The Lord DELAMERE's SPEECH TO THE Grand Jury at CHESTER, APRIL 13. 1692.   

THE SPEECH OF THE RIGHT HONOURABLE HENRY Earl of WARRINGTON, Lord Delamere, TO THE Grand Jury at Chester. APRIL 13. 1692.  
LONDON; Printed for Richard Baldwin, near the Oxford-Arms in Warwick-Lane. 1692.   

THE SPEECH OF THE RIGHT HONOURABLE HENRY Earl of WARRINGTON, etc.  
Gentlemen of the Jury,  
THE Preservation of the Public Peace, is the Occasion that hath called us together at this time; in which no man can be remiss or negligent, when he considers, that his particular Interest, as well as his Duty, doth indispensably oblige him to do what in him lies to support it. In order to this, that which is now more especially expected from us at this time, is,  
1. To Inquire into the Neglects of those in whom the Law hath reposed any Trust: And,  
2. To discover those who have broken or violated the Laws; that such Criminals may be brought to condign Punishment.  
And since the Execution of the Laws is our proper business; and that the Laws should have their course is absolutely necessary to the Being of the Government; therefore it may not be impertinent (as I conceive) at this time, to say something of the Nature of Government, and particularly of our own Constitution; or rather, it seems necessary to take all occasions to explain it, considering what variety of Opinions there are amongst us, of that which is, or aught to be, the Supreme Authority or Power in England.  
Many Wise and Learned men have written of the Nature of Government, and given excellent Definitions of it; but of all others, the Learned Aquinas seems to me to have done it in the fewest and plainest words; says he, It is a rational Ordinance for the Advancing of the Public Good. And next to him is Plato, whose words are these; Government, or Law, says he, is to Preserve the huge and indigested Lump of a Multitude; and to bring all Disorder into Proportion, so as to become a Harmony.  
Several others have spoken to the same purpose, which I omit, because I will be as little tedious as I can: But two things are observable from hence.  
1. That Order and Peace is, or aught to be, the end of every Government.  
2. That in every Government there is some particular Principle that runs through the whole Scheme of that Constitution; and as that Principle is followed or neglected, so accordingly it goes well or ill with the Public; that is, When those who are entrusted with the Executive Power, do pursue that Principle, every thing moves regularly, and the Government is firm and stable; but when they steer by any other Measures, the State doth unavoidaby fall into Disorders and Convulsions: So that whoever he be that is placed at the Head of the Government, if he desires to have the Hearts and Prayers of his People whilst he lives, and that After-Ages shall bless his Memory, it is necessary.  
1. That, in general, he resolve to Govern well: And  
2. Throughly and rightly to apprise himself of that Principle that is the Soul of the Government; or at least that he be advised by such as are most likely to know it, and will give him faithful Counsel; otherwise he will be like a Traveller, that in the Night misses his way upon some large Plain, wand'ring he knows not whither, and is more like to meet with some disaster, than to find his way.  
Having said this, it is natural for you to expect that I should tell you, what that Principle is, which is the life and foundation of this Government.  
If I am not much mistaken, and I am verily persuaded that here I am not, I take it to be this. 1. That every Subject of England hath so clear a Property in his Life, Goods, and Estate, and every thing else which he lawfully Possesses, that they, nor any of them, can be taken from him, nor ought he to be disturbed in the enjoyment of them, without his voluntary Consent, or for some Offence against the Law. 2. And in the next place, That there be not a failure of Justice, that is, that no man be left without Remedy, where his Right is concerned, and that every Criminal be Punished according to the demerits of his Offence.  
I am apt to believe, that every man will think, that this is very agreeable to natural Reason, and then I do not see how it can be inconsistent with the Prerogative of the Crown; though I know that not very long since, and I fear yet, there are some who carry the Prerogative much higher than it ought, in placing it above the Law: But nothing, save the iniquity of the times, and the depravity of such men's Manners, could support or give countenance to so senseless a thought; for they are very ignorant of the nature of Prerogative, if they think it is a Power to do hurt, and not to do good. Certainly the King's Prerogative is to help and relieve the People, where the edge of the Law is too sharp and keen; and not a Power by which he may Oppress and Destroy his Subjects. Men are to be Governed by a Power that is guided by Reason, unless we can suppose that they have no more understanding, and are of no greater value, than the Beasts that perish.  
