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.
[Page]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 [Page] 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 [Page] 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 linguis (que) animis (que) 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 shalbe 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,
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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 Bā quet 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.
[Page]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 strā gers 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 [Page] 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 [Page] 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, [Page] 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 [Page] 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 [Page] 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: [Page] 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.
[Page]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; [Page] 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 [Page] 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 [Page] 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 [Page] 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.
[Page]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: [Page] 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 [Page] 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, [Page] 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, [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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, [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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, [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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; [Page] 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, [Page] 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, The L. Bishop and the Chancellour of that dioces being then present vpon the bench. 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, [Page] 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 [Page] 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.
[Page]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 wilbe 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 [Page] 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 [Page] 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 [Page] 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: [Page] 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 [Page] 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, [Page] 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 [Page] 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 [Page] 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.