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A19078 The Lord Coke his speech and charge VVith a discouerie of the abuses and corruption of officers. Pricket, Robert.; Coke, Edward, Sir, 1552-1634. 1607 (1607) STC 5491; ESTC S104999 27,699 62

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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 actiōs 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 Cōming 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 A●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