they buy by their purse or acquire by the selfe same meanes that you doe And as for the point of naturalizing which is the point thought so fit and so precisely belonging to Parliament not to speake of the Common law wherein as yet I can professe no great knowledge but in the Ciuill law wherein I am a little better versed and which in the point of Coniunction of Nations should beare a great sway it being the Law of Nations I will mainteine two principles in it which no learned and graue Ciuilian will deny as being clearely to be proued both out of the text it selfe in many places and also out of the best approued Doctours and interpreters of that law The one that it is a speciall point of the Kings owne Prerogatiue to make Aliens Citizens and donare Ciuitate The other that in any case wherein the Law is thought not to be cleare as some of your selues doe doubt that in this case of the postnati the Law of England doth not clearely determine then in such a question wherein no positiue Law is resolute Rexest Iudex for he is Lex loquens and is to supply the Law where the Law wants and if many famous histories be to be beleeued they giue the example for mainteining of this Law in the persons of the Kings of England and France especially whose speciall Prerogatiue they alleadge it to be But this I speake onely as knowing what belongeth to a King although in this case I presse no further then that which may agree with your loues and stand with the weale and conueniencie of both Nations And whereas some may thinke this Vnion will bring preiudice to some Townes and Corporations within England It may bee a Merchant or two of Bristow or Yarmouth may haue an hundred pounds lesse in his packe But if the Empire gaine and become the greater it is no matter You see one Corporation is euer against another and no priuate Companie can be set vp but with some losse to another For the supposed inconueniences rising from Scotland they are three Fourth First that there is an euill affection in the Scottish Nation to the Vnion Next the Vnion is incompatible betweene two such Nations Thirdly that the gaine is smal or none If this be so to what end do we talke of an Vnion For proofe of the first point there is alleadged an auersenesse in the Scottish Nation expressed in the Instrument both in the preface and body of their Acte In the preface where they declare That they will remaine an absolute and free Monarchie And in the body of the Acte where they make an exception of the ancient fundamentall Lawes of that Kingdome And first for the generall of their auersenes All the maine current in your Lower-house ranne this whole Session of Parliament with that opinion That Scotland was so greedy of this Vnion and apprehended that they should receiue so much benefit by it as they cared not for the strictnesse of any conditions so they might attaine to the substance And yet you now say they are backwards and auerse from the Vnion This is a direct contradiction In adiecto For how can they both be beggers and backwards in one and the selfe same thing at the same time But for answere to the particulars It is an old Schoole point Eius est explicare cuius est condere You cannot interpret their Lawes nor they yours I that made them with their assent can best expound them And first I confesse that the English Parliaments are so long and the Scottish so short that a meane betweene them would doe well For the shortnesse of their continuing together was the cause of their hastie mistaking by setting these wordes of exception of fundamentall Lawes in the body of the Acte which they onely did in pressing to imitate word by word the English Instrument wherein the same wordes be conteined in your Preface And as to their meaning and interpretation of that word I will not onely deliuer it vnto you out of mine owne conceipt but as it was deliuered vnto mee by the best Lawyers of Scotland both Counsellours and other Lawyers who were at the making thereof in Scotland and were Commissioners here for performance of the same Their meaning in the word of Fundamentall Lawes you shall perceiue more fully hereafter when I handle the obiection of the difference of Lawes For they intend thereby onely those Lawes whereby confusion is auoyded and their Kings descent mainteined and the heritage of the succession and Monarchie which hath bene a Kingdome to which I am in descent three hundreth yeeres before CHRIST Not meaning it as you doe of their Common Law for they haue none but that which is called IVS REGIS and their desire of continuing a free Monarchie was onely meant That all such particular Priuiledges whereof I spake before should not bee so confounded as for want either of Magistrate Law or Order they might fall in such a confusion as to become like a naked Prouince without Law or libertie vnder this Kingdome I hope you meane not I should set Garrisons ouer them as the Spaniards doe ouer Sicily and Naples or gouerne them by Commissioners which are seldome found succeedingly all wise and honest men This I must say for Scotland and I may trewly vaunt it Here I sit and gouerne it with my Pen I write and it is done and by a Clearke of the Councell I gouerne Scotland now which others could not doe by the sword And for their auersensse in their heart against the Vnion It is trew indeede I protest they did neuer craue this Vnion of me nor sought it either in priuate or the State by letters nor euer once did any of that Nation presse mee forward or wish mee to accelerate that businesse But on the other part they offered alwayes to obey mee when it should come to them and all honest men that desire my greatnesse haue beene thus minded for the personall reuerence and regard they beare vnto my Perion and any of my reasonable and iust desires I know there are many Piggots amongst them I meane a number of seditious and discontented particular persons as must be in all Common-wealths that where they dare may peraduenture talke lewdly enough but no Scottish man euer spake dishonourably of England in Parliament For here must I note vnto you the difference of the two Parliaments in these two Kingdomes for there they must not speake without the Chauncellors leaue and if any man doe propound or vtter any seditious or vncomely speeches he is straight interrupted and silenced by the Chauncellors authoritie where as here the libertie for any man to speake what hee list and as long as he list was the onely cause he was not interrupted It hath bin obiected that there is a great Antipathy of the Lawes and Customes of these two Nations It is much mistaken for Scotland hath no Common Law as here but the Law they
haue is of three sorts All the Lawe of Scotland for Tenures Wards and Liueries Seigniories and Lands are drawen out of the Chauncerie of England and for matters of equitie and in many things else differs from you but in certaine termes Iames the first bred here in England brought the Lawes thither in a written hand The second is Statute lawes which be their Acts of Parliament wherein they haue power as you to make and altar Lawes and those may be looked into by you for I hope you shall be no more strangers to that Nation And the principall worke of this Vnion will be to reconcile the Statute Lawes of both Kingdomes The third is the Ciuill Law Iames the fift brought it out of France by establishing the Session there according to the forme of the Court of Parliament of Fraunce which he had seene in the time of his being there who occupie there the place of Ciuill udges in all matters of Plee or controuersie yet not to gouerne absolutely by the Ciuill Law as in Fraunce For if a man plead that the Law of the Nation is otherwise it is a barre to the Ciuill and a good Chauncellor or President will oftentimes repell and put to silence an Argument that the Lawyers bring out of the Ciuill Law where they haue a cleare solution in their owne Law So as the Ciuil Law in Scotland is admitted in no other cases but to supply such cases wherein the Municipall Law is defectiue Then may you see it is not so hard a matter as is thought to reduce that Countrey to bee vnited with you vnder this Law which neither are subiect to the Ciuill Lawe nor yet haue any olde Common Law of their owne but such as in effect is borrowed from yours And for their Statute Lawes in Parliament you may alter and change them as oft as occasion shall require as you doe here It hath likewise beene obiected as an other impediment that in the Parliament of Scotland the King hath not anegatiue voice but must passe all the Lawes agreed on by the Lords and Commons Of this I can best resolue you for I am the eldest Parliament man in Scotland and haue sit in more Parliaments then any of my Predecessors I can assure you that the forme of Parliament there is nothing inclined to popularitie About a twentie dayes or such a time before the Parliament Proclamation is made throughout the Kingdome to deliuer in to the Kings Clearke of Register whom you heere call the Master of the Rolles all Bills to be exhibited that Session before a certaine day Then are they brought vnto the King and perused and considered by him and onely such as I allowe of are