a charge give by the most eminent and learned sir Francis bacon Kt late lord  chancellor of England at a session hold for the verge in the reign of the late  king James declare the latitude of the jurisdiction thereof and the offence  therein inquireable as well by the commonlaw as by several statute herein  particular mention sir Francis Bacon charge at the session of the verge you be  to know and consider well the duty and service to which you be call and  whereupon you be by your oath charge it be the happy estate and condition of  the subject of this realm of England that he be not to be impeach in his life  land or good by fly rumour and wander fame and report or secret and private  inquisition but by the oath and presentment of man 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 be now to perform shall  be negligent and remiss in do their duty for as of two evil it be better man  do be look into over strict and severe then that there shall be a notorious  impunity of malefactor as be well and wise say of ancient time a man be better  live where nothing be lawful then where all thing be lawful this therefore  rest in your care and conscience forasmuch as at you justice begin and the law  can parsue and choose offender to their deserve fall except you first put then  up and dis\cover they whereby they may be bring to answer for your verdict be  conclude to condemn but it be necessary to charge and without it the court can  proceed to condemn consider therefore that you be the eye of justice you ought  to be single without partial affection watchful not asleep nor false asleep  wink at offender and sharp sight to proceed with understnding and discretetion  for in a word if you shall not present unto the court all such offence as  shall appear unto you either by evidence give in or otherwise mark what I say  of your own knowledge which have be commit within the verge which be as it be  the limit of your survey but shall smother and conceal any offence Willing  then the guiltiness of other will cleave to your conscience before God and  beside you be answerable in some degree to the king and his law for such your  default and suppression and therefore take good regard unto it you be to serve  the king and his people you be to keep and observe your oath you be to acquit  your self but there be yet more cause why you shall take more especial regard  to your presentment then any other grand jury within the county of this  kingdom at large for as it be a near degree and approach unto the king which  be the fountain of justice and government to be the king servant then to be  the king subject so this Commission ordain for the king servant and household  ought in the execution of justice to be exemplary unto other place David say  who be a king the wicked man shall not abide in my house as take knowledge  that it be impossible for king to banish wickedness by the extend 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 do so esteem the  dignity of the king settle mansion house as it have lie unto it a plot of  twelve mile round which we call the verge to be subject to a special exempt  jurisdiction depend upon his person and great officer this be as a half pace  or carpet spread about the king chair of estate which therefore ought to be  clear and void more then other place of the kingdom for if offence shall be  shroud under the king wing what hope be there of discipline and justice in  more remote part we see the sun when it be at the bright there may be perhaps  a bank of cloud in the north or west or remote region but near his body few or  none for where the king come there shall come peace and order and a awe and  reverence in man heart and this jurisdiction be in ancient time execute and  since by statute ratify by the lord steward with great ceremony in the nature  of a peculiar king bench for the verge for it be think a kind of eclipse to  the king honour that where the king be any justice shall be seek but immediate  from his own officer but in respect that office be oft void this Commission  have succeed which change I do not dislike for though it have less state yet  it have more strength legal therefore I say you that be a jury of the verge  shall leave and give a pattern unto other in the care and conscience of your  presentment concern the particular point and article whereof you shall inquire  I will help your memory and I own with order neither will I lead you or  trouble my self with every branch of several offence but stand upon those that  be principal and most in use the offence whereof that you be to present be of  four nature the first such as concern God and his church the second such as  concern the king and his state the three such as concern the king people and  be capital the four such as concern the king people not capital the service of  almighty God upon who blessing the peace safety and good estate of king and  kingdom do depend may be violate and God dishonour in three manner by  profanation by contempt and by division or breach of unity first if any man  have deprave or abuse in word or deed the bless sacrament or disturb the  preacher or congregation in the time of divine service or if any have  malicious strike with weapon or draw weapon in any church or church yard or if  any fair or market have be keep in any church yard these be profanation within  the purview of several statute and those you be to present for holy thing  action time and sacred place be to be prefer in reverence and divine respect  for contempt of our church and service they be comprehend in that know name  which too many if it please God bear recusancy which offence have many branch  and dependency the