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land, which indeed brake forth before, hath run on and raged more: which cannot but be a great attractive to the ambition of the council of Spain, who by former experience know of how tough a complexion this realm of England is to be assailed; and, therefore, as rheums and fluxes of humours, is like to resort to that part which is weak and distempered.

And, lastly, it is famous now, and so will be many ages hence, how by these two sea-journeys we have braved him, and objected him to scorn: so that no blood can be so frozen or mortified, but must needs take flames of revenge upon so mighty a disgrace.

So as this concurrence of occurrents, all since our last assembly, some to deliver and free our enemies, some to advance and bring him on his way, some to tempt and allure him, some to spur on and provoke him, cannot but threaten an increase of our peril in great proportion.

Lastly, Mr. Speaker, I will but reduce to the memory of this House one other argument, for ample and large providing and supplying treasure and this it is:

I see men do with great alacrity and spirit proceed when they have obtained a course they long wished for and were restrained from. Myself can remember, both in this honourable assembly, and in all other places of this realm, how forward and affectionate men were to have an invasive war. Then we would say, a defensive war was like eating and consuming interest, and needs we would be adventurers and assailants: "Habes quod tota mente petisti :" shall we not now make it good? especially when we have tasted so prosperous fruit of our desires.

The first of these expeditions invasive was achieved with great felicity, ravished a strong and famous port in the lap and bosom of their high countries; brought them to such despair as they fired themselves and their Indian fleet in sacrifice, as a good odour and incense unto God for the great and barbarous cruelties which they have committed upon the poor Indians, whither that fleet was sailing; disordered their reckonings so, as the next news we heard of was nothing but protesting of bills and breaking credit.

The second journey was with notable resolution borne up against weather and all difficulties; and besides the success in amusing him and putting him to infinite charge, sure I am it was like a Tartar's or Parthian's bow, which shooteth backward, and had a most strong and violent effect and operation both in France and Flanders; so that our neighbours and confederates have reaped the harvest of it; and while the life-blood of Spain went inward to the heart, the outward limbs and members trembled, and could not resist. And, lastly, we have a perfect account of all the noble and good blood that was carried forth, and of all our sea-walls and good shipping, without mortality of persons, wreck of vessels, or any manner of diminution. And these have been the happy effects of our so long and so much desired invasive war.

To conclude, Mr. Speaker, therefore, I doubt not but every man will consent that our gift must bear these two marks and badges: the one, of the danger of the realm by so great a proportion, since the last parliament, increased; the other, of the satisfaction we receive in having obtained our so earnest and ardent desire of an invasive war.

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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 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, or wandering fames and reports, or secret and privy 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 men's doings were looked into over-strictly and severely, than 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, than where all things are lawful." This, therefore, rests in your care and conscience, forasmuch as at you justice begins, and the law cannot pursue and chase offenders to their deserved fall, except you first put them up and discover them, whereby they may be brought to answer; for your verdict is not concluding to condemn, but it is necessary to charge, and without it the court cannot proceed to condemn.

Considering, therefore, that ye are the eye of justice, ye ought to be single, without partial affection; watchful, not asleep, or false asleep in winking at offenders, and sharp-sighted to proceed with understanding and discretion: for, in a VOL. II.-37

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 yourselves.

But there is yet more cause why you should take more special regard to your presentments, than any other grand juries within the counties of this kingdom at large: for as it is a nearer degree and approach unto the king, which is the fountain of justice and government, to be the king's servant, than to be the king's subject; so this commission, ordained for the king's servants and household, ought in the execution of justice to be exemplary unto other places. David said, who was a king, The wicked man shall not abide in my house;" as taking knowledge that it was impossible for kings to extend their care, to banish wickedness over all their land or empire; but 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 king's settled mansion-house

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times, and sacred places, are to be preserved 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 relieves; the corrupt schoolmaster, he soweth tares; the dissembler, he conformeth and doth not communicate. Therefore, if any person, man or woman, wife or sole, above the

as it hath laid unto it a plot of twelve miles round, which we call the verge, to be subject to a special and exempted jurisdiction depending upon his person and great officers. This is as a half-pace or carpet spread about the king's chair of estate, which, therefore, ought to be cleared and voided more than other places of the kingdom: for if offences should be shrouded under the king's wings, what hope is there of discipline and good 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 the west, or remote re-age of sixteen years, not having some lawful exgions, but near his body few or none; for where the king cometh there should come peace and order, and an awe and reverence in men's 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 king's bench for the verge; for it was thought a kind of eclipsing to the king's 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 lead and give a pattern unto others in the care and conscience of your presentments.

