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A19078 The Lord Coke his speech and charge VVith a discouerie of the abuses and corruption of officers. Pricket, Robert.; Coke, Edward, Sir, 1552-1634. 1607 (1607) STC 5491; ESTC S104999 27,699 62

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take vpō him the Place person of a Iudge but did vse all his Friendes and greatest power of meanees to perswade the Senate to alter their determination concerning him and to bestow so great an Office on some other that might more worthily deserue the same Whilest this young man continued in a discontented passion with purpose to desire some good aduice he goeth vnto a faithfull friend of his whom he acquainted with what the Senate purposed and how loath he was to vndertake so high an Office as to be a Iudge His friend vpon hearing the cause presently concluded that hee had great reason to shun the execution of such an Office in the discharge whereof so much danger rested For said he Caue ne sis Iudex inter Amicos because inter Amicos Inditare Amōgst friends to iudge is a thing nothing more dāgerous And therfore he cōstātly aduised that in any wise he should refuse such honor though offered vnto him and rather be contented with a meane and priuat life then in such a place to be imployed in which he should assuredly loose old friends and get new enemies This yong man though thus by his friend aduised and in himselfe resolued neuer to take vpō him any such as he accounted dangerous dignitie yet whē he vnderstood that the Senat would not be altered in their purpose but that by them the place was decreed vnto him he then determined with himselfe to trie the counsell of some other friend whose Iudgement and Experience might beare some generall note in directing the high affaires to the State belonging And in this purpose he went vnto a certain Nobleman whose prudent wisdome had oft bin vsed in businesse of most w●ighty consequence vnto whom when he had laid open his mind shewed his griefe and signified the Senats pleasure The noble Gentleman with pleasant yet graue alacritie of spirit seasoned with the soundnesse of a learned and vnderstanding wisedome did most powerfully aduise that this young man should cheerfully accept so worthy an Office being so freely bestowed vpon him And that he should by no means seeme to neglect the gracious clemencie of supreme authoritie Nor in any sort account it dangerous amongst friends to iudge for in the Office and execution of Iudgement he that is a Iudge Desinet esse Amicus ceaseth to be a friend for in the manner of iudgement no acquaintance no griefes no friends no remembrance of fore-passed present or hope of future friendship must direst the thoughts of him that is a Iudge All that on iudgements seat is done must be because Iustice commaunds the doing thereof and that with no other affection but onely because it is just And therefore said this Noble Gentleman vnto his friend arme thy selfe in the constancie of a conscionable vprightnes and be noe longer loath to execute the Honorable Office of a Iudge but in thy loue to Romes Common-wealth dedicate thy laboures to her publique benifit By the graue and sage aduice of that Honored Lord this yong man was perswaded contrarie to his former purpose with humble thankfulnes to accept that Office which the Senate without any meanes of his was pleased freelie to bestowe vpon him and yet generallie made shewe as if he ment the contrarie and soddainlie preparing a sumptuous Feast vnto which he enuited all his Friends Kinsfolke and familiar acquintance seeming that in regard he did rather choose to leaue his Countrie then to take vpon him the Office of a Iudge he had prouided a Bāquet or Feast to Banquet with his Friendes before his departure and in some solemne maner would take leaue of them all Who being as they thought to this end assembled did sorrowfully expect the occation of their griefe by the departure of their friend which when the yong man perceiued he spake thus vnto them It is true that I purpose as I must to take my leaue of you all and to be a stranger to my dearest friends and nearest Allies I must forget all former friendships and my most familiar Acquaintance I must accompt as greatest strāgers vnto me Thus must I depart from you yet continue amongst you for by the loue power authoritie of the Senate I am appointed to be a Iudge and in the seate of Iustice I must forget the remembrance of your former friendships and acquaintance and onely in the person of a Iudge with respect to keepe my conscience cleare I must with equitie vprightnes iustly administer iustice vnto you all And this is my cause by the