It was said by one who was a very competent Judge in the case, as I remember, it was Sir John Fortescue, That it is a greater Power in a Prince to be restrained by Law from Oppressing, than to have an Absolute Regal Power. And says another, The Way of Governing must be both Right and Clear, as well as is the End; and how this can be expected, when a King is guided by no other Rule, than that of his unbounded Will and Pleasure, I do not see, any more than a man can depend upon the Wether.  
Do not all examples of it that ever were, prove, that Absolute Power and Oppression are inseparable, and as naturally proceed the one from the other, as the Effect doth from the Cause? 'Tis a Riddle to me, how that Prince can be called God's Ordinance, who assumes a Power above what the Law hath invested him with, and useth it to the Grieving and Oppressing of his Subjects: May not the Plague, Famine, or Sword, as well be called God's Ordinance, since one, no less than the other, is sent by him for the Punishment of that People whom he so visits?  
We may reasonably suppose, that Order and Peace are much rather the end of Government, than Oppression and Violence, because God is a God of order; and when he sent the greatest Blessing upon Earth, it was Peace; and though God was often very wroth with the Kings of Israel and Judah for their Idolatries, yet the Innocent Blood they shed, and the Violence and Oppression which they committed, provoked him more highly, and with his severest Judgements he always testified his Displeasure against it.  
I could run out into a large Discourse upon this Subject, but I will stop here, because I am persuaded, that what I have already said, is sufficient to convince any one, who is unprejudiced. That an Absolute Power is so far from being the Right of the King of England, that the exercise of such a Power is Unlawful in any King.  
I know very well, that in the late Reigns this Doctrine would not have been endured; to have said then less than this, would have cost a man his Head: For whoever would not then comply with Arbitrary Power, was called a Factious man, and an Opposer of the Government; but is it not nonsense, or very near akin to it, to call that Seditious, that is for bringing things into Order, and for maintaining the Laws and supporting the Government? Arbitrary desires never did any King good, but have ruined many. It shook King Charles the Second Throne, and tumbled down his next Successor; and though such Kings are left without excuse when Ruined; yet I may say, they are not only in the fault, for their overthrow is in a great measure occasioned by those who Preach up, and advise the King to Arbitrary Power.  
Did not other People cocker up, and cherish Arbitrary Notions in Kings minds, though such Conceptions might sometimes get into their heads, yet they would never fructify, nor come to perfection, if they were not cultivated by Parasites, who make their Court that way, in hopes to raise themselves, though with the hazard of their Master's Crown: A●● befell the late King James, whose Male Administration rendered him unmeet to sway the Sceptre: And I am very well satisfied that the Judgement upon him was just; for unless a People are decreed to be miserable, which God Almighty will never do, except thereto very highly provoked by their Sins; certainly he will never so tie up their hands, that they shall not be allowed to use them, when they have no other way to help themselves.  
Several Artifices were made use of in the Two late Reigns, for the introducing Arbitrary Power and Popery; one of which was to insinuate into the minds of the People, that the Succession of the Crown was the Chief Pillar of the Government; and that the breaking into it upon any pretence whatsoever, was no less than a Dissolution of the whole Constitution, and nothing but Disorder and Confusion could ensue.  
This Doctrine was boldly then Preached up, and prevailed with many, and obtained no less than if the Crown had been settled in that Family by an Ordinance or Decree dropped down from Heaven, and that every one of that Line or Race had been distinguished from the rest of Mankind, by more than ordinary virtues and endowments of Mind and Body. But we know not of any such Divine Revelation, and happy had it been for this Nation, if that Family had been so signal for its Justice and its Piety; we might then have prayed, That there might not want one of them to sit upon this Throne to all Ages. How much this Nation is obliged to that Family, we very well remember; for the Wounds they gave us, are not yet healed.  
