THE LORD COKE HIS SPEECH AND Charge. With a Discovery of the Abuses and Corruption of Officers. LONDON Printed for Christopher Pursett, dwelling in Holborn next Staple Inn at the sign of Marie magdalen's Head 1607. TO THE RIGHT Honourable the Earl of Exeter, Knight of the most Honourable order of the Garter: and one of the Lords of his Majesty's most Honourable privy Counsel. R. P. wisheth all increase of Honour and endless happiness. MAy it please your Hon. The observation which this world begets, may teach experience truly to report, that Love and Charity are for the most part grown so cold, even in the hottest Sunshine of our Profession, as that despised Poverty, though addicted to the Religious exercise of endeavours commendable, is in the best employment (which seems with greatest favour to smile upon his Hope) so coldly recompensed, as that poor unpitied dejected miserable Poverty knows neither Means nor Place how or where to warm itself. Unhappy I, in this best time of greatest happiness, who being as I am a Poor despised, hated, scorned, and unrespected Soldier so unfortunate as no commended means, though many used, with confirmation both of love and Loyalty, can be of power from dispayers Gulf, to raise a Spirit drowned, in worst of misery: but were I not endeared unto those by heaven made mine, who are indeed, to me, then life, more dear from whom there is no way to run, unless in me, self being be dissolved, I would assueredly by heavens assistance in some honest War with use of Arms, give to my life so long as I should live, a living maintenance: but now Immured in my native home, unseparably Yoked with leane-faced poverty. I have experience to conclude that as it is most certain Pax Procreate Bellum, so is it no less true, that a confirmed Peace, Non amat Fillios belli, until she hath need of them. In this estate no knowing how to mend myself, Religious Law shall make my resolution honest, & though Rerum conditionem mutare non possum, yet I will have power to say Hoc possum magnum sumere animam et viro forti dignum, with patience therefore shall my grieved thoughts joyfully be thrown upon my maker's providence by whose assistance I will still resolve with a constant bosom to persist in the prosecution of commended deeds, for this I know Spes mea, Christo vivens, Est vivere ut semper vivam. And thus, my Honourable Lord, having breathed forth a sight unto the grace of your compassionate respect: I humbly crave your Honour will vouchsafe, to patronize in this little book (by me collected) not my own but the words of that reverend and learned judge, the Lord Coke, who at his coming to Norwich, did at the Assizes thereupon the bench, deliver a charge so excellent as that it worthily deserves to be continued in perpetual memory, which being thus prodused to a public view, I hope it shall unto our Publickeweale remain a worthy persedent, wherein Rome's champions may with shame decern their long continued shameful practices, Puritans & Sismatickes learn to konwe with what Injustice they disturb the happiness of our most happy peace, our justices, inferior officers, jurors, and Commons generally, may in this book find out commended documents and instructions profitable as well directing how to govern as to be governed: all which particulars the learned judge hath wisely handled with such plausible Oratorical wisdoms eloquence, as that when I heard him speak, I thought the Poet had just cause to say, Prospera lux orritur linguisque animisque favete; Nam dicenda bono sunt bona verba die. If therefore in this following work my Memory hath given a true instruction to my pen, I hope my labour shallbe accounted profitable, when it administers a Public benefit. Thus Right Hon. Earl, what I have hereinto performed, together with my most unworthy self, I humbly refer unto your Honoured wisdoms consideration, remaining as I will always rest, Your Honours in all humbleness of Duty, R. P. The Lord Coke, the Preface to his Charge given at the Assizes holden in Norwich, the fourth of August. 1606. BEcause I perceive the time hath more swiftly passed than I did expect: my strife and labour with myself, hath been in myself to abbreviate what I purpose to speak. And though my speech shall principally be directed to you of the jury, which are sworn: yet for that I know the scope and sum of my endeavours are solely dedicated to God's glory and my country's public benefit, I hope that all my words shall extend unto the general good of all these here present; unto whom they are spoken. For I do purpose in my course, as it were with a finger to point out those growing and groaning evils, which do not only for the preset time disturb & hurt our Public Weal, but do also strive, and that with a most dangerous force to deface, ruin, & utterly subvert the Honours of our ancient name, & our now Great Britain's Monarchy. But before the substance of my intended speech receives his purposed beginning, I think it not amiss first to begin with myself, and of myself to speak thus much. There was a certain young Roman, whose youth so directed his labours, with industrious care to attain to knowledge by the reading and study of good letters, as that the Senate of Rome amongst themselves determined to make that young man a judge: thereby with honoured reputation to recompense the travels of his youth, & to give encouragement unto other Roman Citizens by their good endeavours to attain unto like estate & credit in the government of Rome's Public Weal. It happened that shortly after the determination by the Consuls & Senate agreed upon, the young man upon whom the place of a judge should be conferred, coming unto the knowledge thereof, fell presently into a deep consideration with himself about the force & Office of that worthy place whereunto he should be called. And first considered that in his own opinion, he was most unfit: sufficitonly to execute the subctantiall and sometimes dangerous (though most commended duties) properly belonging to so great a dignity. For this young Roman having many Friends, Kinsfolks, & Allies, some of them of such Rank & Place, in the authority of government, as that their love or hate could not aptly draw unto itself a light or trivial respect (amongst whom) this young man thought that coming to be a judge; time might unhappily produce sun such occasion wherein his sentence, in the place of judgement might give distaste, procure enemies, loose Friends & gain suspect of hateful partiality. From which corrupt & most empoisoned evil, though this young Roman did never so much desire, to stand cleared, yet judging amongst Friends, & Kinsfolks, he should assuredly (as he thought) by some detractors, be thereof suspected. The Roman Citizen having thus unto himself presented divers obstricles and Objections, which could not in his own sense receive sufficient contradiction, he resolved by no means to take upon him the Place & person of a judge: but did use all his Friends and greatest power of meanees to persuade the Senate, to alter their determination concerning him and to bestow so great an Office on some other, that might more worthily deserve the same. Whilst this young man continued in a discontented passion, with purpose to desire some good advice, he goeth unto a faithful friend of his, whom he acquainted with what the Senate purposed, and how loath he was to undertake so high an Office as to be a judge. His friend upon hearing the cause, presently concluded, that he 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 judex inter Amicos because inter Amicos Inditare, Among friends to judge, is a thing nothing more dangerous. And therefore he constantly advised, that in any wise he should refuse such honour, though offered unto him: and rather be contented with a mean and private life, then in such a place to be employed: in which he should assuredly lose old friends, and get new enemies. This young man (though thus by his friend advised, and in himself resolved never to take upon him any such, as he accounted dangerous dignity) yet when he understood, that the Senate would not be altered in their purpose, but that by them the place was decreed unto him, he then determined with himself, to try the counsel of some other friend, whose judgement and Experience might bear some general note, in directing the high affairs to the State belonging. And in this purpose he went unto a certain Nobleman, whose prudent wisdom had oft been used in business of most weighty consequence: unto whom, when he had laid open his mind, showed his grief, and signified the senates pleasure. The noble Gentleman with pleasant, yet grave alacrity of spirit (seasoned with the soundness of a learned and understanding wisdom) did most powerfully advise, that this young man should cheerfully accept so worthy an Office, being so freely bestowed upon him. And that he should by no means seem to neglect the gracious clemency of supreme authority: Nor in any sort account it dangerous amongst friends to judge: for in the Office and execution of judgement, he that is a judge (Desinet esse Amicus) ceaseth to be a friend: for in the manner of judgement, no acquaintance, no griefs, no friends, no remembrance of forepassed present, or hope of future friendship must direst the thoughts of him that is a judge. All that on judgements seat is done, must be, because justice commands the doing thereof, and that with no other affection, but only because it is just. And therefore said this Noble Gentleman unto his friend, arm thyself, in the constancy of a conscionable uprightness, and be no longer loath to execute the Honourable Office of a judge, but in thy love to Rome's Commonwealth, dedicate thy labours to her public benefit. By the grave and sage advice of that Honoured Lord, this young man was persuaded contrary to his former purpose, with