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A28070 A charge given by the most eminent and learned Sr. Francis Bacon, Kt., late Lord Chancellor of England, at a sessions holden for the verge, in the reign of the late King James declaring the latitude of the jurisdiction thereof, and the offences therein inquireable, as well by the common-law, as by several statutes herein particularly mentioned. Bacon, Francis, 1561-1626. 1662 (1662) Wing B276; ESTC R17806 9,379 23

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A CHARGE Given by the most Eminent and Learned S r. FRANCIS BACON K t. Late Lord Chancellor of England at a Sessions holden for the VERGE in the Reign of the Late King IAMES DECLARING The Latitude of the Jurisdiction thereof and the Offences therein inquireable as well by the Common-Law as by several STATUTES herein particularly mentioned Lex vitiorum emendatrix virtutum commendatrix est LONDON Printed for Robert Pawley at the Signe of the Bible in Chancery Lane near the Temple 1662. Sir FRANCIS BACON'S CHARGE At the SESSIONS of the VERGE YOU are to know and consider well the Duty and Service to which you are called and whereupon you are by your Oath charged It is the happy estate and condition of the Subject of this Realm of England that he is not to be impeached in his Life Lands or Goods by flying rumours and wandring fames and reports or secret and private Inquisitions But by the Oath and Presentment of men of honest condition in the face of Justice But this happy estate of the Subject will turn to hurt and inconvenience if those that hold that part which you are now to perform shall be negligent and remiss in doing their duty for as of two evils it were better mens doings were looked into over strictly and severely then that there should be a notorious impunity of Malefactors as was well and wisely said of ancient time A man were better live where nothing is lawful then where all things are lawful This therefore rests in your care and conscience forasmuch as at you Justice begins and the Law cannot parsue and chuse offenders to their deserved Fall● except you first put then up and dis\cover them whereby they may be brought to answer for your Verdict is concluding to condemn But it is necessary to charge and without it the Court cannot proceed to condemn Considering therefore that you are the Eye of Justice ye ought to be single without partial affection watchful not asleep nor false asleep winking at Offenders and sharp sighted to proceed with underst●nding and discretetion for in a word if you shall not present unto the Court all such offences as shall appear unto you either by evidence given in or otherwise mark what I say of your own knowledge which have been committed within the Verge which is as it were the Limits of your Survey but shall smother and conceal any offence willingly then the guiltiness of others will cleave to your Consciences before God and besides you are answerable in some degree to the King and his Law for such your default and Suppression and therefore take good regard unto it you are to serve the King and his people you are to keep and observe your Oath you are to acquit your selves But there is yet more cause why you should take more especial regard to your Presentments then any other grand Juries within the Counties of this Kingdome at large for as it is a neerer degree and approach unto the King which is the fountain of Justice and Government to be the Kings Servant then to be the Kings Subject So this Commission ordained for the Kings Servants and Houshold ought in the execution of Justice to be exemplary unto other places David saith who was a King The wicked man shall not abide in my house as taking knowledge that it was impossible for Kings to Banish Wickednesse by the extending of all their power and care over all their Land or Empire yet at least they ought to undertake to God for their House We see further that the Law doth so esteem the Dignity of the Kings setled Mansion house as it hath laid unto it a Plot of twelve miles round which we call the Verge to be Subject to a special exempted Jurisdiction depending upon his Person and great Officers this is as a half pace or Carpet spread about the Kings Chair of Estate which therefore ought to be cleared and void more then other places of the Kingdome for if offences shall be shrouded under the Kings Wings what hope is there of Discipline and Justice in more remote parts We see the Sun when it is at the Brightest there may be perhaps a Bank of Clouds in the North or West or remote regions but near his Body few or none for where the King cometh there should come Peace and Order and an awe and reverence in mens hearts And this jurisdiction was in ancient time executed and since by Statute ratified by the Lord Steward with great Ceremony in the nature of a peculiar Kings Bench for the Verge for it was thought a kind of Ecclipsing to the Kings Honour that where the King was any Justice should be sought but immediately from his own Officers But in respect that office was oft void this Commission hath succeeded which change I do not dislike for though it hath less State yet it hath more strength Legally Therefore I say you that are a Jury of the Verge should leave and give a Pattern unto others in the care and conscience of your Presentments Concerning the particular points and Articles whereof you shal● inquire I will help your memory and mine own with order neither will I lead you or trouble my self with every Branch of several offences but stand upon those that are principal and most in use The offences whereof that you are to present are of four Natures The first Such as concern God and his Church The second Such as concern the King and His State The Third such as concern the Kings people and are capital The fourth such as concern the Kings People not Capital The Service of Almighty God upon whose Blessing the Peace Safety and good estate of King and Kingdome doth depend may be violated and God dishonoured in three manners by Profanation by contempt and by division or breach of Unity First if any man hath depraved or abused in word or Deed the Blessed Sacrament or disturbed the Preacher or Congregation in the time of Divine Service or if any have maliciously stricken with weapon or drawn weapon in any Church or Church-yard or if any Fair or Market have been kept in any Church yard these are Prophanations within the purview of several Statutes and those you are to present for Holy things Actions Times and Sacred places are to be preferred in reverence and Divine respect For contempts of our Church and Service they are comprehended in that known name which too many if it pleased God bear Recusancy which offence hath many Branches and Dependencies the Wife Recusant she tempts the Church-Papist he feeds and relevies the corrupt Schoolmaster he soweth ta●es the Dissembler he conformeth and doth not communicate Therefore if any person Man or Woman Wife or Sole above the age of Sixteen years not having some lawful excuse have not repaired to Church according to the several Statutes the one for the Weekly the other for the Monthly repair you are to present both