Election was certainly the Original of Succession; for as the living more safely, and with the freer Enjoyment of their Goods, was the Original Cause that people associated themselves into a Nation or Kingdom; so for the better attaining that End, they did set over themselves the best and wisest of their brethren to be their Rulers and Governors; and this Administration was trusted in one or more hands, according to the Temper and Disposition of the Person; in which Authority they continued either for their lives, or for one year, or for some other stated Period of time.  
Where the Government was under a King, he usually held it for life; and then upon his Decease the people proceeded to a New Election, till at last it fell into the hands of some very excellent Person, who having more than ordinarily deserved of his Country, the people, as well in Gratitude to him, as believing they could not expect a better Choice, than in the Branches that would grow out of so excellent a Stock, entailed that Dignity upon him and his Posterity. And this seems to be the most Natural and Lawful Rise of Succession.  
I do not deny, but some Successions have arisen from Force, but that was never lasting; for it could not subsist, or seem Lawful, any longer than there was a Force to support it.  
Now when Princes come to the Crown by the first way of Succession, I mean, by the Consent and Approbation of the People, does not that plainly imply, That they ought to use that Power for the Good and Advantage of their Subjects, and not to their hurt; and enjoy the Crown only upon that condition? No man would ever suffer a Monster to inherit his Estate; and Kings are no more exempted from the Accidents of Human Nature, than their meanest Subjects; and it is every days practice in private Families, to exclude those that will waste their Estates, and ruin the Family; and if the reason will there hold good, than it is so much the stronger in the Descent of the Crown, by how much the good of the whole Kingdom is to be preferred to that of one Family.  
Nor is Succession so very Ancient in England, as some people may apprehend: Till the time of William the First, commonly, though falsely called the Conqueror, it was looked upon as a very precarious Title; the next in Succession could make but little reckoning on the Crown, further than his good Inclinations and Sufficiencies to sway the Sceptre, did recommend him to the Affections of the People. It being then very common, not only to break into the Succession, but even to set aside all that Family and Line, whenever it was known that the Public might suffer by their being at the Head of the Government; the Public Good being the only Rule and Consideration that governed that Point.  
William the First declared upon his Deathbed (and that is a time when men do seldom prevaricate), That he did not possess the Crown by an Hereditary Right. William the Second must be allowed by all people to come in by Election, because Robert, his Elder Brother, was alive, and survived him. Next to him was Henry the First, who also came in by Election, because his Eldest Brother Robert was yet alive; and this Henry in his Charter acknowledged that he owed his Crown to the Mercy of God, and the Common Council of the Realm. King Stephen, Henry the Second, Richard the First, and King John, all came in by Election; so that till Henry the Third, there is scarce to be found any Precedent of Succession; and since his Reign, the Succession hath been broken into several times, and the Crown shifted from one Family to another by Act of Parliament; and being so transferred by that Authority, it is the greatest proof that can be, that Succession is a very feeble Title, without something else to support it, and I think I may say, Defective.  
For, says one of great Authority, never did any take pains to obtain an Act of Parliament, to settle his Inheritance on his Heirs, except he were an Alien, or Illegitimate; and therefore considering, that by virtue of an Entail of the Crown by Act of Parliament in Henry the Seventh's time it is, that the Four last Kings have swayed this Sceptre, I could never understand that Divine Right that was by some stamped upon the Title to the Crown, or that the Succession was preferable to the Public Good.  
I have endeavoured to explain this Point the more, by reason that some object against the Sufficiency of this King's Title to the Crown, because the Succession was broke through, to let him into the Throne; as if nothing could give a King a good Title to the Crown, but Succession. For my part, I never saw any reason to be of that Opinion; and if there be nothing but the Interruption of the Succession to object to this King's Right, if he continue to govern according to the Principle upon which the Crown was given him, and according to the good and laudable Customs of the Realm, I think every man that wishes well to the Interest of his Country, aught to bless God for this Revolution.  