humble thankfulness to accept that Office, which the Senate without any means of his, was pleased freely to bestow upon him: and yet generally made show as if he meant the contrary. and suddenly preparing a sumptuous Feast, unto which he invited all his Friends, Kinsfolk, and familiar acquaintance, seeming that in regard he did rather choose to leave his Country, then to take upon him the Office of a judge: he had provided a Banquet or Feast, to Banquet with his Friends before his departure: and in some solemn manner would take leave of them all. Who being, as they thought, to this end assembled: did sorrowfully expect the occasion of their grief, by the departure of their friend, which when the young man perceived, he spoke thus unto them. It is true that I purpose as I must, to take my leave 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 account as greatest strangers unto me; Thus must I depart from you, & yet continue amongst you, for by the love, power & authority of the Senate, I am appointed to be a judge, and in the seat of justice, I must forget the remembrance of your former friendships and acquaintance, and only in the person of a judge, with respect to keep my conscience clear, I must with equity & uprightness, justly administer justice unto you all. And this is my cause, by the love & favour of my greatest master King james, in whose royal and gracious disposition I am, (Sinè precationè, vel precatio, without price or request, freely called unto this great Office, by the favour of my King) Unto whose service, my life, and all I have is humbly bound, by him, and by his gracious Clemency, I am thus sent to be a judge amongst my Kinlfolkes and familiar friends, even in bosom of my native Country. I must therefore as the young Roman did, take leave of all former Acquaintance, & do that which is just unto all Estates and Degrees, without partiality. Which duty (by God's permission and assistance) I will faithfully perform, so long as God and my King shall please: that in this place I be employed in the uprightness and equity of judgement, shall all my performance entirely consist. The contrary whereof shall (as I hope) neither be desired nor expected. And thus much for myself. ¶ Here followeth the words of his Charge in Order. AS concerning the manner and Method of my charge, I will for order and memory sake, extract or draw forth all that I purpose to speak, from five words in his majesties Commission contained: the words are these; Quis, Quibus, Quid, Quomodo, and de Quibus. Quis, from whom the Commission cometh; Quibus, to whom it is directed; Quid, what it concerneth; Quomodo, how it ought to be executed; and de Quibus, of whom, and of what causes, we are to inquire by virtue of the Commission unto us granted: and this last, De Quibus is of all the rest the greatest. As touching the first word, Quis, whom, or from whom our Commission cometh, that is, from the Imperial Majesty of Great Britain's Monarchy, our dread Lord, and Sovereign, King james, the lawful Heir unto our kingdoms Throne: whose Princely Sceptre is his proper own, by a most royal and lineal descent. It is his Commission, by whose powerful authority we are now and at all times commanded to do him service: for the awful sway of his Sovereign government doth, aught, and must enjoin all his subjects to a due subjection and obedience; for he is over us the Lords anointed, and in these his Realms and Dominions, in all Causes, & over all Persons, as well Ecclesiastical as Civil, next under Christ jesus our supreme Governor. Unto his Highness then let our lives submission bend; let our faith's loyalty dedicate itself unto his virtues praise: and for the long continuance of his majesties most happy, powerful, and victorious Rule, let all good subjects pray. Now that I have spoken from whom our Commission cometh, the next word which doth direct my work is, Quibus, To whom it is directed, that is, To us his majesties justices of Assize, to whom by virtue of the King's Commission is given such power, as that in the administration of justice we do represent the person of our King: So as if in the time of the Assizes one shall strike another in the presence of the judge, be it no more than a blow on the ear, the Law provideth, That the offendor shall lose his hand, wherewith he gave the stroke, 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 judge: As that if a justice of Assisc shall happen by any in his Circuit to be slain, the Law adjudgeth it to be Lese Crimen Maiestatis, An offence done against the Majesty of the King, and is punishable, as in cause of Treason. To show the worthiness of our Place and Office, you shall understand, That the King's Majesty at his Coronation is sworn to do justice unto all his Subjects, which in his own Person it is impossible to perform. And therefore his Highness is constrained by his Ministers, Deputies, justices, and judges, to administer justice unto all his people. Men therefore (in such place employed) ought with wondrous care, and conscionable diligence to discharge the trust in them reposed: for unto them, and into their hands, is (as it were) delivered the Kings own Oath; because, what he is sworn unto, must be by them in his behalf performed. See then the dignity of justices and judges of Assizes, Assignavimus vos justiciaries nostros, We have assigned you our justices, that you may administer justice unto our Subjects. Thus by the King's Commission the Kings own Oath is put into our hands: and at this instant (in the place and person of a judge) my Sovereign's Oath into my hand is put: I (though his unworthy Subject) am by his gracious clemency Authorized (as in his own Person) according to his own Oath, to administer justice unto you his Subjects: Which duty (by God's assistance) as I have vowed, I will faithfully perform: For if any (with a King's Oath trusted) shall be so wild, as to falsify their trust, such offence is more than Capital. The Place of a judge then, the greater that it is, so much the more should their care be, to discharge the same, upon whom so weighty an Office and Honourable Authority is bestowed. From whom our Commission cometh, and to whom it is directed, hath been briefly specified: I will now proceed, and show out of this word Quid, what is in the Commission contained. Briefly therefore, it is that bounded limit, in which solely doth consist the strength of our authority; beyond which compass we are commanded not to pass: For it appointeth unto us the justices of Assizes, what it is that we must execute, as well in causes betwixt party and party, as also the King and party depending. So as we are not only to hear, judge, and determine, such Causes of Controversy, as shall by Writ of Nisi prius be tried, but also to examine, acquit, or condemue all such Prisoners, as shall for any offence against his Majesty be brought before us, to receive their Trayall. So that by virtue of our Commission we have authority, as in the person of our Sovereign, to judge in causes, that do concern the life and death of the Subject. That our Commission then is very Large, Ample, and Absolute, containing in itself a powerful Authority, may by yourselves be judged. And to the end, that justice may by us receive the more full sound and perfect Execution, Our Commission, when it hath largely described unto us what we may do therein, it than most sweetly doth Appoint, Limit, and Command. What manner of doing we must use in those things appointed to be done, so that it doth not only give unto us authority, what to execute, but doth also lay down unto us the manner how our Authority must be executed, and to the understanding hereof, my next word Quomodo doth direct itself. We then, the justices of Assizes and Gaole-deliverie, are by his Majesty appointed to administer justice unto his Subjects; but Quomodo, how, not according to our own Will, Conceit, or Opinion, but Secundum Legem & Consuetudinem Maneriae Anglicanae, According to the Law, Custom, and Manner of England: Which Law, Custom, and Manner must be executed with Knowledge, judgement, Understanding, and Equity. For we must know ourselves, and Place wherein we are: We must Know and Understand each cause before us brought, and according to our Knowledge and Understanding, we must uprightly judge, according to Equity, without (in the least sort) being drawn, by respecting either Person or Profit, to bear a Partial Hand in the Execution of judgement. Partiality in a judge, is a Turpitude, which doth soil and stain all the Actions done by him. A judge that will be Partial, will receive a Bribe, and such an one cannot by any means be just, in his manner of judging. Bribes, and Partial dealying doth defile the Purity of justice, with great suspected Evil: For a judge, if but in some things he be known to take a Bribe, or be approved Partial, he leaveth no one Action done by him, free from the like suspect. A judge that for a Bribe will speak, and but once execute a justice purchased, all his words & Actions for ever after may justly be suspected, though never so uprightly done or spoken. A judge must uprightly, with an equal and indifferent ear and mind fully hear and understand each cause before he judgeth; otherwise, it is not possible that justice should be justly executed: And to judge in a point of difference, hearing but one party speak, is assuredly to be unjust; for this sentence is directly true: Qui Indicat causam part inaudita altera, Aequum licet, Statuat, judex iniquus est: Who judgeth a cause for the one party, not hearing the other, though what he doth, may stand to be upright, yet is the judge unjust. Our ancient Fathers did in their Pictures and Emblems oftentimes enclose a very great and substantial wisdom: justice (as you know) useth ever to be painted with a Sword in the one hand, and a pair of