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A64478 A discourse concerning the basis and original of government with the absolute and indispensable necessity of it : wherein the excellency of monarchy above any other kind is evidently demonstrated : as it was delivered by way of charge to the grand-jury, at a quarter-sessions of the peace held at Ipswich in the county of Suffolk / by F.T., Esq., one of His Majesty's justices of the peace for the said county. Theobald, Francis, Sir, d. 1670.; Thynne, Francis, 1545?-1608. 1667 (1667) Wing T849; ESTC R10094 25,159 44

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Divine Plato saith God doth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which he meant in this sense because The Geometrical proportion was more agreeable suitable to Regal Power because this makes no Confusion of all-together but giveth unto every one according to his desert and worthiness whereas the other viz. Arithmetical proportion giveth equally unto all according to number and therefore it was that Lycurgus chased out of Lacedemon Arithmetical proportion as a popular thing turbulent and apt to make Commotions Secondly Nature shews it The Image of this Government is to be seen in Sensitive and Inanimate Creatures there are in them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Philosopher calls them some faint adumbrations and resemblances of this Polity as for Example There is but one Sun in the Firmament Among Birds the Eagle hath the Supremacy and therefore because of his Dominion and Soveraign'ty over other Birds you will find in Scripture Kings are compared with it particularly the King of Babylon is shadowed out under the similitude of a Great Eagle Among Beasts the Lyon is Lord Paramount if you dive into the Sea there you will see a King of Fishes In the Common-wealth of the Bees there is one that is the King In the Microcosm of Man you may observe the same thing Several Members do their homage and service to one Body the several Senses of the body are governed by one Mind and one Reason moderates all the various and manifold Affections of the mind Thirdly Art which imitates Nature doth affect this political frame In a Family you know there is but one Master in an Army but one General in a Ship but one Governour And so One King amongst the people Last of all Experience doth irrefutably evince the truth of this Assertion Consult all Authors that are most skilful in Politicks and they will all tell you that Monarchy doth excel all other Governments To begin with Homer doth not he say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hear what Aristotle speaks that Lynceus of all political Science 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Monarchy saith he is to be preferred as the most Divine Government and to name no more although I could heap up infinite testimonies in this kind take in the last place that lofty Athenian Poet Euripides doth not he sing to the same Tune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Two Governours saith he cannot stand together in one Kingdome for it would be an occasion of Sedition and Commotion But why do I spend time in giving you proofs in this kind when Holy Writ it self doth so pregnantly conclude the same thing You read Judg. 21 In those dayes there was no King in Israel and what follows Every one aid what was right in his own eyes Observe the words for they are very Emphatical It is not said There was no Government in those dayes but they wanted Monarchy the most excellent Government and this was the cause of all disorder both in Church and State for the words without any streining will bear that Construction viz. Every one did what was right in his own eyes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the Arabick Translation renders it that is Quod libebat Every man did what he list Mary may some say there was a brave time indeed that was a great privilege For a man to be sui Juris to act without control Alas that which you call priviledg is a great and sad Judgment as you may see by comparing this place with the 78 Psalm where it is said God gave them their own desires speaking of the people of Israel and what followed In the 31 Verse you shall find that The Wrath of God came upon them and slew them Such a Liberty as this for a Man to have his full Swinge in a Licentious Course is worse than bondage for the greatest freedom in the World is to be able to do nothing but what we should do Again the Tryal that hath been made of other Governments both abroad and at home will abundantly commend the excellency of this above any other for Contraria juxta se posita magis eluc●s●unt is a Rule in Logick Contraries do best appear when most directly opposed Travel into the Roman Empire and you will find it verified there The Romans when they shook off their Government by Kings History testifies they had so many Changes that in the space of 600 years they tryed all forms and kinds of Government in the world Of Two by their Consuls of Three by their Triumvirate of ten thousand by their Tribunes But when they found that the further off they departed from Monarchy they lost