In my poor opinion, I do not apprehend, that a King that comes to the Crown by Election, should think worse of his Title, than if he had come in by Succession, but rather the more securely; because the People are under a more immediate Obligation to stand by, and support the King they have Elected, than any other that takes the Crown by Succession; nor that the people should suspect that they hold their Properties and Rights more precariously under a King that is Elective, than under one that claims the Crown by Succession, but rather the contrary; because it more highly imports him, as well in point of Gratitude, as in that of Policy, to preserve the good opinion of the people, by Governing well, than if his Title was by Succession; for I am far from believing that a King who comes in by Election, may make more bold with the Laws, than he that claims under any other Title; or that his Right to the Crown continues any longer, than by his Administration it doth appear that his Interest is the same with that of the Nation.  
The next deceit by which the Nation was to be gulled into Popery and Slavery, was by fomenting Divisions amongst Protestants, and especially about the Terms of Communion, making them so strict and narrow, as to exclude the greatest part of the Protestants in England, and Nine parts in Ten, of the rest in the world.  
That this was not to promote God's Glory, and the Salvation of men's Souls, but to serve some new Design, is clear to me from several Reasons.  
First, Because the Laws against Dissenters were stretched and executed beyond their genuine and natural Intent or Construction: Where fair Play is intended, such Tricks are altogether need less; but daily experience proves, that when they are made use of, some other thing is designed, than what is pretended. True Religion needs no such methods to support it the nature of which is Peace and Charity; and besides, such forced Constructions, being nothing less than summum Jus, are abhorred by our Laws, and are looked upon no less than summa Injuria, the highest Injustice.  
Secondly, The Second Reason for my Opinion is, because that several Laws were put in execution against the Dissenters, which were plainly and directly made for other purposes; by which the Law itself suffered Violence; and so it became evident to every man that had a mind to see, that some foul Design, and not the Church, was at the bottom of the business.  
Thirdly, Another Reason is this, Because more Diligence and Care was employed to Punish People for Nonconformity, than to Reform their Lives and Manners: For if a man were never so openly Wicked and Debauched, and very scarce, if ever, saw the inside of a Church, yet if he could talk loud, and swagger bravely for the Church, and storm against, and pull the Dissenters to pieces, he was cried up by all means, for a good Son of the Church, an honest man, and truly affected to the Government: Whilst those who could not come up to all the Ceremonies enjoined in the Rubric, though their lives in all other respects were upright, and their conversations unblameable, yet were called Villains and Rogues, and Enemies to the Government; as if the outside and Ceremonious part of Religion was more to be valued, than the substance and essence of it: Which puts me in mind of a passage I have met with in a Play, which is worthy your hearing, if I do not spoil it in the telling; it is in the Play called Sir COURTLY NICE, betwixt two Persons, one is called Mr. Hothead, a very Idle Profligate Fellow, but who yet sets up for a great Son of the Church, and cannot speak or think with patience of any thing that inclines to Moderation; the other Person is called Mr. Testimony, as Rigid and Ridiculously squeamish on the other hand in his way; these Two falling into a great Dispute about their Opinions, Hothead out of his great Zeal to the Church, treats Mr. Testimony with very scurrilous Language, and bitter Invectives against him and all Dissenters; as that they were the plague of the State, and that he hoped to see them all Hanged, and declares the mighty concern he hath for the Church: To which Testimony replies, pray, Good Mr. Hothead, forbear your indecent language, you are too rude in your Expressions; what need you trouble yourself so much about the Church, seeing you yourself never go to Church? To which Hothead in great fury presently makes answer, with a horrid Oath, What though I do not go to Church, yet I am for the Church? This, Gentlemen, I believe you, and every man else, can easily apply.  
I could never yet meet with any precept in all the Gospel, that doth justify such proceed as I have mentioned; but there are several that expressly condemn it. To me it seems altogether inconsistent with that Charity which is expected to be found in all those that hope to enter into Heaven; and it seems to be little less than Teaching for Doctrines the Traditions of men, and to add to God's Word, which is prohibited under no less a penalty, than that of Damnation.  
