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 Approx. 29 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A28070 Wing B276 ESTC R17806 12728375 ocm 12728375 66393 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A28070) Transcribed from: (Early English Books Online ; image set 66393) Images scanned from microfilm: (Early English books, 1641-1700 ; 374:9) 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. [2], 20 p. Printed for Robert Pawley ..., London : 1662. Reproduction of original in Huntington Library. Marginal notes. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Jurisdiction -- England. 2002-03 TCP Assigned for keying and markup 2002-04 SPi Global Keyed and coded from ProQuest page images 2002-05 TCP Staff (Oxford) Sampled and proofread 2002-05 Judith Siefring Text and markup reviewed and edited 2002-06 pfs Batch review (QC) and XML conversion 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 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 are 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 ; for so such Recusants as have been convicted and conform'd , and have not received the Sacrament once a year , for that is the Touch-stone of their true Conversion ; and of these offences of Recusants , take you especial regard . Twelve Miles from Court is no region for such Subjects . In the Name of God , why should not Twelve miles about the Kings Chair be as free from Papist Recusants , as twelve Miles from the City of Rome , the Popes Chair is from Protestants . There are 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 , then here in the Bosome of the Kingdome . For matter of Division and Breach of unity , it is not without a mystery , that Christs Coat had no Seam , nor no more should the Church , if it were possible . Therefore if any Minister refuse the Book of Common Prayer , or wilfully swearveth in Divine Service , from that Book , or if any person whatsoever do scandalize that Book , or if any person whatsoever , do 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 enquired of . But much more , such as are not only differing , but in a sort opposite unto it , by using a superstitious and corrupt form of Divine Service , I mean such as say or hear Masse . 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 adhearing to Gods declared Enemies , evil and out-cast spirits by Conjuration and Witchcraft . For Perjury , it is hard to say whether it be more odious to God , or pernicious to man ; for an Oath , saith the Apostle , is the end of Controversies ; if therefore that Boundary of Suits be taken away or mis-set , where shall be the end ? Therefore you are to enquire of wilful and corrupt perjury in any of the Kings Courts , yea , of the Court Barons and the like , and that as well of the Actors , as of the Procurers and Subborners . For Witchcraft , by the former Law it was not Death , except it were actual and grosse of 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 others , are made Felony , the second offence ; the first being Imprisonment and Pillory . And here I do conclude my first part concerning Religion and Ecclesiastical Causes ; wherein it may be thought , that I do forget matters of Supremacy , or of Jesuits , and Seminaries , and the like , which are usually sorted with Causes of Religion : But I must have leave to direct my self according to mine own perswasion , 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 Popes Supremacy ; Deniers of the Kings 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 the Laws , and therefore I will place them under my second Devision , which is of Offences which concern the King and his estate , to which now I come . These Offences therefore respect either the Safety of the Kings Person , or the Safety of his Estate and Kingdome , 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 Queens Majesty , or of the most noble Prince their eldest Son ; the very compassing and very imagination thereof is High Treason , if it can be proved by any fact that is overt ; for in the case of so suddain , dark , and pernicious , and peremptory attempts , it were too late for the Law to take a Blowe before it gives , and this High Treason of all other is most heynous of which you shall enquire , though I hope there be no cause . There is another capital offence that hath an affinity with this , whereof you here within the Verge are most properly to enquire ; the Kings Privy Councel are as the principal Watch over the Safety of the King , so as their Safety is a portion of his ; if therefore any of the Kings Servants within his Chequer Roll ( for to them only the Law extends ) have conspired the death of any the Kings Privy Councel ; this is Felony , and thereof you shall enquire . And since we are now in that Branch of the Kings Person . I will speak also of the Kings Person by representation and the Treasons which touch the same . The Kings Person and Authority is represented in three things , in his Seals , in his Moneys , and in his principal Magistrates ; if therefore any have counterfeited , clipp'd , or scaled his moneys , or other moneys currant , this is high Treason ; so to kill certain great Officers or Judges , executing their Office. We will passe now to those Treasons , which concern the safety of the Kings State , which are of three kinds answering to three perils which may happen to an estate ; these perils are Foreign Invasions , open Rebellion , and Sedition , and privy practise , to alienate and estrange the hearts of the Subject , and to prepare them , either to adhear to enemies , or to burst out into tumults , and commotions of themselves . Therefore if any person have sollicited or procured any invasion from Forreigners , 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 State of this Common-wealth , and to be enquired