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A19623 A short declaration of the ende of traytors, and false conspirators against the state & of the duetie of subiectes to theyr soueraigne gouernour: and wythall, howe necessarie, lawes and execution of iustice are, for the preseruation of the prince and common wealth. Wherein are also breefely touched, sundry offences of the S. Queene, co[m]mitted against the crowne of this land, & the manner of the honorable proceding for her conuiction thereof, and also the reasons & causes alledged & allowed in Parliament, why it was thought dangerous to the state, if she should haue liued. Published by Richard Crompton, an apprentice of the common lawes. Seene and allowed. Crompton, Richard, fl. 1573-1599. 1587 (1587) STC 6055; ESTC S109080 31,136 50

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Realme and to vs all That shée would solemnly haue vowed and taken an othe that she would not haue attempted any thing to the hurt of her Maiesties person Shée had already sundry time falsifyed her word her writing her othe and held it for an Article of Religion That faith was not to be holden with Heretickes of which sorte shee accounted her Maiestie and all the professors of y e Gospell to be And therfore there was little reason to trust her in that whereof she made so small a conscience As for banishment that was a step de malo in pei●…s to sette her at libertie béeing athing so greatly desired and thirsted for by her adherents and by some Princes her Allies who sought her enlargement chiefly tomake her a head to be sette vp against her Maiesty in time of inuasion Upon all which reasons and matters opened and petitiones made to her Maiestie as is aforesayd she not withstanding thought good very necessary in so great a cause to deliberate as by her most wise and graue answers to the premisses in the sayd Treatise set downe among other things plainely appeareth and afterward the sayd Scottish Quéene was executed in the Castle of Fodringham in the County of North-hampton where she was most carefully kept vnder the charge of that right honourable trusty and right faythfull Counseller to her Maiesty Sir Amyas Pawlett Knight on Wednesday the 8 of Feburary 1586. And the next day after there were Bonfiers ringing of Belles and singing of Psalmes by children and many others at the sayd fiers in the Cittie of London whereby appeareth that the people were ioyfull that so daungerous an enemie to this Common wealth was taken away Let me Remember the most vnnaturall and horible murder of the two sennes of C. 4. committed by the cōmaundement of K. Richard the third who thereby attayned the crowne and was afterwardes slaine in the battaile of Bosworth in Leicestershyre ●…y the Earle of Richmond who succéeded him in the crowne by iust title whose deade corpes was layd crosse vpon an horse and so brought to Leycester his legges and armes hanging downe all naked be sprinckled with turt and blody with such woundes as he receiued in the fielde and there buryed basely without any manner of solemnity a inst plague of God and a most worthy spectacle for so monsterous an acte and likewise how H. 4. hauing obteyned the crowne rather by force then lawfull succession doubting that he could not bee in saftie thereof so longe as R. 2. dyd lyue caused the sayd R. 2. to bee destroyed in Pomfret Castell whereupon great troubles and sundry insurrectiones within this Realme did happen vnto hym and though hee dyed possessed of the Crowne yet H 6. his sennes sonne was put from the same by E. 4. as Grafton dooth set it downe whereby the olde saying appeareth to bee true De rebus male partis vix gaudebit tertius haeres By these examples you may see how almightie God hath punished euen Princes which haue conspyred or opposed themselues or laid violent handes vpon the Lordes annointed and not spared the ofspring of the offender in that behalfe And because some will perhaps say that the Quéenes Maiestie could not procéede against the sayde Scottishe Quéene as is aboue mencioned in respect of the dignity of her person therefore although the sayd tryall by the sayd Commission and Estatute and resolution of the reuerend Iudges of the Lawe therein and that her Maiestie might haue tryed her by course of the Common Lawes ought to satisfie euery dutifull Subiect in y t behalfe yet it shal not be in vaine beere to set downe some authority for confirmation of theyr graue and sounde iudgement in this procéeding Wherevpon it is to bee noted that there is no difference in our Lawe betwixt naturall Subiect of this Realme and a méere Straunger or Alyen borne that in time of peace shall come into thys Realme and committe any offence there for which any naturall subiect thereof should incurre the iudgment eyther of felony or treason but the same straunger or Alien shalbe also in the same state or degrée For example in the case of Felony it appeareth by a Recorde in the thyrde yeere of King Edwarde the sixt that Charles Gauare a Spaniarde for murthering of one Gambo in England was attainted and executed for the same in Smithfield And for example of treason it appeareth by a Recorde in the third and fourth yéeres of Phillip and Mary that one Iohn Sharles a Frenchman in the time of peace betwixt the sayd Phillip and Mary and the French King with one Stafford an Englishman dyd rebelliously take y e Castle of Scarborough in the North partes of thys Realme and the same detayned certayne dayes