put into the Chancellors handes to bee propounded to the Parliament and none others And if any man in Parliament speake of any other matter then is in this forme first allowed by mee The Chancellor tells him there is no such Bill allowed by the King Besides when they haue passed them for lawes they are presented vnto me and I with my Scepter put into my hand by the Chancellor must say I ratifie and approue all things done in this present Parliament And if there bee any thing that I dislike they rase it out before If this may bee called a negatiue voyce then I haue one I am sure in that Parliament The last impediment is the French liberties which is thought so great as except the Scots farsake Fraunce England cannot bee vnited to them If the Scottish Nation would bee so vnwilling to leaue them as is said it would not lye in their hands For the League was neuer made betweene the people as is mistaken but betwixt the Princes onely and their Crownes The beginning was by a Message from a King of Fraunce Charlemaine I take it but I cannot certainely remember vnto a King of Scotland for a League defensiue and offensiue betweene vs and them against England Fraunce being at that time in Warres with England The like at that time was then desired by England against Fraunce who also sent their Ambassadours to Scotland At the first the Disputation was long maintained in fauour of England that they being our neerest Neighbours ioyned in one continent and a strong and powerfull Nation it was more fitte for the weale and securitie of the State of Scotland to be in League and Amitie with them then with a Countrey though neuer so strong yet diuided by Sea from vs especially Englandlying betwixt vs and them where we might be sure of a suddaine mischiefe but behooued to abide the hazard of wind and weather and other accidents that might hinder our reliefe But after when the contrary part of the Argument was maintained wherein allegation was made that England euer sought to conquer Scotland and therefore in regarde of their pretended interest in the Kingdoome would neuer keepe any sound Amitie with them longer then they saw their aduantage whereas France lying more remote and clayming no interest in the Kingdome would therefore bee found a more constant and faithfull friend It was vnhappily concluded in fauour of the last partie through which occasion Scotland gate many mischiefes after And it is by the very tenour thereof ordered to bee renewed and confirmed from King to King successiuely which accordingly was euer performed by the mediation of their Ambassadours and therefore meerely personall and so was it renewed in the Queene my mothers time onely betweene the two Kings and not by assent of Parliament or conuention of the three Estates which it could neuer haue wanted if it had beene a League betweene the people And in my time when it came to be ratified because it appeared to be in odium tertii it was by me left vnrenewed or confirmed as a thing incompatible to my Person in consideration of my Title to this Crowne Some Priuiledges indeede in the Merchants fauour for point of Commerce were renewed and confirmed in my time wherein for my part of it there was scarce three Counsellours more then my Secretarie to whose place it belonged that medled in that matter It is trew that it behooued to be enterteined as they call it in the Court of Parliament of Paris but that onely serues for publication and not to giue it Authoritie That Parliament as you know being but a Iudiciall Seate of Iudges and Lawyers and nothing agreeing with the definition or office of our Parliaments in this Isle And therefore that any fruites or Priuiledges possessed by the League with Fraunce is able now to remaine in Scotland is impossible For ye may be sure that the French King stayes onely vpon the sight of the ending of this Vnion to cut it off himselfe Otherwise when this great worke were at an end I would be forced for the generall care I owe to all my Subiects to craue of France like Priuiledges to them all as Scotland alreadie enioyes seeing the personall friendship remaines as great betweene vs as betweene our
much lesse I will doe it when a Law is to restraine me I owe no more to the Scottish men then to the English I was borne there and sworne here and now raigne ouer both Such particular persons of the Scottish Nation as might claime any extraordinary merit at my handes I haue already reasonably rewarded and I can assure you that there is none left whom for I meane extraordinary to straine my selfe further then in such ordinary benefit as I may equally bestow without mine owne great hurt vpon any Subiect of either Nation In which case no Kings handes can euer befully closed To both I owe Iustice and protection which with Gods grace I shall euer equally ballance For my Liberalitie I haue told you of it heretofore my three first yeeres were to me as a Christmas I could not then be miserable should I haue bene ouersparing to them they might haue thought Ioseph had forgotten his brethren or that the King had beene drunke with his new Kingdome But Suites goe not now so cheape as they were wont neither are there so many fees taken in the Hamper and Pettibagge for the great Seale as hath beene And if I did respect the English when I came first of whom I was receiued with ioy and came as in a hunting iourney what might the Scottish haue iustly said if I had not in some measure dealt bountifully with them that so long had serued me so farre aduentured themselues with me and beene so faithfull to mee I haue giuen you now foure yeeres proofe since my comming and what I might haue done more to haue raised the Scottish nation you all know and the longer I liue the lesse cause haue I to be acquainted with them and so the lesse hope of extraordinary fauour towards them For since my comming from them I doe not alreadie know the one halfe of them by face most of the youth being now risen vp to bee men who were but children when I was there and more are borne since my comming thence Now for my lands and reuenues of my Crowne which you may thinke I haue diminished They are not yet so farre diminished but that I thinke no prince of Christendome hath fairer possessions to his Crowne then yet I haue and in token of my care to preserue the same to my posteritie for euer the intaile of my lands to the Crowne hath beene long agoe offered vnto you and that it is not yet done is not my fault as you know My Treasurer here knoweth my care and hath already in part declared it and if I did not hope to treble my Reuenue more then I haue empaired it I should neuer rest quietly in my bed But notwithstanding my comming to the Crowne with that extraordinarie applause which you all know and that I had two Nations to bee the obiects of my liberalitie which neuer any Prince had here before will you compare my gifts out of mine inheritance with some Princes here that had onely this Nation to respect and whose whole time of reigne was litle longer then mine hath bene already It will be found that their gifts haue farre surpassed mine albeit as I haue already said they had nothing so great cause of vsing their liberalitie For the maner of the Vnion presently desired It standeth in 3. parts Secondly The first taking away of hostile Lawes for since there can bee now no Warres betwixt you is it not reason hostile Lawes should cease For desiciente causa desicit effectas The King of England now cannot haue warres with the King of Scotland therefore this failes of it selfe The second is communitie of Commerce I am no stranger vnto you for you all know I came from the loynes of your ancient Kings They of Scotland be my Subiects as you are But how can I bee naturall Liege Lord to you both and you strangers one to the other Shall they which be of one alleagance with you be no better respected of you nor freer amongst you then Frenchmen and Spaniards Since I am Soueraigne ouer both you as Subiects to one King it must needes follow that you conuerse and haue Commerce together There is a rumour of some ill dealings that should be vsed by the Commissioners Merchants of Scotland They be heere in England and shall remaine till your next meeting and abide triall to prooue themselues either honest men or knaues For the third point of Naturalization All you agree that they are no Aliens and yet will not allow them to bee naturall What kinde of prerogatiue will you make But for the Postnati your owne Lawyers and Iudges at my first comming to this Crowne informed me there was a difference betweene the Antè and the Post nati of each Kingdome which caused mee to publish a Proclamation that the Post nati were Naturalized Ipso facto by my Accession to this Crowne I doe not denie but Iudges may erre as men and therefore I doe not presse you here to sweare to all their reasons I onely vrge at this time the conueniencie for both Kingdomes neither pressing you to iudge nor to be iudged But remember also it is as possible and likely your owne Lawyers may erre as the Iudges Therefore as I wish you to proceede herein so farre as may tend to the weale of both Nations So would I haue you on the other part to beware to disgrace