wife recusant she tempt the church papist he feed and  relevies the corrupt schoolmaster he sow be sad the dissembler he conform and  do not communicate therefore if any person man or woman wife or sole above the  age of sixteen year not have some lawful excuse have not repair to church  accord to the several statute the one for the weekly the other for the monthly  repair you be to present both the offence and the time how long again such as  maintain relieve keep in service of livery recusant though themselves be none  you be likewise to present for these be like the root of nettle which sting  not themselves but bear and maintain the sting leave so if any that keep a  schoolmaster that come not to church or be not allow by the bishop for that  infection may spread for so such recusant as have be convict and conform and  have not receive the sacrament once a year for that be the touch stone of  their true conversion and of these offence of recusant take you especial  regard twelve mile from court be no region for such subject in the name of God  why shall not twelve mile about the king chair be as free from papist recusant  as twelve mile from the city of Rome the pope chair be from protestant there  be hypocrite and atheist and so I fear there be among we but no open contempt  of their religion be endure if there must be recusant it be better they lurk  in the country then here in the bosom of the kingdom for matter of division  and breach of unity it be not without a mystery that Christ coat have no Seam  nor no more shall the church if it be possible therefore if any minister  refuse the book of common prayer or wilful swerve in divine service from that  book or if any person whatsoever do scandalize that book or if any person  whatsoever do and speak open and malicious in derogation of it such man do but  make a rend in the garment and such be by you to be inquire of but much more  such as be not only differ but in a sort opposite unto it by use a  superstitious and corrupt from of divine service I mean such as say or hear  mass these offence which I have recite to you be against the service and  worship of God there remain two which likewise pertain to the dishonour of God  the one be the abuse of his name by perjury the other be the adhere to God  declare enemy evil and outcast spirit by conjuration and witchcraft for  perjury it be hard to say whether it be more odious to God or pernicious to  man for a oath say the apostle be the end of controversy if therefore that  boundary of suit be take away or misset where shall be the end therefore you  be to inquire of wilful and corrupt perjury in any of the king court yea of  the court baron and the like and that as well of the actor as of the procurer  and Subborners for witchcraft by the former law it be not death except it be  actual and gross of invocation of evil spirit or make covenant with they or  take away life by witchcraft but now by a Act in his majesty time charm and  sorcery in certain case of procure of unlawful love or bodily hurt and other  be make felony the second offence the first be imprisonment and pillory and  here I do conclude my first part concern religion and ecclesiastical cause  wherein it may be think that I do forget matter of supremacy or of jesuits and  seminary and the like which be usual sort with cause of religion but I must  have leave to direct my self accord to I own persuasion which be that  whatsoever have be say or write on the other side all the late statute which  inflict capital punishment upon extollers of the pope supremacy denier of the  king supremacy jesuits and seminary and other offender of that nature have for  their principal scope not the punishment of the error of conscience but the  repress of the peril of the estate this be the true spirit of the law and  therefore I will place they under my second division which be of offence which  concern the king and his estate to which now I come these offence therefore  respect either the safety of the king person or the safety of his estate and  kingdom which though they can be dissever in deed yet they may be distinguish  in speech first then if any have conspire against the life of the king which  God have in his custody or of the queen majesty or of the most noble prince  their old son the very compass and very imagination thereof be high treason if  it can be prove by any fact that be overt for in the case of so sudden dark  and pernicious and peremptory attempt it be too late for the law to take a  blow before it give and this high treason of all other be most heinous of  which you shall inquire though I hope there be no cause there be another  capital offence that have a affinity with this whereof you here within the  verge be most proper to inquire the king privycouncil be as the principal  watch over the safety of the king so as their safety be a portion of his if  therefore any of the king servant within his Chequer roll for to they only the  law extend have conspire the death of any the king privycouncil this be felony  and thereof you shall inquire and since we be now in that branch of the king  person I will speak also of the king person by representation and the treason  which touch the same the king person and authority be represent in three thing  in his seal in his money and in his principal magistrate if therefore any have  counterfeit clip or scale his money or other money currant this be high  treason so to kill certain great officer or judge execute their office we will  pass now to those treason which concern the safety of the king state which be  of three kind answer to three peril which may happen to a estate these peril  be foreign