of . The third part of practice hath divers branches , but one principal root in these our times , which is the vast and over-spreading ambition and usurpation of the See of Rome ; for the Pope of Rome is , according to his last challenge and pretences , become a Competitor and Corival with the King , for the hearts and allienations of the people , and to make them as Fuel ready to take fire upon any of his Commands . This is that yoke which this Kingdome hath happily cast off , even at such time when the Popish Religion was neverthelesse continued , and that divers States which are the Popes Vassalls do begin to shake of . If therefore any person have maintained and extolled the usurped authority of the Bishop of Rome , within the Kings Dominions , by writing , preaching , or deed , advisedly , or directly , and maliciously . Or if any person have withdrawn and reconciled any of the Kings Subjects from their obedience , or any withdrawn and reconciled themselves ; or if any Subject hath refused and second time , to take the Oath of Supremacy lawfully tendred ; or if any Jesuit or Seminary come and abide within this Realm ; these are by several Statutes made in cases of Treason , the Law accounting these things as preparatives , and the secret motions of seditions and revolts , these you are to enquire both of the actors , &c. receivers , maintainers , and concealers , &c , Traitors , as well as the principal in some cases ; some other , in misprissions of Treason , and in some other , Felony ; as namely , that of the relieving of Jesuits and Priests ; the bringing in and dispersing of Agnus Dei ; crosses , pictures , or such trash , is likewise praemunire , 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 Kings Subjects go over to serve in Forreign parts , and do not first endure the Touch , that is , take the Oath ; or if he have born office in any Army , and do not enter into bond with Sureties as is prescribed , this is made Felony , and of such you shall enquire . 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 years Imprisonment , and losse of goods ; and of this also shall you enquire . You shall likewise understand that the escape of any prisoner committed for treason , is treason ; whereof you are likewise to enquire . Now come I to the third part of my Division , that is , those offences which concern the Kings people , and are capital , which neverthelesse , the Law tearms 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 offences are of three natures : The first concerneth the preservation 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 so 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 mens lives are taken away with impunity , that the very life of the Law is almost taken away with 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 due severity against the Offenders ; and most specially this plot of ground , which is the Kings Carpet , ought not to be stained with blood , crying in the Ears of God and the King ; it is true neverthelesse , that the Law does make divers just differences of Life taken away ; but yet no such differences as the wanton humors and braveries of men , have under a reverend name of honour and reputation invented . 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 to the Father or Mother , and this the Law tearmeth petty Treason . The second is , where a man is slain upon fore-thought Malice , which the Law tearms Murther , 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 suddain 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 Wisdome of Law in His Majesties time hath made a subdivision of the stab given , where the party stabbed is out of defence , and had not given the first Blowe , from other Manslaughters . The fourth degree , is that of killing a man in the parties own defence , or by misadventure , which though they be not Felonies , yet neverthelesse the Law doth not suffer them to go unpunished ; because it doth kindle sparks of a bloody mind in the one , and defence in the other . And the fifth is , where the Law doth admit Fortification , not by Plea , for a man may not ( that sheddeth blood ) justify the fact with pleading Non-guilty ; the case is found by verdict , being disclosed upon the evidence , as where a man in the Kings high way and peace is assailed to be murthered or robb'd , 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 dyeth in the Chyrurgions hands , upon cutting or otherwise , for these cases the Law doth priviledge , 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 enquire , together with the accessories before and after the Fact. For the second kind which concerns the honour and chastnesse of persons and families ; you are to enquire of the ravishment of Women , of the taking of Women out of the possession of their Parents or Guardians against their will , or marying , or abusing them , or double marying , 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 mens substance , you shall inquire of Burglaries , Robberies , Cutting of Purses , and taking of any thing from the person ; and generally all other stealths , aswell such as are plain as those that are disguised , whereof I will by and by speak : But first I must require you to use diligence in presenting specially those purloynings and imbezillments , which are of plate , vessels , or whatsoever within the Kings house . The Kings House is an open place , it ought to be kept safe by Law , and not by Lock , and therefore needeth the more severity . Now for coloured or disguised robberies , I will name two or three of them ; the Purveyor that takes without warrant , two or three of them is no better then a Thief , and it is Felony ; the servant that hath the keeping of His Majesties Goods , and goeth away with them , though he came to the possession of them lawfully , it