the offence and the time how long Again such as maintain relieve keep in Service of Livery Recusants though themselves be none you are likewise to present for these are like the Roots of Nettles which sting not themselves but bear and maintain the stinging Leaves So if any that keepeth a Schoolmaster that comes not to Church or is not allowed by the Bishop for that Infection may spread for so such Recusants as have been convicted and conform'd and have not received the Sacrament once a year for that is the Touch-stone of their true Conversion and of these offences of Recusants take you especial regard Twelve Miles from Court is no region for such Subjects In the Name of God why should not Twelve miles about the Kings Chair be as free from Papist Recusants as twelve Miles from the City of Rome the Popes Chair is from Protestants There are Hypocrites and Atheists and so I fear there be amongst us But no open contempt of their Religion is endured If there must be Recusants it were better they lurked in the Country then here in the Bosome of the Kingdome For matter of Division and Breach of unity it is not without a mystery that Christs Coat had no Seam nor no more should the Church if it were possible Therefore if any Minister refuse the Book of Common Prayer or wilfully swearveth in Divine Service from that Book or if any person whatsoever do scandalize that Book or if any person whatsoever do and speak openly and maliciously in derogation of it such men do but make a rent in the Garment and such are by you to be enquired of But much more such as are not only differing but in a sort opposite unto it by using a superstitious and corrupt form of Divine Service I mean such as say or hear Masse These Offences which I have recited to you are against the Service and Worship of God there remain two which likewise pertain to the Dishonour of God the one is the abuse of his Name by Perjury the other is the adhearing to Gods declared Enemies evil and out-cast spirits by Conjuration and Witchcraft For Perjury it is hard to say whether it be more odious to God or pernicious to man for an Oath saith the Apostle is the end of Controversies if therefore that Boundary of Suits be taken away or mis-set where shall be the end Therefore you are to enquire of wilful and corrupt perjury in any of the Kings Courts yea of the Court Barons and the like and that as well of the Actors as of the Procurers and Subborners For Witchcraft by the former Law it was not Death except it were actual and grosse of invocation of evil Spirits or making Covenant with them or taking away Life by Witchcraft But now by an Act in his Majesty's times Charms and Sorceries in certain cases of procuring of unlawful love or Bodily hurt and others are made Felony the second offence the first being Imprisonment and Pillory And here I do conclude my first part concerning Religion and Ecclesiastical Causes wherein it may be thought that I do forget matters of Supremacy or of Jesuits and Seminaries and the like which are usually sorted with Causes of Religion But I must have leave to direct my self according to mine own perswasion which is that whatsoever hath been said or written on the other side All the late Statutes which inflict capital punishment upon Extollers of the Popes Supremacy Deniers of the Kings Supremacy Jesuits and Seminaries and other Offenders of that nature have for their principal scope not the punishment of the Error of Conscience but the repressing of the peril of the estate This is the true Spirit of the Laws and therefore I will place them under my second Devision which is of Offences which concern the King and his estate to which now I come These Offences therefore respect either the Safety of the Kings Person or the Safety of his Estate and Kingdome which though they cannot be dissevered in deed yet they may be distinguished in speech First then if any have conspired against the life of the King which God have in his custody or of the Queens Majesty or of the most noble Prince their eldest Son the very compassing and very imagination thereof is High Treason if it can be proved by any fact that is overt for in the case of so suddain dark and pernicious and peremptory attempts it were too late for the Law to take a Blowe before it gives and this High Treason of all other is most heynous of which you shall enquire though I hope there be no cause There is another capital offence that hath an affinity with this whereof you here within the Verge are most properly to enquire the Kings Privy Councel are as the principal Watch over the Safety of the King so as their Safety is a portion of his if therefore any of the Kings Servants within his Chequer Roll for to them only the Law extends have conspired the death of any the Kings Privy Councel this is Felony and thereof you shall enquire And since we are now in that Branch of the Kings Person I will speak also of the Kings Person by representation and the Treasons which touch the same The Kings Person and Authority is represented in three things in his Seals in his Moneys and in his principal Magistrates if therefore any have counterfeited clipp'd or scaled his moneys or other moneys currant this is high Treason so to kill certain great Officers or Judges executing their Office We will passe now to those Treasons which concern the safety of the Kings State which are of three kinds answering to three perils which may happen to an estate these perils are Foreign Invasions open Rebellion and Sedition and privy practise to alienate and estrange the hearts of the Subject and to prepare them either to adhear to enemies or to burst out into tumults and commotions of themselves Therefore if any person have sollicited or procured any invasion from Forreigners or if any have combined to raise and stir the People to Rebellion within the Realm these are high Treasons tending to the overthrow of the State of this Common-wealth and to be enquired of The third part of practice hath divers branches but one principal root in these our times which is the vast and over-spreading ambition and usurpation of the See of Rome for the Pope of Rome is according to his last challenge and pretences become a Competitor and Corival with the King for the hearts and allienations of the people and to make them as Fuel ready to take fire upon any of his Commands This is that yoke which this Kingdome hath happily cast off even at such time when the Popish Religion was neverthelesse continued and that divers States which are the Popes Vassalls do begin to shake of If therefore any person have maintained and