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A51706 Concerning penal laws a discourse, or charge at sessions in the burrough of Bridgewater, 12 July, 1680 / by Sir John Mallet, Kt. ... Mallet, John, Sir, 1622 or 3-1686. 1680 (1680) Wing M338; ESTC R4353 14,666 22

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and have them face to face Except in Cases of dangerous Conspiracies where it may be necessary to keep the Witnesses very secret till the matter be throughly examin'd and the danger prevented But regularly when the Party comes or is brought to Tryal the Witnesses if living ought to be present unless disabled by sickness or being beyond the Seas and in that case the cause of the Witnesses absence ought to be sufficiently proved by Oath and there must be other very clear plain and full Evidence against him or the Tryal to be put off till some other time The doing otherwise would perhaps be mistaken to be in imitation of some Ecclesiastical or Martial Foreign Laws whereof I forbear to say any thing but that I do not know by any positive Law of England the Party when he comes to his Tryal should be denyed to know the Witnesses against him and to have them face to face Now Gentlemen to what concerns your Town and Corporation to which I bear a most true and unfeigned respect and to you all What I am about to say is not out of any design to Ingratiate my self amongst you but because I think what I speak is very true I think you are as happy as any People or Corporation that I know of in the good choice of your Maiors and Aldermen who dwell among you and are your Magistrates in their respective Years and times of Government by their behaving themselves so worthily in their Magistracy that they preserve the good Reputation of your Town and the respect due unto themselves The Articles I shall now mention and recommend to the care and Enquiry of you Gentlemen of this Grand Jury are such matters as are ordinarily to be enquired at any of his Majesties Sessions of the Peace from the highest to the lowest Offences though some of the matters you are to Enquire of are of so high Nature that they are not to be tryed here but at the Assizes and other Courts Yet if you know of any such Offences you must acquaint us therewith and we will take care to transmit the Examinations and Offenders if any be here taken unto those places and Courts where they may have their Tryals and Punishment But for things within the power of this Court to hear and determine if you Indict the Persons and that they may be brought before us we will proceed against them according to the Law in such cases In the first place our Law intends the preservation of the Life and Person of the King Here I must tell you very truly That our King Charles the Second whose Life I pray God long preserve is the life and well-being of this Nation in respect of the Protestant Religion and our safety And I speak sincerely and without any base fawning flattery that I believe by what I have understood by some Honourable and knowing men for I do not frequent the Court yet am not altogether without having had some Opportunities to make my own Observations there that the King of His own self is of an extraordinary good and Gracious Nature a lover of the Protestant Religion and the welfare and happiness of his People And that in His own most Noble Disposition and ingenious readiness of Wit his Affability and natural Goodness he doth far excell all that are about him And I believe he doth therein excell all other Princes And that whatsoever he doth of His own self intend or purpose is meant by Him to be for the good and happiness of his Subjects And he doth infinitely deserve their Love and Duty mixt inseparably with the greatest Humility and most faithful Loyalty that good Subjects can express to a most Gracious King What Treasons are the Statute 25 Ed. 3. doth declare That To compass or Imagine the Death of the King To Levy War against him To Counterfeit his Great Seal or Privy Seal And to Counterfeit his Money To Kill the Lord Chancellor Judges or Justices of Oyer and Terminer being in their places doing their Office Are by that Statute declared to be Treason and to be punisht with Death and Forfeitures as therein mentioned And by a late Statute made in the Thirteenth Year of his Majesties Reign that now is It is Treason during this Kings Life to compass imagine or intend his Death or Destruction Wounding or Imprisonment or to deprive or depose him of his Kingly Name and Crown There are also Treasons by other Statutes 27 Eliz. If any Born within the Kings Dominions be a Jesuit ordained a Priest by the pretended Jurisdiction of Rome and come and remain in any of his Majesties Dominions it is Treason By 23 Eliz. and 3 Jac. It is Treason for any to bring Absolutions or to exercise power to absolve or to withdraw any of the Kings Subjects from their Allegiance and Obedience c. to reconcile them to the See of Rome The knowing of Treason and concealing it is call'd Misprision of Treason and to be punisht with Fine and Imprisonment