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 King's Majesty's Prerogative, and the Liberties of the Subjects.  
With a Motion for the speedy Redress of all Greevances under which the Church and State doth lie.   decorative flourish 
LONDON Printed by Barnard All …, MDCXLI.   

An Honourable 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, we sat like a College of Physicians, upon the life & death of three great Patients; whose bleeding hearts lay prostrate before us, were arrived at that critical minute, either to receive relief, or eternal destruction. The 3 fortunate Nations were presented to us, in all their distractions: and grown to such a superlative in their miseries, that like Nursing Mothers bereft of their tender Infants, they were careless of what might happen to them, ●uia perdiderant libertates. These 3 Kingdoms 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 edged to each others confusion. O scelus hominum! height of impiety! KAI SV TEKNON! Said Caesar in the Senate, 'twas not his death that grieved him, but that his Son should advance his hand to his slaughter. How many Sons and Nero's had we, whose earnest endeavours were to rip up their Mother's womb, and like Vipers eat through her bowels, and to lay desolate their Father's House! Quis talia fando,  
Temperets a lachrimis? And yet all this had been but a Prologue to our Tragedy; had not God Almighty pleased to interpose his hand, and to have been 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 been, for this year past, to create a true understanding, & firm peace between the Nations: which I hope is so accomplished, that 'tis not in the power of the Devil, or all his works, ever to dissolve it. This, I say, was the work 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 between King and People, and to compose things amongst ourselves: that we may give God his due, we must advance his worship, and compel Obedience to his Commands, wherein he hath been so much neglected. Honour and Riches have been set up for gods, in competition with him, Idolatry and Superstition have been introduced, even into his House, the Church, and He expulsed, his name hath been blasphemed, and his day profaned, by the Authority of that unlawful Book of Sports; and those who would not tremble thus to dishonour God, would not scruple to do it to their Parents, or injure their Neighbours, either by murder of themselves, or names; or by Adultery, David's great Crimes: they have not only robbed God of his Honour, but men of their Estates, and of part of themselves, Members and Ears have been set to sale, even to the deforming of that Creature, whom God had honoured with his own Image, that they might colour this their wickedness, Perjury and false Testimony, have been more frequent with them than their prayers: and all this proceeded out of an inordinate desire of that which was their Neighbours. And thus God in all his Commandments hath been abused. Can we then wonder at his judgements, or think he could do less to right himself upon such a Rebellious People than he hath?  
I beseech you Sir, let us do something to seal him in his Throne, and worship all with one mind, and not that every one should go to God a way by himself: this uncertainty staggers the unresolved soul, & leads it into such a Labyrinth, that not knowing where to fix, for fear of Erring, sticks to no way, so dies ere it performs that, for which 'twas 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 truly 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 minced into Servitude.  
That the King should have a Prerogative, is necessary for his Hovour; it differences him from His People: but if it swells too high, and makes an Inundation upon his Subject's Liberty; 'tis no longer than to be styled by that Name: The Privilege of the Subject, is likewise for his Majesty's high Honour. King David gloried in the number of his People, and Queen Elizabeth delivered in a Speech in Parliament, that the greatness 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 storms of the world, and there were ample Demonstrations of that in that renowned Queen's Reign: but what Encouragement can they have, either to increase their Numbers; or Estates; unless they may have Protection both for themselves, and Estates? Therefore the Privilege and Greatness of the Subjects are relatively for the Honour of the Prince.  
Prerogative and Liberty, are both necessary to this Kingdom: and like the Sun and Moon, give a lustre to this benighted Nation, so long as they walk at their equal distances: but when one of them▪ shall venture into the others Orb, like those Planets in conjunction, they then cause a deeper Eclipse. What shall be the compass then, by which these two must steer? Why, nothing but the same by which they are, The Law: which if it might run in the free current of its purity, without being poisoned by the venomous spirits of illaffected 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 tremble 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 penalties imposed on the breakers, and let him die unto the bargain, that dares attempt the Act.  
The last thing, that falls into consideration, is, to set things right amongst ourselves, the Subjects of England, And in this, so to provide, that the Maecenasses of the Times, may not, like great Jacks in a pool, devour their Inferiors, and make Poverty a Pavement for themselves to trample on. This hath been a burden 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 own 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 Air 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 down Enclosures, and by raising other tumults, to as ill purposes. Which if they be not suddenly suppressed, to how desperate an Issue, this may grow, I'll leave to your better judgements. My humb●e motion therefore is, that an intimation may go forth, unto the Country, to wish those that are injured to resort to Courts of Law. And if there they fail of Justice, in Parliament they may be confident to receive ●t.