not onely worke the intended remedy for the danger of Kings out of all the vertue and efficacie thereof by weakening of doctrine out of all controuersie in packing it vp with a disputable question but likewise in stead of securing the life and estate of Kings he shall draw both into farre greater hazards by the traine or sequence of warres and other calamities which vsually waite and attend on Schismes The L. Cardinall spends his whole discourse in confirmation of these foure heads which wee now intend to sift in order and demonstratiuely to prooue that all the said inconueniences are meere nullities matters of imagination and built vpon false presuppositions But before wee come to the maine the reader is to be enformed and aduertised that his Lordship setteth a false glosse vpon the question and propounds the case not onely contrary to the trewth of the subiect in controuersie but also to the Popes owne minde and meaning For he restraines the Popes power to depose Kings onely to cases of Heresie Apostasie and persecuting of the Church whereas Popes extend their power to a further distance They depose Princes for infringing or in any sort diminishing the Priuiledges of Monasteries witnesse Gregorie the first in the pretended Charter granted to the Abbey of S. Medard at Soissons the said Charter beeing annexed to his Epistles in the rere The same hee testifieth in his Epistle to Senator by name the tenth of the eleuenth booke They depose for naturall dulnesse and lacke of capacitie wether in-bred and trew indeed or onely pretended and imagined witnesse the glorious vaunt of Gregory VII that Childeric King of France was hoysted out of his Throne by Pope Zachary Caus 15. Can. Alius Qu. 6. Not so much for his wicked life as for his vnablenesse to beare the weightie burden of so great a Kingdome They depose for collating of Benefices and Prebends witnesse the great quarrels and sore contentions betweene Pope Innocent III. and Iohn King of England as also betweene Philip the Faire and Boniface VIII They depose for adulteries and Matrimoniall suites witnes Philip I. for the repudiating or casting off his lawfull wife Bertha and marrying in her place with Bertrade wife to the Earle of Aniou Paul Aemil. in Phil. 3. Finally faine would I learne into what Heresie or degree of Apostasie either Henry IV. or Frederic Barbarossa or Frederic II. Emperours were fallen when they were smitten with Papall fulminations euen to the depriuation of their Imperiall Thrones What was it for Heresie or Apostasie that Pope Martin IV. bare so hard a hand against Peter King of Arragon that he acquitted and released the Aragonnois from their oath of Alleagiance to Peter their lawfull King Was it for Heresie or Apostasie for Arrianisme or Mahumetisme that Lewis XII so good a King and Father of his Countrey was put downe by Iulius the II Was it for Heresie or Apostasie that Sixtus V. vsurped a power against Henrie III. euen so farre as to denounce him vnkingd the issue whereof was the parricide of that good King and the most wofull desolation of a most flourishing Kingdome But his Lordship best liked to worke vpon that ground which to the outward shew and appearance is the most beautifull cause that can be alleaged for the dishonouring of Kings by the weapon of deposition making himselfe to beleeue that he acted the part of an Orator before personages not much acquainted with ancient and moderne histories and such as little vnderstood the state of the question then in hand It had therefore beene a good warrant for his Lordship to haue brought some authenticall instrument from the Pope whereby the French might haue beene secured that his Holinesse renounceth all other causes auouchable for the degrading of Kings and that he will henceforth rest in the case of Heresie for the turning of Kings out of their Free-hold as also that his Holinesse by the same or like instrument might haue certified his pleasure that hee will not hereafter make himselfe Iudge whether Kings bee tainted with damnable Heresie or free from Hereticall infection For that were to make himselfe both Iudge and Plaintiffe that it might be in his power to call that doctrine Hereticall which is pure Orthodoxe and all for this end to make himselfe master of the Kingdome and there to settle a Successour who receiuing the Crowne of the Popes free gift and grant might be tyed thereby to depend altogether vpon his Holinesse Hath not Pope Boniface VIII declared in his proud Letters all those to be Heretiques that dare vndertake to affirme the collating of Prebends appertemeth to the King It was that Popes grosse errour not in the fact but in the right The like crime forsooth was by Popes imputed to the vnhappy Emperour Henrie IV. And what was the issue of the said imputation The sonne is instigated thereby to rebell against his father and to impeach the interrement of his dead corps who neuer in his life had beate his braines to trouble the sweet waters of Theologicall fountaines Annal. Beio Lib. 3. Iâ—â—â—anen Episcop It is recorded by Auentine that Bishop Virgilius was declared Heretique for teaching the Position of Antipodes The Bull Exurge marching in the rere of the last Lateran Councel sets downe this Position for one of Luthers heresies A new life is the best repentance Optima poenitentia noua vita Conc. Constan Sess 2. Among the crimes which the Councel of Constance charged Pope Iohn XXIII withall one was this that hee denied the immortalitie of the soule and that so much was publiquely manifestly and notoriously knowen Now if the Pope shall be caried by the streame of these or the like errours and in his Hereticall prauitie shall depose a King of the contrary opinion I shall hardly bee perswaded the said King is lawfully deposed THE FIRST INCONVENIENCE EXAMINED THE first inconuenience growing in the Cardinall his conceit by entertaining the Article of the third Estate whereby the Kings of France are declared to be indeposeable by any superiour power spirituall or temporall is this It offereth force to the conscience vnder the penaltie of Anathema to condemne a doctrine beleeued and practised in the Church in the continuall current of the last eleuen hundred yeeres In these words he maketh a secret confession that in the first fiue hundred yeeres the same doctrine was neither apprehended by faith nor approoued by practise Wherein to my vnderstanding the L. Cardinall voluntarily giueth ouer the suite For the Church in the time of the Apostles their disciples and successors for 500. yeeres together was no more ignorant what authoritie the Church is to challenge ouer Emperours and Kings then at any time since in any succeeding aage in which as pride hath still flowed to the height of a full Sea so puritie of religion and manners hath kept for the most part at a lowe water marke Which point is the rather to be considered for that during the first
