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several offences, but stand upon those that are principal and
I. The first, such as concern God and his church.
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, God and
his church. 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. First, if any man hath depraved or abused in word or deed Profa
nations, 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 profanations within the purview of several statutes, and these you are to present: for holy things, actions, times, sacred places, are to be preserved in reverence and divine respect.
For contempts of our church and service, they are compre- Contempts hended in that known name, which too many, if it pleased God, dol 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 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 be like the roots of nettles, which sting not themselves, but bear and maintain the stinging leaves : so of? 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 recusants as have been con
i to in MS. An interlinear correction, which seems to leave an error somewhere. • if in MS.
victed and conformed, and have not received the sacrament once
the bosom of the kingdom.
a mystery that Christ's coat had no seam, nor no more should
These offences which I have recited to you are against the
God or pernicious to man; for an oath, saith the Apostle, is the
actors, as of the procurer and suborner. Conju
For witchcraft, by the former law it was not death, except it ration and were actual and gross invocation of evil spirits, or making covenant witchcraft.
with them, or taking away life by witchcraft. But now by an act
made felony the second offence; the first being imprisonment and pillory.
And here I do conclude my first part concerning religion and Supremacy ecclesiastical causes: wherein it may be thought that I do forget
placed matters of supremacy, or of Jesuits, and Seminaries, and the like, offences which are usually sorted with causes of religion. But I must have leave to direct myself according to my 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 The K. and person or the safety of his estate and kingdom, which though they the state. cannot be dissevered in deed, yet they may be distinguished in speech. First, then, if any have conspired against the life of the
The K.'s King, which God have in his custody, or of the Queen's ma- person. jesty, 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.
There is another capital offence that hath an affinity with this, Privy whereof you here within the Verge are most properly to inquire. Council. The King's privy-council 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 King's servants within his cheque-roll (for to them only the law extends) have conspired the death of any the King's privy-council, this is felony, and thereof you shall inquire.
And since we are now in that branch of the King's person, RepresenI will speak also of the King's person by representation, and the tation of
person. treasons which touch the same.
The King's person and authority is represented in three things;
in his seals, in his monies, 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 monies, or other monies current, this is high treason. So is it to kill
certain great officers or judges executing their office. The state. We will pass now 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 invasion, open rebellion and sedition, and privy practice to alienate and estrange the hearts of the subjects, and to prepare them either to adhere to enemies, or to burst out in tumults
and commotions of themselves. Invasion Therefore if any person have solicited or procured any invasion
from foreigners : or if any have combined to raise and stir the rebellion.
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. Aliepation The third part of practice hath divers branches, but one prinof hearts.
cipal 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 love-tokens 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. Supre- If therefore any person have maintained and extolled the
usurped authority of the Bishop of Rome within the King's doJesuits, minions, by writing, preaching, or deed, advisedly, directly, and
malicionsly; or if any person have published or put in use any of the Pope's bulls or instruments of absolution; or if any per
1 son have withdrawn and reconciled any of the King's subjects from their obedience, or been withdrawn and reconciled : or if any subject have refused the second time to take the oath of supremacy lawfully tendered; or if any Jesuit or seminary come and abide within this realm; these are by several statutes made
macy, treason, and
case of high treason: the law accounting these things as preparatives, and the first wheels and secret motions of seditions and revolts from 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 misprison 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, Agnus Dei. 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 per- Militar. turbations, 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 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 Prophe
cies. 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 The people, offences which concern the King's people, and are capital ;
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 offences 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 Life. grown too cheap in these times. It is set at the price of words, and every petty scorn or disgrace can have no other reparation;