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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