Sheweth such Princely courage and resolution in those times when all that stood and suffered for the Popes Temporall pretensions against Kings were enrowled Martyrs or Confessors The Pope takes the matter in fowle scorne and great indignation shuts the King by his excommunicatory Bulls out of the Church stirres vp his Barons for other causes the Kings heauy friends to rise in armes giues the Kingdome of England like a masterlesse man turned ouer to a new master to Philippus Augustus King of France bindes Philip to make a conquest of England by the sword or else no bargaine or else no gift promises Philip in recompence of his trauell and Royall expences in that conquest full absolution and a generall pardon at large for all his sinnes to bee short cuts King Iohn out so much worke and makes him keepe so many yrons in the fire for his worke that he had none other way none other meanes to pacifie the Popes high displeasure to correct or qualifie the malignitie of the Popes cholericke humour by whom he was then so entangled in the Popes toyles but by yeelding himselfe to become the Popes vassal and his Kingdome feudatary or to hold by fealty of the Papall See By this meanes his Crowne is made tributary all his people liable to payment of taxes by the poll for a certaine yeerely tribute and he is blessed with a pardon for all his sinnes Whether King Iohn was mooued to doe this dishonourable act vpon any deuotion or inflamed with any zeale of Religion or inforced by the vnresistable weapons of necessitie who can be so blind that he doeth not well see and clearely perceiue For to purchase his owne freedome from this bondage to the Pope what could he bee vnwilling to doe that was willing to bring his Kingdome vnder the yoake of Amirales Murmelinus a Mahumetan Prince then King of Granado and Barbaria The Pope after that sent a Legat into England The King now the Popes vassall and holding his Crowne of the Pope like a man that holds his land of another by Knights seruice or by homage and fealtie doeth faire homage for his Crowne to the Popes Legat and layeth downe at his feet a great masse of the purest gold in coyne The reuerend Legat in token of his Masters Soueraigntie with more then vsuall pride falls to kicking and spurning the treasure no doubt with a paire of most holy feet Not onely so but likewise at solemne feasts is easily entreated to take the Kings chaire of Estate Heere I would faine know the Lord Cardinals opinion whether these actions of the Pope were iust or vniust lawfull or vnlawfull according to right or against all right and reason If he will say against right it is then cleare that against right his Lordship hath made way to this example if according to right let him then make it knowen from whence or from whom this power was deriued and conueyed to the Pope whereby hee makes himselfe Souereigne Lord of Temporalties in that Kingdome where neither he nor any of his predecessours euer pretended any right or layd any claime to Temporall matters before Are such prankes to be played by the Pontificiall Bishop Is this an act of Holinesse to set a Kingdome on fire by the flaming brands of sedition to dismember and quarter a Kingdome with intestine warres onely to this end that a King once reduced to the lowest degree of miserie might be lifted by his Holinesse out of his Royall prerogatiue the very soule and life of his Royall Estate When began this Papall power In what aage began the Pope to practise this power What! haue the ancient Canons for the Scripture in this question beareth no pawme haue the Canons of the ancient Church imposed any such satisfaction vpon a sinner that of a Souereigne and free King he should become vassall to his ghostly Father that he should make himselfe together with all his people and subiects tributaries to a Bishop that shall rifle a whole Nation of their coine that shall receiue homage of a King and make a King his vassall What! Shall not a sinner be quitted of his faults except his Pastor turne robber and one that goeth about to get a booty except hee make his Pastour a Feoffee in his whole Estate and suffer himselfe vnder a shadow of penance to freeze naked to be turned out of all his goods and possessions of inheritance But be it granted admit his Holinesse robs one Prince of his rights and reuenewes to conferre the same vpon another were it not an high degree of tyrannie to finger another mans estate and to giue that away to a third which the second hath no right no lawfull authoritie to giue Well if the Pope then shall become his owne caruer in the rights of another if he shall make his owne coffers to swell with anothers reuenewes if he shall decke and aray his owne backe in the spoiles of a sinner with whom in absolution he maketh peace and taketh truce what can this be else but running into further degrees of wickednesse and mischiefe what can this be else but heaping of robbery vpon fraud and Impietie vpon robbery For by such deceitfull craftie and cunning practises the nature of the Pontificiall See meerely spirituall is changed into the Kings-bench-Court meerely temporall the Bishops chaire is changed into a Monarchs Throne And not onely so but besides the sinners repentance is changed into a snare or pit-fall of cousening deceit and S. Peters net is changed into a casting-net or a flew to fish for all the wealth of most flourishing Kingdomes Moreouer the King a hard case is driuen by such wiles and subtilties to worke impossibilities to acte more then is lawfull or within the compasse of his power to practise For the King neither may in right nor can by power trans-nature his Crowne impaire the Maiestie of his Kingdome or leaue his Royal dignitie lesse free to his heire apparant or next successor then he receiued the same of his predecessour Much lesse by any dishonourable capitulations by any vnworthy contracts degrade his posteritie bring his people vnder the grieuous burden of tributes and taxes to a forreine Prince Least of all make them tributary to a Priest vnto whom it no way apperteineth to haue any hand in the ciuill affaires of Kings or to distaine and vnhallow their Crownes And therefore when the Pope dispatched his Nuntio to Philippus Augustus requesting the King to auert Lewis his sonne from laying any claime to the Kingdome of England Philip answered the Legat as we haue it in Matth. Paris No King no Prince can alienate or giue away his Kingdom but by consent of his Barons bound by Knights seruice to defend the said Kingdome and in case the Pope shall stand for the contrary error his Holines shall giue to Kingdomes a most pernicious example By the same Author it is testified that King Iohn became odious to his subiects for such dishonourable and vnworthy
being scantly inhabited but by very few and they as barbarous and scant of ciuilitie as number there comes our first King Fergus with a great number with him out of Ireland which was long inhabited before vs and making himselfe master of the countrey by his owne friendship and force as well of the Ireland-men that came with him as of the countrey-men that willingly fell to him hee made himselfe King and Lord as well of the whole landes as of the whole inhabitants within the same Thereafter he and his successours a long while after their being Kinges made and established their lawes from time to time and as the occasion required So the trewth is directly contrarie in our state to the false affirmation of such seditious writers as would perswade vs that the Lawes and state of our countrey were established before the admitting of a king where by the contrarie ye see it plainely prooued that a wise king comming in among barbares first established the estate and forme of gouernement and thereafter made lawes by himselfe and his successours according thereto The kings therefore in Scotland were before any estates or rankes of men within the same before any Parliaments were holden or lawes made and by them was the land distributed which at the first was whole theirs states erected and decerned and formes of gouernement deuised and established And so it followes of necessitie that the kings were the authors and makers of the Lawes and not the Lawes of the kings And to prooue this my assertion more clearly it is euident by the rolles of our Chancellery which containe our eldest and fundamentall Lawes that the King is Dominus omnium bonorum and Dominus directus totius Dominij the whole subiects being but his vassals and from him holding all their lands as their ouer-lord who according to good seruices done vnto him chaungeth their holdings from tacke to few from ward to blanch erecteth new Baronies and vniteth olde without aduice