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land, which indeed brake forth before, hath run The first of these expeditions invasive was on and raged more: which cannot but be a great achieved with great felicity, ravished a strong and attractive to the ambition of the council of Spain, famous port in the lap and bosom of their high who by former experience know of how tough a countries; brought them to such despair as they complexion this realm of England is to be assail- fired themselves and their Indian fleet in sacrifice, ed; and, therefore, as rheums and fluxes of hu- as a good odour and incense unto God for the mours, is like to resort to that part which is weak great and barbarous cruelties which they have and distempered.
committed upon the poor Indians, whither that And, lastly, it is famous now, and so will be fleet was sailing; disordered their reckonings so, many ages hence, how by these two sea-journeys as the next news we heard of was nothing but we have braved him, and objected him to scorn: protesting of bills and breaking credit. so that no blood can be so frozen or mortified, but The second journey was with notable resolumust needs take flames of revenge upon so mighty tion borne up against weather and all difficulties; a disgrace.
and besides the success in amusing him and putSo as this concurrence of occurrents, all since ting him to infinite charge, sure I am it was like our last assembly, some to deliver and free our a Tartar's or Parthian's bow, which shooteth enemies, some to advance and bring him on his backward, and had a most strong and violent way, some to tempt and allure him, some to spur effect and operation both in France and Flanders ; on and provoke him, cannot but threaten an in- so that our neighbours and confederates have crease of our peril in great proportion.
reaped the harvest of it; and while the life-blood Lastly, Mr. Speaker, I will but reduce to the of Spain went inward to the heart, the outward memory of this House one other argument, for limbs and members trembled, and could not reample and large providing and supplying trea- sist. And, lastly, we have a perfect account of sure: and this it is:
all the noble and good blood that was carried I see men do with great alacrity and spirit pro- forth, and of all our sea-walls and good shipping, ceed when they have obtained a course they long without mortality of persons, wreck of vessels, wished for and were restrained from. Myself or any manner of diminution. And these have can remember, both in this honourable assembly, been the happy effects of our so long and so much and in all other places of this realm, how forward desired invasive war. and affectionate men were to have an invasive To conclude, Mr. Speaker, therefore, I doubt war. Then we would say, a defensive war was not but every man will consent that our gist must like eating and consuming interest, and needs we bear these two marks and badges: the one, of would be adventurers and assailants: “Habes the danger of the realm by so great a proportion, quod tota mente petisti :" shall we not now make since the last parliament, increased; the other, it good ? especially when we have tasted so pros- of the satisfaction we receive in having obtained perous fruit of our desires.
our so earnest and ardent desire of an invasive war.
THE JUDICIAL CHARGE
SIR FRANCIS BACON, KNIGHT,
THE KING's soLICITOR,
UPON THE COMMISSION OF OYER AND TERMINER HELD FOR THE
VERGE OF THE COURT.
“Lex vitiorum emendatrix, virtutum commendatrix est.”
You are to know, and consider well the duty word, if you shall not present unto the court all and service to which you are called, and where- such offences, as shall appear unto you either by upon you are by your oath charged. It is the evidence given in, or otherwise, mark what I say, happy estate and condition of the subject of this of your own knowledge, which have been comrealm of England, that he is not to be impeached mitted within the verge, which is as it were the in his life, lands, or goods, by flying rumours, or limits of your survey, but shall smother and conwandering fames and reports, or secret and privy ceal any offence willingly, then the guiltiness of inquisitions; but by the oath and presentment of others will cleave to your consciences before God; men of honest condition, in the face of justice. and, besides, you are answerable in some degree But this happy estate of the subject will turn to to the king and his law for such your default and hurt and inconvenience, if those that hold that suppression; and therefore take good regard unto part which you are now to perform shall be neg. it, you are to serve the king and his people, you ligent and remiss in doing their duty; for as of are to keep and observe your oath, you are to actwo evils it were better men's doings were looked | quit yourselves. into over-strictly and severely, than that there But there is yet more cause why you should should be a notorious impunity of malefactors; take more special regard to your presentments, as was well and wisely said of ancient time, “a than any other grand juries within the counties man were better live where nothing is lawful, of this kingdom at large: for as it is a nearer dethan where all things are lawful.” This, there-gree and approach unto the king, which is the fore, rests in your care and conscience, forasmuch fountain of justice and government, to be the as at you justice begins, and the law cannot pur- king's servant, than to be the king's subject; so sue and chase offenders to their deserved fall, ex- this commission, ordained for the king's servants cept you first put them up and discover them, and household, ought in the execution of justice whereby they may be brought to answer; for to be exemplary unto other places. David said, your verdict is not concluding to condemn, but it who was a king, “The wicked man shall not is necessary to charge, and without it the court abide in my house;" as taking knowledge that it cannot proceed to condemn.
