The Lord Coke his speech and charge VVith a discouerie of the abuses and corruption of officers. Pricket, Robert. 1607 Approx. 89 KB of XML-encoded text transcribed from 31 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A19078 STC 5491 ESTC S104999 99840729 99840729 5258 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A19078) Transcribed from: (Early English Books Online ; image set 5258) Images scanned from microfilm: (Early English books, 1475-1640 ; 1343:11) The Lord Coke his speech and charge VVith a discouerie of the abuses and corruption of officers. Pricket, Robert. Coke, Edward, Sir, 1552-1634. [64] p. Printed [By R. Raworth and N. Okes] for Christopher Pursett, dwelling in Holborne next Staple Inne at the signe of Marie Magdalens Head, London : 1607. Dedication signed: R.P., i.e. Robert Pricket. In fact by him, based on his memory of Coke's speech; repudiated by Coke, and suppressed the day following publication. "Okes pr[inted]. quires E-H; Raworth the rest"--STC. Signatures: A-H⁴. The first leaf is blank. Running title reads: The L. Cokes charge, giuen at Norwich assises. One of three states of the edition with the last line of H1r ending "ei-". The other two have Nathaniel Butter's name in the imprint. Quire C inner forme and G outer forme exist in two settings each. 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Great Britain -- Officials and employees -- Early works to 1800. 2003-05 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2005-03 Jonathan Blaney Sampled and proofread 2005-03 Jonathan Blaney Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion THE LORD COKE HIS SPEECH AND Charge . With a Discouerie of the Abuses and Corruption of Officers . LONDON Printed for Christopher Pursett , dwelling in Holborne next Staple Inne at the signe of Marie Magdalens Head 1607. TO THE RIGHT Honourable the Earle of Exceter , Kinght of the most Honorable order of the Garter : and one of the Lordes of his Majesties most Honorable priuie Counsel . R. P. wisheth all encrease of Honor and endlesse happinesse . MAy it please your Hon. The obseruation which this world begets , may teach experience truly to report , that Loue and Charity are for the most part growne so cold , euen in the hotest Sun-shine of our Profession , as that despised Pouertie , though addicted to the Religious exercise of endeuors cōmendable , is in the best employment ( vvhich seemes vvith greatest Fauor to smile vpon his Hope ) so coldly recompenced , as that poore vnpitied deiected miserable Pouertie knowes neither Meanes nor Place how or vvhere to warme it selfe . Vnhappie I , in this best time of greatest happines , who being as I am a Poore dispised , hated , scorned , and vnrespected Souldier so vnfortunate as no commended meanes , though many vsed , with confirmation both of loue and Loyaltie , can bee of power from dispayers Gulfe , to raise a Spirit drowned , in worst of misery : but were I not indeered vnto those by heauen made mine , who are indeed , to me , thē life , more deare from whō there is no way to run , vnlesse in me , selfe being be disolued , I would assueredly by heauens assistance in some honest War with vse of Armes , giue to my life so long as I should liue , a liuing maintenance : but novv Immured in my natiue home , vnseperably Yoakt vvith leane-fac't pouertie . I haue experience to conclude that as it is most certaine Pax Procreat Bellum , so is it no lesse true , that a confirmed Peace , Non amat Fillios belli , vntill she hath need of them . In this estate no knovving hovv to mēd my selfe , Religious Lavve shall make my resolution honest , & though Rerum conditionem mutare non possum , yet I vvill haue povver to say Hoc possum magnum sumere animam et viro forti dignum , vvith patience therefore shal my grieued thoghts ioyfully be throvvn vpō my makers prouidēce by vvhose assistance I vvill still resolue vvith a constant Bosōe to persist in the prosecution of commended deeds , for this I knovv Spes mea , Christo viuens , Est viuere vt semper viuam . And thus , my Honorable Lord , hauing breathed forth a sight vnto the grace of your compassionate respect : I humbly craue your Honor vvill vouchsafe , to patronize in this little booke ( by me collected ) not my ovvne but the vvords of that reuerend and learned Iudge , the Lord Coke , vvho at his coming to Norwich , did at the Assises therevpon the bench , deliuer a charge so exelent as that it vvorthyly deserues to be continued in perpetuall memorie , vvhich being thus prodused to a publique vievv , I hope it shall vnto our Publickeweale remaine a vvorthy persedent , vvherein Romes champions may vvith shame decerne their long continued shamefull practices , Puritans & Sismatickes learne to konvve vvith vvhat Iniustice they disturbe the happinesse of our most happie peace , our Iustices , inferior officers , Iurors , and Commons generally , may in this booke find out commended documents and instructiōs profitable as vvel directing hovv to gouern as to be gouerned : all which particulars the learned Iudge hath wisely hādled with such plausible Oratorical wisdomes eloquence , as that vvhen I heard him speake , I thought the Poet had iust cause to say , Prospera lux orritur linguisque animisque fauete ; Nam dicenda bono sunt bona verba die . If therfore in this following worke my Memorie hath giuen a true instruction to my pen , I hope my labour shal be accoūted profitable , vvhen it administers a Publique benefit . Thus Right Hon. Earle , what I haue hereinto performed , together with my most vnvvorthy selfe , I humbly referre vnto your Honoured wisdomes consideration , remaining as I will alwayes rest , Your Honors in all humblenesse of Dutie , R. P. The Lord Coke , the Preface to his Charge giuen at the Assises houlden in Norwich , the fourth of August . 1606. BEcause I perceiue the time hath more swiftly passed then I did expect : my strife and labour with my selfe , hath bin in my selfe to abreuiate what I purpose to speak . And thogh my speech shall principally bee directed to you of the Iurie , which are sworne : yet for that I know the scope and summe of my endeuours are solely dedicated to Gods glory and my countries publicke benefit , I hope that all my words shall extend vnto the generall good of all these here present ; vnto whom they are spoken . For I do purpose in my course , as it were with a finger to point out those growing and groning euils , which doe not only for the preset time disturb & hurt our Publique Weale , but doe also striue , and that with a most dāgerous force to deface , ruin , & vtterly subuert the Honors of our auncient name , & our now Great Brittaines Monarchie . But before the substance of my intended speech receiues his purposed begining , I think it not amisse first to begin with my selfe , and of my selfe to speake thus much . There was a certaine young Romane , whose youth so directed his labours , with industrious care to attaine to knowledge by the reading and study of good letters , as that the Senat of Rome amongst thēselues determined to make that yong man a Iudge : therby with honored reputatiō to recōpence the trauels of his youth , & to giue encouragemēt vnto other Romane Citizens by their good endeuors to attain vnto like estate & credit in the gouernment of Romes Publique Weale . It happened that shortly after the determinatiō by the Consuls & Senat agreed vpō , the yōg man vpon whō the place of a Iudge should be cōferred , cōming vnto the knowledge therof , fell presētly into a deepe cōsideratiō with himselfe about the force & Office of that worthy place wherunto he should be called . And first cōsidered that in his owne opiniō , he was most vnfit : sufficitōly to execute the subctantiall and somtimes dangerous ( though most cōmended duties ) properly belōging to so great a dignity . For this yong Roman hauing many Friends , Kinsfolkes , & Allies , some of thē of such Rancke & Place , in the authority of gouernmēt , as that their loue or hate could not aptly draw vnto it selfe a light or triuial respect ( amongst whō ) this yoūg man thoght that cōming to be a Iudge ; time might vnhappely produce sōe such occation wherin his sentēce , in the place of Iudgemēt might giue distaste , procure enimies , loose Friēds & gaine suspect of hatefull partialitie . From which corrupt & most impoysoned euill , thogh this yong Roman did neuer so much desire , to stand cleared , yet Iudging amongst Friends , & Kinsfolks , he should assuredly ( as he thought ) by some detractors , be therof suspected . The Romaine Cittizen hauing thus vnto himselfe presented diuers obstricles and Objections , which could not in his owne sence receiue sufficient contradiction , he resolued by no meanes to take vpō him the Place & person of a Iudge : but did vse all his Friendes and greatest power of meanees to perswade the Senate , to alter their determination concerning him and to bestow so great an Office on some other , that might more worthily deserue the same . Whilest this young man continued in a discontented passion , with purpose to desire some good aduice , he goeth vnto a faithfull friend of his , whom he acquainted with what the Senate purposed , and how loath he was to vndertake so high an Office as to be a Iudge . His friend vpon hearing the cause , presently concluded , that hee had great reason to shun the execution of such an Office , in the discharge whereof , so much danger rested . For ( said he ) Caue ne sis Iudex inter Amicos because inter Amicos Inditare , Amōgst friends to iudge , is a thing nothing more dāgerous . And therfore he cōstātly aduised , that in any wise he should refuse such honor , though offered vnto him : and rather be contented with a meane and priuat life , then in such a place to be imployed : in which he should assuredly loose old friends , and get new enemies . This yong man ( though thus by his friend aduised , and in himselfe resolued neuer to take vpō him any such , as he accounted dangerous dignitie ) yet whē he vnderstood , that the Senat would not be altered in their purpose , but that by them the place was decreed vnto him , he then determined with himselfe , to trie the counsell of some other friend , whose Iudgement and Experience might beare some generall note , in directing the high affaires to the State belonging . And in this purpose he went vnto a certain Nobleman , whose prudent wisdome had oft bin vsed in businesse of most w●ighty consequence : vnto whom , when he had laid open his mind , shewed his griefe , and signified the Senats pleasure . The noble Gentleman with pleasant , yet