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A55944 The proceedings at the Sessions of the Peace held at Hicks-Hall, for the county of Middlesex, Decemb. 5, 1681 with His Majesties two orders, and Sir William Smith's speech to the grand jury concerning putting the laws in execution against Popish recusants and conventicles, together with his discourse upon the statute of the 3d. of Hen. 8. (herewith printed) concerning the power of the justices of the peace to impannel juries. 1682 (1682) Wing P3567; ESTC R6287 9,048 12

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Sheriff ever refused to alter the Pannel when the Court directed it until of late It hath been always done I my self with divers other Gentlemen by the direction of the Judge have gone off the Bench to serve upon the Grand Jury although we have not been returned and our Names put into the Pannel in the Court If it should not be in the power of a Court to do this farewel the Security and Liberty of the People of England But we in this County are yet in a worse condition than any other we cannot say we have a Sheriff The Bench last Sessions desired the Sheriffs company and assistance to do that Right which belongs to that Office they refused and sent word by Mr. Recorder that they were obliged to attend the Lord Mayor and could not stir out of the City If this be so what a melancholy posture is this County in where there are so many of the Nobility and Gentry and where for the most part the King himself resides with his whole Court If there should be a Tumult or Rebellion who could raise the Posse Comitatus to suppress it As sometime since there was in Naples where the Persons Houses and Estates of the Inhabitants were subject to the Rage and Violence of the meanest of the People Very ill Masters I hope both you and we shall consider this and since we can have no other relief more closely apply our selves to those legal ways and means which may prevent Riots and Tumults We have a common Enemy the Papists which notwithstanding all the Care which hath been taken we are informed still swarm about this part of the Town His Majesty hath been pleased to send Order to us about them which we shall communicate to you Mr. Clerk of the Peace pray read the Orders of the King in Council which were read viz. At the Council-Chamber VVHITEHALL the 5th of October 1681. Present His Highness Prince Rupert Lord Archibishop of Canterbury Lord Privy Seal Earl of Bathe Earl of Craven Viscount Fauconberg Lord Bishop of London Mr. Secretary Jenkins VVHereas there was this day presented at the Board a List of the Names of several Tradesmen who are Papists residing in the Parishes of St. Martins in the Fields St. Giles in the Fields St. Pauls Covent-Garden and places adjacent contrary to the Laws of this Kingdom and his Majesties Proclamations for reinforcing the same It was thereupon Ordered by their Lordships That the said List be forthwith sent to his Majesties Justices of the Peace for the County of Middlesex and the City and Liberties of Westminster who at this present Sessions of Peace are to proceed against the said Popish Tradesmen according to Law and to give the Board an account of what they shall do thereupon John Nicholas At the Court at VVHITEHALL this 11th day of November 1681. By the Kings most excellent Majesty and the Lords of his Majesties Honourable Privy-Council IT was this day Ordered by his Majesty in Council that the Justices of Peace of Middlesex and the City and Liberties of Westminster do give an account as soon as conveniently may be to this Board of their proceedings in pursuance of an Order of Council heretofore transmitted to them together with a List of several Papists who inhabit and keep Shops and exercise Trades hereabouts contrary to Law Francis Gwyn Gentlemen You see what Care the King and Council take of us I hope we shall take some Care of our selves The Papists are our known and common Enemy and watch all opportunities to disturb the Peace of this Kingdom pray be industrious to find them out and present them that they may be dealt with according to Law Gentlemen At the Command of the Bench I have as well as I can delivered you their Sence and Commands and my own Opinion who God Almighty knows have no other design than the Safety and Honour of the King the Preservation of the true Protestant Religion as it is established by Law in the Church of England and the Peace and Prosperity of the Kingdom in the preservation of their Liberties and Properties I doubt not but you and all men will joyn with us to these Ends which cannot be effected unless these Conventicles which add presumption to our Enemies be laid aside and the King who by his Power is to preserve us be with due Reverence obeyed and kindly assisted by us Gentlemen of the Bench I am but your Servant and I hope I have spoke your Sence to which the Court unanimously agreed Note That the Justices observing a person in Court to write sent for him to see what he writ which was in Short-hand They commanded him to transcribe in length which being read to them they finding it to be truely took declared it their Sence and ordered it to be printed and published to the intent the whole Kingdom may see their Opinion Per Cur. Adderley