for which they bothe were arraigned and attainted of treason for such taking or detayning is a leuying of warre against the Prince and therefore it is treason and the inditement wherevpon they were arraygned was contra legianciae suae debitum that is against the duetie of their allegiaunce but if it had béene in the time of warre betwixt the sayd Princes then it had béene treason only in Stafford and the other should haue béene counted but an enemy to bée raunsemed according to the law of Armes But it may be that some wyll say that the sayd examples proue nothing in this case for y t she was a Quéene To that I aunswere though she so were yet shee was not our Quéene neither were we subiects to her and that which almighty God sayth by hys Prophet Dauid Touch not mine annointed did not exempt the sayde Scottish Quéene but she was to bee taken of necessitie as a Subiect and ordered by the Lawes of thys Lands so long as she was resident héere sith she had not anye tytle to the Crowne of thys Land for otherwise if any forraine Prince in the time of peace shoulde come into an others Kingdome and should enter into any offence against the Crowne as ioyne with the Subiect to leauy warre against that Prince or conspyre hys death and should not therefore be punished by the Lawe of that Land euery Prince might be destroyed and state subuerted And nowe to returne againe to the matter touching the duety of Subiects to theyr Prince There is a saying in the tenth of Ecclesiastes verye notable where it is written thus Wish no euill to the King in thy thought nor speake any hurt of him in thy priuie Chamber for the byrdes of the ayre shall betray thee and wyth theyr winges shall bewray thy voyce And surely it is most true for though theyr conspyracies be neuer so secrete theyr treasons neuer so cunninglie contriued yet God doth in tymes alwayes reueale them to the destruction of the parties to the same as by the sayde examples may appeare Nowe for proofe by the word of God that it is not lawfull for the Subiect to touch the
A short declaration of the ende of Traytors and false Conspirators against the state of the duetie of Subiectes to theyr soueraigne Gouernour and wythall howe necessarie Lawes and execution of Iustice are for the preseruation of the Prince and Common wealth Wherein are also breefely touched sundry offences of the S. Queene cōmitted against the crowne of this Land the manner of the honorable proceding for her conuiction thereof and also the reasons causes alledged allowed in Parliament why it was thought dangerous to the state if she should haue liued Published by Richard Crompton an Apprentice of the common Lawes Séene and allowed ECCLESIA 10. Wish no euill to the King in thy thought nor speake anie hurte of him in thy priuie Chamber for a byrde of the ayre shall betray thy voyce and with her fethers shee shall bewray thy wordes AT LONDON Printed by I. Charlewood for Thomas Gubbins and Thomas Newman 1587. To the most reuerende Father in God Iohn by the diuine prouidence Archbyshoppe of Canterbury Metrapolytane of England hys Grace and one of her Maiesties most honourable priuie Counsell Rychard Crompton wysheth euerlasting felicitie ⸫ FOrasmuch most reuerend Father as these dayes are very dangerous and full of perill in which wickednes hath so deepely entred into the hartes of manye who not hauing the feare of GOD before theyr eyes nor regarde to the faith and loyaltie which euery Subiecte ought to beare to his soueraigne Gouernour nor respect to the zeale and loue that euery good manne naturally ought to carie to his natiue soyle and Country haue in these dayes so often entred into such wycked treasons and conspiracies as well against her Maiesties sacred personne as also this most happy gouernement as the like hath not beene hearde of in the raigne of any her noble Progenitors Princes of thys Lande sithence the Conquest thereof vnto this day And for that the same hath beene pretended to bee for matters touching Religion I haue therefore set down in this smal Treatise the myserable end confusion of dyuers which within our memory among vs most iustly haue suffered for such their wicked conspiracies and treasons and withall the duties of Subiects to theyr Prince and soueraigne Gouernour both which at the generall Sessions of the Peace in the Countie of Staff among other thinges pertayning to that seruice I lately published as a matter which I thought then much necessary for this present time to the ende that the one might be a terror to all men to offende in the like and the other an instruction in the duetie obedience which euery good Subiect ought to embrace And because some of that audience seemed as they sayd to like wel therof thought it in theyr opinions conuenient to bee made common to all men I haue at theyr request thought good to publish the same And forasmuch as no Kingdome nor Common wealth can stand where good Lawes are not established and Iustice executed I haue therefore also heerein sette downe in parte the commodities and profittes which grow to the same thereby And because the Lawes of themselues are dombe thinges remayning in Recordes Bookes and Customes and must therefore be published and put in execution by officers thervnto appointed I haue shewed what personnes they ought to bee which shoulde bee called to sitte in place of Iustice and to whom the trust and confidence of the execution of Lawes ought to bee committed and what great care they ought to haue to