I am far from being against Order and Decency to be observed in the Church, yet under that pretence we are not to forget the Rule of Charity: And I cannot see wherefore those should be terms of Communion, that are not terms of Salvation. I was always of Opinion, That it would never go well with England, till every man might Worship God in his own way; for nothing can be more unreasonable than to expect, that a man should believe otherwise than according to the conviction that is upon him, or that one man's Opinion should be a Rule or Guide to another man's Conscience.  
And therefore I cannot but wonder at those who take offence at the late Act of Indulgence; which tends so much to our Peace, by quieting the Minds of the People as to their Religion, which hath ever been the handle to our intestine Troubles; the Incendiaries of the State having ever made use of it as the best pretence to embroil the Nation: And therefore I, for my part, do think that the Act of Indulgence was a necessary and Pious Work, and cannot imagine why any man should think that to be a disservice to the Church, that tends to the Peace of the Nation. They who do so, I must believe, are not much concerned in the Cause of the Chureh and their Country, and care not what is uppermost, provided they can but make fair Wether for themselves.  
Therefore, Gentlemen, if any speak to the disadvantage of the Act of Indulgence, you ought to present them as disaffected to the Government, and sowers of the seeds of Division in the State.  
But I desire to be rightly understood; I do not say this to dissuade any man from coming to the Church; For I go constantly thither myself, and I wish every body could do it as easily as I do; and I wonder 'tis otherwise, for I never yet heard any good reason for the practising the contrary. Yet I think unless a man be satisfied in that way of Worship, it is better to keep away than to come; for otherwise it is to mock, and not to Serve God; and on the other hand, it is no less a mocking of God, when a man from an over-assurance of the Gift of Prayer, shall adventure to Pray in Public, without having beforehand well digested his Matter and Words; and therefore may happen to let fall crude and nautious Expressions, such as would be ridiculous in private Conversation; for I am far from believing, that Nonsense can be the effect of Fervency, but rather of Affectation, or something that is very reprovable.  
And here it will not be amiss, or improper, to take notice of those Persons who go to no Church at all, but spend the Lords day, commonly called Sunday, (as the Statute hath it) in an Alehouse, or otherwise idle it away very unprofitably; against such as these, was that Law of Twelvepences a Sunday intended; and were it duly put in Execution, a great deal of that dishonour that is done to God by such Profanation, would be prevented, and the Poor would be relieved with less charge to their respective Parishes. I wonder the Petty Constables are not more careful to make true Presentments at every Petty Sessions, of those who herein offend; the Glory of God, and their own Interest being so nearly, I may say, so immediately concerned.  
The next thing I would recommend to you is, As far as in you lies, to suppress that horrible Sin of customary Swearing, whereby the Tremendous Name of God is every day Blasphemed.  
It is too true, that scarce any man when Provoked, or in Passion, has guard enough over himself to prevent his taking the Holy Name of God into his Mouth; and if any of us fall into that sad misfortune, we ought solemnly to beg forgiveness of it: But yet that whereby God's Honour suffers most, is customary Swearing; when men do not think they express themselves handsomely without an horrible Oath, or more, to fringe off their Sentences. It is such a daring familiarity with God Almighty, as no man would allow to his best Friends.  
I believe there is not any of you, gentlemans, but would be very angry to have your own Names used upon every slight and trivial occasion; and if so, I will not imagine that you will be less concerned for God's Honour, than for your own.  
It is a shameful thing to see how very much the High ways are generally neglected, and out of Repair; the fault of which does mostly lie at the door of the Overseers, whose chiefest care in them now a days, is how to shuffle off the matter for their time, being very little concerned for what comes after them; and by this means they bring at last a great burden upon their Townships, which would have been prevented by a small charge if but taken in time; and so the Township suffers through their neglect.  
There are very good Laws against Vagabonds, but the Execution of them is shamefully neglected; and it is strange it should be so, considering what Encouragement the Law gives for the apprehending of such idle People; For who ever brings any of those Wanderers before a Justice of Peace?  
The Towns through which they last passed Unpunished, is to Pay Two Shillings a piece to him that apprehended them. Though this Reward carry no weight with it, yet the great Mischief that those sort of People bring upon the Public, should make every body vigilant.  