is Felony . Of these you shall likewise enquire , principal and accessaries ; the voluntary escape of a Felon is also Felony . For the last part , which is of Offences concerning the people not capital , there are many . But I select only such as I think fittest to be remembred unto you , still dividing to give you the better light , they are of three Natures . The first , is matter of force and outrage . The second matter of fraud and deceipt . The third , Breach and inobservance of certain wholsome , and politick , Laws , for Government . For the first , you shall enquire of Riots and unlawful Assemblies , of forcible entries , and detainets with force ; and properly all assaults of striking , drawing weapon or other violence , within the Kings house , and the precincts thereof : for the Kings house , from whence examples of peace should flowe , in the farthest parts of the Kingdome , as the ointment of Aarons head to the skirts of his garment , ought to be sacred and inviolate from force and brawls , aswell in respect of reverence to the place , as in respect of danger and greater trouble , and of all example to the whole Kingdome ; and therefore in that place all should be full of peace , order , regard , forbearance , and silence . Besides open force , there is a kind of force that commeth with an open and armed hand , but disguised , that is , no lesse hateful and hurtful , and that is , abuse and oppression by authority . And therefore you shall enquire of all Extortions in Officers , and Ministers ; as Sheriffs , Bailiffs of hundred , Escheators , Coroners , Constables , Ordinaries , and other ; who by colour of Office do pole the people . For frauds and deceipts , I do chiefly commend to your care , the frauds and deceipts in that which is the chief means of all just contract and permutation , which is , Weights and Measures , wherein , although God hath pronounced , that a false weight is an abomination , yet the abuse is so common and so general , I mean of Weights , and I speak upon knowledge and late examination , that if one were to build a Church , he should need but false Weights , and not seek them far off , the Bills or Piles of Brasse to make the Bells , and the Weight of Lead to make the Battlements : And herein you are to make special enquiry , whether the Clerk of the Market within the Verge , to whom properly it appertains , have done his duty . For Nusances and Grievances , I will for the present only single out one , That you present the decayes of High-ways and Bridges ; for where the Majesty of a Kings House draws recourse and accesse , it is both disgraceful to the King , and also diseaseful to the people , if the ways near about be not fair and good ; wherein it is strange to see the chargeable Pavement and Cawseys in the entrances of Towns abroad beyond the Seas , whereas London , the second City , at the least , of Europe , in glory , in greatness , and in wealth , cannot be discerned by the fairnesse of the wayes , though a little perhaps by the Broadnesse of them from a Village . For the last part , because I passe these things over briefly , I will make mention to you of three Laws . The one concerning the Kings pleasure . The second , concerning the peoples food . And the third , concerning Wares and Manufactures . You shall therefore enquire of the unlawful taking of Partridges , and Pheasants , or Fowle , the detraction of the Eggs of the said Wild-fowl , the killing of Hares or Deer , and the stealing of Venison , or Hares : for that which is for exercise , and sport , and courtesie , should not be turned to Gluttony and Sale Victual . You shall also enquire whether Bakers , and Brewers keep their Assize , and whether aswell they , as Butchers , Inn-holders , and Victuallers , do sell that which is wholsome , and at reasonable prices ; and whether they do link and combine to raise prices . Lastly , you shall enquire whether the good Statute be observed , whereby a man may have that he thinketh he hath , and not be abused or misserved in that he buyes : I mean , the Statute that requireth that none use any mannual occupation , but such as have been seven years Apprentice to it , which Law being generally transgressed , makes the people buy in effect Chaff for Corn , for that which is miswrought will miswear . There be many more things inquireable by you , throughout all the former parts , which it were over-long in particular to recite ; you may be supplyed either out of your own experience , or out of such Bills and Informations as shall be brought unto you , or upon any question that you shall demand of the Court , which will be ready to give you any further direction , as far as it is fit : But these which I have gone through are the principal points of your charge , which to present , you have taken the Name of GOD to witnesse ; and in the Name of GOD perform it . Dixi. FINIS . Notes, typically marginal, from the original text Notes for div A28070-e200 Articuli super Chartas c. 3.13 . R. 2. c. 3.33 . H. 8. c. 12. God & the Church . Profanations . 1. E. 6. c. 1 , & 1. Eliz. c. 2.1 . M. c. 3.5 . E. 6. c. 4.13 . E. 1. Stat. of Winton . Profanations . Breach of Unity . Perjury . Conjuration and Witchcraft . 1. Iacob . c. 12. Supremacy placed with offences of State. The King and the State. The Kings person . Privy Councellor . Representation of person . The state . Invasion and Rebellion . Alienation of hearts . Supremacy , Treason , &c. 5 Eliz. c. 1. Iesuits . 3 Iac. c. 4. & 5. 28 El. c. 2. 13 El. c. 2. 23 El. c. 1. Agnus Dei. Militar . Prophecies The people capital . Life . 1. Iac. c. 8. Honesty of Life . 1 Iac. c. 11. 28 E. 1. Articuli super Chartasc . 2.31 El. c. 4.33 H. 6. c. 1.21 H. 8. c. 7. The people not capital . Force . Nusance . Breach of Statutes . Kings Pleasure . Food . Manufactures . 5 Eliz. c. 4.