invasion open rebellion and sedition and privy practice to alienate  and estrange the heart of the subject and to prepare they either to adhear to  enemy or to burst out into tumult and commotion of themselves therefore if any  person have solicit or procure any invasion from foreigner or if any have  combine to raise and stir the people to rebellion within the realm these be  high treason tend to the overthrow of the state of this common wealth and to  be inquire of the three part of practice have diverse branch but one principal  root in these our time which be the vast and over spread ambition and  usurpation of the see of Rome for the pope of Rome be accord to his last  challenge and pretence become a competitor and corrival with the king for the  heart and allienations of the people and to make they as fuel ready to take  fire upon any of his command this be that yoke which this kingdom have happy  cast off even at such time when the Popish religion be nevertheless continue  and that diverse state which be the pope vassal do begin to shake of if  therefore any person have maintain and extol the usurp authority of the bishop  of Rome within the king dominion by write preach or deed advice or direct and  malicious or if any person have withdraw and reconcile any of the king subject  from their obedience or any withdraw and reconcile themselves or if any  subject have refuse and second time to take the oath of supremacy lawful  tender or if any Jesuit or seminary come and abide within this realm these be  by several statute make in case of treason the law account these thing as  preparative and the secret motion of sedition and revolt these you be to  inquire both of the actor c receiver maintainer and concealers c traitor as  well as the principal in some case some other in misprissions of treason and  in some other felony as namely that of the relieve of jesuits and priest the  bring in and disperse of Agnus God cross picture or such trash be likewise  praemunire and so be the denial to take the oath of supremacy the first time  and because in the disposition of a state to trouble and perturbation military  man be most tickle and dangerous therefore if any of the king subject go over  to serve in foreign part and do not first endure the touch that be take the  oath or if he have bear office in any Army and do not enter into bind with  surety as be prescribe this be make felony and of such you shall inquire last  because the vulgar people be sometime lead with vain and find prophecy if any  such shall be publish to the end to move stir or tumult this be not felony but  punish by a year imprisonment and lose of good and of this also shall you  inquire you shall likewise understand that the escape of any prisoner commit  for treason be treason whereof you be likewise to inquire now come I to the  three part of my division that be those offence which concern the king people  and be capital which nevertheless the law term offence against the crown in  respect of the protection that the king have of his people and the interest he  have in they and their welfare for touch they touch the king these offence be  of three nature the first concern the preservation of their life the second of  honour and honesty of their person and family and the three of their substance  first for life I must say unto you in general that life be grow so cheap in  these time it be set at the price of word and every petty scorn and disgrace  can have no other reparation nay so many man life be take away with impunity  that the very life of the law be almost take away with the execution and  therefore though we can restore the life of those man that be slay yet I pray  let we restore the law to her life by proceed with due severity against the  offender and most special this plot of ground which be the king carpet ought  not to be stain with blood cry in the ear of God and the king it be true  nevertheless that the law do make diverse just difference of life take away  but yet no such difference as the wanton humour and bravery of man have under  a reverend name of honour and reputation invent the high degree be where such  a one be kill unto who the offender do 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 term petty treason the second be where a man be slay upon  forethink malice which the law term murder and it be a offence horrible and  odious and can be blanch nor make fair but foul the three be where a man be  kill upon a sudden heat or affray whereunto the law give some little favour  because a man in fury be not himself iris i furor short catalog wrath be a  short madness and the wisdom of law in his majesty time have make a  subdivision of the stab give where the party stab be out of defence and have  not give the first blow from other manslaughter the four degree be that of  kill a man in the party own defence or by misadventure which though they be  not felony yet nevertheless the law do not suffer they to go unpunished  because it do kindle spark of a bloody mind in the one and defence in the  other and the five be where the law do admit fortification not by plea for a  man may not that shed blood justify the fact with plead Non-guilty the case be  find by verdict be disclose upon the evidence as where a man in the king high  way and peace be assail to be murder or rob or when a man defend his house  which be his castle against unlawful violence or when a sheriff or minister of  justice be resist in the execution of his office or when the patient die in  the surgeon hand upon cut or otherwise for these case the law do privilege  because of the necessity and because of the innocency of the intention thus  much for the death