take vpoÌ„ him the Place person of a Iudge but did vse all his Friendes and greatest power of meanees to perswade the Senate to alter their determination concerning him and to bestow so great an Office on some other that might more worthily deserue the same Whilest this young man continued in a discontented passion with purpose to desire some good aduice he goeth vnto a faithfull friend of his whom he acquainted with what the Senate purposed and how loath he was to vndertake so high an Office as to be a Iudge His friend vpon hearing the cause presently concluded that hee had great reason to shun the execution of such an Office in the discharge whereof so much danger rested For said he Caue ne sis Iudex inter Amicos because inter Amicos Inditare AmoÌ„gst friends to iudge is a thing nothing more daÌ„gerous And therfore he coÌ„staÌ„tly 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 vpoÌ„ him any such as he accounted dangerous dignitie yet wheÌ„ he vnderstood that the Senat would not be altered in their purpose but that by them the place was decreed vnto him he then determined with himselfe to trie the counsell of some other friend whose Iudgement and Experience might beare some generall note in directing the high affaires to the State belonging And in this purpose he went vnto a certain Nobleman whose prudent wisdome had oft bin vsed in businesse of most wâ—ighty consequence vnto whom when he had laid open his mind shewed his griefe and signified the Senats pleasure The noble Gentleman with pleasant yet graue alacritie of spirit seasoned with the soundnesse of a learned and vnderstanding wisedome did most powerfully aduise that this young man should cheerfully accept so worthy an Office being so freely bestowed vpon him And that he should by no means seeme to neglect the gracious clemencie of supreme authoritie Nor in any sort account it dangerous amongst friends to iudge for in the Office and execution of Iudgement he that is a Iudge Desinet esse Amicus ceaseth to be a friend for in the manner of iudgement no acquaintance no griefes no friends no remembrance of fore-passed present or hope of future friendship must direst the thoughts of him that is a Iudge All that on iudgements seat is done must be because Iustice commaunds the doing thereof and that with no other affection but onely because it is just And therefore said this Noble Gentleman vnto his friend arme thy selfe in the constancie of a conscionable vprightnes and be noe longer loath to execute the Honorable Office of a Iudge but in thy loue to Romes Common-wealth dedicate thy laboures to her publique benifit By the graue and sage aduice of that Honored Lord this yong man was perswaded contrarie to his former purpose with humble thankfulnes to accept that Office which the Senate without any meanes of his was pleased freelie to bestowe vpon him and yet generallie made shewe as if he ment the contrarie and soddainlie preparing a sumptuous Feast vnto which he enuited all his Friends Kinsfolke and familiar acquintance seeming that in regard he did rather choose to leaue his Countrie then to take vpon him the Office of a Iudge he had prouided a BaÌ„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 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 straÌ„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 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 whoÌ„ and of what causes wee are to enquire by vertue of the Commission vnto vs graunted and this last De Quibus is of all the rest the greatest As touching the first word Quis whom or from whom our Commission commeth that is from the Imperiall Maiestie of Great Brittaines Monarchie our dread Lord and Soueraigne King Iames the lawfull Heyre vnto our Kingdomes Throne whose Princely Scepter is his proper owne by a most royall and lineall discent It is his Commission by whose powerfull authoritie we are now and at all times commaunded to doe him seruice for the awfull sway of his Soueraigne gouernment doth ought and must inioyne all his subiects to a due subiection and obedience for he is ouer vs the Lords annointed and in these his Realmes and Dominions in all Causes ouer all Persons as well Ecclesiasticall as Ciuile next vnder Christ Iesus our supreame Gouernour Vnto his Highnesse then let our liues submission bend let our faiths loyaltie dedicate it selfe vnto his vertues praise and for the