either my Proclamations or the Iudges who when the Parliament is done haue power to trie your lands and liues for so you may disgrace both your King and your Lawes For the doing of any acte that may procure lesse reuerence to the Iudges cannot but breede a loosenesse in the Gouernement and a disgrace to the whole Nation The reason that most mooues mee for ought I haue yet heard that there cannot but bee a difference betweene the Antè nati and the Post nati and that in the fauour of the last is that they must bee neerer vnto you being borne vnder the present Gouernement and common Allegiance but in point of conueniencie there is no question but the Post nati are more to bee respected For if you would haue a perfect and perpetuall Vnion that cannot be in the Antè nati who are but few in comparison of those that shall be in all aages succeeding and cannot liue long But in the Post nati shall the Vnion be continued and liue euer aage after aage which wanting a difference cannot but leaue a perpetuall marke of separation in the worke of the Vnion as also that argument of iealousie will be so farre remooued in the case of the Post nati which are to reape the benefit in all succeeding aages as by the contrary there will then rise Pharaos which neuer knew Ioseph The Kings my Successours who beeing borne and bred heere can neuer haue more occasion of acquaintance with the Scottish Nation in generall then any other English King that was before my time Bee not therefore abused
generall gouernment of the people here it doeth not follow it should be extinct no more then because the Latine tongue is not the Mother or Radicall Language of any Nation in the world at this time that therefore the English tongue should onely now be learned in this Kingdome which were to bring in Barbarisme My meaning therefore is not to preferre the Ciuill Law before the Common Law but onely that it should not be extinguished and yet so bounded I meane to such Courts and Causes as haue beene in ancient vse As the Ecclesiasticall Courts Court of Admiraltie Court of Requests and such like reseruing euer to the Common Law to meddle with the fundamentall Lawes of this Kingdome either concerning the Kings Prerogatiue or the possessions of Subiects in any questions either betweene the King and any of them or amongst themselues in the points of Meum tuum For it is trew that there is no Kingdome in the world not onely Scotland but not France nor Spaine nor any other Kingdome gouerned meerely by the Ciuill Law but euery one of them hath their owne municipall Lawes agreeable to their Customes as this Kingdome hath the Common Law Nay I am so farre from disallowing the Common Law as I protest that if it were in my hand to chuse a new Law for this Kingdome I would not onely preferre it before any other Nationall Law but euen before the very Iudiciall Law of Moyses and yet I speake no blasphemie in preferring it for conueniencie to this Kingdome and at this time to the very Law of God For God gouerned his selected people by these three Lawes Ceremoniall Morall and Iudiciall The Iudiciall being onely fit for a certaine people and a certaine time which could not serue for the general of all other people and times As for example If the Law of hanging for Theft were turned here to restitution of treble or quadruple as it was in the Law of Moyses what would become of all the middle Shires and all the Irishrie and Highlanders But the maine point is That if the fundamentall Lawes of any Kingdome should be altered who should discerne what is Meum tuum or how should a King gouerne It would be like the Gregorian Calender which destroyes the old and yet doeth this new trouble all the debts and Accompts of Traffiques and Merchandizes Nay by that accompt I can neuer tell mine owne aage for now is my Birth-day remooued by the space often dayes neerer me then it was before the change But vpon the other part though I haue in one point preferred our Common Law concerning our vse to the very Law of GOD yet in another respect I must say both our Law and all Lawes else are farre inferiour to that Iudiciall Law of GOD for no booke nor Law is perfect nor free from corruption except onely the booke and Law of GOD. And therefore I could wish some three things specially to be purged cleared in the Common Law but alwayes by the aduise of Parliament For the King with his Parliament here are absolute as I vnderstand in making or forming of any sort of Lawes First I could wish that it were written in our vulgar Language for now it is in an old mixt and corrupt Language onely vnderstood by Lawyers whereas euery Subiect ought to vnderstand the Law vnder which he liues For since it is our plea against the Papists that the language in GODS Seruice ought not to be in an vnknowne tongue according to the rule in the Law of Moyses That the Law should be written in the fringes of the Priests garment and should be publikely read in the eares of all the people so mee thinkes ought our Law to be made as plaine as can be to the people that the excuse of ignorance may be taken from them for conforming themselues thereunto Next our Common Law hath not a setled Text in all Cases being chiefly grounded either vpon old Customes or else vpon the Reports and Cases of Iudges which ye call Responsa Prudentum The like whereof is in all other Lawes for they are much ruled by Presidents saue onely in Denmarke and Norway where the letter of the Law resolues all doubts without any trouble to the Iudge But though it be trew that no Text of Law can be so certaine wherein the circumstances will not make a variation in the Case for in this aage mens wits increase so much by ciuilitie that the circumstances of euery particular case varies so much from the generall Text of Law as in the Ciuill Law it selfe there are therefore so many Doctors that cōment vpon the Text neuer a one almost agrees with another Otherwise there needed no Iudges but the bare letter of the Law Yet could I wish that some more certaintie were set downe in this case by Parliament for since the very Reports themselues are not alwayes so binding but that diuers times Iudges doe disclaime them and recede from the iudgment of their predecessors it were good that vpon a mature deliberation the exposition of the Law were set downe by Acte of Parliament and such reports therein confirmed as were thought fit to serue for Law in all times hereafter and so the people should not depend vpon the bare opinions of Iudges and vncertaine Reports And lastly there be in the Common Law diuers contrary Reports and Presidents and this corruption doeth likewise concerne the Statutes and Acts of Parliament in respect there are diuers crosse and cuffing Statutes and some so penned as they may be taken in diuers yea contrary sences And therefore would I wish both those Statutes and Reports aswell in the Parliament as Common Law to be once maturely reuiewed and reconciled And that not onely all contrarieties should be scraped out of our Bookes but euen that such penall Statutes as were made but for the vse of the time from breach whereof no man can be free which doe not now agree with the condition of this our time might likewise beleft out of our bookes which vnder a tyrannous or auaritious King could not be endured And this reformation might me thinkes bee made a worthy worke and well deserues a Parliament to be set of purpose for it I know now that being vpon this point of the Common Law you looke to heare my opinion concerning Prohibitions and I am not ignorant that I haue bene thought to be an enemie to all Prohibitions and an vtter stayer of them But I will shortly now informe you what hath bene my course in proceeding therein It is trew that in respect of diuers honorable Courts and Iurisdictions planted in this Kingdome I haue often wished that euery Court had his owne trew limit and iurisdiction clearely set downe and certainly knowne which if it be exceeded by any of them or that any of them encroch one vpon another then I grant that a Prohibition in that case is to goe out of the Kings Bench but chiefliest out of the