was impossible for kings to extend their care, to Considering, therefore, that ye are the eye of banish wickedness over all their land or empire; justice, ye ought to be single, without partial af- but yet at least they ought to undertake to God fection; watchful, not asleep, or false asleep in for their house. winking at offenders, and sharp-sighted to pro- We see further, that the law doth so esteem ceed with understanding and discretion : for, in a the dignity of the king's settled mansion-house VOL. II.-37
as it hath laid unto it a plot of twelve miles round, times, and sacred places, are to be preserved in which we call the verge, to be subject to a special reverence and divine respect. and exempted jurisdiction depending upon
For contempts of our church and service, they son and great officers. This is as a half-pace or car- are comprehended in that known name, which too pet spread about the king's chair of estate, which, many, if it pleased God, bear, recusancy; which therefore, ought to be cleared and voided more offence hath many branches and dependencies ; than other places of the kingdom : for if offences the wife-recusant, she tempts; the church Papist, should be shrouded under the king's wings, what he feeds and relieves; the corrupt schoolmaster, hope is there of discipline and good justice in he soweth tares; the dissembler, he conformeth more remote parts? We see the sun, when it is and doth not communicate. Therefore, if any at the brightest, there may be perhaps a bank of person, man or woman, wife or sole, above the clouds in the north, or the west, or remote re- age of sixteen years, not having some lawful exgions, but near his body few or none; for where cuse, have not repaired to church according to the the king cometh there should come peace and several statutes ; the one, for the weekly, the order, and an awe and reverence in men's other, for the monthly repair, you are to present hearts.
both the offence and the time how long. Again, And this jurisdiction was in ancient time exe- such as maintain, relieve, keep in service of livery cuted, and since by statute ratified, by the lord recusants, though themselves be none, you are steward, with great ceremony, in the nature of a likewise to present; for these be like the roots of peculiar king's bench for the verge ; for it was nettles, which sting not themselves, but bear and thought a kind of eclipsing to the king's honour, inaintain the stinging leaves: so if any that that where the king was, any justice should be keepeth a schoolmaster that comes not to church, sought but immediately froin his own officers. or is not allowed by the bishop, for that infecBut in respect that office was oft void, this com- tion may spread far; so such recusant as have mission hath succeeded, which change I do not been convicted and conformed, and have not dislike; for though it hath less state, yet it hath received the sacrament once a year, for that more strength legally: therefore, I say, you, that is the touchstone of their true conversion : and are a jury of the verge, should lead and give a of these offences of recusancy take you special pattern unto others in the care and conscience of regard. Twelve miles from court is no region for your presentments.
such subjects. In the name of God, why should Concerning the particular points and articles not twelve miles about the king's chair be as free whereof you shall inquire, I will help your me from Papist-recusants, as twelve from the city of mory and mine own with order: neither will I Rome, the pope's chair, is from Protestants ? load you, or trouble myself with every branch of There be hypocrites and atheists, and so I fear several offences, but stand upon those that are there be amongst us; but no open contempt of principal and most in use : the offences, there their religion is endured. If there must be refore, that you are to present are of four natures. cusants, it were better they lurked in the country,
I. The first, such as concern God and his than here in the bosom of the kingdom. church.
For matter of division and breach of unity, it is II. The second, such as concern the king and not without a mystery that Christ's coat had no his state.
seam, nor no more should the church, if it were III. The third, such as concern the king's possible. Therefore, if any minister refuse to use people, and are capital.
the book of common-prayer, or wilfully swerveth IV. The fourth, such as concern the king's in divine service from that book; or if any person people, not capital.
whatsoever do scandalize that book, and speak
openly and maliciously in derogation of it; such The service of Almighty God, upon whose men do but make a rent in the garment, and such blessing the peace, safety, and good estate of are by you to be inquired of. But much more, king and kingdom doth depend, may be violated, such as are not only differing, but in a sort oppoand God dishonoured in three manners, by profa- site unto it, by using a superstitious and corrupted nation, by contempt, and by division, or breach form of divine service; I mean, such as say or of unity.