or authoritie of either Parliament or any other subalterin iudiciall seate So as if wrong might bee admitted in play albeit I grant wrong should be wrong in all persons the King might haue a better colour for his pleasure without further reason to take the land from his lieges as ouer-lord of the whole and doe with it as pleaseth him since all that they hold is of him then as foolish writers say the people might vnmake the king and put an other in his roome But either of them as vnlawful and against the ordinance of God ought to be alike odious to be thought much lesse put in practise And according to these fundamentall Lawes already alledged we daily see that in the Parliament which is nothing else but the head Court of the king and his vassals the lawes are but craued by his subiects and onely made by him at their rogation and with their aduice For albeit the king make daily statutes and ordinances enioyning such paines thereto as hee thinkes meet without any aduice of Parliament or estates yet it lies in the power of no Parliament to make any kinde of Lawe or Statute without his Scepter be to it for giuing it the force of a Law And although diuers changes haue beene in other countries of the blood Royall and kingly house the kingdome being reft by conquest from one to another as in our neighbour countrey in England which was neuer in ours yet the same ground of the kings right ouer all the land and subiects thereof remaineth alike in all other free Monarchies as well as in this For when the Bastard of Normandie came into England and made himselfe king was it not by force and with a mighty army Where he gaue the Law and tooke none changed the Lawes inuerted the order of gouernement set downe the strangers his followers in many of the old possessours roomes as at this day well appeareth a great part of the Gentlemen in England beeing come of the Norman blood and their old Lawes which to this day they are ruled by are written in his language and not in theirs And yet his successours haue with great happinesse enioyed the Crowne to this day Whereof the like was also done by all them that conquested them before And for conclusion of this point that the king is ouer-lord ouer the whole lands it is likewise daily proued by the Law of our hoordes of want of Heires and of Bastardies For if a hoord be found vnder the earth because it is no more in the keeping or vse of any person it of the law pertains to the king If a person inheritour of any lands or goods dye without any sort of heires all his landes and goods returne to the king And if a bastard die vnrehabled without heires of his bodie which rehabling onely lyes in the kings hands all that hee hath likewise returnes to the king And as ye see it manifest that the King is ouer-Lord of the whole land so is he Master ouer euery person that inhabiteth the same hauing power ouer the life and death of euery one of them For although a iust Prince will not take the life of any of his subiects without a cleare law yet the same lawes whereby he taketh them are made by himselfe or his predecessours and so the power flowes alwaies from him selfe as by daily experience we see good and iust Princes will from time to time make new lawes and statutes adioyning the penalties to the breakers thereof which before the law was made had beene no crime to the subiect to haue committed Not that I deny the old definition of a King and of a law which makes the king to bee a speaking law and the Law a dumbe king for certainely a king that gouernes not by his lawe can neither be countable to God for his administration nor haue a happy and established raigne For albeit it be trew that I haue at length prooued that the King is aboue the law as both the author and giuer of strength thereto yet a good king will not onely delight to rule his subiects by the lawe but euen will conforme himselfe in his owne actions thereuneto alwaies keeping that ground that the health of the common-wealth be his chiefe lawe And where he sees the lawe doubtsome or rigorous hee may interpret or mitigate the same lest otherwise Summum ius bee summa iniuria And therefore generall lawes made publikely in Parliament may vpon knowen respects to the King by his authoritie bee mitigated and suspended vpon causes onely knowen to him As likewise although I haue said a good king will frame all his actions to be according to the Law yet is hee not bound thereto but of his good will and for good example-giuing to his subiects For as in the law of abstaining from eating of flesh in Lenton the king will for examples sake make his owne house to obserue the Law yet no man will thinke he needs to take a licence to
made doubt or stop in it but at the first offering it vnto him did freely take it as a thing most lawfull neither meanes of threatening or flatterie being euer vsed vnto him as himselfe can yet beare witnesse And as for the temperature and modification of this Oath except that a reasonable and lawfull matter is there set downe in reasonable and temperate wordes agreeing thereunto I know not what he can meane by quarelling it for that fault For no temperatnesse nor modifications in words therein can iustly be called the Deuils craft when the thing it selfe is so plaine and so plainely interpreted to all them that take it as the onely troublesome thing in it all bee the wordes vsed in the end thereof for eschewing Aequiuocation and Mentall reseruation Which new Catholike doctrine may farre iustlier bee called the Deuils craft then any plaine and temperate wordes in so plaine and cleare a matter But what shall we say of these strange countrey clownes whom of with the Satyre we may iustly complaine that they blow both hote cold out of one mouth For Luther and all our bold and free-speaking Writers are mightily railed vpon by them as hote-brained fellowes and speakers by the Deuils instinct and now if we speake moderately and temperately of them it must be tearmed the Deuils craft And therefore wee may iustly complaine with CHRIST that when we 1 Mat. 11.17 mourne they wil not lament and when we pipe they wil not dance But neither Iohn Baptist his seueritie nor CHRIST his meekenesse and lenitie can please them who build but to their owne Monarchie vpon the ground of their owne Traditions and not to CHRIST vpon the ground of his word and infallible trewth But what can bee meant by alleadging that the craft of the Deuill herein is onely vsed for subuersion of the Catholique Faith and euersion of Saint Peters Primacie had neede bee commented anew by Bellarmine himselfe For in all this Letter of his neuer one word is vsed to prooue that by any part of this Oath the Primacie of Saint Peter is any way medled with except Master Bellarmine his bare alleadging which without proouing it by more cleare demonstration can neuer satisfie the conscience of any reasonable man For for ought that I know heauen and earth are no farther asunder then the profession of a temporall obedience to a temporall King is different from any thing belonging to the Catholique Faith or Supremacie of Saint Peter For as for the Catholique Faith No decision of any point of Religion in the Oath of Allegiance can there be one word found in all that Oath tending or sounding to matter of Religion Doeth he that taketh it promise there to beleeue or not to beleeue any article of Religion Or doeth hee so much as name a trew or false Church there And as for Saint Peters Primacie I know no Apostles name that is therein named except the name of IAMES it being my Christen name though it please him not to deigne to name me in all the Letter albeit the contents thereof concerne mee in the highest degree Neither is there any mention at all made therein either disertis verbis or by any other indirect meanes either of