Concerning the particular points and articles whereof you shall inquire, I will help your memory and mine own with order: neither will I load you, or trouble myself with every branch of several offences, but stand upon those that are principal and most in use: the offences, therefore, that you are to present are of four natures.

I. The first, such as concern God and his church.

cuse, 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 be 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 far; so such recusant as have been convicted and conformed, and have not received the sacrament once a year, for that is the touchstone of their true conversion: and of these offences of recusancy take you special regard. Twelve miles from court is no region for such subjects. In the name of God, why should not twelve miles about the king's chair be as free from Papist-recusants, as twelve from the city of Rome, the pope's chair, is from Protestants? There be 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, than here in the bosom of the kingdom.

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.

III. The third, such as concern the king's people, and are capital.

IV. The fourth, such as concern the king's people, not capital.

The service of Almighty God, upon whose blessing the peace, safety, and good estate of king and kingdom doth depend, may be violated, and God dishonoured in three manners, by profanation, by contempt, and by division, or breach of unity.

seam, nor no more should the church, if it were possible. Therefore, if any minister refuse to use the book of common-prayer, or wilfully swerveth in divine service from that book; or if any person whatsoever do scandalize that book, 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 inquired of. But much more, such as are not only differing, but in a sort opposite unto it, by using a superstitious and corrupted form of divine service; I mean, such as say or

hear mass.

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 adhering to God's declared enemies, evil and outcast spirits, by conjuration and witchcraft.

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 churchyard; or if any fair or market have been kept in any churchyard, these are profanations 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 any of the king's courts, yea, of court-barons and the like, and that as well of the actors, as of the procurer and suborner.

For witchcraft, by the former law it was not death, except it were actual and gross 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 some others, are made felony the second offence; the first being imprisonment and pillory.

king's person, I will speak also of the king's person by representation, and the treasons which touch the same.

The king's person and authority is represented in three things; in his seals, in his money, and in his principal magistrates: if, therefore, any have counterfeited the king's great seal, privy seal, or seal manual; or counterfeited, clipped, or scaled his moneys, or other money current, this is high treason; so is it to kill certain great officers or judges executing their office.

We will now pass to those treasons which concern the safety of the king's estate, which are of three kinds, answering to three perils which may happen to an estate; these perils are foreign

practice to alienate and estrange the hearts of the subjects, and to prepare them either to adhere to enemies, or to burst out into tumults and commotions of themselves.

And here I do conclude my first part concerning religion and ecclesiastical causes: wherein it 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, which are usually sorted with causes of religion: but I must have leave to direct myself according to mine own persuasion, 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 pope's supremacy, deniers of the king's 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 these laws, and therefore I will place them under my second division, which is of offences that concern the king and his estate, to which now I come.

THESE offences, therefore, respect either the safety of the king's person, or the safety of his estate and kingdom, 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 queen's majesty, or of the most noble prince their eldest son; the very compassing and inward imagination thereof is high treason, if it can be proved by any fact that is overt: for in the case of so sudden, dark, and pernicious, and peremptory attempts, it were too late for the law to take a blow before it gives; and this high treason of all other is most heinous, of which you shall inquire, though I hope there be

no cause.

Therefore, if any person have solicited or procured any invasion from foreigners; 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 estate of this commonwealth, and to be inquired of.

The third part of practice hath divers branches, but one principal root in these our times, which is the vast and overspreading ambition and usurpation of the see of Rome; for the Pope of Rome is, according to his late challenges and pretences, become a competitor and corrival with the king, for the hearts and obediences of the king's subjects: he stands for it, he sends over his lovetokens and brokers, under colour of conscience, to steal and win away the hearts and allegiances of the people, and to make them as fuel, ready to take fire upon any his commandments.

This is that yoke which this kingdom hath happily cast off, even at such time when the popish religion was nevertheless continued, and that divers states, which are the pope's vassals, do likewise begin to shake off.

