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.
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, [...]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 Ʋipers 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 'tis 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 [Page 3] 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; 'tis 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 [Page 4] 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 tremb [...]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 pen [...]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-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 supp [...]est, to how desperate an Issue, this may [Page 5] grow, I'le leave to your better judgments. My humb [...]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 [...]t.