Quarrels no nor Fears or Jealousies which are the Devils Engines to Batter down the Peace of the World But the Devil that subtil Adversary of Mankind was too hard for poor Man he put a mist before his eyes made him forget his Maker neglect yhis Duty to his Parents and filled him full of Ambition and unruly Appetites by which the World was grown to that height of Wickedness that God swept them away by an universal Deluge and only left Noah and his Family to replenish it by whose Instructions and good example the Law of Nature revived and for some time duely executed amongst men but at last the Devil that subtil Serpent crept into the Hearts of men and stifled the Law of Nature and brought the World into the old State of Ambition Violence Rapine and all manner of Oppression Yet infinite Goodness had still Compassion for man and that that Law might be better seen and regarded was pleased to write it in two Tables with his own Finger This did prevail a while in the time of Moses and Joshua and some of the Judges only now and then the Devil would put in for his share in the time of Moses who was a very meek Prince and governed the Israelites by God's immediate Direction the Devil had filled Corah full of Ambition which hurried him into a Rebellion that cost him his Life He confederated with some of the Princes and People and gathered themselves together against Moses and Aaron and said You take too much upon you seeing all the Congregation is Holy and the Lord is amongst them wherefore then life you up your selves above the Congregation This Rebellion you may observe as all other Rebellions almost that I have heard of began upon pretence of Religion and Liberty The Congregation is Holy and why lift you up your selves Soveraignty is the design and Godliness the Pretence and the People and easily taken in a snare for the appeal is usually made to them that pleaseth and cheats them of their Loyalty Excellent Arbiters in Matters relating to Government who the Crafty and Disloyal make use of but the Wife and Prudent never trust The Israelites as I told you lived in great observance to this Law until they were corrupted by the Canaanites and imbraced their senceless Idols instead of the Ever-living God who suffered the World to remain in sin and darkness for many years At last God had compassion upon Man made one Essay more to try if he could reclaim him and sent his only Son not only to save but likewise to instruct and by his Precepts to restore that Law which man had lost If you observe the Doctrine of our Blessed Saviour it is no other than to explain and enforce the Practice of the Law of Nature The Religion in our Saviour's dayes was to be obedient to Princes to do Justice love Merey and walk humbly before God To visit the Fatherless and Widdows in their affliction and live unspotted from the World His Precepts were Humility Meekness Patience Temperance Brotherly-kindness and Charity and to do as we would be done unto and all this is but the Law of Nature I have read the Laws of other Countries as well as our own and to my understanding their Laws are no other than the Law of Nature drawn out in length with an Addition of Penalties to the Prohibitions for the better enforcing Man's Duty and Obedience And because this excellent Law should not again be lost he was pleased to put it into a way of Practice as the best means to preserve it He chose Twelve Apostles who after Christ left the World were inspired by the Holy Spirit and great power given unto them Then for the better and more sure establishing of the Religion which their Master had taught them sent Overseers which they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Bishops to several Parts and Places to propagate that Religion and establish God's Church But we do not find that these Bishops had any Superintendency or Supremacy one over another and therefore it is to be admired from whence the Bishop of Rome derives his Supremacy and with so much confidence justifie it There is as little ground for his pretended Infallibility for was not St. Peter himself reproved which he would not have been if he had been infallible Upon these two Pillars of Supremacy and Infallibility the Romish Church is chiefly built a very weak Foundation upon which it is to be wondred that any wise or learned man can build his Faith These Bishops in their several Places and Churches appointed Methods for the decency of Divine Worship and this Church-Government by Bishops is brought down to us of England by a continued Succession and these Methods which are called Ceremonies and the Liturgy of our Church which comprehends the Government of it is not only directed by the Bishops but hath the Sanction of a Parliament so that it hath the Consent and Agreement both of the King and People Which when I have seriously thought upon raiseth my admiration how any man can think himself hardly dealt with when he is required to comply with that to which he hath before agreed or that he should think it reasonable that separate Assemblies or publick Conventicles should be permitted in opposition to the said established Government I cannot understand it otherwise but that those persons who frequent these Conventicles and give themselves up to be ruled and directed by their Teachers allow those Teachers both Infallibility and Supremacy and not only so but also a Legislative Power to make what Orders they think fit which is to make a Prince and a Pope in every Congregation These publick Conventicles and separate Congregations well considered will appear yet more unreasonable for they weaken the Interest both of Church and State The Romish Church is an united Body and not to be withstood but by another united Body where there is strength and truth which must be the Church of England which certainly comes the nearest to the Apostolick and Primitive Institution of Church-Government of any Church in the World and if the People were united and reconciled to this true Protestant Church it was not possible that Popery should prevail here Our Divisions give boldness to that common Enemy to make Attempts upon us Besides these publick Conventicles which proclaim our Divisions to the World at the same time discover our weakness and must cause a potent neighbour-Prince to cast his Eye upon us who will not want the Suggestions of Ambition and Interest to try his Fortune here and if he should what can withstand him we being thus divided The Luxury and Security of Asia gave Alexander the great hopes of Conquest he went thither with 40000 men well disciplin'd and in order Darius met him with ten times the number but they consisted of many Nations not well united nor ordered as they ought to have been This small Army found little resistance from that great