themselves and were involved still in greater mischiefs and dissentions at last they set up One pro unâ vice unoque anno These were their Dictators and in time they grew to be Perpetual which Perpetuity begat Monarchy But what need we travel so far when we here in this Nation have had such sad and woful experience of the truth thereof in our late miserable confused Anarchy when that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Plato calls the unruly Multitude The many headed Hydra did reign shall I say or rather rage when like the great Leviathan it played his pranks among us Truly did that Glorious Martyr of ever-blessed memory K. Charles the first prophesy concerning this Government in that incomparable Treatise of his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As it makes a shew saith he to the People to have more eyes to sorcsee so they will find it hath more mouths too which must be satisfied and at best is rather a monstrosity than any thing of perfection beyond that of right Monarchy where Counsell may be in many as the Senses but the supreme power can be but in one as the Head But I shall not need to labour in such a plain thing which carries its Evidence with it You have heard We have Monarchy the most excellent Government Now Gentlemen give me leave to tell you as a further degree of our happiness That the best kind of Monarchy obtaineth in this Kingdome Bear with me a little if I be too long in these things I shall be very short in the other part of the Charge touching your Enquiries But I would fain speak something to this Point because it may be of no little use to you and others to establish them in an obediential frame of Spirit For as it is in Religious matters so it holds in Political too that one which is not well grounded in the Fundamentals of polity and government will quickly fall away and become a Rebel to his King as he that is not well rooted and instructed in the first Principles and grounds of Religion will prove an Apostate and fall away from the Truth which he prefessed We have I say absolute Monarchy and herein we differ from the Lacedemonian-Kings who were subject to their Ephori which had a power above them No Oursagrees with the Persian-Government for their King had plenary power in all things not
of the fruit thereof unless the Magistrate plucks it for us and hands it out to us Gentlemen by what I have said you may perceive the necessity of the Laws Execution and oh that you would be perswaded to Contribute towards its necessity Oh that we would all in our several Spheres resolve to lay out our diligent endevours for the effectual Carrying on of this laudable and excellent work You may be sure it will quit Cost for we shall have plentiful Comings in it is that which you and we are called to this day let us jointly bend our forces this way It is reported of the Serpent Amphisbena that it hath an head at either end neither of which can move without the Consent of the other and if they strive they tear the body in pieces How true this is I know not but I am sure it is so with us who are the Ministers of Justice in reference to the Law That can never be practicated and drawn out into use unless we that are Commissionated for the Keeping the Peace and you Jury-men and other subordinate Officers of the Court in our several Orbs do concurr and conspire for the promoting the ends thereof If there should be any Contention among us so as one should draw this way another that way there would be an Obstruction of the Streams of Justice so as they would never run freely to our refreshment and then that great Voluminous body of the Law had as good be torn in pieces for any benefit we shall have by it It will be with us in this Case as it was with those two Pitchers floating upon the water which the States of the Vnited-Provinces upon some difference between them and our Nation gave for their Impress with this Motto Si collidimur frangimur If we once fall a dashing we shall all fall in pieces Gentlemen You ought to lead the way in this business you being the Primum Mobile in it you are our Eyes and Ears and the Countries Mouth we know nothing but what you present and the Country whose Representatives you are relye upon you for the discovery of their Grievances If things amiss be not reformed you may thank your selves for it if you would have your Diseases Cured discover them You I say must lead the way and not stand off to see who will begin first as the fashion of some is that is a piece of ill-placed good manners Even as the Rats in the Fable they all agreed it was fit the Cat should have a Bell about her Neck that they might have warning of their Enemies Coming but the Demur was Who should put it on and none would do that The Ravish'd Virgin under the Law Deut. 22. was to Cry out So your Office is to Enquire and to present Offences and if you conceal them your Silence in this kind is a Crying-Sin You are so many political Chirurgions and your duty is to launce the publick Sores of the Country and to search the depth of those wounds that the Corrupt manners of Licentious men have made in the Body Politick by the Probe of your Inquisition