long continuance of his Maiesties most happie powerfull and victorious Rule let all good subiects pray Now that I haue spoken from whom our Commission commeth the next word which doth direct my worke is Quibus To whom it is directed that is To vs his Maiesties Iustices of Assise to whome by vertue of the Kings Commission is giuen such power as that in the administration of Iustice wee doe represent the person of our King So as if in the time of the Assises one shall strike another in the presence of the Iudge be it no more then a blow on the eare the Law prouideth That the offendor shall loose his hand wherewith hee gaue the stroake because the offence was done as in the presence of the Prince For the Law hath so much care to protect the person of a Iudge As that if a Iustice of Assisc shall happen by any in his Circuit to be slaine the Law adiudgeth it to bee Lese Crimen Maiestatis An offence done against the Maiestie of the King and is punishable as in cause of Treason To shew the worthinesse of our Place and Office you shall vnderstand That the Kings Maiestie at his Coronation is sworne to doe Iustice vnto all his Subiects which in his owne Person it is impossible to performe And therfore his Highnesse is constrayned by his Ministers Deputies Iustices and Iudges to administer Iustice vnto all his people Men therefore in such place employed ought with wonderous care and conscionable diligence to discharge the trust in them reposed for vnto them and into their hands is as it were deliuered the Kinges owne Oath because what he is sworne vnto must be by them in his behalfe performed See then the dignitie of Iustices and Iudges of Assises Assignauimus vos Iusticiaries nostros We haue assigned you our Iustices that you may administer Iustice vnto our Subiects Thus by the Kings Commission the Kings owne Oath is put into our hands and at this instant in the place and person of a Iudge my Soueraignes Oath into my hand is put I though his vnworthie Subiect am by his gracious clemencie Authorized as in his owne Person according to his owne Oath to administer Iustice vnto you his Subiects Which dutie by Gods assistance as I haue vowed I will faithfully performe For if any with a Kings Oath trusted shall bee so vilde as to falsifie their trust such offence is more then Capitall The Place of a Iudge then the greater that it is so much the more should their care bee to discharge the same vpon whom so weighty an Office and Honorable Authoritie is bestowed From whom our Commission commeth and to whom it is directed hath bin briefely specified I will now proceed and shew out of this word Quid what is in the Commission contained Briefely therefore it is that bounded limit in which solely doth consist the strength of our authoritie beyond which compasse we are commaunded not to passe For it appointeth vnto vs the Iustices of Assises what it is that wee must execute as well in causes betwixt partie and partie as also the King and partie depending So as wee are not onely to heare judge and determine such Causes of Controuersie as shall by Writ of Nisi prius bee tryed but also to examine acquit or condemue all such Prisoners as shall for any offence against his Maiestie bee brought before vs to receiue their Trayall So that by vertue of our Commission wee haue authoritie as in the person of our Soueraigne to judge in causes that doe concerne the life and death of the Subiect That our Commission then is very Large Ample and Absolute contayning in it selfe a powerfull Authoritie may by your selues bee judged And to the end that Iustice may by vs receyue the more full sound and perfect Execution Our Commission when it hath largely described vnto vs what wee may doe therein it then most sweetely doth Appoint Limit and Commaund What manner of dooing wee must vse in those thinges appointed to bee done so that it dooth not onely giue vnto vs authoritie what to execute but dooth also lay downe vnto vs the manner how our Authoritie must bee executed and to the vnderstanding hereof my next word Quomodo doth direct it selfe Wee then the Iustices of Assises and Gaole-Deliuerie are by his Maiestie appointed to administer Iustice vnto his Subiects but Quomodo how not according to our owne Will Conceit or Opinion but Secundum Legem Consuetudinem Maneriae Anglicanae According to the Lawe Custome and Manner of England Which Lawe Custome and Manner must bee executed with Knowledge Iudgement Vnderstanding and Equitie For wee must know our selues and Place wherein wee are Wee must Knowe and Vnderstand each cause before vs brought and according to our Knowledge and Vnderstanding wee must vprightly Iudge according to