hear mass. First, if any man hath depraved or abused in These offences which I have recited to you, are word or deed the blessed sacrament, or disturbed against the service and worship of God : there rethe preacher or congregation in the time of divine main two which likewise pertain to the dishonour service; or if any have maliciously stricken with of God; the one, is the abuse of his name by perweapon, or drawn weapon in any church or jury; the other, is the adhering to God's dechurchyard ; or if any fair or market have been clared enemies, evil and outcast spirits, by conkept in any churchyard, these are profanations juration and witchcraft. within the purview of several statutes, and those For perjury, it is hard to say whether it be you are to present: for holy things, actions, more odious to God, or pernicious to man; for an oath, saith the apostle, is the end of controversies : | privy council, this is felony, and thereof you if, therefore, that boundary of suits be taken away shall inquire. or mis-set, where shall be the end? Therefore And since we are now in that branch of the you are to inquire of wilful and corrupt perjury in king's person, I will speak also of the king's perany of the king's courts, yea, of court-barons and son by representation, and the treasons which the like, and that as well of the actors, as of the touch the same. procurer and suborner,
The king's person and authority is represented For witchcraft, by the former law it was not in three things; in his seals, in his money, and death, except it were actual and gross invocation in his principal magistrates: if, therefore, any • of evil spirits, or making covenant with them, have counterfeited the king's great seal, privy
or taking away life by witchcraft: but now, by an seal, or seal manual ; or counterfeited, clipped, or act in his majesty's times, charms and sorceries in scaled his moneys, or other money current, this is certain cases of procuring of unlawful love or high treason; so is it to kill certain great officers bodily hurt, and some others, are made felony the or judges executing their office. second offence; the first being imprisonment and We will now pass to those treasons which conpillory.
cern the safety of the king's estate, which are of And here I do conclude my first part concern- three kinds, answering to three perils which may ing religion and ecclesiastical causes: wherein it happen to an estate; these perils are foreign may be thought that I do forget matters of supre- invasion, open rebellion and sedition, and privy macy, or of Jesuits, and seminaries, and the like, practice to alienate and estrange the hearts of the which are usually sorted with causes of religion: subjects, and to prepare them either to adhere to but I must have leave to direct myself according enemies, or to burst out into tumults and commoto mine own persuasion, which is, that, whatso- tions of themselves. ever hath been said or written on the other side, Therefore, if any person have solicited or proall the late statutes, which inflict capital punish-cured any invasion from foreigners; or if any have ment upon extollers of the pope's supremacy, combined to raise and stir the people to rebellion deniers of the king's supremacy, Jesuits and within the realm ; these are high treasons, tendseminaries, and other offenders of that nature, ing to the overthrow of the estate of this commonhave for their principal scope, not the punish- wealth, and to be inquired of. ment of the error of conscience, but the re- The third part of practice hath divers branches, pressing of the peril of the estate. This is the but one principal root in these our times, which true spirit of these laws, and therefore I will place is the vast and overspreading ambition and usurpthem under my second division, which is of of-ation of the see of Rome; for the Pope of Rome fences that concern the king and his estate, to is, according to his late challenges and pretences, which now I come.
become a competitor and corrival with the king,
for the hearts and obediences of the king's subThese offences, therefore, respect either the jects: he stands for it, he sends over his lovesafety of the king's person, or the safety of his tokens and brokers, under colour of conscience, to estate and kingdom, which, though they cannot be steal and win away the hearts and allegiances of dissevered in deed, yet they may be distinguished the people, and to make them as fuel, ready to in speech. First, then, if any have conspired take fire upon any his commandments. against the life of the king, which God have in This is that yoke which this kingdom hath his custody! or of the queen's majesty, or of the happily cast off, even at such time when the pomost noble prince their eldest son; the very com- pish religion was nevertheless continued, and that passing and inward imagination thereof is high divers states, which are the pope's vassals, do treason, if it can be proved by any fact that is likewise begin to shake off. overt : for in the case of so sudden, dark, and per- If, therefore, any person have maintained and nicious, and peremptory attempts, it were too late extolled the usurped authority of the Bishop of for the law to take a blow before it gives; and Rome within the king's dominions, by writing, this high treason of all other is most heinous, of preaching, or deed, advisedly, directly, and maliwhich you shall inquire, though I hope there be ciously; or if any person have published or put no cause.