and to lay them open and therefore me-thinks Your Name is sitly adapted to your Employment You being called The Grand Inquest But Gentlemen I shall now deal more particularly with you and give you some Directions that you may Steer your Course aright in the Business you are Embarqued in In the first place You must be Careful to present Nothing but what you know for a Rumor or Hear-say is not a ground sufficient for your Presentment As God said in the Destroying of Sodom so should ye say I will go down and see And again You ought to Present all you know you must avoid Partiality and not be like the Badger that naturally halts on the one side unless the Ground be rising to its advantage neither Fear should drive you nor Love draw you so as to swerve from Truth and Right You must deal Impartially with all Offenders Spare not any though never so much your Friends and make never such large Proffers to Bribe your Judgment Admit no Parley with them but as the Poets fable Vlysses to have stopp'd his Ears at the Enchanting Voyces of the Syrens So be ye as the Deaf Adder to such Charmers Be not Consenting and Complying with any Offender lest you bring Guilt upon your selves It was the Speech of an Advocate to a Judge in Germany who was very much aggravating the fault of a Murderer that had killed Six men No my Lord saith he he hath killed but one you are Guilty of the Blood of the other Five because you let him escape upon the first Murder Spare no Malefactor I say for Clemency in that kind will Commence per saltum and take its Degree at last in Cruelty to the Innocent Person according to that Italian Proverb Perdonando troppo à chi falla si fa ingiuria a chi non falla By pardoning too much the Offender there is an Injury offered them who offend not at all Let not the Bows of your Compassion yearn towards any obstinate Offender for there is no more pity to be taken of such a one than to see a Goose go bare-foot In this Case you must 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Hierocles upon Pythagoras Golden Verses hath it Be like the Physician who is wont to Cure Malignant Ulcers with Sections and Caustick Medicaments The Physicia● putridis non parcit carnibus non parcit ut parcat crudelis est ut misereatur As St. Hierome saith But Gentlemen I look upon you as Knowing and Conscientious Men and such as are well acquainted with the serious Nature of your Employment and so shall not need to Enlarge further upon this Momtory Subject Therefore I shall now come briefly to the particular matters of your Enquiry which I shall rank under two Heads Namely offences against the Church and Offences against the State First therefore To begin with Offences against the Church those that Concern Religion because the Civil Society is subordinate to the Religious the Religious Society or the Church being far more Excellent and Worthy than any Civil Society for therefore it is That Men live together in Order and be Governed by Magistrates and Laws to the end they may the better perform Acts of Religion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Suidas saith The first thing that is provided for by Law amongst all Men is the Worship of God And Gent. You cannot be ignorant that Order is an Essential Ingredient in God's Worship for the Welfare and Happiness of the Church as well as the State Consists in Order The Church is made up of many persons and without Order they could not meet together but they would justle one another and there would ●rise many Contentions One would say I am of Paul another I am of Apollo a third I am of Cephas that is of Peter for it is Nomen Hebraeo-Syrum and signifies so Nay it
them all for I conceive that to be uunecessary being ye hear them repeated every Sessions and besides you may find them almost in every Printed Justice of Peace Book I shall only therefore name some of the most notorious and principal Offences First If you know any person Man or Woman above the Age of Sixteen years not having some lawful Excuse that do not come to Church or Chappel upon every Sunday to hear Divine Service you are to present the Offence and the time how long they have absented themselves You ought to have an especial care to discover such that a Mark may be set upon them as upon Cain who is said to goe out from the presence of the Lord Gen. 4. 16. that is he turned his Back upon the Church of God the Place in which his Parents Worshipped God called the Presence of the Lord because God in an especial manner is present there Such stragling Sheep as these it is necessary the Law as the Shepherd's Dog should take hold of them and bite them which may be a means to reduce them and gather them into one Sheepfold You are to make Enquiry if any have blasphemed the Name of God by Swearing If any shall Profane the Sabbath-day you are to present such and there are two sorts of Persons that are guilty of this Offence either such as use unnecessary labour as Pedlers Carriers Hucksters c. Let such know that if they neglect to sanctifie God on that Day God will be sanctified upon them by his Justice He that did but gather Sticks on the Sabbath-day paid soundly for it he heard of his fault