Equitie without in the least sort beeing drawne by respecting eyther Person or Profite to beare a Partiall Hand in the Execution of Iudgement Partialitie in a Iudge is a Turpitude which doth soyle and stayne all the Actions done by him A Iudge that will bee Partiall will receiue a Bribe and such an one cannot by any meanes bee just in his manner of Iudging Brybes and Partiall dealying dooth defile the Puritie of Iustice with great suspected Euill For a Iudge if but in some things he be knowne to take a Bribe or be approoued Partiall he leaueth no one Action done by him free from the like suspect A Iudge that for a Bribe will speake and but once execute a Iustice purchased all his words Actions for euer after may justly bee suspected though neuer so vprightly done or spoken A Iudge must vprightly with an equall and indifferent eare and minde fully heare and vnderstand each cause before hee judgeth otherwise it is not possible that justice should bee justly executed And to judge in a point of difference hearing but one partie speake is assuredly to be vnjust for this sentence is directly true Qui Indicat causam parte inaudita altera Aequū licet Statuat Iudex iniquus est Who judgeth a cause for the one partie not hearing the other though what he doth may stand to be vpright yet is the Iudge vnjust Our auncient Fathers did in their Pictures and Emblemes oftentimes enclose a very great and substantiall wisedome Iustice as you know vseth euer to bee painted with a Sword in the one hand and a paire of Scales or Ballance in the other thereby signifying That Iustice neuer strikes her Stroke till first the cause be weighed in the Ballance her Blow comes not vntil the weight of the Cause to be tried hath by an vpright hand equally receiued sufficient triall for then she knoweth rightly how to strike her stroke and not before when the glory of her dignity shall receiue perfectious Honor as wel by protecting the Good as in punishing the Bad. Mee thinkes that oftentimes when I ryde by the way I see the Effects of Iustice rightlie resembled when
I behold a Riuer with a siluer currant bounded in her equall course with what just proportion shee doth disperse her streames without bewraying any little rage of intemperate violence But if the passage of that streame bee stopt then how like a raging Sea shee ouer-flowes her banckes and that then by an vnresisted force the Meadowes humble Vallies weake and low growne Shrubs are drowned vp enduring a recure-lesse wracke whilest Hilles Mountaines stand safe from feare of harme Euen so it fareth with vs The equall course of Iustice being stayed the poore meaner sort of people they are ouerwhelmed with wrongs oppression whilest great and wealthy men like Hilles and Mountaines buyld their Stations sure being freed from any cause of griefe Iustice with-held only the poorer sort are those that smart for it Iustice vnto all estates doth measure an euen proportion to rich and poore her met-wand keepes an equall length being sealed with the testimonie of an vpright conscience To Kings Rulers Iudges and Magistrates this sentence is proper Vos Dijestis you are Gods on earth when by your execution of Iustice and Iudgement the God of heauen is by your actioÌ„s represented but if by vs that so are called Gods Iustice and Iudgement be peruerted it will be heauy for our soules when we shall dye like men Briefly the office of a Iudge is patiently to heare each party speake soberly to answere or object directly to see as neere as may bee possible each truth substantially prooued And then to Iudge with an vpright heart according to Iustice and Equitie Neuer in any one thing preferring Conclusion before a conscionable wise and judiciall Consideration In which vprightnesse the execution of Iustice vsed by the Right Honourable my most worthie Predecessor in this place shall be an Example which I will desire to follow Of all the Morall vertues Iustice Queene-like is enthroned for vnto her onely is a Throne ascribed because her Execution doth neerest represent Heauens eternall Deitie Iustice and Mercie are inseparable Vertues Mercie and Iudgement as it was Righteous King Dauids and lately our good Queenes heauenly Elizabeth so it is nowe vertuous King Iames his Song in whose princely breast Mercie and Iudgement are most gloriously vnited And to the end that I his Subiect and in his place his Substitute and you his Subiects may execute Iustice as wee ought I will nowe out of my last word de Quibus declare vnto you of whom and of what Causes