performe the same and withall haue touched the duties of Iurors and what regarde they ought to haue of theyr oathes verdytts and presentments sith that without them iustice cannot be doone vppon offenders transgressors of Law cannot be punished And am bolde vnder your Graces fauour to present these fewe leaues to the same as to one who I am assured wysheth well to this whole state and daylie prayeth for the presertation of her Maiestie whom God of his mercie long preserue and continue vnto vs. From the Myddle Temple the xij of Februarie 1587. ⸫ At the commaundement of your Grace most humbly R. C. ❧ A Declaration of the ende of Traytors and false Conspirators agaynst the state and of the duties of Subiects to theyr Prynce and soueraigne Gouernour c. IF euer Kingdome were blessed if euer Nation enioyed happy dayes if euer people liued in a golden age surelie this is that Kingdome we are that Nation and we are that people First in that it hath pleased God to gyue vs the light of his Gospel wherby manie errors and much superstition which hath crept into the Church of God are reformed Then in that it hath pleased him to giue vs so gracious a Soueraigne Ladie and Quéene not a forreyner not a stranger borne but one of our owne Nation which is obserued as a great blessing of God in the sacred Scriptures and of the right lyne and dyssent of the Noble Kinges and Princes of this Realme One by and vnder whom we haue enioyed such common peace quietnes within this lande these xxviij yeres and more as the like hath not béene hearde of neyther is to be found in Recorde or Chronicle since the Conquest of England to this day for the like time of gouernment One desirous to raigne with mercy with loue with pittie with clemencie and fender compassion and not by effuston of bloode not by tyrannie not by oppression of her Subiects neither alwayes by inflicting the extremitie of her Lawes vpon such as iustly haue deserued the execution of the same In that also it hath pleased him to assist her with such graue sage and honourable Counsellers men of such great wisedome of such déepe consideration of such pollicie forecast and experience as to speake it plainely and simply no Prince vnder y esunne is furnished with the like or at the least with a better By whose great wisedomes trauelles and indeuoures this common peace and quietnes hath béene the rather preserued and maintained If any thing hath béene purposed or meant which might any way tende to the daunger of her Maiesties person or to the trouble or perill of this state that hath béene by them quickly espied déepelie looked into and with great wisedome and pollicie in time preuented and auoyded to their immortall fames glories and renownes for euer Whereby the saying of the wise Salomon is founde to bee true Happy is that kingdome where there are many that can giue good counsell And Iesus the sonne of Syrack saith Where they that are in authoritie are men of vnderstanding there the citty doth prosper And again Salomon sayth Where no counsell is there the people decay But where many are that giue good counsel there is wealth If you well consider and looke into the ciuill warres and discention into the horrible murders of great personages into the pittifull slaughter of menne women and children by fire and sword into
the lamentable rauishments deflowringes of Maydes Wiues and Widdowes into the ransacking and spoyling of Citties and Townes with a number of other miseries and calamities which haue happened of late yéeres in other Countries not farre hence you shall finde that this Realme of England aboue all Nations vnder the Sunne at this day hath moste cause to thinke it selfe bounde to the goodnes of almighty God In that hee hath not suffered vs to be afflicted or visited with the like And now what shall I say of them to whom this her Maiesties most gracious gouernment these happy daies these blessed yéeres haue béene thought tedious and too long to haue continued and therefore haue most vnnaturally most wickedly yea and moste trayterouslie sought the vntimely death and destruction of her vnder whom by Gods great mercy and fauour towardes vs we haue enioyed all these good thinges Shall I say they were vnkinde people Shall I say they were vnnaturall Subiects Nay I will rather say that they were and such as they are more méete to liue vnder an Infidell vnder a Turke vnder a Iewe vnder a blooddy Prince or Tyrant rather then vnder so gracious and so mercifull a soueraigne Ladye and Quéene as she hath shewed herselfe to be to all sortes of her Subiects euen from the beginning of her blessed raigne to this day whereof we are all witnesses What good Subiect will not hartilie lament to thinke what sorrow her Maiestie dooth make what inwarde gréefe shée hath conceiued what déepe sighes procéede from her noble hart what teares distill from her tender eyes as we may imagine and suppose when she calleth vnto her gracious remembraunce the greate loue which she doth and alwayes hath born to her good Subiects the dailie care she hath of their prosperitie and well dooing her continuall desire that they may liue in peace and rest vnder her To haue this her loue so vnkindlie requited her care so vngentlie recompenced her desire so vngratefullie rewarded as to haue her death so often conspyred her destruction so many waies intended and this her most happie gouernment many times trayteroustie deuised to bee suppressed where it is the part and duetie of euerie good