the Hierarchie of the Church of Saint Peters succession of the Sea Apostolike or of any such matter but that the Author of our Letter doeth brauely make mention of Saint Peters succession bringing it in comparison with the succession of Henry the eight Of which vnapt and vnmannerly similitude I wonder he should not be much ashamed For as to King Henries Successour which hee meaneth by mee as I I say neuer did nor will presume to create any Article of Faith or to bee Iudge thereof but to submit my exemplarie obedience vnto them in as great humilitie as the meanest of the land so if the Pope could bee as well able to prooue his either Personall or Doctrinall Succession from Saint Peter as I am able to prooue my lineall descent from the Kings of England and Scotland there had neuer beene so long adoe nor so much sturre kept about this question in Christendome neither had 2 Bellar. de Rom. Pont. li. 4. cap. 6. Ibid. l 2. ca. 12. Master Bellarmine himselfe needed to haue bestowed so many sheetes of paper De summo Pontifice in his great bookes of Controuersies And when all is done to conclude with a morall certitude and a piè credendum bringing in the 3 Idem ibid. lib. 2. cap. 14. Popes that are parties in this cause to be his witnesses and yet their historicall narration must bee no article of Faith And I am without vanterie sure that I doe farre more neerely imitate the worthie actions of my Predecessours then the Popes in our aage can be well proued to be similes Petro especially in cursing of Kings and setting free their Subiects from their Allegiance vnto them But now wee come to his strongest argument which is That he would alledge vpon mee a Panicke terrour as if I were possessed with a needlesse feare The Cardinals weightiest Argument For saith the Cardinall from the beginning of the Churches first infancie euen to this day where was it euer heard that euer a Pope either commaunded to bee killed or allowed the slaughter of any Prince whatsoeuer whether hee were an Hereticke an Ethnicke or Persecutour But first wherefore doeth he here wilfully and of purpose omit the rest of the points mentioned in that Oath for deposing degrading stirring vp of armes or rebelling against them which are as well mentioned in that Oath as the killing of them as beeing all of one consequence against a King no Subiect beeing so scrupulous as that hee will attempt the one and leaue the other vnperformed if hee can And yet surely I cannot blame him for passing it ouer since he could not otherwise haue eschewed the direct belying of himselfe in tearmes which hee now doeth but in substance and effect For 1 Bellarm. de Rom Pont. lib. 5. cap. 8. et lib. 3. cap. 16. as for the Popes deposing and degrading of Kings hee maketh so braue vaunts and bragges of it in his former bookes as he could neuer with ciuill honestie haue denied it here But to returne to the Popes allowing of killing of Kings I know not with what face hee can set so stout a deniall vpon it against his owne knowledge How many Emperours did the Pope raise warre against in their owne bowels Who as they were ouercome in battaile were subiect to haue beene killed therein which I hope the Pope could not but haue allowed when he was so farre inraged at 2 Gotfrid Viterb Helmod Cuspinian Henry the fifth for giuing buriall to his fathers dead corpes after the 3 Paschal 2. Pope had stirred him vp to rebell against his father and procured his ruine But leauing these olde Histories to Bellarmines owne bookes that doe most authentically cite them as I haue already
whereof neuer Christian King is or was afraid Was neuer Christian Emperour or King afraid of the Popes How then were these miserable Emperours tost and turmoiled and in the end vtterly ruined by the Popes for proofe whereof I haue already cited Bellarmines owne bookes Was not the 13 Henry 4. Emperour afraid who 14 Abbas Vâ—spergen Lamb Scaff Anno 1077. Plat. in vit Greg. 7. waited barefooted in the frost and snow three dayes at the Popes gate before he could get entrie Was not the 15 Frederick Barbarosia Emperour also afraid 16 Naucler gener 40. Iacob Bergom in Supplem chron Alfons Clacon in vit Alex. 3. who was driuen to lie agroofe on his belly and suffer another Pope to tread vpon his necke And was not another 17 Henry 6. Emperour afraid 18 R. Houeden in Rich 1 Ranulph in Polycronico lib. 7. who was constrained in like maner to endure a third Pope to beat off from his head the Imperiall Crowne with his foot Was not 19 Abbas Vrsper ad Ann. 1191. Nanc gen 40. Cuspin in Philippo Philip afraid being made Emperour against Pope Innocentius the thirds good liking when he brake out into these words Either the Pope shall take the Crowne from Philip or Philip shall take the Miter from the Pope whereupon the Pope stirred vp Ottho against him who caused him to be slaine and presently went to Rome and was crowned Emperour by the Pope though afterward the Pope 1 Abbas Vrsper deposed him too Was not the Emperour 2 Math. Paris in Henr. 3. Petr de Vineis Epist li. 1. 2. Cuspin in Freder 2. Fredericke afraid when Innocentius the fourth excommunicated him depriued him of his crowne absolued Princes of their Oath of fidelitie to him and in Apulia corrupted one to giue him poison whereof the Emperour recouering hee hired his bastard sonne Manfredus to poison him whereof he died What did 3 Vita Frederici Germanicè conscripta Alexander the third write to the Soldan That if he would liue quietly hee should by some slight murther the 4 Fredericke Barbarossa Emperour and to that end sent him the Emperours picture And did not 5 Paul Iouius Hist lib. 2. Cuspinian in Baiazet 11. Guiccâ—ard lib 2. Alexander the sixt take of the Turke Baiazetes two hundred thousand crownes to kill his brother Gemen or as some call him Sisimus whom he helde captiue at Rome Did hee not accept of the conditions to poyson the man and had his pay Was not our 6 Houeden pag. 308. Matth. Paris in Henric 2. Walsinga in Hypodig Neustriae Ioan. Capgraue Henry the second afraid after the slaughter of Thomas Becket that besides his going bare-footed in Pilgrimage was whipped vp and down the Chapter-house like a schoole-boy and glad to escape so to Had not this French King his great grandfather King Iohn reason to be afraid when the 7 Gomecius de rebus gest Fran. Ximenij Archiepis Tolet. lib. 5. Pope gaue away his kingdome of Nauarre to the King of Spaine whereof he yet possesseth the best halfe Had not this King his Successour reason to be afraid when he was forced to begge so submissiuely the relaxation of his Excommunication as he was content likewise to suffer his Ambassadour to be whipped at Rome for penance And had not the late Queene reason to looke to her selfe when she was excommunicated by Pius Quintus her Subiects loosed from their fidelitie and Allegiance toward her her Kingdome of Ireland giuen to the King of Spaine and that famous fugitiue diuine honoured with the like degree of a redde Hat as Bellarmine is was not ashamed to publish in Printan 8 Card. Allens Answere to Stan. letter Anno 1587. Apologie for Stanleys treason maintaining that by reason of her excommunication and heresie it was not onely lawfull for any of her Subiects but euen they were bound in conscience to depriue her of any strength which lay in their power to doe And whether it were armies townes or fortresses of hers which they had in their hands they were obliged to put them in the King of Spaine her enemies hands shee no more being the right owner of anything But albeit it be trew that wise men are mooued by the examples of others dangers to vse prouidence and caution according to the olde Prouerbe Tumtuares agitur paries cùm proximus ardet yet was I much neerlier summoned to vse this caution by the practise of it in mine owne person First