If, therefore, any person have maintained and extolled the usurped authority of the Bishop of Rome within the king's dominions, by writing, preaching, or deed, advisedly, directly, and maliciously; or if any person have published or put 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

vented.

The highest degree is where such a one is killed unto whom the offender did bear faith and obedience; as the servant to the master, the wife to the husband, the clerk to the prelate and I shall ever add, for so I conceive of the law, the child to the father or the mother; and this the law terms petty treason.

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 inquire, both of the actors and of their abettors, comforters, receivers, maintainers; and concealers, which in some cases are traitors, as well as the principal, in some cases in "præmunire," in some other, in misprision of treason, which I will not stand to distinguish, and in some other, felony; as, namely, that of the receiving and relieving of Jesuits and priests; the bringing in and dispersing of "Agnus Dei's," crosses, pictures, or such trash, is likewise "præmunire:" and so is the denial to take the oath of supremacy the first time.

And because, in the disposition of a state to troubles and perturbations, military men are most tickle and dangerous; therefore, if any of the king's subjects go over to serve in foreign parts, and do not first endure the touch, that is, to take the oath of allegiance; or if he have borne office in any army, and do not enter into bond with sureties as is prescribed, this is made felony; and such as you shall inquire.

Lastly, because the vulgar people are sometimes led with vain and fond prophecies; if any such shall be published, to the end to move stirs or tumults, this is not felony, but punished by a year's imprisonment and loss of goods; and of this also shall you inquire.

You shall likewise understand that the escape of any prisoner committed for treason, is treason; whereof you are likewise to inquire.

Now come I to the third part of my division; that is, those offences which concern the king's people, and are capital; which, nevertheless, the law terms offences against the crown, in respect of the protection that the king hath of his people, and the interest he hath in them and their welfare; for touch them, touch the king. These of fences are of three natures: the first concerneth the conservation of their lives; the second, of honour and honesty of their persons and families; and the third, of their substance.

First, for life. I must say unto you in general, that life is grown too cheap in these times; it is set at the price of words, and every petty scorn and disgrace can have no other reparation; nay, so many men's lives are taken away with impunity, that the very life of the law is almost taken away, which is the execution; and, therefore, though we cannot restore the life of those men that are slain, yet I pray let us restore the law to her life, by proceeding with duc severity against the of fenders; and most especially this plot of ground, which, as I said, is the king's carpet, ought not to be stained with blood, crying in the ears of God and the king. It is true, nevertheless, that the law doth make divers just differences of life taken away; but yet no such differences as the

The second is, Where a man is slain upon forethought malice, which the law terms murder; and it is an offence horrible and odious, and cannot be blanched, nor made fair, but foul.

The third is, Where a man is killed upon a sudden heat or affray, whereunto the law gives some little favour, because a man in fury is not himself, "ira furor brevis;" wrath is a short madness; and the wisdom of law in his majesty's time hath made a subdivision of the stab given, where the party stabbed is out of defence, and had not given the first blow, from other manslaughters.

The fourth degree is, That of killing a man in the party's own defence, or by misadventure, which, though they be not felonies, yet, nevertheless, the law doth not suffer them to go unpunished: because it doth discern some sparks of a bloody mind in the one, and of carelessness in the other.

And the fifth is, Where the law doth admit a kind of justification, not by plea, for a man may not, that hath shed blood, affront the law with pleading not guilty; but when the case is found by verdict, being disclosed upon the evidence; as where a man in the king's highway and peace is assailed to be murdered or robbed; or when a man defending his house, which is his castle, against unlawful violence; or when a sheriff, or minister of justice, is resisted in the execution of his office; or when the patient dieth in the chirurgeon's hands, upon cutting or otherwise: for these cases the law doth privilege, because of the necessity, and because of the innocency of the intention.

Thus much for the death of man, of which cases you are to inquire: together with the accessories before and after the fact.

For the second kind, which concerns the honour and chasteness of persons and families; you are to inquire of the ravishment of women, of the taking of women out of the possession of their parents or guardians against their will, or marrying them, or abusing them; of double marriages, where there was not first seven years' absence, and no notice that the party so absent was alive, and other felonies against the honesty of life.

For the third kind, which concerneth men's substance, you shall inquire of burglaries, robberies, cutting of purses, and taking of any thing from the person: and generally other stealths, as

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