Subiect to be true faithfull obedient and loyall to his Prince and soueraigne Gouernour whom God hath appointed to raigne ouer him though her Maiestie by these her manifold kindnesses had not as she hath merited and deserued the same But most gracious soueraigne Lady let not these theyr wicked and trayterous conspiracies dismay you let them not discourage you but be of good comfort and doubt not but as almighty GOD hath hetherto most graciouslie saued and defended you from the most wicked purposes of such as haue so often most trayterously practised and pretended your vntimelie death and destruction so he will protect you from the like her eafter doubt not but he will sende his holie Angell who shall pitch his Tentes rounde about you that theyr damnable deuises and determinations shall neuer take effect Doubt not but that he will be your strength Buckler for he is and euer will be the sure defence of his annointed as the Prophet Dauid witnesseth Comfort your selfe also in this that there are within your Realme of England euen thousand of thousands which according to their bounden dueties doo dayly most hartilie pray to God for the preseruation of your sacred personne that will shedde their bloodes spend their lands and goods in your defence before such wicked Traytors or their adherents shall euer haue their purposes Comfort your selfe also in this that you haue so graue and faythfull a Counsell that is most studious and carefull of the safetie of your noble person and this state that can so politiquelie spie out these wicked Conspirators and trys out their most deuillish deuises tending to your Maiesties vntimelie death and to the vtter subuersion and ruine of this your most happie gouernment that can so in time preuent the manifolde perilles and daungers which otherwise might by such treasons haue ensued vnto the same Comfort your selfe also in this that they euen they I say which haue thus conspired to take your Maiesty from vs when they haue come into your presence meaning then to haue accomplished theyr most trayterous purpose haue béene so diswayed vpon the sight of your princely person and in beholding your most gracious countenaunce that they hadde no power to performe the thing which they had before determined vppon A most certaine token of the great mercie and fauour of God towardes your Maiestie and to vs all If it were lawfull for the Subiect to enter into the examinations of causes or matters appertayning to y e Prince and soueraigne Gouernour as it is not what coulde these sortes of men I pray you obiect or what coulde they say why they thus most wickedly thus most vnnaturallie and thus most trayterously shoulde séeke the death and destruction of so gracious a Soueraigne Ladie and Quéene It is trowe you because they thought that her Maiestie is not studious to sette forth the honour and glorie of God Compare the time present with the great abuses which haue entred into the Church of olde time and thereby you shall plainely perceiue howe carefull shée is and from time to time hath béene to aduaunce the true worshipping of God to the vttermost of her power Is it trowe you because they thought that she hath not made and published wholsome and necessary Lawes for the preseruation and mayntenaunce of the state of thys Common wealth Looke into the most gracious Acts of Parliament made in her time and you shall finde as good as necessary and beneficiall Lawes published by her most high Courtes of Parliament as better or more necessarye haue not béene giuen by the like authoritie in any Princes time héeretofore Is it because they thought that her Maiestie is not desirous that right and iustice shoulde bee ministred vnto all sortes of her Subiects without respect of personne Looke into the procéedinges of her most honourable Counsell in her high Court of Starre Chamber and there you shall sée the causes of her people iudiciallie brought before them so indifferentlie examined so déepely looked into and with such greate wysedome and equitie ordered and decreed that euerye man hath iust cause therewith to content himselfe Againe looke into the procéedings of her graue and sage Iustices of her Lawes And you shall finde the causes of her Subiects brought before them so learnedly debated so vprightly handled and with such equitie adiudged and determined according to the Lawe that no man can therewith iustlie finde fault Is it trowe you because they thought that her Maiestie is not mercifull to such as are transgressors and offenders of her Lawes Looke into the Recordes of her high Court of Chauncery and there you shall finde a great number of her most gracious and mercifull pardons as well touching lyfe and member