Scales or Balance in the other; thereby signifying, That justice never strikes her Stroke, till first the cause be weighed in the Balance; her Blow comes not, until the weight of the Cause to be tried, hath by an upright hand equally received sufficient trial: for than she knoweth rightly how to strike her stroke, and not before: when the glory of her dignity shall receive perfectious Honour, as well by protecting the Good, as in punishing the Bad. Me thinks, that oftentimes when I ride by the way, I see the Effects of justice rightly resembled, when I behold a River with a silver currant, bounded in her equal course, with what just proportion she doth disperse her streams, without bewraying any little rage of intemperate violence. But if the passage of that stream be stopped; then how like a raging Sea, she overflows her banks: and that then by an unresisted force, the Meadows, humble Valleys, weak and low grown Shrubs are drowned up; enduring a recureless wrack, whilst Hills & Mountains stand safe from fear of harm. Even so it fareth with us: The equal course of justice being stayed, the poor & meaner sort of people they are overwhelmed with wrongs oppression, whilst great and wealthy men, like Hills and Mountains, build their Stations sure, being freed from any cause of grief: justice withheld, only the poorer sort are those that smart for it. justice unto all estates doth measure an even proportion to rich and poor, her met-wand keeps an equal length, being sealed with the testimony of an upright conscience. To Kings, Rulers, judges, and Magistrates, this sentence is proper Vos Dijestis; you are Gods on earth: when by your execution of justice and judgement, the God of heaven is by your actions represented: but if by us, that so are called Gods, justice and judgement be perverted; it will be heavy for our souls, when we shall die like men. Briefly, the office of a judge, is patiently to hear each party speak soberly; to answer or object, directly; to see (as near as may be possible) each truth substantially proved: And then to judge with an upright heart according to justice and Equity: Never in any one thing preferring Conclusion, before a conscionable, wise, and judicial Consideration. In which uprightness, the execution of justice used by the Right Honourable (my most worthy Predecessor) in this place shall be an Example, which I will desire to follow. Of all the Moral virtues, justice (Queenlike) is enthroned: for unto her only is a Throne ascribed, because her Execution doth nearest represent Heavens eternal Deity. justice and Mercy are inseparable Virtues; Mercy and judgement, as it was Righteous King David's, and lately our good Queens, heavenly Elizabeth: so it is now virtuous King james his Song, in whose princely breast Mercy and judgement are most gloriously united. And to the end, that I his Subject, and in his place his Substitute, and you his Subjects may execute justice as we ought, I will now out of my last word, de Quibus, declare unto you, of whom, and of what Causes we are to inquire, that justice and judgement may thereby receive a more clear and powerful Execution. Those then of whom we are in the first place to inquire, are such, by whom our King is most disobeyed, his State disturbed, and Kingdoms threatened: Whereof (if you consider) it will be evident, That all those growing and desperate attempting evils, by which, we are most proudly menaced and Afflicted, do principally proceed from three sorts of Recusants living amongst us. Of all which, the Popish Recusant is the most dangerous with our English Romanists will I therefore at the first begin, and in the description of their Actions and practices, I do desire that my words may be entertained with your best Attention. Our worlds Admired Queen Renowned Elizabeth, did (as you know) in the beginning of her Reign, change the State of Religion in this Kingdom in her first Parliament, by the consent of her Lords Spiritual and Temporal, being especially by the Lord of Heaven directed, Error, Popish blindness, and Faithless Constitutions grounded upon Human Traditions were extinct. And Religion's Purity according to the Law of Faith, was re-established, being built upon the unremoved foundation, of the alone authentic word Canonical. The books of the old and new Testament, from the truth whereof, she did always direct the course of her so happy and Triumphant Government. Notwithstanding, the Change of Religion, it cannot be denied. That for the first ten years, of her majesties Reign, the estate of Roman Catholic in England was Tolerable, though some were Committed in the beginning of her Coming to the Crown, yet none but those whose precedent Actions, had caused the faith of their allegiance to remain doubtful, and so was the manner of their commitment mixed with such gracious Clemency. As that they rather endured a favourable restraint, than any strait or rigorous imprisonment, But aswell those so restrained, as generally all the Papists in this Kingdom, not any of them did refuse to come to our Church, and yield their formal Obedience to the Laws Established. And thus they all Continued, not any one refusing to Come to our Churches, during the first ten years of her majesties government. And in the beginning of the eleventh year of her Reign, Cornewallyes, Beddingfield and Silyarde were the first Recusants They absolutely refusing to come to our Churches. And until they in that sort began the name of Recusant, was never heard of amongst us. In the beginning of the eleventh year, when three Recusants, were only in this Kingdom to be found. In the same year, Pope Impius, though abusively surnamed Pius Quintus, his Hellishnes was informed by some of our English jesuits, that such was the number of Roman Catholics here in England, as that if his horribleness would denounce an Excommunication against the Queen there was in this Realm and Kingdom, a power Catholical which would presently upon an instant be in readiness, to enter into open hostility with force sufficient to depose, and utterly to supplant her Highness; and to re-establish the Roman faith. Pope Impius of that name the first, upon the Information specified the better to sever his hope in his good meaning to this Kingdom, presently plotteth with the King of Spain for asuddaine Invasion upon the present Excommunication of the Queen. And to this end one Robert Rodulphy a gentleman of Florence, was sent by the Pope, under colour of Merchandise, to solicit a Rebellion amongst us. And gave order unto him for the receiving of one hundred and fifty thousand Crowns, to set forward this Attempt. And Philip King of Spain, 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 us, who were by the Pope Solicited, to be the principal Agents in a most Rebellious enterprise, unto whom some of the one hundred, and fifty Thousand Crowns was delivered, and some other part sent into Scotland for the like effect. Thus as you have heard even at the same time, when her Majesty the late Queen, dealt most mercifully with the Papists, did the Pope with them conspire to work her Ruin, & this kingdoms Overthrow, secretly complaining how on sudden they might bring upon us Destructions, Spoil, and general Desolatton, when our then Sovereign that Queen of Virtue, knowing She had deserved no such evil, did not in the least sort suspect any such danger. The Pope having as he thought surely Established the foundation of his hopes; He then Denounced the Excommunication against the Queen which was not unto herself made known, until the intended Rebellion in the North broke forth, a little before Christmas, in the year 1569, being the twelfth year of her highness Reign. And then it was known, that the Pope had Excommunicated her Majesty. And thereby freed her Subjects as the Bull imported, from their Subjection and Obedience. But God was pleased that the Pope's Bull was so Baited, as that the Rebellion by it procured, was suddenly suppressed; For the Pope whose labour is to defend Lies, was himself deceived with a lie, for the strength of the Papists hear not being such as he was informed, The true hearted Protestants taking part with the Sovereign, did quickly Cut the Throats of our English romans, driving some of the heads of that Rebellion, unto a shameful flight, and brought the rest by our laws justice, to a shameful death. Her Majesty in the thirteenth year of her Reign, having made the Law before specified, the very next year following, out cometh Sanders Book de Visibili Monarchya, wherein he plainly seateth down 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 up Arms, signifying unto them the Pope's Commandment: Alleging, That her Majesty being excommunicated, Her Subjects were released from their Obedience. And therefore he doth Directly justify the said Commotion. Ascribing the evil success thereof to the late publishing of the said Excommunication. Because it was not generally known, until the year after it was Denounced. When Felton had set it upon the Bishop of London's gate. affirming that if it had been published the year before, or when the Rebels were in Arms, they had assuredly prevailed against the Queen, and executed the said. Sentence at the same time, for her deposing from the Crown. Thus Traitorously with more than Brazen Insolence, did that Traitor Sanders spit out his poisoned venom. Thereby desiring to Corrupt the hearts of her highness Subjects, and to make them fit for a new Rebellion, which course by him taken, was Imitated by Parsons, & many others to the like effect. Who ceased not by there Heretical and Lying Pamphlits, with most Traitorous impudency, to abuse her Majesty and the State. And not thus contented, in the year one thousand five hundred seventy and nine, Stukely assisted by Sanders, and other Catholics, both English, Irish, and Italian, with the