by the sending foorth of these Bulles whereof I made mention already for debarring me from entrie vnto this Crowne and Kingdome And next after my entrie and full possession thereof by the horrible Powder-treason which should haue bereft both me and mine both of crowne and life And howsoeuer the Pope will seeme to cleare himselfe of any allowance of the said Powder-treason yet can it not be denied that his principall ministers here and his chiefe Mancipia the Iesuites were the plaine practisers thereof for which the principall of them hath died confessing it and other haue fled the Countrey for the crime yea some of them gone into Italy and yet neither these that fled out of this Countrey for it nor yet Baldwine who though he then remained in the Low-countreys was of counsell in it were euer called to account for it by the Pope much lesse punished for medling in so scandalous and enormous businesse And now what needs so great wonder and exclamation that the only King of England feareth And what other Christian King doeth or euer did feare but hee As if by the force of his rhetoricke he could make me and my good Subiects to mistrust our senses deny the Sunne to shine at midday and not with the serpent to stop our cares to his charming but to the plaine and visible veritie it selfe And yet for all this wonder he can neuer prooue mee to be troubled with such a Panicke terrour Haue I euer importuned the Pope with any request for my securitie Or haue I either troubled other Christian Princes my friends and allies to intreat for me at the Popes hand Or yet haue I begged from them any aide or assistance for my farther securitie No. All this wondred-at feare of mine stretcheth no further then wisely to make distinction betweene the sheepe and goats in my owne pasture For since what euer the Popes part hath beene in the Powder-treason yet certaine it is that all these caitife monsters did to their death maintaine that onely zeale of Religion mooued them to that horrible attempt yea some of them at their death would not craue pardon at God or King for their offence exhorting other of their followers to the like constancie Had not wee then and our Parliament great reason by this Oath to set a marke of distinction betweene good Subiects and bad Yea betweene Papists though peraduenture zealous in their religion yet otherwise ciuilly honest and
the soule is immortall Or thus with certaine seduced Christians The Pope hath ordained the word of God to be authenticall ergo all credit must be giuen to diuine Scripture Vpon the spurkies or hookes of such ridiculous arguments and friuolous reasons the L. Cardinall hangs the life and safetie of Kings With like artificiall deuises hee pretendeth to haue the infamous murders and apposted cutting of Kings throats in extreame detestation and yet by deposing them from their Princely dignities by degrading them from their supreame and Soueraigne authorities hee brings their sacred heads to the butchers blocke For a King deposed by the Pope let no man doubt will not leaue any stone vnremooued nor any meanes and wayes vnattempted nor any forces or powers of men vnleuied or vnhired to defend himselfe and his Regall dignitie to represse and bring vnder his rebellious people by the Pope discharged of their alleagiance In this perplexitie of the publike affaires in these tempestuous perturbations of the State with what perils is the King not besieged and assaulted His head is exposed to the chances of warre his life a faire marke to the insidious practises of a thousand traitours his Royall person obuious to the dreadfull storme of angry fortune to the deadly malice to the fatall and mortall weapons of his enemies The reason He is presupposed to be lawfully and orderly stripped of his Kingdome Wil he yet hold the sterne of his Royall estate Then is he necessarily taken for a Tyrant reputed an vsurper and his life is exposed to the spoile For the publike lawes make it lawful and free for any priuate person to enterprise against an vsurper of the Kingdome Euery man saith Tertullian is a souldier In reos Maiestatis 〈◊〉 publâ—cos hostes omnis hom omiles est Tertul. apol cap. 2. to beare armes against all traitors and publike enemies Take from a King the title of lawfull King you take from him the warrant of his life and the weapons whereby he is maintained in greater securitie then by his Royall Guard armed with swords and halberds through whose wards and ranks a desperate villaine will make himselfe an easie passage being master of another mans life because he is prodigall and carelesse of his owne Such therefore as pretend so much pity towards Kings to abhorre the bloody opening of their liuer-veine and yet withall to approoue their hoysting out of the Royall dignity are iust in the veine and humour of those that say Let vs not kill the King but let vs disarme the King that he may die a violent death let vs not depriue him of life but of the meanes to defend his life let vs not strangle the King and stop his vitall breath so long as he remaineth King O that were impious O that were horrible and abominable but let him be deposed and then whosoeuer shall runne him through the body with a weapon vp to the very hilts shall not beare the guilt of a King-killer All this must be vnderstood to be spoken of Kings who after they are despoiled of Regalitie by sentence of deposition giuen by the Pope are able to arme themselues and by valiant armes doe defend their Soueraigne rights But in case the King blasted with Romane lightning and stricken with Papall thunder shall actually and speedily bee smitten downe from his high Throne of Regality with present losse of his Kingdome I beleeue it is almost impossible for him to warrant his owne life who was not able to warrant his owne Kingdome Let a cat be throwen from a high roofe to the bottome of a cellour or vault she lighteth on her feet and runneth away without taking any harme A King is not like a cat howsoeuer a cat may looke vpon a King he cannot fall from the loftie pinacle of Royalty to light on his feet vpon the hard pauement of a priuate state without crushing all his bones in pieces It hath bene the lot of very few Emperors and Kings to outliue their Empire For men ascend to the loftie Throne of Kings with a soft and easie pace by certaine steps and degrees there be no stately staires to come downe they tumble head and heeles together when they fall He that hath once griped anothers Kingdome thinks himselfe in little safetie so long as he shall of his courtesie suffer his disseised predecessour to draw his breath And say that some Princes after their fall from their Thrones haue escaped both point and edge of the Tyrants weapon yet haue they wandred like miserable fugitiues in forreine countreys or else haue bene condemned like captiues to perpetuall imprisonment at home a thousand-fold worse and more lamentable then death it selfe Dionysius the Tyrant of Syracusa from a great King in Sicilie tur'nd Schoolemaster in Corinth It was the onely calling and kind of life that as he thought bearing some resemblance of rule and gouernment might recreate his mind as an image or picture of his former Soueraigntie ouer men This Dionysius was the onely man to my knowledge that had a humour to laugh after the losse of a Kingdome and in the state of a Pedant or gouernour of children merily to ieast and to scorne his former state and condition of a King In this my Kingdome of England sundry Kings haue seene the walls as it were of their Princely fortresse dismantled razed and beaten downe By name Edward and Richard both II. and Henrie the VI. all which Kings were most cruelly murdered in prison In the reigne of Edward III. by Acte of Parliament Whosoeuer shall imagine that is the very word of the Statute