but that still her Maiesties safetie must be hazarded and stand to the euent of the like miraculous discoueries Therefore as most humble and instant suppliants they did vpon theyr knées at her most gracious féete beséeche and request in most earnest manner that aswell for the continuaunce of Gods Religion the quiet of this Kingdome preseruation of her person and defence of them and theyr posterities that it woulde please her highnes to take order that the sayd sentence might bee published and such further direction giuen as was requisite in this so waighty a cause according to the purport and intent of the sayd Statute touching the daungers that her Maiesties person was in by the practises of the Scottish Quéene and her fauourers they appeare in that they did thinke that she had right not to succéede her Maiestie but to enioy her Crowne in possession and therefore as she was a most impatient competitor thereof so she would haue spared no meanes whatsouer that might haue bereft vs of her Maiestie the onelie impediment that shee could not enioy her desire Shee was obdurate in malice against her royall person notwithstanding her Maiestie had shewed her all fauour and mercie as well in preseruing her hingdome as sauing her life and saluing her henour And therefore there was no place for mercie since there was no hope that shee would haue desisted from her most wicked attempts Shee boldly and openly professed that it was lawfull for her to mooue inuasion vppon her Maiestie and therefore as of inuasion victory might ensue and of victorie the death of the vanquished so did she therby not obscurely bewraie that she thought it lawfull for her to destroy her Maiesties sacred personne She did thinke it not onely lawfull but honorable also and meritorious to take her Maiesties life from her as béeing all ready depriued of her Crowne by the excommunication of the holy Father And therefore it was like she would as she had doone continually séeke it by whatsoeuer meanes That she was gréedie of her Maiesties death and preferred it before her owne life and safetie appeareth for in her direction to one of her late Complices she aduised vnder couert termes that whatsoeuer shoulde become of her that tragicall execution should bee performed vpon our most gracious soueraigne Lady namely the destruction of her royall personne She was the onely hope of all discontented subiects she was the foundation whereon all the euill disposed did builde she was the roote from whence all rebellions and trecheries did spring And therefore while this hope lasted this foundation stoode and thys roote liued they would haue retained hart and set on foote whatsoeuer theyr deuises against this Realme which otherwise will fall away die and come to nothing All these matters her Maiestie did most déepelye consider of and yet to the ende it might euidently appeare howe vnwylling she was to take away y e Quéene of Scots life she required to vnderstand by the consideration and resolution of the high Court of Parliament whether any other meanes could be thought of or sound by anie of them how the Scottish Queenes life might be spared and yet her Maiesties personne saued out of perill and the state of the Realme preserued in quiet For her Maiesties further satisfaction they enteredinto a new consultation for that prupose selected a great number of the choysest persons of the higher house of Parliament to conferre thereof eyther prinately or together with the lower house and vppon sundry conferences had in that behalfe at seueral times it was concluded by the whole assemblic of both houses that there could be no other assured meanes for the preseruation of her Maiesties life continuance of Gods Religion and quiet of this state then by the full execution of the sayd sentence That if her Maiestie should be safe without taking away the life of the Scottish Queene the same were most likely and probably to grow by one of these means following First that happilie she myght haue béene reclaimed and become repentaunt conuert agnising her Maiesties great mercie and fauour in remitting her heynous offence and by her loyaltic haue performed the fruites of such conuersion 2. Or els by a more straight guarde might haue béen so kept as there should haue béene no feare of the like at tempts after 3. Or that good assuraunce might haue béene gyuen by O the Bondes or Hostages as cautions for her good and loyall demeanour from thenceforth 4. Or lastlie by Banishment the Realme might haue béene boyded of her personne and thereby the perils further remooued that might growe to her Maiesty by her presence All which matters béeing duely pondered it did yet appeare in all theyr iudgments that they durst not aduise anie securitie to rest in any no not in all of them For touching her Conuersion it was considered that if pietie or duety could haue restrained her from such haynous attempts there was cause aboundantlye ministred to her on her Maiesties behalfe when she not onelie protected her against the violence of her owne Subiectes who pursued her to death by Iustice but couered her honour when y t same by publique fame was touched and by verie heynous and capitall crimes obiected and prooued against her before certaine Commissarie delegates assigned to examine the same more then blemished and spared her life when for her former conspiracies and confederacies with y e Northren Rebels her highnes was with great instance pressed by bothe the houses in the fouretéene yéere of her Maiesties raigne to do like Iustice vpon her as now was desired and as her treasonable practises then hadde most iustly deserued And where the penaltie of thys Acte sufficientlye notified vnto her should haue terrified her from so wicked attempts she did neuerthelesse insist in her former practises as a personne obdurate in malice against her Maiestie and irrecouerable so as there was no probable hope of anie conuersion but rather great doubt and feare of relaps forasmuch as she stoode obstinatly in the deniall of matter most euivently prooued and moste iustly sentenced against her and was not entered into the first parte of repentaunce The recognition of her offence and so much the farther off from the true fruits that shoulde accompanie the same As for a surer guarde and more straite imprisonment it was resolued that there was no security therin nor yet in the other two meanes propounded of Bondes and Hostages forasmuch as the same meanes that should be practised to take her Maiesties life away which God forbid would aptly serue bothe for the deliuerie of her person and release of the Bondes Hostages that should be giuen for cautions in that behalfe which béeing vnaptlie atchiued and to our irreparable lesse who should sue the Bondes or detaine y e Hostages or béeing detained what proportion was there in bonds or hostages whatsoeuer to counteruaile the value of so precious and inestimable a Iewell as her Maiestie is to this