Pope's Commission, entered into Ireland. The Pope himself, in the furtherance of that Course sending thither certain forces upon his own Charge, Whilst all that time, her Majesty that Queen of mercy was so far from being moved, as that with Patience, she endured all these Injuries, only enforcing that one Law, which as you have heard, she most justly made against them. Whilst Ireland by the Pope's procurement remained in Combustion. It happened that, Pius Quintus died, and Gregory the thirteenth succeeded in his place, who presently Reneweth his Predecessors former Bull, and denounced her Majesty to be Excommunicated, with Intimation of all other particulars in the former Bull mentioned, which done, there was by him sent over into England▪ Campion and Parsons, they came unto us in the year one thousand five hundred and eighty, there coming was to Alienate the hearts of her majesties Subjects, from their due obedience. And to make a party strong to depose the Queen, joining with the Pope, and King of Spain, by whom there was then an intended preparation against us. But the Attempts and practices of them both at that instant failing in England. The Pope as a Temporal Prince, displayeth his Banner in Ireland, with purpose to deprive her Highness. First from that Kingdom, and then by degrees to depose her from this. Notwithstanding so mild was the proceedings of her Majesty against them, as that there were in the space of Ten years, not much above twelve persons, that were by the justice of her Laws adjudged to die, and the most of them seminaries, and all of them Convicted in causes of Treason. Her Majesty when she heard of the second Excommunication, and had seen what followed in her Kingdom upon the first. She was then in all Christian Policy enjoined to prevenr the success of dangers imminent. Her Highness therefore, in the year one thousand five hundred eighty and one, caused a Proclamation to be made for the calling home of her Subjects from beyond the Seas, such especially as were Trained up in the Seminaries, perceiving that they learned nothing there but disloyalty, & Treason. And presently after this her Proclamation, she called a Parliament, wherein a Law was agreeable in effect to the said Proclamation, enforced with a penalty of death, for any jesuit or Seminary Priest, to repair into England, and for any to receive or entertain them, she would willingly that those of such profession, should keep themselves without the Limits of her Kingdom. But if against her will, they would come into her Land to sow the seed of Sedition, and Rebellion amongst her Subjects, and to lay, their plots how to surprise her life, and to make a way for Foreign Enemies with bloody hands to enter upon her Dominions. And by Hostile Invasion to bring her Kingdoms to distructition, and to expose her people unto the Slarie of a servile yoke, What should her Majesty less have done in the prevention of such a Lamentable evil, but to hang up them that were the principal Actors in so bloody and tragical a Tyranny. From the year eighty one, to eighty eight, her Majesty was not free from Continual Traitorous and Rebellious practices, desperately attempted against her life, or intended subversion of her Kingdom. First the Pope's forces being overthrown in Ireland, the Pope and King of Spain, presently joined with the Duke of Guise, for the executing of a most desperate designment against her Majesty. Arden and Someruilde, would have laid violent hands upon her sacred person. Dostor Parrie, intended the like villainy. Northumberland revolted from his Obedience. Mendoza the jesuit, and others of that Crew or Sect, appointed by the Pope to order and Manage these devilish designments. In the year eighty, to forerun the purposed Spanish Invasion, against which time Campion, Parsons, Haywoode, and all the Jesuits and Seminaries, had so bestirred themselves. There is certain books printed beyond the Seas, sent over into England, thereby to prepare the hearts of our people, to join with Spain, and to take up Arms against their Sovereign, with persuasions grounded upon this position. Viz. That in all wars which may happen for Religion: every Catholic man is joined in conscience to employ his person and forces by the Pope's direction, that is, how far, when, where, & how either at home or abroad, he may and must break with his temporal Sovereign, and that upon pain of deadly sin. Upon a foundation so diabolical: What fruits other then devilish can be expected? And yet, do but further note how damnable a spirit is in their books and writings bewrayed. All the Papists in this kingdom, were most violently persuaded, that upon the Spanish invasion, they should all join their greatest force with Spain. It was in them accounted an error of conscience, want of courage, and effeminate dastardy, that they had suffered her Majesty almost thirty years to reign over them. They were threatened with Excommunication, and utter ruin, both of themselves and their posterity, if they did any longer obey and defend, or acknowledge her highness to be their Queen or superior, and did not forthwith join their forces to the Spaniards. And to the end, that this most godless, traitorous, inhuman and unnatural appointment, by subjects to their lawful anointed Sovereign, and native country, might receive the better acceptance; There was used a most insinuating, though faithless manner of persuasion, guilded over with a seeming show of Holiness: (For thus,) our English Roman Catholics were promised) That in the king of Spain's army, there were diverse Priests ready to serve every man's spiritual necessity, by confession, counsel, and all consolation in Christ jesus, and that they should be so assisted by the blessed patrons, both in heaven, and in earth, with the guard of all Gods holy Angels, with our blessed Saviour in the sovereign Sacrament, and with the daily, most holy Oblation of Christ's own dear body and blood. As that it could not fall out otherwise, but that they should assuredly prevail: Hereby may the world perceive in what Angelic manner of brightness Popish doctrine can suit treasons damnable, even as black as hell. You have heard what preparation was provided by the Pope and Papists, for the furtherance of Spain's intended invasion, we will now proceed to matter of action. And but call to our remembrance (that ever to be remembered) powerful wo●ke of God:) for our deliverance in the year 88 The king of Spanes Armada, that admirable, and warlike navy, so well furnished with valiant soldiers, and all munition fit for war, when suddenly we were in danger by a Potent enemy to be surprised, when her late majesties Royal Navy, was scar●ly put forth to sea. And the best ships of strength not fully furnished with shot and powder, as was necessity in so weighty a business: yet to the never dying glory of a maiden Queen, such was her princely power, although at sea but in part ' unprovided, as that by the love and grace of heavens eternal providence, her Majesty by a most noble Battle at sea, even in the presence of her kingdoms Territories, did utterly disperse and overthrow, that surnamed invincible Spanish navy, so that not any Spaniards float, (unless brought captive could arrive) upon her England's shore. Nor but very few of their so much admired fleet of ships, returned to their native home. Thus did God on Queen Elizabeth bestow a glorious victory, even in the despite of Pope, Papist, traitorous jesuits, Seminaries, Monks, Friars, and all the rabblement of that Antichristian See. The power of Spain, was brought against us, by the procurement of our English Papists, and what recompense was intended for them, in the charity of their catholic profession may appear, by that which the Duke of Medina Sidonia affirmed, which was, That both Catholics and Heretics that came in his way, should be all one to him, his sword could not discern them, so he might make way for his master, all was one to him. Thus did▪ Papists, as still they do, desire to work our down fall in the certainty of their own destruction. God having showed his love to our late Queen and kingdom, by that wonderful deliverance before described: The Pope to further his accustomed endeavours, practised with Spain, about a new invasion, and the better to bring his purpose to pass: Parsons, that ancient jesuit, and most notorious traitor, under the Pope, chief governor of all the jesuits, (principal enemies to jesus,) was placed in the Spanish Court, by whose persuasion there was a new Seminary erected at Valedolyde, from whence in three years, there was sent thirteen priests into England, to prepare a passage for the new intended invasion. Whereupon in the year 1591. a Proclamation went forth for the apprehending of all such Priests or Seminaries, as should come from Spain. Because their intention was known unto the State here. But to the end the Devil (the Pope I should say) might want no instruments for the effecting of murders, treasons, and rebellions, by Parson's procurement, more Seminaries were erected in Spain, (and England still troubled with Rome's traitorous disciples.) But the new invasion being twice set on foot, God did so war against their purposes, as that their prepared Navy was at sea, dispersed by storms, so as most of them endured shipwreck. That expectation failing, then was the Infant of Spain entitled to the Crown of England: (and to that end, sundry books divulged) Queen Elizabeth was by them accounted a tyrant: more tyrannical than Nero, Decius, Dioclesian, Maxentius, or any the greatest persecutors of the Christians: Not thus contented, from the year 88 to the year 99 there were continual treasons practised against the Royal person of her late Majesty, Patrick, Collen, Lopez, York, William's, squire, all attempting to murder her Highness. All these