or machinate the Kings death are declared guiltie of Rebellion and high Treason The learned Iudges of the Land grounding vpon this Law of Edward the third haue euer since reputed and iudged them traitors according to Law that haue dared onely to whisper or talke softly betweene the teeth of deposing the King For they count it a cleare case that no Crowne can be taken from a Kings head without losse of Head and Crowne together sooner or later The L. Cardinal therefore in this most weightie and serious point doth meerely dally and flowt after a sort Page 95. when hee tells vs The Church doeth not intermeddle with releasing of subiects and knocking off their yrons of obedience but onely before the Ecclesiasticall tribunall seat and that besides this double censure of absolution to subiects and excommunication to the Prince the Church imposeth none other penaltie Vnder pretence of which two censures so farre is the Church as the L. Cardinall pretendeth from consenting that any man so censured should bee touched for his life that she vtterly abborreth all murder whatsoeuer but especially all sudden and vnprepenced murders for feare of casting away both body and soule which often in sudden murders goe both one way It hath bene made manifest before that all such proscription and setting forth of Kings to port-sale hath alwaies for the traine thereof either some
of his life in the city of Tours Certaine it is they neuer abandoned that Henry 3. nor his next successor Henry 4. in all the heat of reuolts and rebellions raised in the greatest part of the Kingdome by the Pope and the more part of the Clergie but stood to the said Kings in all their battels to beare vp the Crowne then tottering and ready to fall Certaine it is that euen the heads and principalls of those by whom the late King deceased was pursued with all extremities at this day doe enioy the fruit of all the good seruices done to the King by the said Protestants And they are now disgraced kept vnder exposed to publike hatred What for kindling coales of questions and controuersies about Religion Forsooth not so but because if they might haue equall and indifferent dealing if credit might be giuen to their faithfull aduertisements the Crowne of their Kings should bee no longer pinned to the Popes flie-flap in France there should bee no French exempted from subiection to the French King causes of benefices or of matrimonie should bee no longer citable and summonable to the Romish Court and the Kingdome should bee no longer tributarie vnder the colour of annats the first fruits of Benefices after the remooue or death of the Incumbent and other like impositions But why doe I speake so much in the behalfe of the French Protestants The Lord Cardinall himselfe quittes them of this blame when he telleth vs this doctrine for the deposing of Kings by the Popes mace or verge had credit and authoritie through all France vntill Caluins time Doth not his Lordship vnder-hand confesse by these words that Kings had beene alwaies before Caluins time the more dishonoured and the worse serued Item that Protestants whom his Lordship calls heretikes by the light of holy Scripture made the world then and euer since to see the right of Kings oppressed so long before As for those of the Low Countries and the subiects of Swethland I haue little to say of their case because it is not within ordinary compasse and indeed serueth nothing to the purpose These Nations besides the cause of Religion doe stand vpon certaine reasons of State which I will not here take vpon me like a Iudge to determine or to sift Iunius Brutus Whom the Lord Cardinall obiecteth is an author vnknowne and perhaps of purpose patcht vp by some Romanist with a wyly deceit to draw the reformed Religion into hatred with Christian Princes Buchanan I reckon and ranke among Poets not among Diuines classicall or common If the man hath burst out here and there into some tearmes of excesse or speach of bad temper that must be imputed to the violence of his humour and heate of his spirit not in any wise to the rules and conclusions of trew Religion rightly by him conceiued before Barclaius alledged by the Cardinall meddles not with deposing of Kings but deals with disavowing them for Kings when they shal renounce the right of Royalty and of their owne accord giue ouer the Kingdome Now he that leaues it in the Kings choice either to hold or to giue ouer his Crowne leaues it not in the Popes power to take away the Kingdome Of Gerson obtruded by the Cardinal we haue spoken sufficiently before Where it hath beene shewed how Gerson is disguised masked and peruerted by his Lordship In briefe I take not vpon me to iustifie and make good all the sayings of particular authors We glory and well we may that our religion affordeth no rules of rebellion nor any dispensation to subiects for the oath of their allegiance and that none of our Churches giue entertainement vnto such monstrous and abhominable principles of disloyaltie If any of the French otherwise perswaded in former times Richcrius now hauing altered and changed his iudgement doth contend for the Soueraignty of Kings against Papall vsurpation He doubtles for winding himselfe out of the Laborinth of an error so intricate pernicious deserueth great honour and speciall praise He is worthy to hold a place of dignity aboue the L. Cardinall who hath quitted and betrayed his former iudgement which was holy and iust Their motions are contrary their markes are opposite The one reclineth from euill to good the other declineth from good to euill At last his Lordship commeth to the close of his Oration and bindes vp his whole harangue with a feate wreath of praises proper to his King He styles the King the eldest Sonne of the Church a young shoot of the lilly which King Salomon in all his Royaltie was not able to match He leades vs by the hand into the pleasant meadowes of Histories there to learne vpon the very first sight and view That so long so oft as the Kings of France embraced vnion and kept good tearmes of concord with Popes and the Apostolike See so long as the spouse of the Church was pastured and fed among the lillies all sorts of spirituall and temporall graces abundantly showred vpon their Crownes and vpon their people On the contrary when they made any rent or separation from the most holy See then the lillies were pricked and almost choaked with sharpe thornes they beganne to droope to stoope and to beare their beautifull heads downe to the very ground vnder the strong flawes and gusts of boystrous windes and tempests My answere to this flourishing close and vpshot shall be no lesse apert then apt It sauours not of good and faithfull seruice to smooth and stroake the Kings head with a soft hand of oyled speech and in the meane time to take away the Crowne from his head and to defile it with dirt But let vs try the cause by euidence of Historie yea by the voice and verdict of experience to see whether the glorious beauty of the French lillies hath beene at any time blasted and thereupon hath faded by starting aside and making separation from the holy See Vnder the raigne of King Philip the Faire France was blessed with peace and prosperity notwithstanding some outragious acts done against the Papall See and contumelious crying quittance by King Philip with the Pope Lewis 12. in ranged battell defeated the armies of Pope Iulius 2. and his Confederates proclaimed the said Pope to be fallen from the Popedome stamped certaine coynes and pieces of gold with a dishonourable mot euen to Rome it selfe Rome is Babylon yet so much was Lewis loued and honoured of his people that by a peculiar title he was called the Father of the Country Greater blessings of God greater outward peace and plenty greater inward peace with spirituall and celestiall treasures were neuer heaped vpon my Great Brittaine then haue beene since my Great Brittaine became Great in the greatest and chiefest respect of all to wit since my Great Brittaine hath shaken off the Popes yoke since she hath refused to receiue and to entertaine the Popes Legats employed to collect S. Peters tribute or Peter-pence since the Kings of England