law that the widdow may haue accesse to them that they be helpes to the Orphanes and infants that they suffer no wrong to anie to be doone that their constitutions and edicts approoued by Customes may agrée to the common profitte before them no power of the aduersarie must suppresse any but that euery one doo that which his cause doth require and temper himself from wrong and that from the lymits of the iudgments of the iust no hatred fauour nor thankes do turne them that it may be said of them iust art thou Lorde and thy iudgment is right Which saying of Bracton though it bee spoken chiefely of Iustice of the Cammon lawes for that Iustices of Peace were not til long after this time ordeyned yet in the choyse of them his opinion is so conuenient to be vsed A Iustice must be also milde patient and gentle in hearing the causes brought afore him and graue in his answers as it is well written Si fueris Iudex mitisis corde momento dicito quae possunt dicta decere senem He must also remember that which Perenesis Isocrates wryteth Ad demonicum quicquid dicturus es prius apud animum tuum expende multorum enim cogitationem lingua praecurrit That is whatsoeuer thou shalt speake first waie it in thy mind for many mens tongues doo runne asore theyr thoughtes And to the end the Iustice of peace shalbe the more carefull to doo iustice according to the lawes statutes custemes of this realme euery of them in their entry into that office doth take a solemne othe vpon the holy Booke of God as by a statute made in the 13. yeere of the raygne of R. the second is ordeyned whereby the most godlie gracious and honourable desire and disposition of the Princes of this land that iustice should be equally ministred to al sorts of her people doth most manifestly appeare Now they which are called to sitte in place of iustice are further to consider that they occupy the iudgment seate of God and therfore it is sayd to them Vide te quid faciatis non enim hominis sed des exercetis iudicium that is take héede what you doo for you doe not exercise the iudgment of man but of God and the Gospell sayth Quodcūque metieritis et vobis metietur Whatsoeuer you measure to others it shall be measured to you againe And almighty God saith to the Iudges Audite illos et ꝙ iustū est iudicate siue sit ille ciuis siue per egrinus nulla erit personarū distātia ita paruū audietis vt magnū quia dei iudiciū est That is here them iudge rightly whether he be a Cittizen or a straūger there shal be no difference of person here the small as well as the great And againe Non accipies personā nec munera quia munera excaecant oculo siudicū et mutant verba iustorum That is accept no personne in iudgment nor gyfts for gyfts blynd y e eyes of the Iudge and change the words of the iust And almighty God by Salomon saith vnto the Iudges take héede thou iustifie not the wicked nor condemne y e iust for both are abhomination to the Lord let it not be sayd of you as it is written Christus crucifigitur Barrabas autem demittitur That is Christ is crucified and Barrabas which was a notable théefe is let goe for then it may be rightly sayd of you Dat veniam coruis damnat Censura columbas That is he pardoneth the Rauen which is a rauening foule and condemneth the Doue which is a simple Byrde The office of the Iudge as Bracton sayth is also diligenter examinare et cuncta rimari That is dilligently to examine and all thinges to open and make plaine he must make doubtfull thinges certaine and that which carieth likelihoode of trueth he must serch out Almighty God further sayth to y e Iudge quod iustum est persequeris vt viuas et possedeas terram quam dominus deus tuus dabit tibi That is to say that which is right pursue and follow that thou maiest liue and possesse the land which the Lord thy God shal gyue thée They are with all do consider that they haue taken in hand a thing of right great importance namely the execution of Law and iustice whereby the honour of God is aduaunced the Prince preserued and the Common wealth as is aforesaid maintained Therfore they ought with all dilligence and discretion effectually to pursue and execute the same according to the trust reposed in them in dooing whereof God shall assist them and the Prince will and ought to ayde and mayntayne them in that they supply her place and so you shal shew your selues worthy to sitte in place of Iustice and to be accounted good members of the Common wealth for the preseruation whereof eche good subiect ought to imploy himselfe and the rather sith euery one is borne to serue his Prince and Countrie And euery man ought to indeuour himselfe and haue great desire to leaue to his posteritie a commendable memory of his good actes doone in hys life time Quia viuit post funera virtus for a mans good déedes liue when