attempts, plots, projects, & traitorous stratagems, taking no effect. Then was there from the Pope a new Bull sent, whereby the Papists were commanded to use a formal manner of obedience, until they might grow to be a strength sufficiently strong to depose the Queen. Which expectation once accomplished, then had they power by the said Bull to take up arms against her. Thus they never left continual practising, until a little before her majesties death: about which time, by some of the principal Agents, in the last most horrible treason, there was complotted another Spanish invasion: For the accomplishing whereof, the younger Winter was a messenger unto the king of Spain, and Guydo Fawkes unto the Pope, and a third was employed to the Archduke. The king of Spain at that time being our enemy, entertained Winter's motion, with most kind acceptance, protesting that the English catholics should be as dear unto him, as his home-born castilians, and in love to the intended business, vowed in the word of a king, to defend their safety, (all which, as soldiers say) with policy in war he might do) being then our enemy. But it is a matter clean out of my Element, and therefore I will dispute no further about it: But the Counsel of Spain holding a conference about the managing of the plot by Winter laid. It was objected that there would be want of horse for such a business. Whereupon Winter undertaketh to furnish them with a certain number, and receiveth gold to that end. At last the purposed designment being embraced with a general consent, a soldier standing by, being some Commander, a Captain, or such like, ruffles out this soldier like Latin, Nunc tempus pro nobis erit aliquid obtinere: Now shall it be time for us to get something. But in the midst of this intended preparation, it happened, that her Majesty Royal, and most gracious Elizabeth died: And our now Imperial Sovereign King james, did both inherit her kingdoms and her virtues. His Majesty being with peace established in his royal seat, the king of Spain would no longer embrace his former purposed appointment: Nor would consent, that any thing should against a king be plotted, with whom he never had war: Nor by whom he never received any injury. So as our Papists were in that behalf dismissed of their expected hope: and enforced to seek out some other means; and now I will bewray a secret (I am sure not generally known.) In the discourse whereof I do desire attention. Pope Clement the ninth, who was accounted the last best of many Popes, (all notwithstanding being nought.) He understanding Spain's purpose, as before is specified, concerning an invasion, supposing that the Queen might die before that business took effect: And foreseeing unto whom these kingdoms should of right descend, sent secretly a Bull into England, which was so closely concealed, amongst our Papists hear, as that her Majesty in her life time knew not thereof. (For if she had) I am sure, that by reason of mine employment near unto her: I should have heard if she had known any such thing▪ But assuredly both herself, and the State, were ignorant thereof. But now this Bull being brought to light (which myself have seen & read) it importeth thus much▪ quando contingeret illam miseriman Elizabethan mortuam esse That when that miserable wench Elisabeth should happen to die, Tunc nos volumus, Then we will, that all and every of you, do use your best & uttermost endeavours quibuscunque modis et vi●s, by what strength or means so ever, to keep out the Scottish Heretic, that in any wise he may not be admitted to the kingdom of England, unless he would reconcile himself to Rome, and hold his crown of the Pope, and conform himself and all his subjects to the religion of the Roman Church. This Bull until Garnet was taken, slept in England, being filled with a most proud, scornful and Traitorous boldness. When that miserimam foeminam Miserable woman or wench Elizabeth shall die, had the Papal proud usurper, no other attribute to bestow upon a Queen then Miserable wench? she lived Renowned through all the Corners of the world, she ruled in peace, beloved of all her Subjects, unless those infected with the Roman Leprosy, she was admired, & feared, co●fre●●ing all oppositions, with undoubted confidence, she was a Prince potent enough, to defend her Kingdoms and to help her Neighbours being oppressed with glorious victory she beat Spain from off her coasts, and rifled him in the bosom of his own kingdom, wrapping his towns and ships in clouds of fire and smoke. She swayed the Royal Sceptre of her kingdoms, government with triumphant victory; maintaining peace ámongst her people, even in the world's despite, 44 years her unmatched wisdom, and unconquered prows crowned her the Peerless wonder of her sex: she lived and died a Queen, her life beloved, and her death lamented: And yet for all this, was she no more in the Pope's account, than a miserable wench. Let the Pope's pride sink to hell: whilst heavens Elizabeth (whose blessed soul from earth to heaven is taken) doth, and shall with God and Christ for ever live in the heavenly glory of eternal happiness. Pope Clement the ninth, having by his Bull, as before specified, given commandment that the Papists should by all means howsoever, withhold our now Sovereign from his lawful right. (And notwithstanding that Rebellious Commission,) his Majesty being with great joy peaceably installed. Peersie & Catesby went unto their great Provincial Garnet, & of him inquired, whether the king being as he was already established, they might by virtue of the Pope's Bull, use any means to supplant or depose him, considering they were not of force to withstand his coming at the first. And Garnet answered, that undoubtedly they might, whereupon they presently resolved to put in execution, that most horrible powder treason, the like whereof, until that time, was never to the world reported. Some are of opinion, that if a toleration of religion had been admitted unto the Papists: that then no such bloody stratagem should by any of them have been practised. But if you shall consider the tenor of the Pope's Bull, you may then perceive, that their request of indifferent Toleration was but a colourable pretence in them. For that might not have served their turns: For they were enjoined to work his majesties overthrow, unless he would reconcile himself to Rome, hold his Crown of the Pope, and conform himself and all his subjects to the Religion of the Roman Church: It is not then a toleration only which they seek, nor could they have been contented therewith (although so much shall never be granted unto them.) They may therefore easily despair of the rest (though they the Pope and the Devil) do never so much conspire to bring their Hellborn practices to pass. As touching the last horrid treason, by inhuman savages complotted: I know not what to speak, because I want words, to describe the traitorous, detestable, tyrannical, bloody, murderous villainy of so wild an action. Only this had their horrible attempt taken place. This Sea-Inuyrond-Iland, the beauty, and wonder of the world. This so famous and far renowned great Britain's Monarchy, had at one blow endured a recoverlesse ruin, being overwhelmed in a sea of blood, all those evils, should have at one instant happened, which would have made this happiest kingdom of all kingdoms, the most unhappy. Our conquering Nation, conquered in herself: her fair and fertile bosom, being by her own native (though foul unnatural children) torn in pieces, should have been made a scorn to all the nations of the earth. This so well planted, pleasant, fruitful worlds, accounted Eden's paradise, should have been by this time, made a place disconsolate, avast and desert wilderness, generally overrun with herds of bloud-desiring wolves. This so well governed, Populous, potent Monarchy, had in one moment been left without either King, Queen, Prince, State, Nobility, Law, justice, or any strength of government, suddenly had we then been thrown not only to the cruelty of civil war, that too too murderous Domestic spoiling enemy: But also even in that instant generally have been exposed unto the all-devouring hand of foreign Enemies, in our Congregations, the songs of Zion had no more been sung: But in their steed had been brought unto us the songs of Gehenna sent from Rome: that Satan's synagogue, all our best-freedomes liberty, had by this been turned into the worst bondage of most slavish servitude: Papists, Roman Catholics that would have wrought all our destructions thus; Should not justice, justly then command their actions chiefly to be inquired of. If what hath been spoken, be unto your memories committed, you may then consider, that from the eleventh year of Queen Elizabeth's Reign, until the third year of our now Sovereign's government, the Papists have continually laboured to advance the supremacy of the Roman Church, which to accomplish they have contended thirty four years, in which time they have not omitted to practise Treasons and Rebellions only amongst us here at home. But have also complotted to bring upon us Foreign Invasions, & that from time to time, so soon as they were dismissed of one hope, they presently set a foot some other project: both at home and abroad: and still being by the love and mercy of GOD towards us continually prevented: At last, taking counsel with hell, and Satan, they had practised a most hellish attempt. wherein their Divellishnesse brought itself nearest to the nature of the Devil, making fire and brimstone the instruments of our destruction. And though the principal Actors of that evil, have thereby themselves destroyed: yet the former experience of their continual attempting may give us warning, that they will not yet seize to attempt, and though that Jesuits and Seminaries have been the principal Agents