Law of the King whereto themselues are also subiect Hauing now perfourmed this ancient Prouerbe A Ioue principium which though it was spoken by a Pagan yet it is good and holy I am now to come to my particular Errand for which I am heere this day wherein I must handle two parts First the reason why I haue not these fourteene yeeres sithence my Coronation vntill now satisfied a great many of my louing subiects who I know haue had a great expectation and as it were a longing like them that are with child to heare mee speake in this place where my Predecessors haue often sitten and especially King Henry the seuenth from whom as diuers wayes before I am lineally descended and that doubly to this Crowne and as I am neerest descended of him so doe I desire to follow him in his best actions The next part is the reason Why I am now come The cause that made mee abstaine was this When I came into England although I was an old King past middle aage and practised in gouernment euer sithence I was twelue yeeres olde yet being heere a stranger in gouernement though not in blood because my breeding was in another Kingdome I resolued therefore with Pythagoras to keepe silence seuen yeeres and learne my selfe the Lawes of this Kingdome before I would take vpon mee to teach them vnto others When this Apprentiship was ended then another impediment came which was in the choice of that cause that should first bring me hither I expected some great cause to make my first entry vpon For I thought that hauing abstained so long it should be a worthy matter that should bring mee hither Now euery cause must be great or small In small causes I thought it disgracefull to come hauing beene so long absent In great causes they must be either betwixt the King and some of his Subiects or betwixt Subiect and Subiect In a cause where my selfe was concerned I was loath to come because men should not thinke I did come for my owne priuate either Prerogatiue or profit or for any other by-respect And in that case I will alwayes abide the triall of men and Angels neuer to haue had any particular end in that which is the Maine of all things Iustice In a great cause also betweene partie and partie great in respect either of the question or value of the thing my comming might seeme as it were obliquely to be in fauour of one partie and for that cause this Counsellour or that Courtier might be thought to mooue me to come hither And a meane cause was not worthy of mee especially for my first entrance So lacke of choice in both respects kept mee off till now And now hauing passed a double apprentiship of twice seuen yeeres I am come hither to speake vnto you And next as to the reasons of my comming at this time they are these I haue obserued in the time of my whole Reigne here and my double Apprentiship diuers things fallen out in the Iudicatures here at Westminster Hall that I thought required and vrged a reformation at my hands whereupon I resolued with my selfe that I could not more fitly begin a reformation then here to make an open declaration of my meaning I remember Christs saying My sheepe heare my voyce and so I assure my selfe my people will most willingly heare the voyce of me their owne Shepheard and King whereupon I tooke this occasion in mine owne person here in this Seate of Iudgement not iudicially but declaratorily and openly to giue those directions which at other times by piece-meale I haue deliuered to some of you in diuers lesse publike places but now will put it vp in all your audience where I hope it shall bee trewly caried and cannot be mistaken as it might haue bene when it was spoken more priuately I will for order sake take mee to the methode of the number of Three the number of perfection and vpon that number distribute all I haue to declare to you FIrst I am to giue a charge to my selfe for a King or Iudge vnder a King that first giues not a good charge to himselfe will neuer be able to giue a good charge to his inferiours for as I haue said Good riuers cannot flow but from good springs if the fountaine be impure so must the riuers be Secondly to the Iudges And thirdly to the Auditory and the rest of the inferiour ministers of Iustice First I protest to you all in all your audience heere sitting in the seate of Iustice belonging vnto GOD and now by right fallen vnto mee that I haue resolued as Confirmation in Maioritie followeth Baptisme in minoritie so now after many yeeres to renew my promise and Oath made at my Coronation concerning Iustice and the promise therein for maintenance of the Law of the Land And I protest in GODS presence my care hath euer beene to keepe my conscience cleare in all the points of my Oath taken at my Coronation so farre as humane frailtie may permit mee or my knowledge enforme mee I speake in point of Iustice and Law For Religion I hope I am reasonably well knowen already I meane therefore of Lawe and Iustice and for Law I meane the Common Law of the Land according to which the King gouernes and by which the people are gouerned For the Common Law you can all beare mee witnesse I neuer pressed alteration of it in Parliament but on the contrary when I endeauoured most an Vnion reall as was already in my person my desire was to conforme the Lawes of Scotland to the Law of England and not the Law of England to the Law of Scotland and so the prophecie to be trew of my wise Grandfather Henry the seuenth who foretold that the lesser Kingdome by marriage would follow the greater and not the greater the lesser And therefore married his eldest daughter Margaret to Iames the fourth my great Grandfather It was a foolish Querke of some Iudges who held that the Parliament of England could not vnite Scotland and England by the name of Great Britaine but that it would make an alteration of the Lawes though I am since come to that knowledge that an Acte of Parliament can doe greater wonders And that old wise man the Treasourer Burghley was wont to say Hee knew not what an Acte of Parliament could not doe in England For my intention was alwayes to effect vnion by vniting Scotland to England and not England to Scotland For I euer meant being euer resolued that this Law should continue in this Kingdome and two things mooued mee thereunto One is that in matter of Policie and State you shall neuer see any thing anciently and maturely established but by Innouation or alteration it is worse then it was I meane not by purging of it from corruptions and restoring it to the ancient integritie Another reason was I was sworne to maintaine the Law of the Land and therefore I had beene periured if I
the maine meanes of corrupting this people in point of Religion proceeds from the free vse of reading of all kinde of writings without any restraint The other Storie of Augustus is that famous Inscription of his which he made to be set vp in the Altar of the Capitoll to our Sauiour Christ of which Nicephorus makes mention as also Suidas in the word Augustus Caesar Augustus being proclaimed the first Emperour of Rome hauing done many great things and achiued great Glory and felicity came to the Oracle of Apollo offering vp a Heccatomb which is of all other the greatest Sacrifice demaunded of the Oracle who should rule the Empire after his decease receiuing no answere at all offered vp an other Sacrifice and asked with all how it came to passe that the Oracle that was wont to vse so many wordes was now become so silent The Oracle after a long pause made this answere Me puer Hebraeus Diuos Deus ipse gubernans Cedere sede iubet tristemque redire sub Orcum Aris ergo dehinc tacitus abscedito nostris The Emperour receiuing this answere returned to Rome erected in the Capitoll the greatest Altar that was there with this Inscription Ara primogeniti Dei Surely our Augustus in whose dayes our Blessed Sauiour Christ Iesus is come to a full and perfect aage As hee was borne in the dayes of the other studying nothing at all to know who shall rule the Scepter after him for God be praised he is much more happie then was Augustus in a Blessed Posterity of his owne but indeauoring that CHRIST his Kingdome may euer Reigne in his Kingdome hath consulted all the Oracles of GOD and hath found in them that there is but one onely Altar to be erected to the onely Sonne of GOD who is Blessed for euer and therefore hath set himselfe and bestowed much paines to bid that Man of Sinne cedere sede and redire sub Orcum that hath erected so many Altars Athenian-like to vnknowne Gods making more prayers and Supplications to supposed Saints then euer the other did to Gods they knew not But to returne Claudius Caesar that had so much wickednesse in him had this good in him that hee writte many good Bookes Suetonius reports hee writ so many Bookes in Greeke as that hee erected a Schoole of purpose in Alexandria called after his owne name and caused his Bookes to be read yeerely in it He writ in Latine likewise 43. Bookes contayning a Historie from the murther of Caesar to his owne time There would bee no ende of the reporting of the writings of the Heathen Emperours That one example of Constantine amongst the Christian Emperors shall suffice Eusebius hath written curiously his Life and is not sparing to report of his Learning How many Orations and discourses he made exhorting his Subiects and seruants to a good and godly life How many nights hee passed without sleepe in Meditations of Diuinitie His Speeches in the beginning and ende of the Councell of Nice That fomous Oration Ad Sanctorum coetum pronounced in Latine by him Selfe after translated into Greeke by diuerse doe shew how much Glory hee gayned by Letters From these great Monarches abroad giue mee leaue a little to descend to our owne Kings at home Alphredus King of the West-Saxons translated Paulus Orosius S. Gregorie De pastorali cura and his Dialogues into the English tongue He translated likewise Beda of the Actes of the English and Boetius de consolatione Philosophiae Dauids Psalmes and many other things Hee writ besides a Booke of Lawes and Institutions against wicked Judges Hee writ the sayings of Wisemen and a singular Booke of the fortune of Kings a collection of Chronicles and a Manuel of Meditations Ethelstanus or Adelstan as our Stories call him Rex Anglorum as