he is dead and what better fame or commendation can a Iudge leaue after him then that he was a righteous Iudge a graue discrete and sage man in his dooings touching iustice that he regarded alwaies the trueth and right of y e cause brought before him and not the person and that he would patiently and quietly beare both parties and not vnaduisedly credite the one before he hath heard the other for which cause almighty God hath giuen a mā two eares one on the one side and the other on the other side of his head and reason sence and vnder standing hath placed betwixt both to conceiue and decerne the cause and a tongue to vtter that which is right And forasmuch as the Iustice cannot by course of law procéede in the era execution of iustice without information of others therefore the Iurors which are called and charged to inquire and present offences before them inquirable or to trye any cause are to consider that they haue also taken vpon them a great charge wherein if they be remisse or slacke in dooing theyr dueties offenders cannot be punished for the Iustice cannot be a Iudge and an informer or accuser also and so the euill should not onely bee encouraged to continue in theyr euill dooings but also others would be imboldened to attempt the like to the great losse hinderaunce and discouragement of such as desire to liue in the feare of God and due obseruation of her Maiesties lawes These Iurors take a solemne othe vpon the holy booke of God truely to inquire and true presentment to make of such thinges wherewyth they shall be charged and shall not let for fauour or affection dyspleasure or malice to say the
truth as God shall helpe them and the contents of the Booke wherein they are to consider that in thys booke are contayned Gods euerlasting trueth hys most holy eternal word whereby we haue forgyuenes of our sins and be made inheritors of heauen to liue for euer with Gods angels and his saynts in ioy gladnes And in the same Booke is contayned also Gods terrible threates to obstinate sinners which wyll not amend theyr liues nor beléeue the trueth of Gods holy word and the euerlasting paine prepared in hell for hypocrites vayne swearers periured persons false wytnes bearers vniust condemners of innocent and guiltles men and for them which for fauour hyde the offences of euill dooers that they shoulde not be punished so that whosoeuer wilfullie forsweareth himselfe hauing taken an othe as is aforesayd doth vtterly forsake Gods mercy goodnes and trueth by the merites of Christes death and whatsoeuer he hath deserued for vs. They refuse forgiuenes of sinnes promised to all penitent sinners the ioyes of heauen the company with angels and saints for euer Al which benefits and comforts are promised to true Christian persons in the Gospell and they so beeing for sworne doo betake thē selues to the deuils seruice the father of all lyers falsehoode deceipt and periurie prouoking the great indignation and curse of God against them in thys life and the terrible wrath and iudgment of our Sauior Christ at the great day of the last iudgment when he shall iustly iudg both the quicke and the dead according to theyr workes For whosoeuer forsaketh the trueth for loue or displeasure of any man or for lucre or profitte to hymselfe doth forsake Christ and with Iudas doth betraye him and although such periured mens falsehood be now kept secrete yet it shall be opened at the last day when the secretes of all mens harts shall be manifest to al the world and the trueth shal appeare and accuse them and theyr owne conscience with all the blessed company of heauen shall beare witnes truely against them and Christ the righteous iudge shall then iustly condemne them to euerlasting shame and death Thys sinne of periurie almighty God by the prophet Malachy dooth threaten to punish seuerely saying to the Iewes I wyll come to you in iudgment and I wyll be a swyft wytnes and a sharpe iudge vpon sorcerers adulterers and periured persons Which thing to the Prophet Zacherie almightye God declareth in a vision wherein the prophet did sée a Booke flying in y e ayre which was 20. cubits long 10 cubits broad God said then to him this is y e curse that shal goe forth vpon the face of y e earth for 〈◊〉 〈◊〉 false swearing periurie and thys curse shal enter 〈◊〉 〈◊〉 house of the false man and into the house of the per●●●…ed man and it shall remaine in the middest thereof consume euen thé timber stones of the same Thus you sée how much God doth hate periorie and what punishment he hath prepared for false swearers and periured persons It is commanded by the law of God that none should take his name in vaine for the Lorde wyll not holde him guiltles that taketh his name in vaine and how can a man more deepely offende against that law then when he sweareth and taketh God to witnes that he will say trueth and yet setteth forth falshood and couereth the trueth and as the offence of periury is detestable before God so are the offenders therein subiect to the punishment of the Law of this Realme For by a statute made in the 3. yéere of the Raigne of the noble king Henry the seauenth it is ordayned that the Iustices afore whom such men are sworne haue power to impanell a Iurie to enquire of their consealinge whereof if they happen to be indited conuicted they may impose such fines vpon them as to theyr discretion in that behalfe shall séeme conuenient besides thys none of them shall afterwardes be receiued to giue testimonie in matter of trueth nor bee put in Iuries for tryal of any cause so much doth the law detest their vniust and wicked dealinges to their vtter reproche and discredite for euer Wherefore as they wil shew them selues to feare God to aduaunce his honour to tender her Maiesties seruice the Common wealth of thys Country auoide the daunger of Law and desire that the world may continue in that good opinion which it hath conceyued of their vpright and iust dealing so they are to indeuour themselues to discharge there dueties in the thinges to be committed to theyr charge FINIS The happines of this state First for the light of the gospell For so gracious a Queene Deut. 15. 