loue fauour of my greatest maister King Iames in whose royall and gratious disposition I am Sinè precationè vel precatio without price or request freely called vnto this great Office by the fauour of my King Vnto whose seruice my life and all I haue is humbly bound by him and by his gratious Clemency I am thus sent to bee a Iudge amongst my Kinlfolkes and familiar friends euen in bosome of my natiue Countrie I must therefore as the young Romaine did take leaue of all former Acquaintance do that which is iust vnto all Estates and Degrees without partialitie Which dutie by Gods permission and assistance I will faithfully performe so long as God and my King shall please that in this place I be employed in the vprightnesse and equitie of Iudgement shall all my performance entirely consist The contrarie whereof shall as I hope neither be desired nor expected And thus much for my selfe ¶ Here followeth the words of his Charge in Order AS concerning the manner and Method of my charge I will for order and memorie sake extract or draw forth all that I purpose to speake from fiue words in his Maiesties Commission contained the words are these Quis Quibus Quid Quomodo and de Quibus Quis from whom the Commission commeth Quibus to whom it is directed Quid what it concerneth Quomodo how it ought to be executed and de Quibus of whō and of what causes wee are to enquire by vertue of the Commission vnto vs graunted and this last De Quibus is of all the rest the greatest As touching the first word Quis whom or from whom our Commission commeth that is from the Imperiall Maiestie of Great Brittaines Monarchie our dread Lord and Soueraigne King Iames the lawfull Heyre vnto our Kingdomes Throne whose Princely Scepter is his proper owne by a most royall and lineall discent It is his Commission by whose powerfull authoritie we are now and at all times commaunded to doe him seruice for the awfull sway of his Soueraigne gouernment doth ought and must inioyne all his subiects to a due subiection and obedience for he is ouer vs the Lords annointed and in these his Realmes and Dominions in all Causes ouer all Persons as well Ecclesiasticall as Ciuile next vnder Christ Iesus our supreame Gouernour Vnto his Highnesse then let our liues submission bend let our faiths loyaltie dedicate it selfe vnto his vertues praise and for the
vs to get something But in the middest of this intended preparation it happened that her Maiestie Royall and most gracious Elizabeth died And our now Imperiall Soueraigne King Iames did both inherite her kingdomes and her vertues His Majestie beeing with peace established in his royall seate the king of Spaine would no longer embrace his former purposed appointment Nor would consent that any thing should against a king be plotted with whom he neuer had warre Nor by whom he neuer receiued any iniurie So as our Papists were in that behalfe dismissed of their expected hope and enforced to seeke out some other meanes and now I will bewray a secret I am sure not generally knowne In the discourse whereof I doe desire attention Pope Clement the ninth who was accounted the last best of many Popes all notwithanding being naught He vnderstanding Spaines purpose as before is specified concerning an inuasion supposing that the Queene might die before that businesse tooke effect And foreseeing vnto whom these kingdomes should of right descend sent secretly a Bull into England which was so closely concealed amongst our Papistes here as that her Maiestie in her life time knewe not thereof For if she had I am sure that by reasō of mine employment neare vnto her I should haue heard if she had knowne any such thing But assuredly both her selfe and the State were ignorant therof But now this Bull being brought to light which my selfe haue seen read it importeth thus much quādo contingeret illam miserimā Elizabethā mortuā esse That when that miserable wench Elisabeth should happen to dye Tunc nos volumus Then we will that all and euery of you do vse your best vttermost endeuors quibuscunque modis et vi●s by what strength or meanes so euer to keepe out the Scottish Hereticke that in any wise he may not be admitted to the kingdome of England vnlesse he would reconcile himselfe to Rome and hold his crowne of the Pope and conforme himselfe and all his subiects to the religion of the Romane Church This Bull vntil Garnet was taken slept in England beeing filled with a most proud scornfull and Trayterous boldnesse When that miserimam foeminam Miserable woman or wench Elizabeth shall dye had the Papall proud vsurper no other attribute to bestowe vppon a Queene then Miserable wench shee liued Renowned thorough all the Corners of