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
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 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 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 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 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 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 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 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 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 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 wil be 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 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 mans house or ground without leaue And not to deale with any house but such as is vnused for any necessarie imployment by the