on both his Ears and because he rested not from his labour on that day was arrested by a multitude of Stones which flew like Bees about him and rounding him in the Ear brought the sad message of Death to him Another sort of Men you have that are so far from the Religious Observation of the Sabbath that they make a sport of it they devote themselves to all kind of Pleasure and Harmless Recreations as they very mannerly term Bowling Dancing Wrestling I had almost said Cards and Dice too They do indeed call the Sabbath a Delight as the Phrase is in the Prophet Isaiah but in the same sense the Jews take it who spend the day in Mirth and Jollity put on the richest and costliest Clothes they have eat freely of all variety of Dainties wherewith their Tables are richly deck'd and in a word use all things that make for the delight of the Body So these men they are wholly immers'd in Carnal Sensual Pleasures and make no more use of that day than the Leviathan doth of the Sea only to take their pastime therein You shall present c. But I shall say no more concerning Religion and matters of the Church but shall come briefly to Offences against the State And herein first of those that are Committed against the King and then of those Committed against the King's People First As to the King If any one have Conspired against the Life of the King 's or Queens Majesty or of their Eldest Son and Heir the very Compassing and Imagination thereof is High Treason if it can be proved by any Overt Act. But all Matters of Treason are only Inquirable here but not Punishable Secondly If there be any that Revile the King and speak Contemptuously of him or use any Invectives against him or his Government you are to present them This is a greater Offence than People are aware of St. Peter tells us That such as despise Dominion and speak evil of Dignities are in an especial manner reserved to Judgment We read in the Epistle of Jude That Michael the Archangel when he Contended with the Divel did not bring a railing Accusation against him he did not revile him no not in the heat of dispute But some Men are so impudently vile as to revile the Gods I mean Kings whom Truth himself calls Gods for Elohim in Scripture which is Translated God is an Equivocal Word and is Competible both to Angels and Governours as well as God Next As to those Offences which concern the King's People they are of two sorts either such as Concern their Life or Secondly such as Concern their Estate and Possessions First As to Life And the highest Offence against that is Petty Treason which is where one is killed unto whom the Offender did owe Obedience as The Servant to the Master The Wife to the Husband The Clerk to the Prelate The second Degree as to Life is Murder and Homicide The Spilling of Blood Gent. is an Offence of a Scarlet die a Crying Sin and you ought to take especial Care of finding it out There are a sort of Ruffians Roaring Blades Gallants they would Christen themselves that make nothing of Stabbing and Killing for every petty Conceived Affront it may be for giving the Lye for taking the right Hand or the Wall of them or not pledging a Carouse or Health which is to be drunk by a stated Measure and Proportion as those that make Profession of Skill in the Harmony of Bacchus know full well but Novum genus hoc mensurae ubi nullus est mensurae modus as St. Basil saith This is a new kind of Measure where no Measure is kept Such fiery hot Spirits as these or as they are commonly called Sparks ought to be quenched lest the whole Country be set in a Combustion Blood-shed with them is held but the Cognizance of noble Resolution The Clipping of the King's Coyne is more odious and dangerous in their Accompt than the Destroying of God's Image The Second Sort of Offences against the King's People are such as Concern Mens Possessions and Estates And here you are to Enquire of all Burglaries Robberies Cutting of Purses and generally of all other Stealths This Offence of Stealing is grown so Epidemical that those Harpies which use it seem to plead Prescription for it and are ready to Count it a lawful Calling Luther tells of a Thief at Wittemberg that had Continued his Stealing Sixty years and being apprehended in the Fact was asked by the Maior How it went He answered As I drive so it goeth Some Persons have Contracted such an Habit by the frequent Repetition of Thievish Acts that they never leave their Stealing till it hath brought them to the Gallows whereas did they meet with a Check at first it might prevent their fatal Over-throw although it were but some slight punishment that was Inflicted upon them as that Conceited one was that I have read of which was after this manner The Delinquent had a Coller of Iron clapp'd close about his Neck which was riveled so fast with an Iron Pin that it could not possibly be taken off and a little Bell was hanging thereat to the end that the ringing thereof as often as he did stir or move might give the People warning to take heed of him You shall Enquire c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosth. Orat. pro C●●siph FINIS * It being a very dark day and the sua not appearing all day