Selected quad for the lemma: justice_n
Text snippets containing the quad
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A93383
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An honourable and worthy speech: spoken in the high court of Parliament by Mr. Smith of the Middle-Temple October 28. 1641. Concerning the regulating of the Kings Majesties prerogative and the liberties of the subjects. With a motion for the speedy redresse of all greevances under which the church and state doth lye.
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Smith, Philip, d. 1664.
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1641
(1641)
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Wing S4143; Thomason E199_8; ESTC R17369
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2,675
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8
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AN HONOURABLE AND WORTHY SPEECH SPOKEN IN THE HIGH COVRT OF PARLIAMENT By Mr. SMITH of the Middle-Temple October 28. 1641. Concerning the Regulating of the Kings Majesties Prerogative and the Liberties of the Subjects With a Motion for the speedy Redresse of all Greevances under which the Church and State doth lye LONDON Printed by Barnard Al … MDCXLI An Honorable SPEECH Spoken in the High Court of Parliament October 28. 1641. by Mr. Smith of the Middle-Temple Mr. SPEAKER THE last time we assembled wee sate like a Colledge of Physitians upon the life death of three great Patients whose bleeding hearts lay prostrate before us were arrived at that criticall minute either to receive reliefe or eternall destruction The 3 fortunate Nations were presented to us in all their distractions and growne to such a superlative in their miseries that like Nursing Mothers bereaved of their tender Infants they were carelesse of what might happen to them â—uia perdiderant libertates These 3 Kingdomes whose peace and amity filled the remaining world with envy and emulation were like that happy Trinity of Faith Hope and Charity in a perfect union had but now their swords edg'd to each others confusion O scelus hominum height of impiety KAI SV TEKNON Said Caesar in the Senate t' was not his death that griev'd him but that his Son should advance his hand to his slaughter How many Sons and Neroes had we whose earnest indeav-ours were to rip up their Mothers wombe and like Vipers eate through her bowels and to lay desolate their Fathers House Quis talia fando Temperets a lachrimis And yet all this had bin but a Prologue to our Tragedy had not God Almighty pleased to interpose his hand and to have bin a pillar of fire betwixt us and our Captivity and to have wrought our Deliverance by his Great Instrument the Parliament whose constant Labour it hath bin for this yeare past to create a true understanding firme peace between the Nations which I hope is so accomplish't that 't is not in the power of the Divell or all his works ever to dissolve it This I say was the worke of our last sitting Give me leave Sir I beseech you to deliver what I conceive convenient to be of this To give God his due to establish Rights betweene King and People and to compose things amongst our selves that we may give God his due we must advance his worship and compell Obedience to his Commands wherein he hath beene so much neglected Honour and Riches have bin set up for gods in competition with him Idolatry and Superstition have bin introduced even into his House the Church and He expulsed his name hath bin blasphemed and his day prophaned by the Authority of that unlawfull Booke of Sports and those who would not tremble thus to dishonour God would not scruple to doe it to their Parents or injure their Neighbors eyther by murther of themselves or names or by Adultery Davids great Crimes they have not onely rob'd God of his Honour but men of their Estates and of part of themselves Members and Eares have bin set to sale even to the deforming of that Creature whom God had honoured with his owne Image that they might colour this their wickednesse Perjury and false Testimony have bin more frequent with them then their prayers and all this proceeded out of an inordinate desire of that which was their Neighbors And thus God in all his Commandements hath bin abused Can we then wonder at his judgments or think he could do lesse to right himselfe upon such a Rebellious People then he hath I beseech you Sir let us doe something to seale him in his Throne and worship all with one mind and not that every one should goe to God a way by himselfe this uncertainty staggers the unresolved soule leades it into such a Labyrinth that not knowing where to fix for feare of Erring sticks to no way so dyes ere it performes that for which t' was made to live uniformity in his Worship is that which pleaseth him and if we will thus serve him we may expect protection from him The next thing that I conceive fit to be considered is to cause the Rights both of the King and People truely to be understood and in this to give that Authority to the Prerogative which Legally it hath and to uphold the Subjects Liberty from being minc't into Servitude That the King should have a Prerogative is necessary for his Houour it differences him from His People but if it swels too high and makes an Inundation upon his Subjects Liberty 't is no longer then to be stiled by that Name The Priviledge of the Subject is likewise for his Majesties high Honour King David gloried in the number of his People and Queene Elizabeth delivered in a Speech in Parliament that the greatnesse of a Prince consisted in the Riches of his Subjects intimating that then they stood like lofty Cedars about him to defend him from the stormes of the world and there were ample Demonstrations of that in that renowned Queenes Reigne but what Incouragement can they have eyther to increase their Numbers or Estates unlesse they may have Protection both for themselves and Estates Therefore the Priviledge and Greatnesse of the Subjects are relatively for the Honour of the Prince Prerogative and Liberty are both necessary to this Kingdome and like the Sunne and Moone give a lustre to this benighted Nation so long as they walke at their equall distances but when one of them shall venture into the others Orbe like those Planets in conjunction they then cause a deeper Eclipse What shall be the compasse then by which these two must steere Why nothing but the same by which they are The Law which if it might runne in the free current of its purity without being poysoned by the venemous spirits of ill-affected Dispositions would so fix the King to his Crown that it would make him stand like a Star in the Firmament for the Neighbor-world to behold and trembâ—e at That they may be the better acted I shall humbly desire that after so many times that great Charter the Light of the LAW may be reviewed the Liberty of the Subject explained and be once more confirmed and penâ—lties imposed on the breakers and let him dye unto the bargaine that dares attempt the Act. The last thing that falls into consideration is to set things right amongst our selves the Subjects of England And in this so to provide that the Maecenasses of the Times may not like great Jacks in a poole devour their Inferiours and make Poverty a Pavement for themselves to trample on This hath bin a burthen we have long groaned under for if a great one did but say the word it was sufficient to evict my right even from my owne inheritance They had both Law and Justice so in a string that they could command them with a nod And thus People have been disinherited of their common right the Law which is as due to them as the Ayre they breath in On the other side we must take care that the common-Common-people may not carve themselves out Justice by their Multitudes Of this we have too frequent experience by their breaking downe Inclosures and by raising other tumults to as ill purposes Which if they be not suddenly suppâ—est to how desperate an Issue this may grow I 'le leave to your better judgments My humbâ—e motion therefore is that an intimation may goe forth unto the Countrey to wish those that are injured to resort to Courts of Law And if there they faile of Justice in Parliament they may be confident to receive â—t