the Lawes but onely the clearing and the sweeping off the rust of them and that by Parliament our Lawes might be cleared and made knowen to all the Subiects Yea rather it were lesse hurt that all the approued Cases were set downe and allowed by Parliament for standing Lawes in all time to come For although some of them peraduenture may bee vniust as set downe by corrupt Iudges yet better it is to haue a certaine Law with some spots in it nor liue vnder such an vncertaine and arbitrarie Law since as the prouerbe is It is lesse harme to suffer an inconuenience then a mischiefe And now may you haue faire occasion of amending and polishing your Lawes when Scotland is to bee vnited with you vnder them for who can blame Scotland to say If you will take away our owne Lawes I pray you giue vs a better and cleerer in place thereof But this is not possible to bee done without a fit preparation Hee that buildeth a Ship must first prouide the timber and as Christ himselfe said No man will build an house but he will first prouide the materials nor a wise King will not make warre against another without he first makeprouision of money and all great workes must haue their preparation and that was my end in causing the Instrument of the Vnion to be made Vnion is a mariage would he not bee thought absurd that for furthering of a mariage betweene two friends of his would make his first motion to haue the two parties be laid in bedde together and performe the other turnes of mariage must there not precede the mutuall sight and acquaintance of the parties one with another the conditions of the contract and Ioincture to be talked of and agreed vpon by their friends and such other things as in order ought to goe before the ending of such a worke The vnion is an eternall agreement and reconciliation of many long bloody warres that haue beene betweene these two ancient Kingdomes Is it the readiest way to agree a priuate quarell betweene two to bring them at the first to shake hands and as it were kisse other and lie vnder one roofe or rather in one bedde together before that first the ground of their quarell be communed vpon their mindes mitigated their affections prepared and all other circumstances first vsed that ought to be vsed to proceed to such a finall agreement Euery honest man desireth a perfect Vnion but they that say so and admit no preparation thereto haue mel in ore fel in corde If after your so long talke of Vnion in all this long Session of Parliament yee rise without agreeing vpon any particular what will the neighbour Princes iudge whose eyes are all fixed vpon the conclusion of this Action but that the King is refused in his desire whereby the Nation should bee taxed and the King disgraced And what an ill preparation is it for the mindes of Scotland toward the Vnion when they shall heare that ill is spoken of their whole Nation but nothing is done nor aduanced in the matter of the Vnion it selfe But this I am glad was but the fault of one and one is no number yet haue your neighbours of Scotland this aduantage of you that none of them haue spoken ill of you nor shall as long as I am King in Parliament or any such publique place of Iuditature Consider therefore well if the mindes of Scotland had not neede to be well prepared to perswade their mutuall consent seeing you here haue all the great aduantage by the Vnion Is not here the personall residence of the King his whole Court and family Is not here the seate of Iustice and the fountaine of Gouernment must they not be subiected to the Lawes of England and so with time become but as Cumberland and Northumberland and those other remote and Northerne Shires you are to be the husband they the wife you conquerours they as conquered though not by the sword but by the sweet and sure bond of loue Besides that they as other Northerne Countreys will beseldome seene and saluted by their King and that as it were but in a posting or hunting iourney How little cause then they may haue of such a change of so ancient a Monarchie into the case of priuate Shires iudge rightly herein And that you may be the more vpright Iudges suppose your selues the Patients of whom such sentence should be giuen But what preparation is it which I craue onely such as by the entrance may shew something is done yet more is intended There is a conceipt intertained and a double iealousie possesseth many wherein I am misiudged First that this Vnion will be the Crisis to the ouerthrow of England and setting vp of Scotland England will then bee ouerwhelmed by the swarming of the Scots who if the Vnion were effected would raigne and rule all The second is my profuse liberalitie to the Scottish men more then the English and that with this Vnion all things shal be giuen to them and you turned out of all To you shall bee left the sweat and labour to them shall bee giuen the fruite and sweet and that my forbearance is but till this Vnion may be gained How agreeable this is to the trewth Iudge you And that not by my wordes but by my Actions Doe I craue the Vnion without exceptions doe I not offer to binde my selfe and to reserue to you as in the Instrument all places of Iudicature doe I intend any thing which standeth not with the equall good of both Nations I could then haue done it and not spoken of it For all men of vnderstanding must agree that I might dispose without assent of Parliament Offices of Iudicature and others both Ecclesiasticall and Temporall But herein I did voluntarily offer by my Letters from Royston to the Commissioners to bind my Prerogatiue Some thinke that I will draw the Scottish Nation hither talking idlely of transporting of Trees out of a barren ground into a better and of leane cattell out of bad pasture into a more fertile soile Can any man displant you vnlesse you will or can any man thinke that Scotland is so strong to pull you out of your houses or doe you not thinke I know England hath more people Scotland more wast ground So that there is roumth in Scotland rather to plant your idle people that swarme in London streets and other Townes and disburden you of them then to bring more vnto you And in cases of Iustice if I bee partiall to either side let my owne mouth condemne me as vnworthy to be your King I appeale to your selues if in fauour or Iustice I haue beene partiall Nay my intention was euer you should then haue most cause to praise my discretion when you saw I had most power If hitherto I haue done nothing to your preiudice much lesse meane I hereafter If when I might haue done it without any breach of promise Thinke so of mee that
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