Baleus calls him caused to be translated the Bible out of Hebrew into Saxon and writ himselfe a Booke of Astrologie the Constitutions of the Cleargie corrected many olde Lawes and made many new King Edgar writ to the Cleargie of England certaine Constitutions and Lawes and other things Henrie the first the yongest Sonne of the Conquerour was brought vp in the Vniuersitie of Cambridge and excelled so in the knowledge of all Liberall Arts and Sciences that to this day he doeth retaine the name of Beau-Clerke Achaius King of the Scots writ of the Acts of all his Predecessors And Kenethus King of the Scots writ a huge Volume of all the Scottish Lawes and like an other Iustinian reduced them into a Compendium Iames the first writ diuers Bookes both in English and LatineVerse He writ also as Baleus saith De vxore futura Henrie the eight writ of the Institution of a Christian man and of the Institution of youth Hee writ also a defence of the 7. Sacraments against Martin Luther for which hee was much magnified of the Pope and all that partie Jnsomuch as hee was stiled with the Title of Defensor fidei for that worke And trewly it fell out well for the King that hee writ a Booke on the Popes side for otherwise he should haue them raile on him for his writings as freely as they reuile him for his Actions For he writ two Bookes after that the one De auctoritate Regia contra Papam the other Sententia de Concilio Mantuano as well written for the Stile and Argument as the other is But because they seeme to breath an other breath there is no Trumpet sounded in their praise Edward the sixt though his dayes were so short as he could not giue full proofe of those singular parts that were in him yet hee wrote diuers Epistles and Orations both in Greeke and Latine He wrote a Treatise De fide to the Duke of Somerset He wrote a History of his owne time which are all yet extant vnder his owne hand in the Kings Library as Mr. Patrick Young his Maiesties learned and Industrious Bibliothecarius hath shewed mee And which is not to bee forgotten so diligent a hearer of Sermons was that sweet Prince that the notes of the most of the Sermons he heard are yet to bee seene vnder his owne hand with the Preachers name the time and the place and all other circumstances Queene Elizabeth our late Soueraigne of blessed memory translated the prayers of Queene Katherine into Latine French and Italian Shee wrote also a Century of Sentences and dedicated them to her Father J haue heard of her Translation of Salustius but I neuer saw it And there are yet fresh in our memories the Orations she made in both the Vniuersities in Latine her entertayning of Embassadors in diuers Languages her excellent Speaches in the Parliament whereof diuers are extant at this day in Print And to come a little neerer his Maiestie The Kings Father translated Valerius Maximus into English And the Queene his Maiesties Mother wrote a Booke of Verses in French of the Institution of a Prince all with her owne hand wrought the Couer of it with
malum vt bonum inde eueniat THE SECOND BOOKE OF DAEMONOLOGIE ARGVMENT The description of Sorcerie and Witcheraft in speciall CHAP. I. ARGVMENT Proued by the Scripture that such a thing can be And the reasons refuted of all such as would call it but an imagination and Melancholicque humour PHILOMATHES NOW since ye haue satisfied mee now so fully concerning Magie or Necromancie I wil pray you to doe the like in Sorcerie or Witchcraft EPI That field is likewise very large and although in the mouthes and pennes of many yet few knowe the trewth thereof so well as they beleeue themselues as I shall so shortly as I can make you God willing as easily to perceiue PHI. But I pray you before ye goefurther let mee interrupt you here with a short digression which is that many can scarcely beleeue that there is such a thing as Witchcraft Whose reasons I will shortly alleage vnto you that yee may satisfie mee as well in that as yee haue done in the rest For first whereas the Scripture seemes to prooue Witchcraft to bee by diuers examples and specially by fundrie of the same which ye haue alleaged it is thought by some that these places speake of Magicians and Necromancers onely and not of Witches As in speciall these wise men of Pharaohs that counterfeited Moyses myracles were Magicians say they and not Witches As likewise that Pythonisse that Saul consulted with And so was Simon Magus in the new Testament as that very stile imports Secondly where ye would oppone the dayly practicque and confession of so many that is thought likewise to be but very Melancholicque imaginations of simple rauing creatures Thirdly if Witches had such power of Witching of folkes to death as they say they haue there had bene none left aliue long since in the world but they at the least no good or godly person of whatsoeuer estate could haue escaped their diuelrie EPI Your three reasons as I take are grounded the first of them negatiuè vpon the Scripture The second affirmatiuè vpō Phisick And the third vpon the certaine proofe of experience As to your first it is most trew indeede that all these wise men of Pharaoh were Magicians of arte As likewise it appeares well that the Pythonisse with whom Saul consulted was of that same profession and so was Simon Magus But ye omitted to speake of the Lawe of God wherein are all Magicians Diuiners Enchanters Sorcerers Witches and whatsoeuer of that kind that consult with the deuill plainely prohibited and alike threatned against And besides that she who had the Spirit of Python in the Actes Acts 16. whose Spirit was put to silence by the Apostle could be no other thing but a very Sorcerer or Witch if ye admit the vulgar distinction to be in a maner trew whereof I spake in the beginning of our conference For that spirit whereby she conquested such gaine to her Masters was not at her raising or commanding as shee pleased to appoint but spake by her tongue as well publikely as priuately whereby she seemed to draw nearer to the sort of Demoniakes or possessed if that coniunction betwixt them had not beene of her owne consent as it appeared by her not being tormented therewith and by her conquesting of such gaine to her Masters as I haue alreadie said As to your second reason grounded vpon Physicke in attributing their confessions or apprehensions to a naturall melancholique humour any that please physically to consider vpon the naturall humour of melancholly according to all the Physicians that euer writ thereupon they shall find that that will be ouer-short a cloake to couer their knauery with For as the humour of Melancholly in the selfe is blacke heauie and terrene so are the symptomes thereof in any persons that are subiect thereunto leannesse palenesse desire of solitude and if they come to the highest degree thereof meere folly and Manie whereas by the contrary a great number of them that euer haue beene conuict or confessours of Witchcraft as may be presently seene by many that haue at this time confessed they are by the contrary I say some of them rich and worldly wise some of them fat or corpulent in their bodies and most part of them altogether giuen ouer to the pleasures of the flesh continuall haunting of companie and all kinde of merrinesse both lawfull and vnlawful which are things directly contrary to the symptomes of melancholly whereof I spake and further experience daily prooues how loth they are to confesse without torture which witnesseth their guiltinesse where by the contrary the Melancholiques neuer spare to bewray themselues by their continuall discourses feeding thereby their humor in that which they thinke no crime As to your third reason it scarsely merits an answere for if the deuill their master were not bridled as the Scriptures teach vs suppose there were no men nor women to bee his instruments he could finde wayes enough without any helpe of others to wracke all mankinde whereunto he employes his whole study and goeth about like a roaring Lyon as Peter sayth to that effect but the limits of his power were set downe before the foundations of the world were laide which he hath not power in the leastiote to transgresse But beside all this there is ouer great a certaintie to prooue that they are by the daily experience of the harmes that they doe both to men and whatsoeuer thing men possesse whom God will permit them to be the instruments so to trouble or visite as in my discourse of that arte ye shall heare clearely prooued CHAP. II. ARGV The Etymologie and signification of that word Sorcerie The first entresse and prentiship of them that giue themselues to that craft PHILOMATHES COme on then I pray you and returne where ye left EPI This word of Sorcerie is a Latine word which is taken from casting of the lot and therefore he that vseth it is called Sortiarius à sorte As to the word of Witchcraft it is nothing but a proper name giuen in our language The cause wherefore they were called Sortiarij proceeded of their practiques seeming to come of lot or chance such as the turning of the riddle the knowing of the forme of prayers or such like tokens if a person diseased would liue or die And in generall that name was giuen them for vsing of such charmes and freits as that Craft teacheth them Many points of their craft and practicques are common betwixt the Magicians and them for they serue both one Master although in diuers fashions And as I deuided the Necromancers into two sortes learned and vnlearned so must I deny them in other two rich and of better accompt poore and of baser degree These two degrees now of persons that practise this Craft answere to the passions in them which I tolde you before the Diuell vsed as meanes to entice them to his seruice for such of them as are in great miserie and pouertie he allures to