in all the several complotted treasons, and that the Papists amongst us cannot generally be accused, yet thus much I must say, those persons, and that Religion whereby jesuits and Seminaries are received, protected and concealed, are equally to be accounted dangerous, for were there not such receivers amongst us, Rome's state, Traitors would not so fast come, swimming from Tiber hither, to arrive at Tyburn, only, I conclude therefore, that if in great Britain, there were no Papists, this Monarchy should be as free from treason as any Nation in the world. But now dear Countrymen, seeing you have heard what godless and dangerous practices have continually by Rome's favourites been plotted against us. I desire that with attention you will understand what it is (as they say) for which with such vehemency they contend. The world is made believe, that the advancement of Religion is the only cause for which they strive, wherein they join themselves unto the Pope, because there is no religion good, but that which is by the Pope allowed, wherein my purpose is to bind all Papists unto their own assertion. That Pius Quintus whom those of their side do account to have been a good Pope (though by false persuasions too much misled) before the time of his excommunication against Queen Elizabeth denounced, sent his letter unto her Majesty, in which he did allow the Bible, and Book of divine service, as it is now used amongst us, to be authentic, and not repugnant to truth. But that therein was contained enough necessary to salvation, (though there was not in it, so much as might conveniently be) and that he would also allow it unto us, without changing any part: so as her Majesty would acknowledge to receive it from him the Pope, (and by his allowanc) which her Majesty denying to do, she was then presently by the same Pope excommunicated: And this is the truth concerning Pope Pius Quintus, as I have faith to God and men, as I have oftentimes heard it avowed by the late Queen her own words: And I have conferred with some Lords that were of greatest reckoning in the State, who had seen and read the letter, which the Pope sent to that effect: as have been by me specified. And this upon my credit, as I am an honestman, is most true. By this then all our English Papists, either Jesuits or Seminaries may learn to know that it is not Religion that they strive for, but only to maintain the Antichristian head of Rome's usurped supremacy. And if there be in this presence any Roman Catholics, or so many of this nation, as shall hear of that which hath now been spoken. I entreat them, as my dear and loving Country men, that they will no longer be seduced, by any living spirit sent from Rome, the Pope, whom they believe, hath himself allowed, that in our Church, We have a doctrine of Faith and Religion, sufficiently necessary to Salvation: Dear Countrymen, we have then enough, and need not the help of any Pope, sithence all the Papists generally came unto our Churches before our late Queen Elizabeth was excommunicated.) Against our Dread Sovereign there is no Excommunication denounced. In God's name, then let us join in our prayers, and Sacraments, and persorme a due obedience to God, and to our King, as we are all of one Nation, so let us be all of one Church, and christ being only our head, let us all desire as in one sheepfold, to be the sanctified members of his glorious body. If there be any Papists so foolish, and altogether reasonless, as to expect that in time his Majesty may be drawn to such alteration, or Toleration: as they desire. I will them assuredly to know, they hope in vain, for his Majesty is, and ever hath been confidently resolved, in matter of Religion, to continue the self same order and profession, which he now professeth. Whereof I will give you an instance, Since the time of the Earl of Northumberlands Imprisonment, there was amongst his papers found a letter, which was objected against him in Star Chamber, when himself was called unto his answer: The letter was directed to the King's Majesty, that now is, as he was then King of Scotland. In which amongst other things, the Earl had advised his Highness not to desire to be proclaimed Heir apparent to this Crown, nor proclaim Prince Henry to be the Prince of Wales, But to stay the time, until the Queen's death. And that then he would resolve at his coming to admit unto the Catholics a Toleration for their religion, which he requested, because the Papists did put some trust in him, to Solicit that business in their behalf. This letter being read, his majesties own answer was showed: (Till that time, by Gods own hand preserved) to signify unto the world ' his religious unremoved confidence. To the first part of the Earl's letter, his Highness answered, that he had no contrary purpose, but to attend God's leisure. And for his motion concerning the Catholics toleration, he was purposed to come unto this kingdom in peace. But as touching matter of Government, he was resolved never to alter anything, either in Church or State. His majesties most noble and Kingly resolution, not enduring then to temporize under any pretext of human policy. Can it now be thought, that his Highness will be removed in matter of Religion, from that Station whereupon his Souls salvation standeth built. Such Papists (as notwithstanding the impossibility of their hope will still remain perverse) despising to be admonished: Let them know for certainty, that the laws concerning them, shall receive a most strict and severe execution, you therefore of the jury, aught to be very careful in that business. And all the justices in their several Limits, are in their allegiance to the King, bound in conscience to use all diligence so to observe the Papists, as that unto their houses, there be not any lesuites or Seminaries entertained. For there practise, is to Alienate the hearts of our English Subects, from the obedience to their sovereign. In which employment, though the Jesuits be most notorious, yet I account the Seminary Priests more dangerous; Because their estimation stealeth to it self a better opinion in the hearts of the simple. Notwithstanding, all their work is directed to one and the self same end; If all good subjects then shall desire the administration of justice, according to the Laws established: they may either be converted or supplanted. By whom our subversion, and utter supplanting hath so often times been attempted. I therefore leave them, their actions and proceedings to be judged off, and carefully to be looked into, by your most mature consideration and best diligence, lest that our too too much conveniency, doth yet untimely bring upon us some dangerous mischief. Them and their actions therefore are principally in the first place to be inquired of, and that with such regard as their cunning may be no means outreach the meaning of the Statute Law enacted for their punishment, wherein though there be as much concluded, as the wisdom of our state could devise, in the prevention of any future evil, yet as I hear, the Pope hath already granted such dispensation, as that by their hellish, Sophistry, of Equivocating, they may take a course wherein to deceive our hope of there amendment, but in God's name let the law provided, receive a just and faithful execution, & then doubt not, but their faithless Popish policy shall be sufficiently prevented. And that in time the most sacred person of God's anointed King, whom Pope Clement the ninth, cold proudly dare to term the scottish Heretic, shall underneath his Princely foot tread down Rome's faithless Papal proud and Antichristian heresy, & now in hell's despite, virtuous King james being the Imperial Majesty of great Britain's Monarchy, the strength of whose established awful government, makes the proudest Territories & most strong foundation of earth's Babilonde to shake, I doubt not but in his royal self and his most blessed posterity, as is already by force of his commanding power, not without just cause fearfully suspected, the destruction of the scarlet whore shall be made certain to her, and her adulterates, when they together shall be with wrath destroyed for the accomplishing of which most glorious work, let all true believing protestants, like faithful subjects to their lawful Sovereign yield there best obedience to his highness laws, and thus much concerning Roman Catholics. Those that you are in the second place to inquire of, are a second manner of Recusants, though nothing so dangerous as the Popish recusant is, yet are they a Sect not to be tolerated in any Monarchyall government. They are a certain Brotherhood, which can endure no Bishops: The original founder of their schism, as they now profess, it hath (as some of them say) turned an Apostate, to his first profession, so as now they are ashamed of his name, and will by no means in their fraternity be derived from him, yet they remain known to the world, by the name of browning's. The most part of them are simple, & Illiterate people. And they together with those of that sort, which seem to have learning, are as all the rest, only arrogant, and wilfully perverse, fitter to be reform by punishment, rather than by argument: And though their ignorance understands not what they do, yet do their endeavours strive to shake in sunder the whole frame of our Imperial government, for if (as they desire) the form of our Civil Laws were abrogated, Then should our Common Law, and it of necessity fall together. For they are so woven and incorporated each in other, as that without the one, the other cannot stand: for example. An action Real, being brought at common Law, in Bar thereof Bastardy is pleaded, our common Law can then proceed no further, until by the civil Law the matter of Bastardy be determinned, So is it in the right of a Woman's dower, and in the trial