graue alacritie of spirit ( seasoned with the soundnesse of a learned and vnderstanding wisedome ) did most powerfully aduise , that this young man should cheerfully accept so worthy an Office , being so freely bestowed vpon him . And that he should by no means seeme to neglect the gracious clemencie of supreme authoritie : Nor in any sort account it dangerous amongst friends to iudge : for in the Office and execution of Iudgement , he that is a Iudge ( Desinet esse Amicus ) ceaseth to be a friend : for in the manner of iudgement , no acquaintance , no griefes , no friends , no remembrance of fore-passed present , or hope of future friendship must direst the thoughts of him that is a Iudge . All that on iudgements seat is done , must be , because Iustice commaunds the doing thereof , and that with no other affection , but onely because it is just . And therefore said this Noble Gentleman vnto his friend , arme thy selfe , in the constancie of a conscionable vprightnes , and be noe longer loath to execute the Honorable Office of a Iudge , but in thy loue to Romes Common-wealth , dedicate thy laboures to her publique benifit . By the graue and sage aduice of that Honored Lord , this yong man was perswaded contrarie to his former purpose , with humble thankfulnes to accept that Office , which the Senate without any meanes of his , was pleased freelie to bestowe vpon him : and yet generallie made shewe as if he ment the contrarie . and soddainlie preparing a sumptuous Feast , vnto which he enuited all his Friends , Kinsfolke , and familiar acquintance , seeming that in regard he did rather choose to leaue his Countrie , then to take vpon him the Office of a Iudge : he had prouided a Bāquet or Feast , to Banquet with his Friendes before his departure : and in some solemne maner would take leaue of them all . Who being , as they thought , to this end assembled : did sorrowfully expect the occation of their griefe , by the departure of their friend , which when the yong man perceiued , he spake thus vnto them . It is true that I purpose as I must , to take my leaue of you all , and to be a stranger to my dearest friends , and nearest Allies : I must forget all former friendships , and my most familiar Acquaintance , I must accompt as greatest strāgers vnto me ; Thus must I depart from you , & yet continue amongst you , for by the loue , power & authoritie of the Senate , I am appointed to be a Iudge , and in the seate of Iustice , I must forget the remembrance of your former friendships and acquaintance , and onely in the person of a Iudge , with respect to keepe my conscience cleare , I must with equitie & vprightnes , iustly administer iustice vnto you all . And this is my cause , by the loue & fauour of my greatest maister King Iames , in whose royall and gratious disposition I am , ( Sinè precationè , vel precatio , without price or request , freely called vnto this great Office , by the fauour of my King ) Vnto whose seruice , my life , and all I haue is humbly bound , by him , and by his gratious Clemency , I am thus sent to bee a Iudge amongst my Kinlfolkes and familiar friends , euen in bosome of my natiue Countrie . I must therefore as the young Romaine did , take leaue of all former Acquaintance , & do that which is iust vnto all Estates and Degrees , without partialitie . Which dutie ( by Gods permission and assistance ) I will faithfully performe , so long as God and my King shall please : that in this place I be employed in the vprightnesse and equitie of Iudgement , shall all my performance entirely consist . The contrarie whereof shall ( as I hope ) neither be desired nor expected . And thus much for my selfe . ¶ Here followeth the words of his Charge in Order . AS concerning the manner and Method of my charge , I will for order and memorie sake , extract or draw forth all that I purpose to speake , from fiue words in his Maiesties Commission contained : the words are these ; Quis , Quibus , Quid , Quomodo , and de Quibus . Quis , from whom the Commission commeth ; Quibus , to whom it is directed ; Quid , what it concerneth ; Quomodo , how it ought to be executed ; and de Quibus , of whō , and of what causes , wee are to enquire by vertue of the Commission vnto vs graunted : and this last , De Quibus is of all the rest the greatest . As touching the first word , Quis , whom , or from whom our Commission commeth , that is , from the Imperiall Maiestie of Great Brittaines Monarchie , our dread Lord , and Soueraigne , King Iames , the lawfull Heyre vnto our Kingdomes Throne : whose Princely Scepter is his proper owne , by a most royall and lineall discent . It is his Commission , by whose powerfull authoritie we are now and at all times commaunded to doe him seruice : for the awfull sway of his Soueraigne gouernment doth , ought , and must inioyne all his subiects to a due subiection and obedience ; for he is ouer vs the Lords annointed , and in these his Realmes and Dominions , in all Causes , & ouer all Persons , as well Ecclesiasticall as Ciuile , next vnder Christ Iesus our supreame Gouernour . Vnto his Highnesse then let our liues submission bend ; let our faiths loyaltie dedicate it selfe vnto his vertues praise : and for the long continuance of his Maiesties most happie , powerfull , and victorious Rule , let all good subiects pray . Now that I haue spoken from whom our Commission commeth , the next word which doth direct my worke is , Quibus , To whom it is directed , that is , To vs his Maiesties Iustices of Assise , to whome by vertue of the Kings Commission is giuen such power , as that in the administration of Iustice wee doe represent the person of our King : So as if in the time of the Assises one shall strike another in the presence of the Iudge , be it no more then a blow on the eare , the Law prouideth , That the offendor shall loose his hand , wherewith hee gaue the stroake , because the offence was done as in the presence of the Prince : For the Law hath so much care to protect the person of a Iudge : As that if a Iustice of Assisc shall happen by any in his Circuit to be slaine , the Law adiudgeth it to bee Lese Crimen Maiestatis , An offence done against the Maiestie of the King , and is punishable , as in cause of Treason . To shew the worthinesse of our Place and Office , you shall vnderstand , That the Kings Maiestie at his Coronation is sworne to doe Iustice vnto all his Subiects , which in his owne Person it is impossible to performe . And therfore his Highnesse is constrayned by his Ministers , Deputies , Iustices , and Iudges , to administer Iustice vnto all his people . Men therefore ( in such place employed ) ought with wonderous care , and conscionable diligence to discharge the trust in them reposed : for vnto them , and into their hands , is ( as it were ) deliuered the Kinges owne Oath ; because , what he is sworne vnto , must be by them in his behalfe performed . See then the dignitie of Iustices and Iudges of Assises , Assignauimus vos Iusticiaries nostros , We haue assigned you our Iustices , that you may administer Iustice vnto our Subiects . Thus by the Kings Commission the Kings owne Oath is put into our hands : and at this instant ( in the place and person of a Iudge ) my Soueraignes Oath into my hand is put : I ( though his vnworthie Subiect ) am by his gracious clemencie Authorized ( as in his owne Person ) according to his owne Oath , to administer Iustice vnto you his Subiects : Which dutie ( by Gods assistance ) as I haue vowed , I will faithfully performe : For if any ( with a Kings Oath trusted ) shall bee so vilde , as to falsifie their trust , such offence is more then Capitall . The Place of a Iudge then , the greater that it is , so much the more should their care bee , to discharge the same , vpon whom so weighty an Office and Honorable Authoritie is bestowed . From whom our Commission commeth , and to whom it is directed , hath bin briefely specified : I will now proceed , and shew out of this word Quid , what is in the Commission contained . Briefely therefore , it is that bounded limit , in which solely doth consist the strength of our authoritie ; beyond which compasse we are commaunded not to passe : For it appointeth vnto vs the Iustices of Assises , what it is that wee must execute , as well in causes betwixt partie and partie , as also the King and partie depending . So as wee are not onely to heare , judge , and determine , such Causes of Controuersie , as shall by Writ of Nisi prius bee tryed , but also to examine , acquit , or condemue all such Prisoners , as shall for any offence against his Maiestie bee brought before vs , to receiue their Trayall . So that by vertue of our Commission wee haue authoritie , as in the person of our Soueraigne , to judge in causes , that doe concerne the life and death of the Subiect . That our Commission then is very Large , Ample , and Absolute , contayning in it selfe a powerfull Authoritie , may by your selues bee judged . And to the end , that Iustice may by vs receyue the more full sound and perfect Execution , Our Commission , when it hath largely described vnto vs what wee may doe therein , it then most sweetely doth Appoint , Limit , and Commaund . What manner of dooing wee must vse in those thinges appointed to bee done , so that it dooth not onely giue vnto vs authoritie , what to execute , but dooth also lay downe vnto vs the manner how our Authoritie must bee executed , and to the vnderstanding hereof , my next word Quomodo doth direct it selfe . Wee then , the Iustices of Assises and Gaole-Deliuerie , are by his Maiestie appointed to administer Iustice vnto his Subiects ; but Quomodo , how , not according to our owne Will , Conceit , or Opinion , but Secundum Legem & Consuetudinem Maneriae Anglicanae , According to the Lawe , Custome , and Manner of England : Which Lawe , Custome , and Manner must bee executed with Knowledge , Iudgement , Vnderstanding , and Equitie . For wee must know our selues , and Place wherein wee are : Wee must Knowe and Vnderstand each cause before vs brought , and according to our Knowledge and Vnderstanding , wee must vprightly Iudge , according to Equitie , without ( in the least sort ) beeing drawne , by respecting eyther Person or Profite , to beare a Partiall Hand in the Execution of Iudgement . Partialitie in a Iudge , is a Turpitude , which doth soyle and stayne all the Actions done by him . A Iudge that will bee Partiall , will receiue a Bribe , and such an one cannot by any meanes bee just , in his manner of Iudging . Brybes , and Partiall dealying dooth defile the Puritie of