Concerning Praemunire which I think proper in the next place to acquaint you with You are to know it is no new but a very ancient and necessary care and watchfulness provided by our Laws against the dangerous and encroaching Jurisdiction of the Popes and See of Rome which have always had designs against England our Laws and theirs being Incompatible For from the time of King Edward the third and the Reigns of the succeeding Kings there have been Laws made That if any of the Kings Subjects obtain provision or promotion to Benefices from the See of Rome or if any Appeal from the Kings Courts of Justice to the Court of Rome they shall be Imprisoned during life and forfeit their Lands and Goods and be out of the Kings Protection This is commonly call'd a Praemunire from the Words in the Laws and in the Process concerning it Of later times other Offences have been also very justly put under the same punishment Most of those Offences so to be punisht being concerning the introducing of the Popes pretended Jurisdiction and denying Allegiance to the King The particulars of those Offences being many and long as also other Offences that are Treason by Statutes you may best read the Statutes themselves for the more full knowledge of them and for bringing the Offenders to punishment The like Advice I give you of Looking upon the Statutes when there is any occasion to make Presentment against any Statute as well to avoyd Mistakes as also to save me the Labour and you the Time of mentioning all Offences against our Statutes and Acts of Parliament Concerning Felonies There are Felonies by the Common Law and also by Statutes but I shall not be able at this time to name them all to you and distinguish them severally But tell you that the Punishment and Sentence which the Law pronounceth on Felony is Death Yet in many Cases there is an ordinary Mercy allow'd which is call'd Benefit of Clergy But
CONCERNING PENAL LAWS A DISCOURSE OR CHARGE at SESSIONS In the BURROUGH of BRIDGEWATER 12 July 1680. By Sir JOHN MALLET Kt. Recorder there Part thereof being APOLOGIE for GENTLENESS to Protestant Dissenters LONDON Printed for Thomas Cockeril at the Three Legs in the Poultrey over against the Stocks-Market 1680. ADVERTISEMENT TO THE READER IF it hath been a supposal of some Wise men of late That rather than live where all things were lawful it were better dwell where nothing were lawfull but what 's Commanded Which shall be admitted rather than disputed because neither case of that supposal is ever likely to happen in any Christian Countrey It may perhaps by some be thought a happiness to be debarr'd what was used to be the last Liberty of the Unfortunate to VVish or to Petition by such restraint to reduce Thoughts as well as Obedience which is due to all the Ten Commandments to be confin'd only to the Fifth From the like leave of using supposals may it be lawfull to suppose that If some of those whose holy Function should be to teach men all their Duties both to God and Man had instead of Moses been in the Mount they would have pray'd God what sin soever it would be to think so little of God as to hope he would grant their bold request to give them only that one Command of Obeying Magistrates under the Name of Parents and to leave all other Laws to their own dictating how they would have managed such Power by turning Religion and the VVorship of God into setting up themselves or Adoring and Flattery of Princes under the Name of Gods from the Mode of some and the many Absurdities that would be in Civil matters may be imagined rather than said But if they please to consider the Names Father and Mother there used seem as well a Prophecy as a Law that Princes should be Nursing Fathers of the Church as well of the tender and weak as of the strong Children of it As the best Princes have alwayes accounted it their greatest Glory to become and be call'd Fathers of their Countrey for their Love Protection and well Governing their People by those Lawes which by ancient Usage or prudent Legislation are found to be agreeable and Good thereby Government would be as well Firm and Honourable as also Easie and Pleasant both to Prince and People who would strive to excell each other the first by Princely Condescensions of Love the other by returns of faithful and loving Duty Such certainly would be the Condition of these Kingdoms under the Government of our King who by his Own most Noble Goodness deserves the Character of being the best Prince now living on the Earth if those whose sacred Professions of Religion Law and of giving Councel all which Qualities when well and justly used may be accounted Sacred as it is hoped some of those who are to give Counsel considering Honesty therein is the true way to be Honourable would be so honest in their Advices to his Majesty and their Administrations under him in whatsoever may concern Religion Law Safety and the good both of King and People as to preferre the inseparable common Interest of both before their own or any private advantage All inferior Ministrations would then surely go