the worlde shee ruled in peace beloued of all her Subiects vnlesse those infected with the Romane Leprosie shee was admired feared co●fre●●ing all oppositions with vndoubted confidence shee was a Prince potent enough to defend her Kingdomes and to helpe her Neighbours beeing oppressed with glorious victorie she beat Spaine from off her coasts and rifled him in the bosome of his owne kingdome wrapping his townes and shippes in cloudes of fire and smoake She swayed the Royall Scepter of her kingdomes gouernement with triumphant victorie maintaining peace ámongst her people euen in the worlds despight 44 yeares her vnmatched wisedome and vnconquered prowes crowned her the Peerelesse wonder of her sexe she liu'd and di'd a Queene her life beloued and her death lamented And yet for all this was she no more in the Popes account then a miserable wench Let the Popes pride sinke to hell whilest heauens Elizabeth whose blessed soule from earth to heauen is taken doth and shall with God and Christ for euer liue in the heauenly glorie of eternall happinesse Pope Clement the ninth hauing by his Bull as before specified giuen commaundement that the Papists should by all meanes howsoeuer withhold our now Soueraigne from his lawfull right And notwithstanding that Rebellious Commission his Maiestie being with great ioy peaceably enstalled Peersie Catesby went vnto their great Prouinciall Garnet of him enquired whether the king being as he was alreadie established they might by vertue of the Popes Bull vse any meanes to supplant or depose him considering they were not of force to withstand his comming at the first And Garnet answered that vndoubtedly they might whereuppon they presently resolued to put in execution that most horrible powder treason the like whereof vntill that time was neuer to the world reported Some are of opinion that if a tolleration of religion had bin admitted vnto the Papists that then no such bloudie stratagem should by any of them haue bene practised But if you shall consider the tenor of the Popes Bull you may then perceiue that their request of indifferent Tolleration was but a colourable pretence in them For that might not haue serued their turnes For they were enioyned to worke his Maiesties ouerthrow vnlesse he would reconcile himselfe to Rome hold his Crowne of the Pope and conforme himselfe and all his subiects to the Religion of the Roman Church It is not then a toleration only which they seeke nor could they haue bene contented therewith although so much shall neuer be granted vnto them They may therefore easily despaire of the rest though they the Pope and the Diuell doe neuer so much conspire to bring their Hell-borne practises to passe As touching the last horred treason by inhuman sauages complotted I know not what to speake because I want words to describe the trayterous detestable tyrannicall bloudie murtherous villanie of so vilde an action Onely this had their horrible attempt taken place This Sea-Inuyrond-Iland the beauty and wonder of the world This so famous and farre renowm'd great Brittaines Monarchie had at one blowe endured a recouerlesse ruine being ouerwhelmed in a sea of bloud all those euils should haue at one instant happened which would haue made this happiest kingdome of all kingdomes the most vnhappy Our conquering Nation conquered in her selfe her faire and fertile bosome beeing by her owne natiue though foule vnaturall children torne in peeces should haue beene made a scorne to all the nations of the earth This so well planted pleasant fruitfull worlds accounted Edens paradise should haue beene by this time made a place disconsolate auast and desert wildernesse generally ouerrunne with heards of bloud-desiring wolues This so well gouern'd Populous potent Monarchy had in one moment beene left without either King Queene Prince State Nobility Law Iustice or any strength of gouernment sodainly had we then beene throwne not onely to the cruelty of ciuill warre that too too murtherous Domestick spoyling enemie But also euen in that instant generally haue beene exposed vnto the all-deuouring hand of forraine Enemies in our Congregations the songs of Syon had no more been sung But in their steed had bin brought vnto vs the songs of Gehenna sēt from Rome that Sathans synagogue all our best-freedomes liberty had by this bene turn'd into the worst bondage of most slauish seruitude Papists Romane Catholickes that would haue wrought all our destructions thus Should not Iustice iustly then commaund their actions chiefly to be enquired of If what hath bene spoken be vnto your memories committed you may then consider that from the eleuenth yeare of Queene Elizabeths