17 For this cōmō peace so long continued For thys her Maiesties mercifull and gracious gouernmēt For that her maiesty is assisted with graue sage most wyse and honourable Coūsellers Fruites of their trauel to the commō wealth There is a most happy state wher wysemen rule Eccle. 10. Prouer. 11. Myserable state of other Coūtries Enemies to this gouernment They are not worthy to liue vnder so gracious a Prince Her Maiesties greefe for her kindenes to be so vnkindly recompenced by false traytors conspirators Causes of comfort to her Maiesty not withstanding these often conspiracies Not lawfull for the subiect to enter into the examinacien of matters appertaining to the Prince What good things doo proceed frō her Maiestie Her highnes is most studious to set forth the honor of God She dooth ordaine good lawes She is desirous that Iustice shoulde bee equally ministred Shee is merciful to offenders Shee is liberall to wel deseruers Careful to defend her Countries from forraign inuasions No newe impositions layde on her subiects Desire of alteration of religion is cause of these conspiracies Not lawfull to rebel for religion whatsoeuer it be Iohn 18. Math. 26. 52 Frasmus Nota. 1. Peter 2. Subiects must submit themselues to euery ordinaunce of the prince yea though against the word of God they be made Examples of such as haue suffered for conspiring against the state vnder collour of Religion Rebellion in Lincolneshyre 28 ● 8. Doctor Makerell Folio 140. Rebellion in the West parts Syr H. Arundell Ibidē 155. Wyatt Ibidē 165. Northern rebellion ●● dē 192. Decimo tercio Elizabeth Arden Parry Earle of Northumberland L. Pagget Charles Paget Throgmorton Shelley Faile of Northumberland Babington Iesuites Cato Princes not spared which haue opposed themselues or laidhāds vppon the L. annointed Hall fo Confirmation by authority of Lawe in this proceeding Dyer 145 Dyer 14 Bro 32. 4 Ma 25 Ed. 3 Bro 24 1 Ma. Scotish Queene not exempt from the sensure of our lawe though she were a Queene Ecclesia 10. Not lawfull to wish euil to the Prince Samuel 1. Not lawfull to lay violent handes vppon the Prince 1 Sam. 26 2. Sam 1 Not lawfull to murmer against ruiers Examples of the purishment of murmerers by God Nu 11 12 Num 16. Punishement of rebellion of gods hand ● Sam. 15 17 2 Samuel 18 2 Samu 17. 2 Samu 20. The Subiect of the wicked Prince may not rebell Pro. 1. 6 2. Para. 2. Iob 34 Osee 13. Prou 21 Esdras 7. Subiects must be obedient Rom 13 Wisdom 6. Damnation No difference betwyxt the christian prince the heathen touching submission to higher powers Ioh. 19. 6 10 Subiects must pray for theyr Rulers 1. Timo. cap. 2. Hethen Princes prayed for Baruck 1 Tyrant Princes prayed for We must pray for her maiestie For her most honorable Coūsell Pray for our selues to be true subiects The prime and commō wealth preserued and maintained by lawe and execution of Iustice Princes are ordained to gouerne No commō wealth where thereis not superioritie in gouernement Cicero de legib ' li. 3. There must be good lawes to gouerne by Iustice must be execused otherwise neither Prince nor Lawe auaileth Exod. 20. Law of the tenne Commaundements Exod. 19. By God power is giuen to Princes to make good lawes Prou 8. Peter 2. Lawe of Nature Cicero lib. 2 de legibꝰ Lawe of Nature Osorius 178. Definition of lawe generally Musculus 76 Lib primo Cicero Commodities of law Anacharsis Lawes are compared to Spiders webbes Aristotel The Sun is not more necessay to the world then good lawes to the commō wealth Profits of lawe Rom. ca. 13 Lawes are terrible to offenders but comfortable to wel dooers Lawes can not be sufficiently praised The miserable condition of people that liue where no lawes be The happy state of people that liue vnder good lawes 9. H. 3. ca. 28. The honorable law of Henry the thyrd 42 Ed 3 14 E 3. ca 4 sta 1. The Iustice shall not lett to do iustice for anye comman dement of the Prince Prince sworne to maintayne lawe Cicero Lib 3. de legibꝰ minysters must be appointed to execute Lawes 1. E. 3. ca 16 What men may not be Iustices Fcc. e 10. What men men ought to be chosē to bee Iustices what they must doo Property of a Iustice Perenesis Isocrates Nota. Euery Iustice is sworne to doo Iustice 13 R. 2. The Iustice doth sit in the place of God Deu. 1. His dutye in Iudgment He must take no rewardes to do Iustice Pro 17. He maye not saue y e wicked nor condenme the Iuste Lib primo in fine Thoffice of the Iustice in causes brought a fore him in iudgment Deu 16 Deu. 16. Euerye good man must haue care to leue after him a commendable memory of his good actes Duty of Iurors Iurors are sworne to doo truely What consideration men ought to haue which take an oath Mala 3. Punishment of per iurie by God Zach. 5. 3. H. 7 Cap. 1. Punishment of Iurors by the law for conseling of the truthe nota