of Wills; In all these, and diverse others without the Assistance of the civil Law, the common Law hath no power to determine. If then the civil Law must of necessity remain, it is no less necessary that the judges thereof should be continued. And again without the grave assembly of our Reverend Bishops, his majesties high court of parliament, should be unfurnished, no law being there enacted, but that which is by the King, his Lords spiritual and temporal confirmed. These therefore that would have no Bishops amongst us, do in their desires strive, from his highness, and the dignity of his State, to pluck the right hand of government, and as much as in them lieth to break in sunder, the golden frame of just Authority for if no Bishops, than no Laws, if no Laws, no King; and to this height doth their presumption clime, although their idiot blindness seems as if they did not understand so much, the mischief of their schism is most unsufferable: For never was there a nation known to flourish having a Monarchy in the kingdom, and a Mallachie in the Church. And therefore you of the jury fail not to inquire of all such Sectaries and present them. It is therefore the faith full Protestant, that only sets the Crown upon our Sovereign's head, & holds it up so fast, as no opposition can make it shake. And by their loyal hands will Heaven bepleased, to keep it safe from falling, which Mercy in the most Royal issue now established, God for Christ's his sake confirm unto us, 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 used in the Church, with whose indirect proceedings, in mine own knowledge, his Majesty is not a little grieved. But I will hope (as his Highness doth) that in time, they will grow wise enough to leave their foolishness, and consider that ceremonies not against the Analogy of Faith, nor hindering Faith's devotion, are no such bugbeares as should scar them from the exercises of divine duties, nor cause them to disturb the peace of our Church, whose government is more consonant to Scripture then all the best reformed Churches at this day in the world. You of the jury fail not therefore to inquire of their abuses, which do delay to conform themselves unto the laws obedience, that such of them as do grow insolent, may not go unpunished: And thus much concerning our three sorts of Recusants. Thus having touched these groaning evils, which being well considered, do cry for justice against themselves, threatening (if not suppress) To make our Commonwealth to groan under the burden of enforced calamity. I will now, from them proceed unto those growing enormities, whose ungovernd height is already to such imperfection grown, as that the justice of this kingdoms government, receiveth scandal by their means, and the public weal grieved by unjust oppression. I hear a general complaint against the multiplicity of Ecclesiastical Courts, and that causes are in them continued longer than an upright and orderly proceeding would necessarily enforce, by means whereof, his majesties good subjects, do receive loss, and are much hindered, by there so often constrained attendance. But in this Diocese, I hope the occasion of any such complaints, shall no more be heard of, Because I speak before those reverned Magistrates, * The L. Bishop and the Chancellor of that diocese being then present upon the bench. in whose authority consisteth sufficient power to reform those abuses already complained upon, I will therefore insist no further, few words content the wise, what I have spoken, I know is heard by an approved wisdom. As touching the pennall Statutes for the punishing of any unreverent demeanour in Churches, or violence offered to the ministers, or quarreling striking, or drawing of any weapon in Church, or Church yard, I know they be ordinary matters, given in every charge. And therefore you are not ignorant of the Laws in that case made and provided: I will therefore in respect of the shortness of the time, only point out unto you some several officers, whose actions not being sufficiently looked into, many abuses are committed, which do pass unpunished. Our common wealth, Receives much injury by our Escheators, who by abusing their commission, do most intolerable wrong, to many of his majesties good Subjects, for an Escheator will come into the country, and being informed of an honest Yeoman deceased, be it that his Lands, be not above the yearly value of forty or fifty Pounds, & leaving an Heir behind him, an inquiry shall be made, by what evidence every acre of ground is holden, and finding but one piece, for which an express evidence cannot be showed, for that particular parcel, Then by a jury to that end Summoned by the Escheator, that piece of ground must be adjudged to be held in Capite. And so an office being found: all the whole inheritance must be tainted, and the young heir a ward to the King, who then being presently Begged by some one or other, by than he hath compounded for his wardship, sued out his livery, and then perhaps married to one stark nought, or not worth any thing, the young heir shall be left just worth so much, and no more: And this (as I think) is a most lamentable thing. God forbid that every man should be enforced by such course, to prove his right in every particular acre of ground which he hath. For many particular pieces are oft included in one evidence, without being distinguished by several names. So that it is impossible, but by such course, as the Escheator takes, lands that never held in Capite, must needs be brought in compass of such Tenure. And again, the intent of the Law, for the benefit of the king, looketh only to Manors, Lands, and Tenements of great value, without having respect to such petty things. Where an heir to clear the encumbrance, must overthrow his estate, lose his inheritance, and be undone for ever. But this notwithstanding, so the Escheator may have his part, in the spoil, he careth not to use any indirect corruption. You of the jury therefore for the good of yourselves and yours, carefully look to the proceedings used in this case, and such abuse as you shall find therein, let it be presented. And such as shall be found offenders, they shall know, that we have laws to punish them. For proof 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 look unto his actions, he will be contented by deceiving you, to change his name, taking unto himself the two last syllables, only with the Es left out: and so turn Cheater. We have then an excellent Officer, surnamed the Clerk of the Market, concerning whose office, for mine own part, I see not the necessity thereof, considering the justices of peace in their several limits, are at every Sessions to inquire of, and to punishall those abuses which are by the Clerk of the market continued, under show of reformation. For he will come down and call before him all weights and measures, and where a fault is found, there must a Fee be paid, which is divided betwixt him and the Informer: So the offendor pays for his offence, to the end it might be continued, but not reform. And thus the Clerk of the market by receiving bribes, enricheth himself, by abusing his majesties laws, and wronging his Subjects. It was once my hap to take a Clerk of the market in these tricks: But I advanced him higher than his father's son; by so much as from the ground to the top of the Pillory. If you of the jury will therefore have a care to find out these abuses, by God's grace they shall not go unpunished. For we have a Coif, which signifies a skull: whereby in the execution of justice, we are defended against all oppositions, be they never so violent. There is a certain ruffling officer, which will seem to command much by the authority of his Commission. And he willbe known to be a Purveyor. Some of which officers, if they can find nothing to be dealing with, they will purvey money out of your purses: if you will suffer them. But know there is no money to be purveyed, unless by the high way side, and any Purveyor that shall take such course, is but in his passage, the high way to the gallows. But to speak of that, which may by them be lawfully done, admit a Purvey or cometh down with Commission, to take up timber for the King's use; What timber is it then that he must take: He cannot come and pull down any timber in my house, what then? May he go into any of my woods which I purpose to preserve, and there mark out of my best timber, and enforce me to suffer it to be felled, and carried away at the king's price? No, There is not any such authority granted unto him. But only thus, If I have any timber felled, which I purpose to sell: then may the Purveyor (the King having use of timber) come and make choice of what trees he will: For there is great reason, that in such case the king should first be served. But if any of you do desire to preserve your timber growing, be not scared with a purveyors warrant: Nor do not preserve the standing of your trees, by bribing any one of them. The dignity of his majesties prerogative Royal is not used to enforce his subjects to endure wrong. But the rust being scoured off, which abused time, hath cast upon it, then will the glory thereof shine in the perfection of an uncorrupted brightness. You of the jury therefore look into the abuses done by purveyors, and present them. Besides these spoken of. There is also a saltpeter man, whose Commission is not to break up any man's house or ground without leave. And not to deal with any house, but such as is unused for any necessary employment by the owner. And not to dig in any place without leaving it smooth and level: in such case as he found it. This saltpeter man under show of his authority, though being no more than is specified, will make plain and simple people believe, that he will without their leave, break up the floor of their dwelling