any penance for the same And that ye may know that more Iesuits were also vpon the partie Owldcorne the other Powder-Martyr after the misgiuing and discouery of that Treason preached consolatory doctrine to his Catholique auditorie exhorting them not to faint for the misgiuing of this enterprise nor to thinke the worse thereof that it succeeded not alleadging diuers Presidents of such godly enterprises that misgaue in like maner especially one of S. Lewes King of France who in his second iourney to the Holy-land died by the way the greatest part of his armie being destroyed by the plague his first iourney hauing likewise misgiuen him by the Soldans taking of him exhorting them thereupon not to giue ouer but still to hope that GOD would blesse their enterprise at some other time though this did faile Thus see ye now with what boldnesse and impudencie hee hath belied the publiquely knowne veritie in this errand both in auowing generally that no Iesuite was any wayes guiltie of that Treason for so he affirmeth in his booke and also that Garnet knew nothing thereof but vnder the Seale of Confession But if this were the first lye of the affaires of this State which my fugitiue Priests and Iesuits haue coyned and spread abroad I could charme them of it as the prouerbe is But as well the walles of diuers Monasteries and Iesuites Colledges abroad are filled with the painting of such lying Histories as also the bookes of our said fugitiues are farced with such sort of shamelesse stuffe such are the innumerable sorts of torments and cruell deathes that they record their Martyrs to haue suffred here some torne at foure Horses some sowed in Beares skinnes and then killed with Dogges nay women haue not bene spared they say and a thousand other strange fictions the vanities of all which I will in two words discouer vnto you First as for the cause of their punishment I doe constantly maintaine that which I haue said in my Apologie That no man either in my time or in the late Queenes euer died here for his conscience For let him be neuer so deuout a Papist nay though he professe the same neuer so constantly his life is in no danger by the Law if hee breake not out into some outward acte expresly against the words of the Law or plot not some vnlawfull or dangerous practise or attempt Priests and Popish Church-men onely excepted that receiue Orders beyond the Seas who for the manifold treasonable practises that they haue kindled and plotted in this countrey are discharged to come home againe vnder paine of Treason after their receiuing of the said Orders abroad and yet without some other guilt in them then their bare home-comming haue none of them bene euer put to death And next for the cruell torments and strange sorts of death that they say so many of them haue bene put vnto if there were no more but the Law and continually obserued custome of England these many hundred yeeres in all criminall matters it will sufficiently serue to refute all these monstrous lies for no tortures are euer vsed here but the Manacles or the Racke and these neuer but in cases of high Treason and all sorts of Traitours die but one maner of death here whether they be Papist or Protestant Traitors Queene Maries time onely excepted For then indeede no sorts of cruell deathes were spared vnexecuted vpon men women and children professing our Religion yea euen against the Lawes of God and Nature women with childe were put to cruell death for their profession and a liuing childe falling out of the mothers belly was throwen in the same fire againe that consumed the mother But these tyrannous persecutions were done by the Bishops of that time vnder the warrant of the Popes authoritie and therefore were not subiect to that constant order and formes of execution which as they are heere established by our Lawes and customes so are they accordingly obserued in the punishment of all criminals For all Priestes and Popish Traitours here receiue their Iudgements in the temporall Courts and so doe neuer exceed those formes of execution which are prescribed by the Law or approued by continuall custome One thing is also to bee marked in this case that strangers are neuer called in question here for their religion which is farre otherwise I hope in any place where the Inquisition domines But hauing now too much wearied you with this long discourse whereby I haue made you plainely see that the wrong done vnto mee in particular first by the Popes Breues and then by these Libellers doth as deepely interest you all in generall that are Kings free Princes or States as it doth me in particular I will now conclude with my humble prayers to God that he will waken vs vp all out of that Lethargike slumber of Securitie wherein our Predecessors and wee haue lien so long and that wee may first grauely consider what we are bound in conscience to doe for the planting and spreading of the trew worship of God according to his reuealed will in all our Dominions therein hearing the voice of our onely Pastor for his Sheepe will know his Voyce Iohn 10.27 as himselfe sayeth and not following the vaine corrupt and changeable traditions of men And next that we may prouidently looke to the securitie of our owne States and not suffer this incroching Babylonian Monarch to winne still ground vpon vs. And if GOD hath so mercifully dealt with vs that are his Lieutenants vpon earth as that he hath ioyned his cause with our interest the spirituall libertie of the Gospell with our temporall freedome with what zeale and courage may wee then imbrace this worke for our labours herein being assured to receiue at the last the eternall and inestimable reward of felicitie in the kingdome of Heauen and in the meane time to procure vnto our selues a temporall securitie in our temporall Kingdomes in this world As for so many of you as are alreadie perswaded of that Trewth which I professe though differing among your selues in some particular points I thinke little perswasion should moue you to this holy and wise Resolution Our Greatnesse nor our number praised bee GOD being not so contemptible but that wee may shew good example to our neighbors since almost the halfe of all Christian people and of all sorts and degrees are of our profession I meane all gone out of Babylon euen from Kings and free Princes to the meanest sort of People But aboue all my louing Brethren and Cosins keepe fast the vnity of Faith among your selues Reiect 1 1. Tim. 1.4 questions of Genealogies and 2 Ibid c. 4.7 Aniles fabulas as Paul saith Let not the foolish heate of your Preachers for idle Controuersies or indifferent things teare asunder that Mysticall Body whereof ye are a part since the very coat of him whose members wee are was without a seame And let not our diuision breed a slander of our
sacred Name of God nor should hee haue marshalled the passage of a Royall Poet after the example of an heathen Oratour Neither will J giue any touch to his conceit of the Romane conquests 2 Pag. 4. which the L. Cardinall bestoweth in the list of Gods graces and temporall blessings as a recompence of their zeale to the seruice and worship of Idols As if God were a recompencer of wickednes or as if the forcible eiecting of Tenants out of their farmes and other possessions might be reckoned among the blessings of God Nor to that of the MilesianVirgins Pag. 7. 8. dragged stark-naked after they were dead which the L. Cardinall drawes into his discourse for an example of the eternall torments denounced by the Lawes Ecclesiasticall to be inflicted after this life Nor to his exposition of the word Problematicall Pag. 13. where he giueth to vnderstand that by Problematicall hee meaneth such things as are of no necessitie to matter of faith and in case men shall beleeue the contradictory of the said points they are not bound for such beleefe to vndergoe the solemne curse of the Church and the losse of communion Whereas Aristotle Aristet 1. top cap. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sound both one thing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prouided the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or vtrùm do stand before as Vtrum homo sit animal of whom all Schooles haue borrowed their tearmes hath taught vs that euery proposition is called a Probleme when it is propounded in a formall doubt though in it proper nature it containes a necessary trewth concerning the matter therof As for example to say in forme of question Whether is there but one God or Whether is man a creature indued with reason By which examples it is plaine that propositions in problematicall forme doe not forgoe the necessitie of their nature and that many times the contradictory binds the beleeuers thereof to Anathema and losse of communion There is a confused heape or bundle of other like toyes which my purpose is to passe ouer in silence that J may now come to cast anchor as it were in the very bottome and substance of the cause A REMONSTRANCE FOR THE RIGHT OF KINGS AND THE INDEPENDANCE OF THEIR CROVVNES Against an Oration of the most Illustrious Cardinall of PERRON pronounced in the Chamber of the third Estate The 15. of Ianuar. 