well or easily be set right if those higher Powers bestow the Influence of their care and good Example on them Amongst other things how low and small soever the ordinary course of Justice may seem there having been some misreports and private Censures of something lately said in a Discourse or Charge at Sessions for a Town therein mentioned concerning the Ancient and yet good way of Tryal by Juries A Friend of our English Laws having a true Copy of what was there said gives it to you which the Author of that Discourse would not else yield to publish He in that Discourse and the Friend who writes this Advertisement might say much more in Commendation of the Common Laws of England above the Civil or any other Celebrated Laws of Church or State or any other place had not the Excellent Preface of the Learned Sir John Davys to his Reports and the Cases there especially that of Premunire in the End of his Book saved the labour of repeating what may be not only necessary for all our Lawyers to know but delightfull for every Gentleman who may think himself concern'd in our English Laws to read there they and the Civilians and our Clergy also if they please may find by what our Ancestors answer'd when a Course of proceeding in Criminal Causes according to the form of the Civil Law was propounded and in another Case when in former Ages an Alteration of the Common Law was endeavour'd how concernedly they express'd their Love to the Laws of England A DISCOURSE OR CHARGE at SESSIONS In the BURROUGH of BRIDGEWATER 12 July 1680. Gentlemen my very good Friends now Return'd and Sworn of the Grand Jury for this Burrough of Bridgewater IT is now many years since by the desires and voluntary free choice of your Corporation I have been your Recorder And according to my duty I have been often present at your Sessions And as it is the Custom of all Courts of Justice and Sessions for one of the Justices in the Counties and for Recorders in their Towns by some discourse to the Grand Juries to say something of the Occasion of their Meeting and some general Recommendation of the Laws of England and to give in Charge the most material Articles to be Enquired and to Exhort the Juries to make Presentments with due care and regard to their Oaths and the Laws as the Cases shall require I have on these former Occasions here spoken my minde truely and freely But as often as it hath been my part to say any thing here or elsewhere in publick I have very seldom used or had the leisure to set down in Writing what I should say Yet now two or three dayes before my coming hither having consider'd some Inconveniencies which of late time have hapned and may happen to my self as well as others by mistakes or misreports to prevent which in what I have to say I have learnt from the care of Ecclesiastical persons and our Clergy in their Discourses at their Visitations as well as their Sermons to write what I have to say and with your leave to read and make use of my Paper in saying to you what I have here written Though since the short time I have had to think of it other occasions have hindred me from dressing this Discourse with any Exactness of Method or Language but instead of being curious it shall be plain and true Gentlemen This hath alwayes been accounted one of the most considerable good Towns of this County in respect of its Scituation Bigness the good Condition of the Inhabitants of it and heretofore and at this present well esteem'd for Trade being one of the best Markets in this County to
which there is a good resort by Land and it hath also a Navigable River which brings Traffick not only for the Profit of the Merchants here and the Countrey hereabouts but paying also considerable Customs and Duties to the Kings Exchequer And as it hath by the Grace and favour of former Kings had Charters whereby it hath very anciently been Incorporated with great Priviledges granted to it so it is for the prayse and commendation of those who have been and are of it that they have behaved themselves so well that those favours have been increased and not diminished The latter Charters having still enlarged your Bounds and Priviledges and from being limited within that part of your Town which was the ancient Burrough they now extend to the large compass of your Parish which is of great Circuit having so many Streets and Hamlets as except the two Cities which give name to the Diocess there is I think but one Town in this County that hath more dwelling Houses than this Whereby may easily be understood the Concernment Interest and Esteem of this good Town And in respect of its Scituation in a very good County of which I would not because our dwellings are in it be thought to speak partially or flatteringly but really I speak my heart and my thoughts of it and what hath been observed and said by others thereof This County of Somerset is one of the best Counties in England for Arable as well as Pasture and abundantly stored with the Noblest kind of Provision this Land hath been famous for Which the Kings Court the great City of London and