of man of which case you be to inquire together with the  accessary before and after the fact for the second kind which concern the  honour and chasteness of person and family you be to inquire of the ravishment  of woman of the take of woman out of the possession of their parent or  guardian against their will or marry or abuse they or double marry where there  be not first seven year absence and no notice that the party so absent be  alive and other felony against the honesty of life for the three kind which  concern man substance you shall inquire of burglary robbery cut of purse and  take of any thing from the person and general all other stealth aswell such as  be plain as those that be disguise whereof I will by and by speak but first I  must require you to use diligence in present special those purloin and  imbezillments which be of plate vessel or whatsoever within the king house the  king house be a open place it ought to be keep safe by law and not by lock and  therefore needs the more severity now for colour or disguise robbery I will  name two or three of they the purveyor that take without warrant two or three  of they be no better then a thief and it be felony the servant that have the  keep of his majesty good and go away with they though he come to the  possession of they lawful it be felony of these you shall likewise inquire  principal and accessary the voluntary escape of a felon be also felony for the  last part which be of offence concern the people not capital there be many but  I select only such as I think fit to be remember unto you still divide to give  you the better light they be of three nature the first be matter of force and  outrage the second matter of fraud and deceit the three breach and  inobservance of certain wholesome and politic law for government for the first  you shall inquire of riot and unlawful assembly of forcible entry and  detainets with force and proper all assault of strike draw weapon or other  violence within the king house and the precinct thereof for the king house  from whence example of peace shall flow in the far part of the kingdom as the  ointment of Aaron head to the skirt of his garment ought to be sacred and  inviolate from force and brawl aswell in respect of reverence to the place as  in respect of danger and great trouble and of all example to the whole kingdom  and therefore in that place all shall be full of peace order regard  forbearance and silence beside open force there be a kind of force that come  with a open and arm hand but disguise that be no less hateful and hurtful and  that be abuse and oppression by authority and therefore you shall inquire of  all extortion in officer and minister as sheriff bailiff of hundred escheator  coroner constable ordinary and other who by colour of office do pole the  people for fraud and deceit I do chief commend to your care the fraud and  deceit in that which be the chief mean of all just contract and permutation  which be weight and measure wherein although God have pronounce that a false  weight be a abomination yet the abuse be so common and so general I mean of  weight and I speak upon knowledge and late examination that if one be to build  a church he shall needs but false weight and not seek they far off the bill or  pile of brass to make the bell and the weight of lead to make the battlement  and herein you be to make special enquiry whether the clerk of the market  within the verge to who proper it appertain have do his duty for nuisance and  grievance I will for the present only single out one that you present the  decay of high way and bridge for where the majesty of a king house draw  recourse and access it be both disgraceful to the king and also diseaseful to  the people if the way near about be not fair and good wherein it be strange to  see the Chargeable pavement and causeys in the entrance of town abroad beyond  the sea whereas London the second city at the least of Europe in glory in  greatness and in wealth can be discern by the fairness of the way though a  little perhaps by the broadness of they from a village for the last part  because I pass these thing over brief I will make mention to you of three law  the one concern the king pleasure the second concern the people food and the  three concern ware and manufacture you shall therefore inquire of the unlawful  take of partridge and pheasant or foul the detraction of the egg of the say  wild fowl the kill of hare or Deer and the steal of venison or hare for that  which be for exercise and sport and courtesy shall not be turn to gluttony and  sale victual you shall also inquire whether baker and brewer keep their assize  and whether aswell they as butcher innholder and victualer do sell that which  be wholesome and at reasonable prince and whether they do link and combine to  raise prince last you shall inquire whether the good statute be observe  whereby a man may have that he think he have and not be abuse or misserved in  that he buy I mean the statute that require that none use any mannual  occupation but such as have be seven year apprentice to it which law be  general transgress make the people buy in effect Chaff for corn for that which  be miswrought will miswear there be many more thing inquireable by you  throughout all the former part which it be over long in particular to recite  you may be supply either out of your own experience or out of such bill and  information as shall be bring 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 be fit but these which I have go through be the principal point of  your charge which to present you have take the name of God to witness and in  the name of God perform it to say Finis