1615. THE L. Cardinall euen in the first passage of his Oration hath laid a firme foundation That Ecclesiastics in France are more deepely obliged to the King then the Nobilitie and third Estate His reason Because the Clergie doe sweetly enioy their dignities and promotions with all their infinite wealth of the Kings meere grace without all danger and with faire immunities whereas the other two Orders hold their offices by a chargeable and burdensome title or tenure euen to the great expence of their blood and of their substance But see now how loose and weake a frame he hath erected and pinned together vpon his firme and solide foundation Ergo the third Estate is to lay all care to prouide remedies against apposted cut-throats vpon the Clergy and the said remedies as he boldly affirms must be deriued from the laws of conscience which may carry an effectuall acting or operatiue efficacie vpon the soule and not from ciuil or temporall punishments Now this consequence limpeth like a lame creple after the premises For it is no vsuall and common matter to see men that are deepest in obligation performe their duties and couenants with most fidelity Againe were it graunted the Clergie had well hitherto demonstrated their carefull watching ouer the life and honour of their Prince yet is it not for spirituall punishments thundred by Ecclesiastics to bind the hands of the ciuill Magistrate nor to stop the current of temporall punishments which ordinarily doe carrie a greater force and vertue to the bridling of the wicked then the apprehension of Gods iudgement The third Estate therefore by whom all the officers of France are properly represented as to whom the administration of iustice and protection of the Kings rights and Honour doth appertaine can deserue no blame in carrying so watchfull an eye by their wholesome remedie to prouide for the safetie of the King and for the dignitie of his Crowne For if the Clergie shall not stand to their tackle but shrinke when it commeth to the push of their duetie who shall charge themselues with carefull foresight and preuention of mischiefes Shall not the people Now haue not all the calamities which the third Estate haue sought prouidently to preuent haue they not all sprung from the Clergie as from their proper and naturall fountaine From whence did the last ciuill warres wherein a world of blood was not more profusely then prodigiously and vnnaturally spilt and wherein the parricide of King Henrie III. was impiously and abominably committed from whence did those bloodie warres proceed but from the deposing of the said King by the Head of the Church Were they not Prelats Curats and Confessours were they not Ecclesiastics who partly by seditious preachments and partly by secret confessions powred many a iarre of oyle vpon this flame Was not he that killed the forenamed King was not he one of the Clergie Was not Guignard a Iesuite Was not Iohn Chastel brought vp in the same schoole Did not Rauaillac that monster of men vpon interrogatories made at his examination among the rest by whom he had beene so diabolically tempted and stirred vp to his most execrable attempt and act of extreme horror did not he referre his examiners to the Sermons made the Lent next before where they might be satisfied concerning the causes of his abominable vndertaking and execution Are not Bellarmine Eudaemonoiohannes Suarez Becanus Mariana with such other monsters who teach the doctrine of parricides vphold the craft of Ianus-like Equiuocations in Courts of Iustice and in secret confessions are they not all Clerics are not all their bookes approoued and allowed as it were by a corporation or grosse companie of Doctors with their signes manuel to the said bookes What were the heads the chiefe promoters the complices of the powder-conspiracie in my Kingdome were they not Ecclesiastics Hath not Faux by name a confederate of the same damned crew hath not he stoutly stood to the gunners part which then he was to act in that most dolefull Tragedie with asseueration of a conscience well assured and setled touching the lawfulnesse of his enterprise Did he not yeild this reason to wit because he had bin armed with instruction of musket proofe in the case before he made passage ouer from the Low Countries Is it not also the generall beleefe of that Order that Clerics are exempted from the condition of Subiects to the King Nay Pag. 7. is it not confessed by the L. Cardinall himselfe that King-killers haue ingaged themselues to vndertake the detestable act of parricide vnder a false credence of
because he imbraced false religion and worshipped false gods False too like the former King Achab lost his crowne and his life both together The Scripture that speaketh not according to mans fancie but according to the trewth doeth extend and number the yeeres of Achabs raigne to the time of his death Predictions of a Kings ruine are no sentences of deposition Elias neuer gaue the subiects of Achab absolution from their oath of obedience neuer gaue them the least inckling of any such absolution neuer set vp or placed any other King in Achabs throne That of the L. Cardinall a little after Pag. 68. is no lesse vntrew That King Vzziah was driuen from the conuersation of the people by Azarias the Priest and thereby the administration of his Kingdome was left no longer in his power Nor so For when God had smitten Vzziah with leprosie in his forehead 2. Chro. 26. he withdrew himselfe or went out into an house apart for feare of infecting such as were whole by his contagious disease The high Priest smote him not with any sentence of deposition or denounced him suspended from the administration of his Kingdome No the dayes of his raigne are numbred in Scripture to the day of his death And whereas the Priest according to the Law in the 13. of Leuit. iudged the King to be vncleane he gaue sentence against him not as against a criminall person and thereby within the compasse of deposition but as against a diseased body For the Law inflicteth punishments not vpon diseases but vpon crimes Hereupon whereas it is recorded by Iosephus in his Antiquities Antiq. l. 9. cap. 11. that Vzziah led a priuate and in a maner a solitarie life the said author doeth not meane that Vzziah was deposed but onely that he disburdened himselfe of care to mannage the publique affaires The example of Mattathias Pag. 69. by whom the Iewes were stirred vp to rebel against Antiochus is no better worth For in that example we finde no sentence of deposition but onely an heartning and commotion of a people then grieuously afflicted and oppressed He that makes himselfe the ringleader of conspiracie against a King doeth not foorthwith assume the person or take vp the office and charge of a Iudge in forme of Law and iuridically to depriue a King of his Regall rights and Royall prerogatiues Mattathias was chiefe of that conspiracie not in qualitie of Priest but of cheiftaine or leader in warre and a man the best qualified of all the people Things acted by the suddaine violence of the base vulgar must not stand for Lawes nor yet for proofes and arguments of ordinarie power such as the Pope challengeth to himselfe and appropriateth to his triple-Crowne These be our solide answeres Page 67. we disclaime the light armour which the L. Cardinall is pleased to furnish vs withall forsooth to recreate himselfe in rebating the points of such weapons as hee hath vouchsafed to put into our hands Now it wil be worth our labour to beate by his thrusts fetcht from the ordinary mission of the New Testament from leprosie stones and locks of wooll A leach no doubt of admirable skill one that for subiecting the Crownes of Kings vnto the Pope is able to extract arguments out of stones yea out of the leprosie and the drie scab onely forsooth because heresie is a kind of leprosie and an heretike hath some affinitie with aleper But may not his Quoniam Page 66. bee as fitly applyed to any contagious and inueterate vice of the minde beside heresie His warning-piece therefore is discharged to purpose whereby hee notifies that hee pretendeth to handle nothing with resolution For indeed vpon so weake arguments a resolution is but ill-fauouredly and weakely grounded His bulwarkes thus beaten downe Page 69. let vs now view the strength of our owne First he makes vs to fortifie on this maner They that are for the negatiue doe alleadge the authoritie of S. Paul Let euery soule bee subiect vnto the higher powers For whosoeuer resisteth the power resisteth the ordinance of God And likewise that of S. Peter Submit your selues whether