It is an incredible Sum that they cost the Nation in a year; and considering how many Townships and Parishes are oppressed, and almost ruined by the Accidents that are hereby brought upon them, it is wonderful that People should rather choose to Forswear themselves, than do their Duty; but so it is in this Case.  
Were these Wanderers duly Punished, it would reform many of them, and discourage others from following so bad an example; whereas the great remissness of Constables and other Officers in this point, is a great temptation to many who otherwise would think of some more Lawful, as well as Profitable, ways of living: A neglect and slowness to Punish, increases the number of Offenders.  
These things, Gentlemen, I in particular recommend to you, not as all your business, but yet as things that cry aloud for redress; for there does fall within your Enquiry, High-Treasons, Petty-Treasons, Felonies of all sorts, whether against the Person, Possession, or Goods of a man: Riots, Routs, and unlawful Assemblies, and every thing that is an Offence against the Public Peace; in which I am not more particular, because I fear I have held you too long already; and therefore I will trouble you no farther, but pray God to direct you in your Business.  
FINIS.   

BOOKS Printed for R. Baldwin.  
ME●ourius Britannious: Or the New Observator. Containing Reflections upon the most Remarkable Events falling out from time to time in Europe, and more particularly in England. The Fifth Volume. Printed for Rit. Baldwin; where are also to be had the First, Second, Third and Fourth Volumes, with the Appendix to them.  
The Speech of the Right Honourable Thomas, Earl of Stamford, Lord Grace of Gr●●●y, etc. at the General Quarter-Sessions held for the County of 〈◊〉, at Michaelmas, 1691. His Lordship being made Gusts Rot●●rum for the faid County, by the late Lord Commissioners of the Great Seal.  
Bibliotheca Politica; Or a Discourse by way of Dialogue, Whether Absolute Nonresistance of the Supreme Powers be enjoined by the Doctrine of the Gospel, and was the Ancient 〈◊〉 of the Primitive Church, and the 〈◊〉 Doctrine of our Reformed Church of England. Collected out of the most approved Authors, both Ancient and Modern. Dialogue the Fourth. Printed for R. Baldwin; where also may be had the First, Second, and Third Dialogues.  
A Project of a Descent upon France. By a Person of Quality.  
A True Relation of the Cruelties and Barbarities of the French upon the English Prisoners of War; being a Journal of their Travels from 〈◊〉 in 〈◊〉 to Th●●lon in Provence, and back again. With a Description of the Situation and Fortifications of all the Eminent Towns upon the Road, and their Distance. Of their Prisons and Hospletals, and the number of men that died under their Cruelty; 〈…〉  
Europe's Chains broke; or a sure and speedy Project to rescue her from the present Usurpations of the Tyrant of France.  
Reflections upon the late King James' Declaration, lately Dispersed by the Jacabites.  
Truth brought to Light; or the History of the first 14 years of King James I. In Four Parts. I. The happy state of England at his Majesty's Entrance; the corruption of it afterwards. With the Rise of Particular Favourites, and the Divisions between this and other States abroad. II. The Divorce betwixt the Lady Frances Howard, and Robert Earl of Essex, before the King's Delegates, authorized under the King's Broad-Seal: As also the Arraignment of Sir Jer. Ellis, Lieutenant of the Tower, etc. about the murder of Sir Tho. Overbury, with all Proceed thereupon, and the King's gracious Pardon and Favour to the Countess. III. A Declaration of his Majesty's Revenue since he came to the Crown of England; with the Annual Issues, Gifts, Pensions. and extraordinary Disbursements. iv The Commissions and Warrants for the burning of two Heretics, newly revived, with two Pardons, one for Theophilus higgon's, the other for Sir Eustace Hart.  
A Sermon preached before the General and Officers, in the King's Chapel at Portsmouth, on Sunday, July 24. 1692. Being the day before they Embarked for the Descent upon France. By Willam Gallaway, A.M. Chaplain to Their Majesty's Sea-Train of Artillery.