house, unless they will compound with him to the contrary. Any such fellow, if you can meet withal, let his misdemeanour be presented, that he may be taught better to understand his office: For by their abuse the country is oftent times troubled. There is another trouble some fellow called a Concealer, who is indeed little better than a plain Cosiner, and would in many things be proved so, if well looked unto. There by many Statute laws to prevent the occurrence of his mischief, give him not a penny for any of his claims or titles: For they are mere illusions, and like himself not worth any thing. There be 4 sorts of people, whom if you observe, you shall find not any of them to thrive. I have always known them little better than beggars, and may easily be known by these names. A Concealer, of whom I have spoken: unto whom is rightly joined a Promoter, a Monopolitan, and an Alchemist: The Promoter is both a beggar and a knave, and may, if well looked unto, in the part of an Informer, (For many abuses) by your information, either be well punished or reform. Their Office, I confess, is necessary: And yet it seldom happeneth, that an honest man is employed therein: yet there is some hope, that by punishing their abuses, they may at the last be made honest against their wills. In which employment, you of the jury shall do well to use a respective diligence. As touching the Monopolitane, he for the most part useth at a dear rate to pay for his foolishness: For some of that profession, have been so wise, to sell twenty, thirty, or perhaps forty pound land a year, and bestow most part of the money in purchasing of a Monopoly: Thereby to annoy and hinder the whole Public Weal for his own private benefit: In which course he so well thriveth, as that by toiling some short time, either in Starch, Vinegar, or Aquavitae, he doth in the end thereby purchase to himself an absolute beggary, and for my own part, their purposes and practices considered, I can wish unto them no better happiness. But then our golden Fool the Alchemist, he will be striving to make Gold and Silver, until he leaves himself not worth a pennies weight in either of both. I will not deny, but to understand the nature, quintessence, & spirit of the Minerals, out of them to extract a Metaphysical and Paracelsian manner of Physic, may according to art becommendable, but by the study of Alchemy, to desire to turn imperfect metals into Gold and Silver, such labour I account ridiculous: And oftentimes by those of this C●micall Science is Felony committed: For by any imperfect commixture, to use multiplication, either in Gold or Silver, is directly Felony by Statute Law: you of the jury are therefore to inquire of such offenders, and present them. Because I must hast unto an end, I will request that you will carefully put in execution the Statute against Vagarants: Since the making whereof, I have found fewer thieves, and the jail less pestered than before. The abuse of Stage players, wherewith I find the Country much troubled, may easily be reform: They having no Commission to play in any place without leave: And therefore, if by your willingness they be not entertained you may soon be rid of them. You are also concerning Inns and Alehouses diligently to observe what the Statute Law determineth. As also to keep the orders set down by my honourable predecessor, concerning which, there is now by the appointment of the Lords of the Counsel, certain Briefs to be delivered unto all the justices in their several Limits. And assuredly, if you of the jury, petty Constables, Chief Constables, and justices of Peace, would together labour that the Laws carefully Enacted for our good, might receive a a due and just execution, abuses would then be reform, God and our King faithfully served and honoured. And the tranquillity of our Public weal preserved: which so great happiness, that it may the better be accomplished, I would request, that all employed in any place of authority, would have an special care to suppress that root of evil, from whence all mischiefs do proceed, and that is Idleness: For idle persons are those of whom the Psalm speaketh, They do wickedly all the day long, they imagine wickedness upon their beds, the imaginations of their hearts are evil continually, and such for the most part are all those, given over to an idle disposition: who by their wickedness do make themselves worse than beasts: For, Homo malus infinitis modis plura mala perpetrauerit quam bestia, an evils man by an infinite manner committeth more evil than a beast. For the reformation of which dangerous evil: you shall do well to have an especial eye unto the company that frequent Taverns, Inns, Alehouses, Bewling allies, and such like thriftless places of resort, where you shall find Tradesmen, and Artificers,, which have no other means whereby to live, then only the lawful use of their Science, or Manual profession. And yet such is their unthrifty idleness, as they will spend their time and labours profit, at some, or all the places before recited: whilst their wives and children sit at home and weep, wanting necessary maintenance: Those of such condition, let them be inquired of and presented: For were the justice of the Law rightly executed upon such offenders (they receiving condign punishment for their offence) would be enforced to betake themselves unto a better course of life, and live as becometh good Subjects in the list of a more commended obedience. Of that idle company, you shall also find some of our accounted Gallants young Gentlemen, upstarts, perhaps honest yeoman's sons, that by their intemperate riot, love to spend their inheritance before they come to inherit, and being questioned for their chargeable and expensive manner of living, they will bravely answer that they spend nothing but their own: And will seem as if they scorned to be reform by admonition or authority. The law provideth a course whereby to teach such vain & idle royoters so to spend, that they may keep their own: For when by their misdemeanour all their own is spent; Then their next course is to live upon the goods of others: and then at last, such Gallants turning stark thieves, do make their last period at the Gallows, reaping to themselves, by an untimely death, the fruit of idleness. There is also a sort of idle seeming Gentlemen, whom if you do observe, you shall find them walking with a grayhound in a slip, or a birding piece upon their neck, and they forsooth will make a path over the Statute Law, and into any man's Grounds, Lordships, or Liberties, pass and repass at their pleasure: As if it were lawful for every Fellow to keep a Graye-hound, and to hunt, when and where he listeth, or as if a birding piece were no Gun, and so not included in the Statute made against Guns. But if you would find out those Fellows, and present them, they shall be taught to know themselves: And that the wisdom of a kingdoms state, in the framing of a Statute Law, could not be deluded by a vain and shallow brained idleness of their ridiculous Foolery. Let them be therefore punished whose misdemeanour in this case offendeth. The better to prevent the Riotous expense of unthrifty idleness, you shall do well to have a special care unto the Statute for Apparel, by the neglect whereof too much abuse is nourished. As touching all the abuses last recited, have great respect to punish one abuse, in which all our idle Gallants and disordered disolutes do desire to swim, until themselves, and their whole estate do sink, in the Slimy dregs of Swinelike drunkenness, to drunkards therefore have especial heed, you know the Law provideth for their punishment, & were such offenders duly presented, Indicted, Fined, & imprisoned, they may by such good means be in time haply refined from that contagious evil, their continual amiss, being continually with justice punished, to the utter suppressing of such vild occasion: From whence as from Hell's mouth flames forth, Ryoats, murders, manslaughters, quarrels, fightings, whoredemes, and presumptuous blasphemies, all proceeding from that sink of sin, in whose sick healths is drunk the bodies Surfiting, and the Souls damnation. In this, as in all the rest of the abuses specified, use your best endeavours for the furtherance of a settled Reformation, according to the Laws established: For you must know, that Vita &, vigour juris, in execucione consistit, The life and strength of the Laws, consisteth in the execution of them: For in vain are just laws Enacted, if not justly executed. And now my loving Country men, because I would that all which I have spoken, may receive a profitable remembrance. I will thus conclude, Similes and Comparisons do best confirm our understanding: and do fastest cleave unto the memory; my conclusion therefore, shall consist upon this one Similitude. There was a certain man, who having a great account to make unto a mighty King, made trial of his best Friends, that might accompany him, in that dangerous journey, and not forsake him until his account were made. This man upon 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 go with him until he came in sight of the King's palace, but then they would also leave him and bear him company no further, all these Friends were his wife and children, that would follow him to his grave. But at last, he found one Friend that would go with him into the presence of the King, and not forsake him, until he had seen his account made, and for ever bear the greatest part with him, either in woe, or happiness, and this Friend was his Conscience; Dear Countrymen betwixt God and your Consciences therefore, make your peace, for he is the King, unto whom all of us must make a strict 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 preserved. Unto which eternal grace be we all in jesus Christ committed. FINIS.