it be vnto the King as vnto the superiour or vnto gouernours c. Vpon these passages and the like they inferre that obedience is due to Kings by the Law of God and not dispensable by any Spirituall or Temporall authoritie Thus he brings vs in with our first weapon But here the very chiefe sinew and strength of our argument hee doeth wittingly balke and of purpose conceale To wit That all the Emperors of whom the said holy Apostles haue made any mention in their diuine Epistles were professed enemies to CHRIST Pagans Infidels fearefull and bloody Tyrants to whom notwithstanding euery soule and therefore the Bishop of Rome for one is commanded to submit himselfe and to professe subiection Thus much Chrysostome hath expresly taught in his Hom. 23. vpon the Epistle to the Romanes The Apostle giues this commandement vnto all euen to Priests also and cloistered Monkes not onely to Secular be thou an Apostle an Euangelist a Prophet c. Besides it is here worthy to be noted that howsoeuer the Apostles rule is generall and therefore bindeth all the faithfull in equall bands yet is it particularly directly and of purpose addressed to the Church of Rome by S. Paul as by one who in the spirit of an Apostle did foresee that rebellion against Princes was to rise and spring from the citie of Rome Now in case the Head of that Church by warrant of any priuiledge contained in the most holy Register of Gods holy word is exempted from the binding power of this generall precept or rule did it not become his Lordship to shew by the booke that it is a booke case and to lay it foorth before that honourable assembly who no doubt expected and waited to heare when it might fall from his learned lips But in stead of any such authenticall and canonicall confirmation he flieth to a sleight shift and with a cauill is bold to affirme the foundation laid by those of our side doeth no way touch the knot of the controuersie Let vs heare him speake It is not in controuersie whether obedience be due to kings by Gods Law so long as they are kings or acknowledged for Kings but our point controuerted is whether by Gods Law it be required that hee who hath bene once recognised and receiued for King by the body of Estates can at any time be taken and reputed as no King that is to say can doe no maner of acte whereby hee may loose his right and so cease to be saluted King This answere of the L. Cardinall is the rare deuise euasion and starting hole of the Iesuites In whose eares of delicate and tender touch King-killing soundeth very harsh but forsooth to vn-king a King first and then to giue him the stab that is a point of iust and trew descant For to kill a King once
had altered it And this I speake to root out the conceit and misapprehension if it be in any heart that I would change damnifie vilifie or suppresse the Law of this Land GOD is my Iudge I neuer meant it And this confirmation I make before you all To this I ioyne the point of Iustice which I call Vnicuique suum tribuere All my Councell and Iudges dead and aliue can and could beare mee witnesse how vnpartiall I haue beene in declaring of Law And where it hath concerned mee in my owne inheritance I haue as willingly submitted my interest to the Lawe as any my Subiects could doe and it becomes mee so to doe to giue example to others much lesse then will I be partiall to others where I am not to my selfe And so resolue your selues Iustice with mee may bee moderated in point of clemencie for no Iustice can be without mercie But in matters of Iustice to giue euery man his owne to be blinde without eyes of partialitie This is my full resolution I vsed to say when I was in Scotland if any man mooued mee to delay Iustice that it was against the Office of a King so to doe But when any made suite to hasten Iustice I told them I had rather grant fourtie of these suits then one of the other This was alwayes my custome and shall be euer with Gods leaue Now what I haue spoken of Law and Iustice I meane by the Lawe kept in her owne bounds For I vnderstand the inheritance of the King and Subiects in this land must bee determined by the Common Law and that is by the Law set downe in our forefathers time expounded by learned men diuers times after in the declaratory Comments called Responsa Prudentum Or else by Statute Law set downe by Acte of Parliament as occasion serues By this I doe not seclude all other Lawes of England but this is the Law of inheritance in this Kingdome There is another Law of all Lawes free and supreame which is GODS LAVV And by this all Common and municipall Lawes must be gouerned And except they haue dependance vpon this Law they are vniust and vnlawfull When I speake of that Law I onely giue this touch That that Law in this Kingdome hath beene too much neglected and Churchmen too much had in contempt I must speake trewth Great men Lords Iudges and people of all degrees from the highest to the lowest haue too much contemned them And God will not blesse vs in our owne Lawes if wee doe not reuerence and obey GODS LAVV which cannot bee except the interpreters of it be respected and reuerenced And it is a signe of the latter dayes drawing on euen the contempt of the Church and of the Gouernours and Teachers thereof now in the Church of ENGLAND which I say in my Conscience of any Church that euer I read or knew of present or past is most pure and neerest the Primitiue and Apostolicall Church in Doctrine and Discipline and is sureliest founded vpon the word of God of any Church in Christendome Next vnto this Law is the Law of Nations which God forbid should bee barred and that for two causes One because it is a Law to satisfie Strangers which will not so well hold themselues satisfied with other municipall Lawes Another to satisfie our owne Subiects in matters of Piracie Marriage Wills and things of like nature That Law I diuide into Ciuil and Canon And this Law hath bene so much encroched vpon sithence my comming to the Crowne and so had in contempt that young men are discouraged from studying and the rest wearie of their liues that doe professe it and would be glad to seeke any other craft So speaking of the Common Law I meane the Common Law kept within her owne limits and not derogating from these other Lawes which by longer custome haue beene rooted here first the Law of GOD and his Church and next the Law Ciuill and Canon which in many cases cannot be wanting To conclude this charge which I giue my selfe I professe to maintaine all the points of mine Oath especially in Lawes and of Lawes especially the Common Law And as to maintaine it so to purge it for else it cannot bee maintained and especially to purge it from two corruptions Incertaintie and Noueltie Incertaintie is found in the Law it selfe wherein I will bee painefull to cleare it to the people and this is properly to bee done in Parliament by aduice of the Iudges The other corruption is introduced by the Iudges themselues by Nicities that are vsed where it may be said Ab initio non fuit sic Nothing in the world is more likely to be permanent to our eyes then yron or steele yet the rust corrupts it if it bee not kept cleane which sheweth nothing is permanent here in this world if it be not purged So I cannot discharge my conscience in maintaining the Lawes if I keepe them not cleane from corruption And now that I may bee like the Pastor that first takes the Sacrament himselfe and then giues it to the people So I haue first taken my owne charge vpon me before I giue you your Charge lest it might be said Turpe est doctori cùm culpa redarguit ipsum NOw my Lords the Iudges for your parts the Charge I haue to giue you consists likewise in three parts First in generall that you doe Iustice vprightly as you shall answere to GOD and mee For as I haue onely GOD to answere to and to expect punishment at his hands if I offend So you are to answere both to GOD and to mee and expect punishment at GODS hands and mine if you be found in fault Secondly to doe Iustice indifferently betweene Subiect and Subiect betweene King and Subiect without delay partialitie feare or bribery with stout and vpright hearts with cleane and vncorrupt hands When I bid you doe Iustice boldly yet I bid you doe it fearefully fearefully in this to vtter your owne conceites and not the trew meaning of the Law And remember you are no makers of Law but Interpretours of Law according to the trew sence thereof for your Office is Ius dicere and not Ius dare And that you are so farre from making Law that euen in the higher house of Parliament you haue no voyce in making of a Law but only to giue your aduice when you are required And though the Laws be in many places obscure and not so wel knowen to the multitude as to you and that there are many parts that come not into ordinary practise which are knowen to you because you can finde out the reason thereof by bookes and presidents yet know this that your interpretations must be alwayes subiect to common sense and reason For I will neuer trust any Interpretation that agreeth not with my common sense and reason and trew Logicke for Ratio est anima Legis in all humane Lawes without exception it must not be Sophistrie or straines of wit