in use any of the pope's bulls or instruments of There is another capital offence that hath an absolution; or if any person have withdrawn, affinity with this, whereof you here within the and reconciled, any of the king's subjects from verge are most properly to inquire; the king's their obedience, or been withdrawn and reconprivy council are as the principal watch over the ciled; or if any subject have refused the second safety of the king, so as their safety is a portion of time to take the oath of supremacy lawfully tenhis: if, therefore, any of the king's servants with dered; or if any Jesuit or seminary come and in his cheque-roll, for to them only the law ex- abide within this realm: these are by several tends, have conspired the death of any the king's, statutes made cases of high treason; the law counting these things as preparatives, and the first wanton humours and braveries of men have, under wheels and secret motions of seditions and revolts a reverend name of honour and reputation, infrom the king's obedience. Of these you are to vented. inquire, both of the actors and of their abettors, The highest degree is where such a one is killed comforters, receivers, maintainers; and conceal. unto whom the offender did bear faith and obediers, which in some cases are traitors, as well as the ence; as the servant to the master, the wife to principal, in some cases in " præmunire,” in some the husband, the clerk to the prelate: and I shall other, in misprision of treason, which I will not ever add, for so I conceive of the law, the child stand to distinguish, and in some other, felony; to the father or the mother; and this the law as, namely, that of the receiving and relieving of terms petty treason. Jesuits and priests; the bringing in and dispers- The second is, Where a man is slain upon ing of “ Agnus Dei's,” crosses, pictures, or forethought malice, which the law terms murder; such trash, is likewise " præmunire:" and so is and it is an offence horrible and odious, and canthe denial to take the oath of supremacy the first not be blanched, nor made fair, but foul. time.
The third is, Where a man is killed upon a And because, in the disposition of a state to sudden heat or affray, whe the law gives troubles and perturbations, military men are most some little favour, because a man in fury is not tickle and dangerous; therefore, if any of the himself, “ ira furor brevis ;" wrath is a short madking's subjects go over to serve in foreign parts, ness; and the wisdom of law in his majesty's and do not first endure the touch, that is, to take time hath made a subdivision of the stab given, the oath of allegiance; or if he have borne office where the party stabbed is out of defence, and in any army, and do not enter into bond with had not given the first blow, from other mansureties as is prescribed, this is made felony; and slaughters. such as you shall inquire.
The fourth degree is, That of killing a man in Lastly, because the vulgar people are sometimes the party's own defence, or by misadventure, led with vain and fond prophecies; if any such which, though they be not felonies, yet, nevertheshall be published, to the end to move stirs or tu- less, the law doth not suffer them to go unpumults, this is not felony, but punished by a year's nished : because it doth discern some sparks of a imprisonment and loss of goods; and of this also bloody mind in the one, and of carelessness in the shall you inquire.
other. You shall likewise understand that the escape And the fifth is, Where the law doth admit a of any prisoner committed for treason, is treason; kind of justification, not by plea, for a man may whereof you are likewise to inquire.
not, that hath shed blood, affront the law with
pleading not guilty; but when the case is found Now come I to the third part of my division ; by verdict, being disclosed upon the evidence; as that is, those offences which concern the king's where a man in the king's highway and peace is people, and are capital ; which, nevertheless, the assailed to be murdered or robbed; or when a law terms offences against the crown, in respect man defending his house, which is his castle, of the protection that the king hath of his people, against unlawful violence; or when a sheriff, or and the interest he hath in them and their wel minister of justice, is resisted in the execution of fare; for touch them, touch the king. These of- his office; or when the patient dieth in the chifences are of three natures: the first concerneth rargeon's hands, upon cutting or otherwise : for the conservation of their lives; the second, of these cases the law doth privilege, because of the honour and honesty of their persons and families; necessity, and because of the innocency of the and the third, of their substance.
intention. First, for life. I must say unto you in general, Thus much for the death of man, of which cases that life is grown too cheap in these times; it is you are to inquire: together with the accessories set at the price of words, and every petty scorn before and after the fact. and disgrace can have no other reparation; nay, so For the second kind, which concerns the homany men's lives are taken away with impunity, nour and chasteness of persons and families; you that the very life of the law is almost taken away, are to inquire of the ravishment of women, of the which is the execution ; and, therefore, though we taking of women out of the possession of their cannot restore the life of those men that are slain, parents or guardians against their will, or marryyet I pray let us restore the law to her life, by ing them, or abusing them; of double marriages, proceeding with due severity against the of- where there was not first seven years' absence, fenders ; and most especially this plot of ground, and no notice that the party so absent was alive, which, as I said, is the king's carpet, ought not to and other felonies against the honesty of life. be stained with blood, crying in the ears of God For the third nd, which concerneth men's and the king. It is true, nevertheless, that the substance, you shall inquire of burglaries, robbelaw doth make divers just differences of life ries, cutting of purses, and taking of any thing taken away; but yet no such differences as the from the person: and generally other stealths, as