Iustice , with great suspected Euill : For a Iudge , if but in some things he be knowne to take a Bribe , or be approoued Partiall , he leaueth no one Action done by him , free from the like suspect . A Iudge that for a Bribe will speake , and but once execute a Iustice purchased , all his words & Actions for euer after may justly bee suspected , though neuer so vprightly done or spoken . A Iudge must vprightly , with an equall and indifferent eare and minde fully heare and vnderstand each cause before hee judgeth ; otherwise , it is not possible that justice should bee justly executed : And to judge in a point of difference , hearing but one partie speake , is assuredly to be vnjust ; for this sentence is directly true : Qui Indicat causam parte inaudita altera , Aequū licet , Statuat , Iudex iniquus est : Who judgeth a cause for the one partie , not hearing the other , though what he doth , may stand to be vpright , yet is the Iudge vnjust . Our auncient Fathers did in their Pictures and Emblemes oftentimes enclose a very great and substantiall wisedome : Iustice ( as you know ) vseth euer to bee painted with a Sword in the one hand , and a paire of Scales or Ballance in the other ; thereby signifying , That Iustice neuer strikes her Stroke , till first the cause be weighed in the Ballance ; her Blow comes not , vntil the weight of the Cause to be tried , hath by an vpright hand equally receiued sufficient triall : for then she knoweth rightly how to strike her stroke , and not before : when the glory of her dignity shall receiue perfectious Honor , as wel by protecting the Good , as in punishing the Bad. Mee thinkes , that oftentimes when I ryde by the way , I see the Effects of Iustice rightlie resembled , when I behold a Riuer with a siluer currant , bounded in her equall course , with what just proportion shee doth disperse her streames , without bewraying any little rage of intemperate violence . But if the passage of that streame bee stopt ; then how like a raging Sea , shee ouer-flowes her banckes : and that then by an vnresisted force , the Meadowes , humble Vallies , weake and low growne Shrubs are drowned vp ; enduring a recure-lesse wracke , whilest Hilles & Mountaines stand safe from feare of harme . Euen so it fareth with vs : The equall course of Iustice being stayed , the poore & meaner sort of people they are ouerwhelmed with wrongs oppression , whilest great and wealthy men , like Hilles and Mountaines , buyld their Stations sure , being freed from any cause of griefe : Iustice with-held , only the poorer sort are those that smart for it . Iustice vnto all estates doth measure an euen proportion to rich and poore , her met-wand keepes an equall length , being sealed with the testimonie of an vpright conscience . To Kings , Rulers , Iudges , and Magistrates , this sentence is proper Vos Dijestis ; you are Gods on earth : when by your execution of Iustice and Iudgement , the God of heauen is by your actiōs represented : but if by vs , that so are called Gods , Iustice and Iudgement be peruerted ; it will be heauy for our soules , when we shall dye like men . Briefly , the office of a Iudge , is patiently to heare each party speake soberly ; to answere or object , directly ; to see ( as neere as may bee possible ) each truth substantially prooued : And then to Iudge with an vpright heart according to Iustice and Equitie : Neuer in any one thing preferring Conclusion , before a conscionable , wise , and judiciall Consideration . In which vprightnesse , the execution of Iustice vsed by the Right Honourable ( my most worthie Predecessor ) in this place shall be an Example , which I will desire to follow . Of all the Morall vertues , Iustice ( Queene-like ) is enthroned : for vnto her onely is a Throne ascribed , because her Execution doth neerest represent Heauens eternall Deitie . Iustice and Mercie are inseparable Vertues ; Mercie and Iudgement , as it was Righteous King Dauids , and lately our good Queenes , heauenly Elizabeth : so it is nowe vertuous King Iames his Song , in whose princely breast Mercie and Iudgement are most gloriously vnited . And to the end , that I his Subiect , and in his place his Substitute , and you his Subiects may execute Iustice as wee ought , I will nowe out of my last word , de Quibus , declare vnto you , of whom , and of what Causes wee are to enquire , that Iustice and Iudgement may thereby receiue a more cleare and powerfull Execution . Those then of whome wee are in the first place to enquire , are such , by whome our King is most disobeyed , his State disturbed , and Kingdomes threatened : Whereof ( if you consider ) it will be euident , That all those growing and desperate attempting euils , by which , wee are most prowdly menaced and Aflicted , doe principally proceed from three sorts of Recusants liuing amongst vs. Of all which , the Popish Recusant is the most dangerous with our English Romanists will I therefore at the first begin , and in the discription of their Actions and practises , I doe desire that my wordes may bee entertained with your best Attention . Our Worldes Admired Queene Renowned Elizabeth , did ( as you know ) in the beginning of her Raigne , change the State of Religion in this Kingdome in her first Parlament , by the consent of her Lordes Spirituall and Temporall , being especially by the Lord of Heauen directed , Error , Popish blindnesse , and Faithlesse Constitutions grounded vpon Humaine Traditions were extinct . And Religions Puritie according to the Law of Faith , was Reestablished , being built vpon the vnremoued foundation , of the alone Autenticke word Canonicall . The bookes of the old and newe Testament , from the trueth whereof , shee did alwayes direct the course of her so happie and Tryumphant Gouernment . Notwithstanding , the Change of Religion , it cannot bee denyed . That for the first tenne yeeres , of her Maiesties Raigne , the estate of Romaine Catholique in England was Tollerable , though some were Committed in the beginning of her Cōming to the Crowne , yet none but those whose precedent Actions , had caused the faith of their Allegience to remaine doubtfull , and so was the manner of their commitment mixed with such gratious Clemencie . As that they rather endured a fauourable restraint , then any straight or rigorous imprisonment , But aswell those so restrayned , as generally all the Papists in this Kingdome , not any of them did refuse to come to our Church , and yeeld their formall Obedience to the Lawes Established . And thus they all Continued , not any one refusing to Come to our Churches , during the first tenne yeeres of her Maiesties gouernment . And in the beginning of the eleuenth yeere of her Raigne , Cornewallyes , Beddingfield and Silyarde were the first Recusants They absolutely refusing to come to our Churches . And vntill they in that sort began the name of Recusant , was neuer heard of amongst vs. In the beginning of the eleuenth yeere , when three Recusants , were onely in this Kingdome to bee found . In the same yeere , Pope Impius , though abusiuely surnamed Pius Quintus , his Hellishnes was informed by some of our English Iesuits , that such was the number of Romaine Catholiques here in England , as that if his Horriblenesse would denounce an Excommunication against the Queene there was in this Realme and Kingdome , a power Catholical which would presently vpon an instant be in redinesse , to enter into open hostilitie with force sufficient to depose , and vtterly to supplant her Highnes ; and to reestablish the Romaine faith . Pope Impius of that name the firste , vpon the Information specified the better to seuer his hope in his good meaning to this Kingdome , presently plotteth with the King of Spaine for asuddaine Inuasion vpon the present Excommunication of the Queene . And to this end one Robert Rodulphy a gentleman of Florence , was sent by the Pope , vnder colour of Marchandize , to sollicit a Rebellion amongst vs. And gaue order vnto him for the receiuing of one hundred and fiftie thousand Crownes , to set forward this Attempt . And Phillip King of Spaine , by the instance of the Pope , had determined to send the Duke of A●lna into England , with all his forces in the Low Countries To Assist some great men amongst vs , who were by the Pope Sollicited , to be the principall Agents in a most Rebellious enterprise , vnto whome some of the one hundred , and fiftie Thousand Crowns was deliuered , and some other part sent into Scotland for the like effect . Thus as you haue heard euen at the same time , when her Maiesty the late Queene , delt most mercifully with the Papists , did the Pope with them conspire to worke her Ruyne , & this Kingdomes Ouerthrowe , secretly complaning how on sodaine they might bring vpon vs Distructions , Spoyle , and generall Desolatton , when our then Soueraigne that Queene of Vertue , knowing Shee had diserued no such euill , did not in the least sort suspect any such danger . The Pope hauing as he thought surely Established the foundation of his hopes ; Hee then Denounced the Excōmunication against the Queene which was not vnto her selfe made knowne , vntill the intended Rebellion in the North brake forth , a little before Christmas , in the yeere 1569 , being the twelfth yeere of her Highnesse Raigne . And then it was knowne , that the Pope had Excommunicated her Maiestie . And thereby freed her Subiects as the Bull imported , from their Subiection and Obedience . But God was pleased that the Popes Bull was so Bayted , as that the Rebellion by it procured , was sodainly suppressed ; For the Pope whose labour is to defend Lies , was himselfe deceiued with a lie , for the strength of the Papists here not being such as hee was enformed , The true harted Protestants taking parte with the Soueraigne , did quickly Cutt the Throats of our English Romaines , dryuing some of the heads of that Rebellion , vnto a shamefull flight , and brought the rest by our Lawes Iustice , to a shamefull death . Her Maiestie in the thirteenth yeere of her Raigne , hauing made the Law before specified , the very next yeere following , out Commeth Sanders Booke de Visibili Monarchya , wherein he plainely seteth downe how the Pope had sent one Morton and Web , two Priests before the said Rebellion to the Lords & Gentlemen in the North , to Excite them , with their followers , to take vp Armes , signifying vnto them the Popes Commandement : Alleadging , That her Maiestie being excommunicated , Her Subiects were released from their Obedience . And therefore he doth Directly Iustifie the sayd Commotion . Ascribing the euill successe thereof to the late publishing of the saide Excommunication . Because it was not generally knowne , vntill the yeere after it was Denounced . VVhen Felton had set it vpon the Bishop of Londons gate . Affyrming that if it had bin published the yeere before , or when the Rebells were in Armes , they had assuredly preuailed against the Queene , and executed the saide . Sentence at the same time , for her deposinge from the Crowne . Thus Trayterously with more then Brazen Insolence , did that Traytor Sanders spitt out his poysoned venim . Thereby desiring to Corrupt the hearts of her highnes Subiects , and to make them fit for a newe Rebellion , which course by him takē , was Immitated by Parsons , & many others to the like effect . Who ceased not by there Hereticall and Lying Pamphlits , with most Trayterous impudencie , to abuse her Maiestie and the State. And not thus contented , in the yeere one thousand fiue hundred seuentie and nine , Stukely assisted by Sanders , and other Catholiques , both English , Irish , and Italian , with the Popes Commission , entred into Ireland . The Pope himselfe , in the furtherance of that Course sending thither certaine forces vpon his owne Charge , Whilest all that time , her Maiestie that Queene of mercie was so farre from being moued , as that with Patience , shee endured all these Iniuries , onely inforcing that one Lawe , which as you haue heard , shee most Iustly made against them . Whilest Ireland by the Popes procurement remained in Combustion . It happened that , Pius Quintus dyed , and Gregorie the thirteenth succeeded in his place , who presently Reneweth his Predecessors former Bull , and denounced her Maiestie to bee Excommunicated , with Intimation of all other particulers in the former Bull mentioned , which done , there was by him sent ouer into England ▪ Campion and Parsons , they came vnto vs in the yeere one thousand fiue hundred and eightie , there comming was to Alienate the hearts of her Maiesties Subiects , from their due obedience . And to make a partie strong to depose the Queene , Ioyning with the Pope , and King of Spaine , by whome there was then an intended preparation against vs. But the Attempts and practises of them both at that instant fayling in England . The Pope as a Temporall Prince , displayeth his Banner in Ireland , with purpose to depriue her Highnes . First from that Kingdome , and then by degrees to depose her from this . Notwithstanding so mild was the proceedings of her Maiestie against them , as that there were in the space of Tenne yeers , not much aboue twelue persons , that were by the Iustice of her Lawes adiudged to die , and the most of them Semenaries , and all of them Conuicted in causes of Treason . Her Maiestie when shee heard of the second Excommunication , and had seene what followed in her Kingdome vpon the first . Shee was then in all Christian Pollecie enioyned to preuenr the successe of dangers imminent . Her Highnesse therefore , in the yeere one thousand fiue hundred eightie and one , caused a Proclamation to bee made for the calling home of her Subiects from beyond the Seas , such especially as were Trayned vp in the Seminaries , perceiuing that they learned nothing there but disloyaltie , & Treason . And presently after this her Proclamation , shee called a Parliament , wherein a Lawe was agreeable in effect to the sayd Proclamation , enforced with a penaltie of death , for any Ies●ite or Seminary Priest , to repayre into England , and for any to receiue or intertaine them , shee would willingly that those of such profession , should keep themselues without the Lymits of her Kingdome . But if against her will , they would come into her Land to sow the seed of Sedition , and Rebellion amongst her Subiects , and to lay , their plots how to supprize her life , and to make a way for Forraigne Enemies with bloodie handes to enter vppon her Dominions . And by Hostill Inuasion to bring her Kingdomes to distructition , and to expose her people vnto the Slarie of a seruile yoake , What shoulde her Maiestie lesse haue done in the preuention of such a Lamentable euill , but to hang vp them that were the principall Actors in so bloodie and Tragecall a Tyranny . From the yeere eighty one , to eightie eight , her Maiestie was not free from Continual Traiterous and Rebellious practises , desperately attempted against her life , or intended subuertion of her Kingdome . First the Popes forces being ouerthrowne in Ireland , the Pope and King of Spaine , presently ioyned with the Duke of Guise , for the executing of a most desperate disignment against her Maiestie . Arden and Someruilde , would haue layd vyolent handes vpon her sacred person . Dostor Parrie , intended the like villanie . Northumberland reuolted from his Obediēce . Mendoza the Iesuite , and others of that Crue or Sect , appointed by the Pope to order and Mannage these deuelish designments . In the yeare eightie , to forerunne the purposed Spanish Inuasion , against which time Campion , Parsons , Haywoode , and all the Iesuites and Seminaries , had so besturred themselues . There is certaine bookes printed beyond the Seas , sent ouer into England , therby to prepare the hearts of our people , to Ioyne with Spaine , and to take vp Armes against their Soueraigne , with perswasions grounded vpon this position . Viz. That in all warres which may happen for Religion : euery Catholike man is ioyned in conscience to imploy his person and forces by the Popes direction , that is , how far , when , where , & how either at home or abroad , he may and must breake with his temporall Soueraigne , and that vpon paine of deadly sinne . Vpon a foundation so diabolical : What fruits other then diuellish can be expected ? And yet , do but further note how damnable a spirit is in their bookes and writings bewrayed . All the Papists in this kingdome , were most violently perswaded , that vpon the Spanish inuasion , they should all ioyne their greatest force with Spaine . It was in them accounted an error of conscience , want of courage , and effeminate dastardie , that they had suffered her Maiestie almost thirtie yeares to raigne ouer them . They were threatned with Excommunication , and vtter ruine , both of themselues and their posteritie , if they did any longer obey and defend , or acknowledge her highnes to be their Queene or superior , and did not foorthwith ioyne their forces to the Spaniards . And to the end , that this most godlesse , trayterous , inhumane and vnnaturall appointment , by subiects to their lawfull annointed Soueraigne , and natiue countrey , might receiue the better acceptance ; There was vsed a most insinuating , though faithlesse manner of perswasion , guilded ouer with a seeming shewe of Holinesse : ( For thus , ) our English Romane Catholikes were promised ) That in the king of Spaines armie , there were diuerse Priests readie to serue euerie mans spirituall necessitie , by confession , counsell , and all consolation in Christ Iesus , and that they should be so assisted by the blessed patrons , both in heauen , and in earth , with the gard of all Gods holy Angels , with our blessed Sauiour in the soueraigne Sacrament , and with the dailye , most holy Oblation of Christs owne deare body and bloud . As that it could not fall out otherwise , but that they should assuredly preuaile : Hereby may the world perceiue in what Angelike manner of brightnesse Popish doctrine can suite treasons damnable , euen as blacke as hell . You haue heard what preparation was prouided by the Pope and Papists , for the furtherance of Spaines intended inuasion , we will now proceed to matter of action . And but call to our remembrance ( that euer to bee remembred ) powerfull wo●ke of God : ) for our deliuerance in the yeare 88. The king of Spanes Armado , that admirable , and warlike nauie , so well furnished with valiant souldiers , and all munition fit for warre , when suddenly we were in danger by a Potent enemie to be surprised , when her late Maiesties Royall Nauie , was scar●ly put foorth to sea . And the best ships of strength not fully furnished with shot and powder , as was necessatie in so weightie a businesse : yet to the neuer dying glory of a maiden Queene , such was her princely power , although at sea but in part ' vnprouided , as that by the loue and grace of heauens eternall prouidence , her Maiestie by a most noble Battell at sea , euen in the presence of her kingdoms Territories , did vtterly disperse and ouerthrow , that surnamed inuincible Spanish nauie , so that not any Spaniards floate , ( vnlesse brought captiue could arriue ) vpon her Englands shoare . Nor but verie few of their so much admired fleete of shippes , returned to their natiue home . Thus did God on Queene Elizabeth bestow a glorious victorie , euen in the despite of Pope , Papist , trayterous Iesuits , Seminaries , Monkes , Friers , and all the rablement of that Antichristian See. The power of Spaine , was brought against vs , by the procurement of our English Papists , and what recompence was intended for them , in the charitie of their catholike profession may appeare , by that which the Duke of Medina Sidonia affirmed , which was , That both Catholickes and Heretikes that came in his way , should be all one to him , his sword could not discerne them , so he might make way for his maister , all was one to him . Thus did ▪ Papists , as still they doe , desire to worke our downe fall in the certaintie of their owne destruction . God hauing shewed his loue to our late Queene and kingdome , by that wonderfull deliuerance before described : The Pope to further his accustomed indeuours , practised with Spaine , about a new inuasion , and the better to bring his purpose to passe : Parsons , that auncient Iesuite , and most notorious traytor , vnder the Pope , chiefe gouernour of all the Iesuits , ( principall enemies to Iesus , ) was placed in the Spanish Court , by whose perswasion there was a new Seminarie erected at Valedolyde , from whence in three yeares , there was sent thirteene priests into England , to prepare a passage for the new intended inuasion . Whereupon in the yeare 1591. a Proclamation went forth for the apprehending of all such Priests or Seminaries , as should come from Spaine . Because their intention was knowne vnto the State here . But to the end the Diuell ( the Pope I should say ) might want no instruments for the effecting of murthers , treasons , and rebellions , by Parsons procurement , more Seminaries were erected in Spaine , ( and England still troubled with