family who have enjoyed it in Succession many hundred of years but he hath reserved to himself to determine the Person of that Family from time to time to the Government and when God hath made his Election is it for us to say Nolumus hunc regnare Would not this be to question the divine Wisdom and to usurp upon God's Prerogative in whose hands are the issues of life and death and all other events to which all men in prudence ought to submit because they know they must do it whether they will or no Men ought not to pry into the Arcana of Heaven God is a jealous God The Bethshemites were smitten for looking into the Ark and so was Uzzah for touching it although 't was done with a good intent This act of Wisdom and Piety will make the King's Name be celebrated in Story Fears and Jealousies ought not to transport Subjects to the desire of unreasonable things of their Prince for he must answer for them not they I will teach you an Experiment without a crime that you shall never fail
of a good King It is to be a good People for God who is infinite Goodness gives an ill King for the punishment of an ill People and you cannot displease and provoke him more than when he hath given you a good King if you do not treat and esteem him as you ought The King which he hath been pleased to bless us with at this time is I may say with great truth the best Prince in the World whom God long preserve and if we honour and obey him as God expects and our duty requires God will not fail to send a good Successor The Peace of the Kingdom is and ought to be the King's Care and it could not be expected that the Duke should have sate still under such an Indignity and if he had the Princes of Christendom to whom he is allied and he is allied to many and the Greatest would have taken up the Quarrel and then our Fields of Peace would have been turned to Fields of Blood Those who read History may find what Miserie 's this Kingdom for many years suffered when the Dispute was between the two Houses of York and Lancaster how many noble Families were destroyed and many thousand of men lost their Lives and if God had not had compassion of this Kingdom and provided an Expedient to unite them the misery of War for ought I know might have continued to this day Wars are not so soon or so easily ended as begun and it is very observable that the neighbour-Princes made it their business to continue that Difference some Prince or other always took part with him who was conquered and so vicissim with him who was down not out of any other consideration than their own Interest that they might keep England imbroiled at home which they knew was the true way to keep Wars and Troubles from their own doors I hope England for the future will never be so unwise as to give them the like advantage Gentlemen The proper business of a Charge is to acquaint you with the Laws and Statutes of this Kingdom their Usefulness and Penalties that I have done heretofore to former Grand Juries but it hath not had so good effect as I could have wished Amongst others I did acquaint them with the Statute of 13. of the King which was made for the preservation of his Majesties Person and Government it did provide against Treason against seditious Preaching and Printing and against setting up Votes of one or both Houses of Parliament to be effectual as Laws But notwithstanding that and other Statutes we find that Persons have been lately accused for Treason defamatory Pamphlets and Libels are sold about the Streets as good merchantable Wares and Votes of the House of Commons printed to give check to Laws Men are grown to a strange boldness and out-do Pasquil in Rome he tells bold Truths but these here wicked and impudent Lyes The sin of Cham and that which clave to his Posterity was that he uncovered his Father's nakedness and the greatest Crime of that Tyrant Nero was that he ript up the Belly of his Mother Gentlemen The King is Pater Patriae and the Common-Wealth is our Mother and he who rips up her Bowels and shews her Weakness or Deformity or abuseth his Father forfeits his very nature and is more wicked then either Cham or Nero until men come to have a sense of Religion and obey for Conscience-sake I shall be hopeless that Laws will prevail and yet I shall adventure to recommend one Statute to you more a Statute not made by Kings Lords and Commons but by their King the King of Kings and it is this Statutum est omnibus semel mori a Statute Gentlemen which was never repealed or ever will be and those who shall be indicted upon this Statute no Ignoramus can prevent their Tryal nor shall the credit of the Evidence be questioned and the Sentence will have speedy Execution Those who shall be found Innocent their Sentence will be Venite Beati but those who will be found Guilty Ite Maledicti a dreadful Sentence that not like the Sentence we have here Go to the place from whence you came and so to the place of Execution and there hang by the Neck until you are Dead Or as we have it by Tradition to be hanged in Chains alive until you are starved to Death These are easy Sentences because a little time determines the pain but this dreadful Sentence of Ite Maledicti sends the Criminal to a place of horrour and darkness where his Meat and Drink will be Fire and Brimstone his Companions such who he durst not look upon when he was in the World Devils and Furies not to make him sport and pastime but to torment him and that which aggravates this punishment is that it is attended with despair never to come out of that place of Torment If this was well considered and laid to heart could a reasonable man be invited by any temptation whatsoever to gratify his ambition or other appetites with those things which will be enjoyed but for a very short time and adventure this Sentence of Ite Maledicti but pray let us consider what to do to avoid this fearful Sentence The Psalmist instructs us he who will ascend the Holy Mountain must have clean hands a pure heart must not lift up his mind to vanity and must not be sworn to deceive his Neighbour he must have clean hands not subject to Bribery or Corruption a pure heart he must design nothing injurious to God his King or his Country he must not lift up his mind to vanity but must lay aside all ambitious thoughts and be contented with the Station where God Almighty hath placed him he must not be sworn to deceive his Neighbour this last is part of the Law of Nature and one of the Precepts of the Moral Law Thou shalt not bear false Witness against thy Neighbour under this Head comes all Perjury Subornation of Perjury Lying Deceit Treachery and Falshood the Psalmist lays before us our Duty at this time and if we perform it justly we may avoid this Sentence of Ite Maledicti Gentlemen we have all sworn you the Juries of Constables to present without favour or affection hatred or malice and you ought to present all those Crimes which are committed within your several Parishes and Precincts against the Laws and Statutes of this Kingdom and you Gentlemen of the Grand Jury are likewise sworn to present without favour or affection hatred or malice and we upon the Bench are sworn to do Justice according to the best of our skill and knowledge we are not only sworn but we have likewise made a Covenant with God to be just according to our Oaths at the end of our Oaths we say so help me God which is as much as to say we desire no help from God in our needs if we do not do that which is just according to our Oaths Now I would