those who provide Victuals for the Navy well know And I may further truely say for its praise and commendation and affirm it of my own knowledge and observation having lived many years in it and being pretty well acquainted with the Inhabitants of it They are in their several degrees in respect of the goodness of their Natures Understanding and honest Dispositions as good people as in any County of England In Religion they are good Protestants and so few Papists amongst them that I think I may say no County in this Kingdom hath fewer Papists than this And consequently it is a most Loyal County for I will boldly and truly affirm That the Protestant Religion is a Religion of Loyalty My love to my King and Countrey hath caused me to take this occasion of saying this in Vindication of this County from Aspersions of its Loyalty and also to vindicate the sincerity of the Protestant Religion As I have said this of the County in General I now come more particularly to your Town here and our present business Entring into which I must first take notice that when we met here last which was shortly after Easter we of your Corporation gave unanimous testimony of our being good Protestants and Loyal Subjects by receiving the holy Sacrament in your Church on Sunday and the next day in this Hall openly at your Sessions by our Oaths and Subscriptions And then all things were so well amongst you all that your Grand Jury of that Sessions by their Enquiry on their Oaths did not know any thing amiss of any moment to be presented that I can remember Whether there were any smaller matter of private Nuisance or Trespass then presented I know not but if there were I suppose it will appear by the Records and Books of that Sessions which being so lately and things well then I hope they so continue especially in respect of the greatest matters If any thing be amiss it will be your part to make presentment thereof as you shall find Cause and this Court will do right accordingly And as I am your Recorder it is my part to give you some directions therein But here I must by your favour take leave First to say something of my self yet without Vanity for I do not love Boasting though now it seem somewhat necessary for me to say what I thank God I can most truly say That in the long time I have had this Relation to your Town and the longer time whilest I had the honour to be one of his Majesties Justices of the Peace of this County which was from the first time his Majesty Commissioned any for I never would have nor had or acted by any other Commission than the Kings I alwayes made it my care so to behave my self therein that no man hath hitherto charged me or can have any cause that I know of to charge me with doing any Injustice or Oppression or of taking any Bribe whatsoever or doing any thing that would be a Scandal or Shame to Justice If I have done any such thing I desire any one to bear Witness against me openly I am not Ignorant that something hath been reported as a seeming Reflexion That I have not been severe enough against those of his Majesties Protestant Subjects who are commonly called Dissenters in Church matters Of which I have this to say That I do not Justifie any Disobedience of any persons to the Laws neither by my own Example or Encouragement For it is well known that I and all my Family have ever constantly resorted to the Church and come thither at the very beginning and often times before the Common-Prayer and Service begin there and continue there all the while and this not out of a formal but I hope with hearty Reverence And I can boldly say that in two Parishes where I am most concern'd by having long time dwelt in a Parish in the West part of this County and of late years in another Parish in the East part of it my Example in those places and the Neighbourhood and Gentle discoursing to perswade them to come to Church hath brought I think all of those Parishes to the Church I am sure most of them come more constantly thither considering the proportionable largeness of those Parishes than in other places where Severities have been used And I will with your leave make this further Observation which hath been a common Note That it frequently happens that those who are for the more rigid Compulsion of others oftentimes fail themselves they or some of their Families being commonly absent from Church But I am not ashamed or afraid to say That I do own my Tenderness to others hath been not only of a Kindness which I think is natural to most English Gentlemen but of a charitable belief that most part of those who are called Dissenters do hold the same true Doctrine and Principles of Religion with what is contained in the Articles of the Doctrine of the Church of England which do all of them agree with the Holy Scriptures and the true Doctrine of all sound and Orthodox Protestants And of the Loyalty and peaceableness of such Protestans I think no body hath cause to doubt but rather to pity their Tenderness and by Gentleness seek to win them to comply in the smaller matters of outward Conformity and