wee are to enquire that Iustice and Iudgement may thereby receiue a more cleare and powerfull Execution Those then of whome wee are in the first place to enquire are such by whome our King is most disobeyed his State disturbed and Kingdomes threatened Whereof if you consider it will be euident That all those growing and desperate attempting euils by which wee are most prowdly menaced and Aflicted doe principally proceed from three sorts of Recusants liuing amongst vs. Of all which the Popish Recusant is the most dangerous with our English Romanists will I therefore at the first begin and in the discription of their Actions and practises I doe desire that my wordes may bee entertained with your best Attention Our Worldes Admired Queene Renowned Elizabeth did as you know in the beginning of her Raigne change the State of Religion in this Kingdome in her first Parlament by the consent of her Lordes Spirituall and Temporall being especially by the Lord of Heauen directed Error Popish blindnesse and Faithlesse Constitutions grounded vpon Humaine Traditions were extinct And Religions Puritie according to the Law of Faith was Reestablished being built vpon the vnremoued foundation of the alone Autenticke word Canonicall The bookes of the old and newe Testament from the trueth whereof shee did alwayes direct the course of her so happie and Tryumphant Gouernment Notwithstanding the Change of Religion it cannot bee denyed That for the first tenne yeeres of her Maiesties Raigne the estate of Romaine Catholique in England was Tollerable though some were Committed in the beginning of her CoÌ„ming to the Crowne yet none but those whose precedent Actions had caused the faith of their Allegience to remaine doubtfull and so was the manner of their commitment mixed with such gratious Clemencie As that they rather endured a fauourable restraint then any straight or rigorous imprisonment But aswell those so restrayned as generally all the Papists in this Kingdome not any of them did refuse to come to our Church and yeeld their formall Obedience to the Lawes Established And thus they all Continued not any one refusing to Come to our Churches during the first tenne yeeres of her Maiesties gouernment And in the beginning of the eleuenth yeere of her Raigne Cornewallyes Beddingfield and Silyarde were the first Recusants They absolutely refusing to come to our Churches And vntill they in that sort began the name of Recusant was neuer heard of amongst vs. In the beginning of the eleuenth yeere when three Recusants were onely in this Kingdome to bee found In the same yeere Pope Impius though abusiuely surnamed Pius Quintus his Hellishnes was informed by some of our English Iesuits that such was the number of Romaine Catholiques here in England as that if his Horriblenesse would denounce an Excommunication against the Queene there was in this Realme and Kingdome a power Catholical which would presently vpon an instant be in redinesse to enter into open hostilitie with force sufficient to depose and vtterly to supplant her Highnes and to reestablish the Romaine faith Pope Impius of that name the firste vpon the Information specified the better to seuer his hope in his good meaning to this Kingdome presently plotteth with the King of Spaine for asuddaine Inuasion vpon the present Excommunication of the Queene And to this end one Robert Rodulphy a gentleman of Florence was sent by the Pope vnder colour of Marchandize to sollicit a Rebellion amongst vs. And gaue order vnto him for the receiuing of one hundred and fiftie thousand Crownes to set forward this Attempt And Phillip King of Spaine by the instance of the Pope had determined to send the Duke of Aâ—lna into England with all his forces in the Low Countries To Assist some great men amongst vs who were by the Pope Sollicited to be the principall Agents in a most Rebellious enterprise vnto whome some of the one hundred and fiftie Thousand Crowns was deliuered and some other part sent into Scotland for the like effect Thus as you haue heard euen at the same time when her Maiesty the late Queene delt most mercifully with the Papists did the Pope with them conspire to worke her Ruyne this Kingdomes Ouerthrowe secretly complaning how on sodaine they might bring vpon vs Distructions Spoyle and generall Desolatton when our then Soueraigne that Queene of Vertue knowing Shee had diserued no such euill did not in the least sort suspect any such danger The Pope hauing as he thought surely Established the foundation of his hopes Hee