Romes trayterous disciples . ) But the new inuasion being twise set on foote , God did so warre against their purposes , as that their prepared Nauie was at sea , dispersed by stormes , so as most of them endured shipwracke . That expectation failing , then was the Infant of Spaine intituled to the Crowne of England : ( and to that end , sundry bookes diuulged ) Queene Elizabeth was by them accounted a tyrant : more tyrannicall then Nero , Decius , Dioclesian , Maxentius , or any the greatest persecutors of the Christians : Not thus contented , from the yeare 88. to the yeare 99. there were continuall treasons practised against the Royall person of her late Maiestie , Patricke , Collen , Lopez , Yorke , VVilliams , Squier , all attempting to murther her Highnesse . All these attempts , plots , proiects , & trayterous stratagems , taking no effect . Then was there from the Pope a new Bull sent , whereby the Papists were commanded to vse a formall maner of obedience , vntill they might grow to be a strength sufficiently strong to depose the Queene . Which expectation once accomplished , then had they power by the sayd Bull to take vp armes against her . Thus they neuer left continuall practising , vntill a little before her Maiesties death : about which time , by some of the principall Agents , in the last most horrible treason , there was complotted another Spanish inuasion : For the accomplishing whereof , the yonger VVinter was a messenger vnto the king of Spaine , and Guydo Fawkes vnto the Pope , and a third was imployed to the Archduke . The king of Spaine at that time being our enemie , entertained VVinters motion , with most kind acceptance , protesting that the English Catholiks should bee as deare vnto him , as his home-borne Castillians , and in loue to the intended businesse , vowed in the word of a king , to defend their safety , ( all which , as souldiers say ) with pollicie in warre he might do ) being then our enemie . But it is a matter cleane out of my Element , and therefore I will dispute no further about it : But the Counsell of Spaine holding a conference about the mannaging of the plot by VVinter layd . It was obiected that there would be want of horse for such a businesse . Whereupon Winter vndertaketh to furnish them with a certaine number , and receiueth gold to that end . At last the purposed designement being embraced with a generall consent , a souldier standing by , being some Commander , a Captaine , or such like , ruffles out this souldier like Latine , Nunc tempus pro nobis erit aliquid obtinere : Now shall it be time for vs to get something . But in the middest of this intended preparation , it happened , that her Maiestie Royall , and most gracious Elizabeth died : And our now Imperiall Soueraigne King Iames , did both inherite her kingdomes and her vertues . His Majestie beeing with peace established in his royall seate , the king of Spaine would no longer embrace his former purposed appointment : Nor would consent , that any thing should against a king be plotted , with whom he neuer had warre : Nor by whom he neuer receiued any iniurie . So as our Papists were in that behalfe dismissed of their expected hope : and enforced to seeke out some other meanes ; and now I will bewray a secret ( I am sure not generally knowne . ) In the discourse whereof I doe desire attention . Pope Clement the ninth , who was accounted the last best of many Popes , ( all notwithanding being naught . ) He vnderstanding Spaines purpose , as before is specified , concerning an inuasion , supposing that the Queene might die before that businesse tooke effect : And foreseeing vnto whom these kingdomes should of right descend , sent secretly a Bull into England , which was so closely concealed , amongst our Papistes here , as that her Maiestie in her life time knewe not thereof . ( For if she had ) I am sure , that by reasō of mine employment neare vnto her : I should haue heard if she had knowne any such thing ▪ But assuredly both her selfe , and the State , were ignorant therof . But now this Bull being brought to light ( which my selfe haue seen & read ) it importeth thus much ▪ quādo contingeret illam miserimā Elizabethā mortuā esse That when that miserable wench Elisabeth should happen to dye , Tunc nos volumus , Then we will , that all and euery of you , do vse your best & vttermost endeuors quibuscunque modis et vi●s , by what strength or meanes so euer , to keepe out the Scottish Hereticke , that in any wise he may not be admitted to the kingdome of England , vnlesse he would reconcile himselfe to Rome , and hold his crowne of the Pope , and conforme himselfe and all his subiects to the religion of the Romane Church . This Bull vntil Garnet was taken , slept in England , beeing filled with a most proud , scornfull and Trayterous boldnesse . When that miserimam foeminam Miserable woman or wench Elizabeth shall dye , had the Papall proud vsurper , no other attribute to bestowe vppon a Queene then Miserable wench ? shee liued Renowned thorough all the Corners of the worlde , shee ruled in peace , beloued of all her Subiects , vnlesse those infected with the Romane Leprosie , shee was admired , & feared , co●fre●●ing all oppositions , with vndoubted confidence , shee was a Prince potent enough , to defend her Kingdomes and to helpe her Neighbours beeing oppressed with glorious victorie she beat Spaine from off her coasts , and rifled him in the bosome of his owne kingdome , wrapping his townes and shippes in cloudes of fire and smoake . She swayed the Royall Scepter of her kingdomes , gouernement with triumphant victorie ; maintaining peace ámongst her people , euen in the worlds despight , 44 yeares her vnmatched wisedome , and vnconquered prowes crowned her the Peerelesse wonder of her sexe : she liu'd and di'd a Queene , her life beloued , and her death lamented : And yet for all this , was she no more in the Popes account , then a miserable wench . Let the Popes pride sinke to hell : whilest heauens Elizabeth ( whose blessed soule from earth to heauen is taken ) doth , and shall with God and Christ for euer liue in the heauenly glorie of eternall happinesse . Pope Clement the ninth , hauing by his Bull , as before specified , giuen commaundement that the Papists should by all meanes howsoeuer , withhold our now Soueraigne from his lawfull right . ( And notwithstanding that Rebellious Commission , ) his Maiestie being with great ioy peaceably enstalled . Peersie & Catesby went vnto their great Prouinciall Garnet , & of him enquired , whether the king being as he was alreadie established , they might by vertue of the Popes Bull , vse any meanes to supplant or depose him , considering they were not of force to withstand his comming at the first . And Garnet answered , that vndoubtedly they might , whereuppon they presently resolued to put in execution , that most horrible powder treason , the like whereof , vntill that time , was neuer to the world reported . Some are of opinion , that if a tolleration of religion had bin admitted vnto the Papists : that then no such bloudie stratagem should by any of them haue bene practised . But if you shall consider the tenor of the Popes Bull , you may then perceiue , that their request of indifferent Tolleration was but a colourable pretence in them . For that might not haue serued their turnes : For they were enioyned to worke his Maiesties ouerthrow , vnlesse he would reconcile himselfe to Rome , hold his Crowne of the Pope , and conforme himselfe and all his subiects to the Religion of the Roman Church : It is not then a toleration only which they seeke , nor could they haue bene contented therewith ( although so much shall neuer be granted vnto them . ) They may therefore easily despaire of the rest ( though they the Pope and the Diuell ) doe neuer so much conspire to bring their Hell-borne practises to passe . As touching the last horred treason , by inhuman sauages complotted : I know not what to speake , because I want words , to describe the trayterous , detestable , tyrannicall , bloudie , murtherous villanie of so vilde an action . Onely this had their horrible attempt taken place . This Sea-Inuyrond-Iland , the beauty , and wonder of the world . This so famous and farre renowm'd great Brittaines Monarchie , had at one blowe endured a recouerlesse ruine , being ouerwhelmed in a sea of bloud , all those euils , should haue at one instant happened , which would haue made this happiest kingdome of all kingdomes , the most vnhappy . Our conquering Nation , conquered in her selfe : her faire and fertile bosome , beeing by her owne natiue ( though foule vnaturall children ) torne in peeces , should haue beene made a scorne to all the nations of the earth . This so well planted , pleasant , fruitfull worlds , accounted Edens paradise , should haue beene by this time , made a place disconsolate , auast and desert wildernesse , generally ouerrunne with heards of bloud-desiring wolues . This so well gouern'd , Populous , potent Monarchy , had in one moment beene left without either King , Queene , Prince , State , Nobility , Law , Iustice , or any strength of gouernment , sodainly had we then beene throwne not onely to the cruelty of ciuill warre , that too too murtherous Domestick spoyling enemie : But also euen in that instant generally haue beene exposed vnto the all-deuouring hand of forraine Enemies , in our Congregations , the songs of Syon had no more been sung : But in their steed had bin brought vnto vs the songs of Gehenna sēt from Rome : that Sathans synagogue , all our best-freedomes liberty , had by this bene turn'd into the worst bondage of most slauish seruitude : Papists , Romane Catholickes that would haue wrought all our destructions thus ; Should not Iustice , iustly then commaund their actions chiefly to be enquired of . If what hath bene spoken , be vnto your memories committed , you may then consider , that from the eleuenth yeare of Queene Elizabeths Raigne , vntill the third yeare of our now Soueraignes gouernment , the Papists haue continually labored to aduance the supremacy of the Romane Church , which to accomplish they haue contended thirty foure yeares , in which time they haue not omitted to practise Treasons and Rebellions onely amongst vs here at home . But haue also complotted to bring vpon vs Forraine Inuasions , & that from time to time , so soone as they were dismissed of one hope , they presently set a foote some other proiect : both at home and abroad : and still being by the loue and mercy of GOD towards vs continually preuented : At last , taking counsell with hell , and Sathan , they had practised a most hellish attempt . wherein their Diuellishnesse brought it selfe nearest to the nature of the Diuell , making fire and brimstone the instruments of our destruction . And though the principall Actors of that euill , haue thereby themselues destroyed : yet the former experience of their continuall attempting may giue vs warning , that they will not yet sease to attempt , and though that Iesuites and Seminaries haue beene the principall Agents in all the seuerall complotted treasons , and that the Papists amongst vs cannot generally be accused , yet thus much I must say , those persons , and that Religion whereby Iesuites and Seminaries are receiued , protected and concealed , are equally to be accounted daungerous , for were there not such receiuers amongst vs , Romes state , Traytors would not so fast come , swymming from Tyber hither , to arriue at Tyborne , onely , I conclude therefore , that if in great Brittaine , there were no Papists , this Monarchy should be as free from treason as any Nation in the world . But now deare Contrimen , seeing you haue heard what godlesse and dangerous practises haue continually by Romes fauorites beene plotted against vs. I desire that with attention you will vnderstand what it is ( as they say ) for which with such vehemency they contend . The world is made belieue , that the aduancement of Religion is the onely cause for which they striue , wherein they ioyne themselues vnto the Pope , because there is no religion good , but that which is by the Pope allowed , wherein my purpose is to binde all Papists vnto their owne assertion . That Pius Quintus whome those of their side doe account to haue beene a good Pope ( though by false perswasions too much misled ) before the time of his excommunication against Queene Elizabeth denounced , sent his letter vnto her Maiestie , in which hee did allow the Bible , and Booke of diuine seruice , as it is now vsed amongst vs , to bee authenticke , and not repugnant to truth . But that therein was contayned enough necessary to saluation , ( though there was not in it , so much as might conueniently bee ) and that hee would also allowe it vnto vs , without chaunging any parte : so as her Maiestie would acknowledge to receiue it from him the Pope , ( and by his allowanc ) which her Maiestie denying to do , she was then presently by the same Pope excommunicated : And this is the truth concerning Pope Pius Quintus , as I haue faith to God and men , as I haue oftētimes heard it auowed by the late Queene her owne wordes : And I haue conferred with some Lordes that were of greatest reckoning in the State , who had seene and read the letter , which the Pope sent to that effect : as haue bene by me specified . And this vpon my credit , as I am an honestman , is most true . By this then all our English Papistes , either Iesuites or Seminaries may learne to knowe that it is not Religion that they striue for , but onely to maintaine the Antichristian head of Romes vsurpt supremacie . And if there bee in this presence any Romane Catholickes , or so manie of this nation , as shall heare of that which hath now beene spoken . I entreate them , as my deare and louing Countrey men , that they will no longer bee seduced , by any liuing spirite sent from Rome , the Pope , whom they beleeue , hath himselfe allowed , that in our Church , VVe haue a doctrine of Faith and Religion , sufficiently necessarie to Saluation : Deere Countreymen , wee haue then enough , and neede not the helpe of anie Pope , Sythence all the Papistes generally came vnto our Churches before our late Queene Elizabeth was excommunicated . ) Against our Dread Soueraigne there is no Excommunication denounced . In Gods name , then let vs ioyne in our prayers , and Sacraments , and persorme a due obedience to God , and to our King , as wee are all of one Nation , so let vs be all of one Church , and christ beeing onely our head , let vs all desire as in one sheepfolde , to be the sanctified members of his glorious bodie . If there be any Papists so foolish , and altogether reasonlesse , as to expect that in time his Maiestie may be drawne to such alteration , or Tolleration : as they desire . I will them assuredly to know , they hope in vaine , for his Maiestie is , and euer hath beene confidently resolued , in matter of Religion , to continue the selfe same order and profession , which he now professeth . Whereof I will giue you an instance , Since the time of the Earle of Northumberlands Imprisonment , there was amongst his papers found a letter , which was obiected against him in Starre Chamber , when himselfe was called vnto his answere : The letter was directed to the Kings Maiesty , that now is , as he was then King of Scotland . In which amongst other things , the Earle had aduised his Highnesse not to desire to bee proclaimed Heire apparant to this Crowne , nor proclaime Prince Henry to be the Prince of VVales , But to stay the time , vntill the Queenes death . And that then he would resolue at his comming to admit vnto the Catholicks a Tolleration for their religion , which he requested , because the Papists did put some trust in him , to Sollicit that businesse in their behalfe . This letter beeing read , his Maiesties owne answer was shewed : ( Till that time , by Gods owne hand preserued ) to signifie vnto the world ' his religious vnremoued confidence . To the first parte of the Earles letter , his Highnesse answered , that he had no contrary purpose , but to attend Gods leasure . And for his motion concerning the Catholicks tolleration , he was purposed to come vnto this kingdome in peace . But as touching matter of Gouernment , he was resolued neuer to alter anything , either in Church or State. His Maiesties most noble and Kingly resolution , not enduring then to temporize vnder any pretext of humane pollicy . Can it now be thought , that his Highnes will be remoued in matter of Religion , from that Station whereupon his Soules saluation standeth built . Such Papists ( as notwithstanding the impossibility of their hope will still remaine peruerse ) despising to be admonished : Let them know for certainty , that the lawes concerning them , shall receiue a most strict and seuere execution , you therfore of the iury , ought to be very carefull in that businesse . And all the iustices in their seuerall Limits , are in their allegiance to the King , bound in conscience to vse all diligence so to obserue the Papists , as that vnto their houses , there bee not any lesuites or Seminaries intertayned . For there practise , is to Alienate the hearts of our English Subects , from the obedience to their soueraigne . In which imployment , though the Iesuites bee most notorious , yet I account the Seminarie Priests more dangerous ; Because their estimation stealeth to it selfe a better opinion in the hearts of the simple . Notwithstanding , all their worke is directed to one and the selfe same end ; If all good subiects then shall desire the administration of Iustice , according to the Lawes established : they may either be conuerted or supplanted . By whome our subuersion , and vtter supplanting hath so often times beene attempted . I therefore leaue them , their actions and proceedings to be iudged off , and carefullie to be lookt into , by your most mature consideration and best diligence , least that our too too much conueniencie , doth yet vntimely bring vppon vs some dangerous mischiefe . Them and their actions therfore are principally in the first place to be enquired of , and that with such regard as their cunning may be no meanes outreach the meaning of the Statute Law inacted for their punishment , wherin though there be as much concluded , as the wisedome of our state could deuise , in the preuention of any future euill , yet as I heare , the Pope hath already granted such dispensation , as that by their hellish , Sophistrie , of Equiuocating , they may take a course wherein to deceiue our hope of there amendment , but in Gods name let the law prouided , receiue a iust and faithfull execution , & then doubt not , but their faithlesse Popish policie shall be sufficiently preuented . And that in time the most sacred person of Gods anointed King , whome Pope Clement the ninth , cold proudly dare to tearm the scottish Heritike , shall vnderneath his Princely foot tread downe Romes faithlesse Papall proud and Antichristian heresy , & now in hells despight , vertuous King Iames being the Emperiall Maiesty of great Brittaines Monarchy , the strength of whose establisht awfull gouernment , makes the proudest Territories & most strong foundation of earths Babilonde to shake , I doubt not but in his royall selfe and his most blest posterity , as is already by force of his commaunding power , not without iust cause fearfully suspected , the destruction of the scarlet whore shall be made certaine to her , and her adulterates , when they together shall bee with wrath destroyed for the accōplishing of which most glorious worke , let all true beleeuing protestants , like faithfull subiects to their lawfull Soueraigne yeelde there best obedience to his highnesse lawes , and thus much concerning Romane Catholikes . Those that you are in the second place to enquier of , are a second manner of Recusants , though nothing so dangerous as the Popish recusant is , yet are they a Sect not to be tollerated in any Monarchyall gouernment . They are a certaine Brotherhood , which can indure no Bishops : The originall founder of their schisme , as they now professe , it hath ( as some of them say ) turnd an Apostate , to his first profession , so as now they are ashamed of his name , and will by no meanes in their fraternity be deriued from him , yet they remaine knowne to the world , by the name of Brownings . The most part of them are simple , & Illiterate people . And they together with those of that sorte , which seeme to haue learning , are as all the rest , onely arrogant , and wilfully peruerse , fitter to be reformed by punishment , rather then by argument : And though their ignorance vnderstands not what they doe , yet doe their endeauours striue to shake in sunder the whole frame of our Emperiall gouernment , for if ( as they desire ) the forme of our Ciuill Lawes were abrogated , Then should our Common Law , and it of necessity fall togither . For they are so wouen and incorporated each in other , as that without the one , the other cannot stand : for example . An action Reall , beeing brought at common Law , in Bar thereof Bastardy is pleaded , our common Law can then proceed no further , vntill by the ciuill Law the matter of Bastardy be determinned , So is it in the right of a Womans Dowre , and in the tryall of VVills ; In all these , and diuerse others without the Assistance of the ciuill Law , the comon Law hath no power to determine . If then the ciuill Law must of necessity remain , it is no lesse necessary that the iudges therof should be continued . And againe without the graue assembly of our Reuerend Bishops , his Maiesties high court of parliament , should be vnfurnished , no law being there enacted , but that which is by the King , his Lords spirituall and temporall confirmed . These therefore that would haue no Bishops amongst vs , do in their desires striue , from his highnes , and the dignity of his State , to pluck the right hand of gouernment , and as much as in them lyeth to break in sunder , the golden frame of iust Authority for if no Bishops , then no Lawes , if no Lawes , no King ; and to this height doth their presumption clime , although their ideot blindnes seems as if they did not vnderstand so much , the mischiefe of their schisme is most vnsufferable : For neuer was there a nation knowne to flourish hauing a Monarchie in the kingdome , and a Mallachie in the Church . And therfore you of the Iurie faile not to enquire of all such Sectaries and present them . It is therefore the faith full Protestant , that only sets the Crowne vpō our Soueraignes head , & holds it vp so fast , as no opposition can make it shake . And by their loyall hands will Heauen bepleased , to keep it safe from falling , which Mercy in the most Royall issue now established , God for christs his sake cōfirme vnto vs , so long as Sun & Moon endureth . The last sort of Recusants , though trouble some , ( yet in my conscience the least dangerous ) are those which do with too much violence , contend against some ceremonies vsed in the Church , with whose indirect proceedings , in mine owne knowledge , his Maiestie is not a little grieued . But I will hope ( as his Highnesse doth ) that in time , they will grow wise enough to leaue their foolishnesse , and consider that ceremonies not against the Analogie of Faith , nor hindring Faiths deuotion , are no such bug-beares as should scar them from the exercises of diuine duties , nor cause them to disturbe the peace of our Church , whose gouernment is more consonant to Scripture then all the best reformed Churches at this day in the world . You of the Iurie faile not therefore to enquire of their abuses , which doe delay to conforme themselues vnto the lawes obedience , that such of them as doe growe insolent , may not goe vnpunished : And thus much concerning our three sorts of Recusants . Thus hauing touched these groning euills , which beeing well considered , doe cry for iustice against themselues , threatning ( if not suppresse ) To make our Commōwealth to grone vnder the burthē of inforc'd calamity . I will now , from them proceed vnto those growing enormities , whose vngouernd height is already to such imperfectiō grown , as that the iustice of this kingdomes gouernment , receiueth scandall by their meanes , and the publick weale grieued by vniust oppression . I heare a generall complaint against the multiplicity of Ecclesiasticall Courts , and that causes are in them continued longer then an vpright and orderly proceeding would necessarily inforce , by meanes wherof , his Maiesties good subiects , do receiue losse , and are much hindred , by there so often constrayned attendance . But in this Diocesse , I hope the occasion of any such complaints , shall no more be heard of , Because I speake before those reuerned Magistrates , * in whose authority consisteth sufficient power to reforme those abuses already complained vpon , I will therfore insist no further , few words content the wise , what I haue spoken , I know is heard by an approued wisedome . As touching the pennall Statutes for the punishing of any vnreuerent demeanure in Churches , or violence offered to the ministers , or quarrelling stryking , or drawing of any weapon in Church , or Church yard , I know they be ordynary matters , giuen in euery charge . And therfore you are not ignorant of the Lawes in that case made and prouided : I will therfore in respect of the shortnesse of the time , onely point out vnto you some seuerall officers , whose actions not beeing sufficiently looked into , many abuses are committed , which do passe vnpunished . Our common wealth , Receiues much iniurie by our Escheators , who by abusing their cōmission , doe most intollerable wrong , to many of his Maiesties good Subiects , for an Escheator will come into the country , and beeing informed of an honest Yeoman deceased , be it that his Lands , be not aboue the yearly value of forty or fiftie Pounds , & leauing an Heire behind him , an inquiry shall bee made , by what euidence euery acre of ground is holden , and finding but one peece , for which an expresse euidence cannot bee shewed , for that particular parcell , Then by a Iury to that end Summoned by the Escheator , that peece of groūd must be adiudged to be held in Capite . And so an office beeing found : all the whole inheritance must bee taynted , and the yong heire a warde to the King , who then beeing presently Begged by some one or other , by then hee hath compounded for his wardship , sued out his liuery , and then perhaps marryed to one starke naught , or not worth any thing , the yong heire shall bee left iust worth so much , and no more : And this ( as I thinke ) is a most lamentable thing . God forbid that euery man should be inforced by such course , to proue his right in euery particular acre of ground which he hath . For many particular peeces are oft included in one euidence , without being distinguished by seuerall names . So that it is impossible , but by such course , as the Escheator takes , lands that neuer held in Capite , must needs be brought in compasse of such Tenure . And againe , the intent of the Law , for the benefit of the king , looketh only to Manors , Lands , and Tenements of great value , without hauing respect to such petty things . Where an heire to cleare the incumbrance , must ouerthrow his estate , loose his inheritance , and be vndone for euer . But this notwithstanding , so the Escheator may haue his part , in the spoile , he careth not to vse any indirect corruption . You of the Iurie therefore for the good of your selues and yours , carefully looke to the proceedings vsed in this case , and such abuse as you shall find therein , let it be presented . And such as shall bee found offendors , they shall know , that we haue lawes to punish them . For proofe whereof , I would you could find out some , of whom there might be made an example : But if you will be content to let the Escheator alone , and not looke vnto his actions , he will bee contented by deceiuing you , to change his name , taking vnto himselfe the two last syllables , only with the Es left out : and so turne Chetor . We haue then an excellent Officer , surnamed the Clarke of the Market , concerning whose office , for mine owne part , I see not the necessitie thereof , considering the Iustices of peace in their seuerall limmits , are at euery Sessions to enquire of , and to punishall those abuses which are by the Clarke of the market continued , vnder shew of reformation . For he will come downe and call before him all waights and measures , and where a fault is found , there must a Fee be payd , which is deuided betwixt him and the Informer : So the offendor payes for his offence , to the end it might be continued , but not reformed . And thus the Clarke of the market by receiuing bribes , enricheth himselfe , by abusing his Maiesties lawes , and wronging his Subiects . It was once my hap to take a Clarke of the market in these trickes : But I aduanst him higher then his fathers sonne ; by so much as from the ground to the toppe of the Pillorie . If you of the Iurie will therefore haue a care to find out these abuses , by Gods grace they shall not goe vnpunished . For we haue a Coyfe , which signifies a Scull : whereby in the execution of Iustice , wee are defended against all oppositions , bee they neuer so violent . There is a certaine ruffling officer , which will seeme to command much by the authoritie of his Cōmission . And he wil be known to be a Purueyor . Some of which officers , if they can find nothing to be dealing with , they will puruey mony out of your purses : if you will suffer them . But know there is no mony to be purueyed , vnlesse by the high way side , and any Purueyor that shall take such course , is but in his passage , the high way to the gallowes . But to speake of that , which may by them bee lawfully done , admit a Puruey or commeth downe with Commission , to take vp timber for the Kings vse ; What timber is it then that he must take : He cannot come and pull downe any timber in my house , what then ? May he go into any of my woods which I purpose to preserue , and there marke out of my best timber , and inforce me to suffer it to be felled , and carried away at the kings price ? No , There is not any such authoritie granted vnto him . But only thus , If I haue any timber felled , which I purpose to sell : then may the Purueyor ( the King hauing vse of timber ) come and make choise of what trees he will : For there is great reason , that in such case the king should first be serued . But if any of you do desire to preserue your timber growing , be not scared with a Purueyors warrant : Nor do not preserue the standing of your trees , by bribing any one of them . The dignitie of his Maiesties prerogatiue Royall is not vsed to enforce his subiects to indure wrong . But the rust being scoured off , which abused time , hath cast vpon it , then will the glorie thereof shine in the perfection of an vncorrupted brightnesse . You of the Iury therefore looke into the abuses done by Purueyors , and present them . Besides these spoken of . There is also a Salt-peter man , whose Commission is not to breake vp any mans house or ground without leaue . And not to deale with any house , but such as is vnused for any necessarie imployment by the owner . And not to digge in any place without leauing it smooth and leuell : in such case as he found it . This Salt-peter man vnder shew of his authoritie , though being no more then is specified , will make plaine and simple people beleeue , that hee will without their leaue , breake vp the floore of their dwelling house , vnlesse they will compound with him to the contrary . Any such fellow , if you can meete withall , let his misdemenor be presented , that he may be taught better to vnderstand his office : For by their abuse the countrey is oftent times troubled . There is another trouble some fellowe called a Concealer , who is indeed little better then a plaine Cosiner , and would in many things be proued so , if well looked vnto . There by many Satute lawes to preuent the occurrence of his mischiefe , giue him not a peny for any of his claimes or titles : For they are meere illusions , and like himselfe not worth any thing . There be 4 sorts of people , whom if you obserue , you shall find not any of them to thriue . I haue alwayes known them little better then beggers , and may easily be knowne by these names . A Concealer , of whom I haue spoken : vnto whom is rightly ioyned a Promo●ter , a Monopolitan , and an Alcumist : The Promooter is both a begger and a knaue , and may , if well looked vnto , in the part of an Informer , ( For many abuses ) by your information , either be well punished or reformed . Their Office , I confesse , is necessarie : And yet it seldome happeneth , that an honest man is imployed therein : yet there is some hope , that by punishing their abuses , they may at the last bee made honest against their wils . In which imployment , you of the Iurie shall do well to vse a respectiue diligence . As touching the Monopolitane , hee for the most part vseth at a deare rate to pay for his foolishnes : For some of that profession , haue bene so wise , to sell twentie , thirtie , or perhaps fortie pound land a yeare , and bestow most part of the money in purchasing of a Monopolie : Thereby to anoy and hinder the whole Publicke VVeale for his owne priuat benefit : In which course he so well thriueth , as that by toyling some short time , either in Starch , Vineger , or Aquauitae , he doth in the end thereby purchase to himselfe an absolute beggerie , and for my owne part , their purposes and practises considered , I can wish vnto them no better happinesse . But then our golden Foole the Alcumist , he will be striuing to make Gold and Siluer , vntill he leaues himselfe not worth a pennies weight in either of both . I will not deny , but to vnderstand the nature , quintessence , & spirit of the Minerals , out of them to extract a Metaphisicall and Paracelsian manner of Physicke , may according to art becommendable , but by the studie of Alcumie , to desire to turne imperfect mettals into Gold and Siluer , such labour I account ridiculous : And oftentimes by those of this C●micall Science is Fellony comitted : For by any imperfect commixture , to vse multiplication , either in Gold or Siluer , is directly Fellonie by Statute Law : you of the Iurie are therefore to enquire of such offendors , and present them . Because I must hast vnto an end , I wil request that you will carefully put in execution the Statute against Vagarants : Since the making whereof , I haue found fewer theeues , and the Gaole lesse pestered then before . The abuse of Stage players , wherewith I find the Countrey much troubled , may easily be reformed : They hauing no Commission to play in any place without leaue : And therefore , if by your willingnesse they be not entertained you may soone be rid of them . You are also concerning Innes and Alehouses diligently to obserue what the Statute Lawe determineth . As also to keep the orders set down by my honorable predecessor , concerning which , there is now by the appointment of the Lords of the Counsel , certaine Briefes to be deliuered vnto all the Iustices in their seuerall Limmits . And assuredly , if you of the Iurie , pettie Constables , Chiefe Constables , and Iustices of Peace , would together labour that the Lawes carefully Enacted for our good , might receiue a a due and iust execution , abuses would then bee reformed , God and our King faithfully serued and honored . And the tranquillitie of our Publicke weale preserued : which so great happinesse , that it may the better be accomplished , I would request , that all imployed in any place of authoritie , would haue an speciall care to suppresse that root of euill , from whence all mischiefs do proceed , and that is Idlenes : For idle persons are those of whome the Psalme speaketh , They doe wickedly all the day long , they imagine wickednesse vpon their beds , the imaginations of their hearts are euill continually , and such for the most part are all those , giuen ouer to an idle disposition : who by their wickednes do make themselues worse then beasts : For , Homo malus infinitis modis plura mala perpetrauerit quam bestia , an euils man by an infinit manner committeth more euill then a beast . For the reformation of which dangerous euill : you shall do well to haue an especiall eie vnto the company that frequent Tauerns , Innes , Alehouses , Bewling allies , and such like thriftlesse places of resort , where you shall find Tradesmen , and Artificers , , which haue no other meanes whereby to liue , then onely the lawfull vse of their Science , or Manuall profession . And yet such is their vnthriftie idlenesse , as they will spend their time and labors profit , at some , or all the places before recited : whilest their wiues and children sit at home and weepe , wanting necessarie maintenance : Those of such condition , let them be enquired of and presented : For were the Iustice of the Lawe rightly executed vppon such offendors ( they receiuing condigne punishment for their offence ) would be inforced to betake them selues vnto a better course of life , and liue as becometh good Subiects in the list of a more commended obedience . Of that idle company , you shall also finde some of our accounted Gallants young Gentlemen , vpstarts , perhaps honest yeomens sonnes , that by their intemperate Ryote , loue to spend their inheritance before they come to inherit , and being questioned for their chargeable and expensiue manner of liuing , they will brauely answer that they spend nothing but their owne : And will seeme as if they scorn'd to be reformed by admonition or authority . The law prouideth a course whereby to teach such vain & idle royoters so to spend , that they may keepe their own : For when by their misdemenor all their owne is spent ; Then their next course is to liue vpon the goods of others : and then at last , such Gallants turning starke theeues , do make their last period at the Gallowes , reaping to themselues , by an vntimely death , the fruit of idlenesse . There is also a sort of idle seeming Gentlemen , whom if you do obserue , you shall find them walking with a gray-hound in a slip , or a birding peece vpon their necke , and they forsooth will make a path ouer the Statute Lawe , and into any mans Groundes , Lordshippes , or Liberties , passe and repasse at their pleasure : As if it were lawfull for euerie Fellow to keepe a Graye-hound , and to hunt , when and where he listeth , or as if a birding peece were no Gunne , and so not included in the Statute made against Gunnes . But if you would finde out those Fellowes , and present them , they shall be taught to knowe themselues : And that the wisedome of a Kingdomes state , in the framing of a Statute Law , could not be deluded by a vaine and shallow brain'd idlenesse of their ridiculous Foolery . Let them be therfore punished whose misdemenor in this case offendeth . The better to preuent the Ryotous expence of vnthriftie idlenesse , you shall do well to haue a speciall care vnto the Statute for Apparell , by the neglect whereof too much abuse is nourished . As touching all the abuses last recited , haue great respect to punish one abuse , in which all our idle Gallants and disordered disolutes do desire to swim , vntill themselues , and their whole estate do sinke , in the Slymie dregs of Swinelike drunkennes , to drunkards therefore haue especiall heed , you know the Lawe prouideth for their punishmēt , & were such offendors duly presented , Indited , Fined , & imprisoned , they may by such good meanes be in time haply refined from that contagious euill , their continuall amisse , beeing continually with Iustice punished , to the vtter suppressing of such vild occasion : From whence as frō Hels mouth flames forth , Ryoats , murthers , man-slaughters , quarrels , fightings , whoredemes , and presumptuous blasphemies , all proceeding from that sinke of sin , in whose sick healths is dronke the bodies Surfiting , and the Soules damnation . In this , as in all the rest of the abuses specified , vse your best indeauors for the furtherance of a setled Reformation , according to the Lawes established : For you must know , that Vita & , vigor Iuris , in execucione consistit , The life and strength of the Laws , consisteth in the execution of them : For in vaine are iust lawes Inacted , if not iustly executed . And now my louing Countrey men , because I would that all which I haue spoken , may receiue a profitable remembrance . I will thus conclude , Similes and Comparisons doe best confirme our vnderstanding : and do fastest cleaue vnto the memorie ; my conclusion therefore , shall consist vpon this one Similitude . There was a certain man , who hauing a great account to make vnto a mightie King , made triall of his best Friends , that might accompany him , in that dangerous iourney , and not forsake him vntill his account were made . This man vpon his Inquisition found one friend that would go with him a great part of the way , but then forsake him . And that was his ( Riches . ) Some other Friends he found that would goe with him vntill he came in sight of the Kings pallace , but then they would also leaue him and beare him company no further , all these Friends were his wife and children , that would follow him to his graue . But at last , he found one Friend that would go with him into the presence of the King , and not forsake him , vntill he had seene his account made , and for euer beare the greatest part with him , either in woe , or happinesse , and this Friend was his Conscience ; Deare Countrymen betwixt God and your Consciences therefore , make your peace , for he is the King , vnto whom all of vs must make a strickt account of all our actions done ▪ This then considered , such would be our care , as God and our King should be obeyed , and our peace in this life , and in the world to come preserued . Vnto which eternall grace be we all in Iesus Christ committed . FINIS . Notes, typically marginal, from the original text Notes for div A19078-e1010 * The L. Bishop and the Chancellour of that dioces being then present vpon the bench .