acquainted with their state If I had not more then cause you may be sure I would be loth to trouble you But what he hath affirmed in this vpon the honour of a Gentleman whom you neuer had cause to distrust for his honestie that doe I now confirme and auow to be trew in the word and honour of a King And therein you are bound to beleeue me Duetie I may iustly claime of you as my Subiects and one of the branches of duetie which Subiects owe to their Soueraigne is Supply but in what quantitie and at what time that must come of your loues I am not now therefore to dispute of a Kings power but to tell you what I may iustly craue and expect with your good wills I was euer against all extremes and in this case I will likewise wish you to auoyd them on both sides For if you faile in the one I might haue great cause to blame you as Parliament men being called by me for my Errands And if you fall into the other extreme by supply of my necessities without respectiue care to auoyd oppression or partialitie in the Leuie both I and the Countrey will haue cause to blame you When I thinke vpon the composition of this body of Parliament I doe well consider that the Vpper house is composed of the Seculer Nobilitie who are hereditary Lords of Parliament and of Bishops that are liue Renter Barons of the same And therefore what is giuen by the Vpper house is giuen onely from the trew body of that House and out of their owne purposes that doe giue it whereas the Lower house is but the representatiue body of the Commons and so what you giue you giue it aswell for others as for your selues and therefore you haue the more reason to eschew both the extreames On the one part ye may the more easily be liberall since it comes not all from your selues and yet vpon the other part if yee giue more then is fit for good and louing Subiects to yeeld vpon such necessary occasions yee abuse the King and hurt the people And such a gift I will neuer accept For in such a case you might deceiue a King in giuing your flattering consent to that which you know might moue the people generally to grudge and murmure at it and so should the King find himselfe deceiued in his Caloule and the people likewise grieued in their hearts the loue and possession of which I protest I did and euer will accompt the greatest earthly securitie next the fauour of GOD to any wise or iust King For though it was vainely saide by one of your House That yee had need to beware that by giuing mee too much your throats were not in danger of cutting at your comming home yet may ye assure your selues that I will euer bee lothe to presse you to doe that which may wrong the people and make you iustly to beare the blame thereof But that yee may the better bee acquainted with my inclination I will appeale to a number of my Priuie Councell here present if that before the calling of this Parliament and when I found that the necessitie of my estate required so great a supply they found me more desirous to obtaine that which I was forced to seeke then carefull that the people might yeeld me a supply in so great a measure as my necessities required without their too great losse And you all that are Parliament men and here present of both Houses can beare me witnesse if euer I burthened or imployed any of you for any particular Subsidies or summes by name further then my laying open the particular necessities of my state or yet if euer I spake to any Priuie Councellour or any of my learned Councell to labour voyces for me to this end I euer detested the hunting for Emendicata Suffragia A King that will rule and gouerne iustly must haue regard to Conscience Honour and Iudgement in all his great Actions as your selfe M. Speaker remembred the other day And therefore ye may assure your selues That I euer limitall my great Actions within that compasse But as vpon the one side I doe not desire you should yeeld to that extreame in giuing me more then as I said formerly vpon such necessary occasions are fit for good and louing Subiects to yeeld For that were to giue me a purse with a knife So on the other side I hope you will not make vaine pretences of wants out of causelesse apprehensions or idle excuses neither cloake your owne humours when your selues are vnwilling by alledging the pouertie of the people For although I will be no lesse iust as a King to such persons then any other For my Iustice with Gods grace shal be alike open to all yet ye must thinke I haue no reason to thanke them or gratifie them with any suits or matters of grace when their errand shall come in my way And yet no man can say that euer I quarrelled any man for refusing mee a Subsidie if hee did it in a moderate fashion and with good reasons For him that denies a good Law I will not spare to quarrell But for graunting or denying money it is but an effect of loue And therefore for the point of my necessities I onely desire that I be not refused in that which of duety I ought to haue For I know if it were propounded in the generall amongst you whether the Kings wants ought to be relieued or not there is not one of you that would make question of it And though in a sort this may seeme to be my particular yet it can not bee diuided from the generall good of the Common wealth For the King that is Parens Patriae telles you of his wants Nay Patria ipsa by him speakes vnto you For if the King want the State wants and therefore the strengthening of the King is the preseruation and the standing of the State And woe be to him that diuides the weale of the King from the weale of the Kingdome And as that King is miserable how rich soeuer he bee that raines ouer a poore people for the hearts and riches of the people are the Kings greatest treasure So is that Kingdome not able to subsist how rich and potent soeuer the people be if their King wants meanes to mainaine his State for the meanes of your King are the sinewes of the kingdome both in warre and peace for in peace I must minister iustice vnto you and in warre I must defend you by Armes but neither of these can I do without sufficient means which must come from your Aide and Supply I confesse it is farre against my nature to be burthensome to my people for it cannot but grieue me to craue of others that was borne to be begged of It is trew I craue more then euer King of England did but I haue farre greater and iuster cause and reason to craue then euer King of England had And though
my Treasurer hath at length declared the reasons vnto you of my necessities and of a large supply that he craued for the same wherein he omitted no arguments that can be vsed for that purpose yet will I my selfe now shortly remember you some of the weightiest reasons that come in my head to proue the equitie of my demaund First ye all know that by the accession of more Crownes which in my Person I haue brought vnto you my charge must be the greater in all reason For the greater your King be both in his dominion and number of Subiects he cannot but be forced thereby to be at the more charge and it is the more your honour so to haue it Next that posteritie and issue which it hath pleased God to send me for your vse cannot but bring necessarily with it a greater proportion of charge You all know that the late Queene of famous memory notwithstanding her orbitie had much giuen vnto her and more then euer any of her predecessors had before her Thirdly the time of creation of my Sonne doeth now draw neere which I chuse for the greater honour to bee done in this time of Parliament As for him I say no more the sight of himselfe here speakes for him Fourthly it is trew I haue spent much but yet if I had spared any of those things which caused a great part of my expense I should haue dishonored the kingdome my selfe and the late Queene Should I haue spared the funerall of the late Queene or the solemnitie of mine and my wiues entrie into this Kingdome in some honourable sort or should I haue spared our entrie into London or our Coronation And when most of the Monarches and great Princes in Christendome sent their Ambassadours to congratulate my comming hither and some of them came in person was I not bound both for my owne honour and the honour of the Kingdome to giue them good entertainement But in case it might be obiected by some that it is onely vpon occasions of warre that Kings obtaine great Supplies from their Subiects notwithstanding my interne Peace I am yet in a kinde of warre which if it bee without the more is your safetie For as the Treasurer tolde you at large I am now forced both in respects of State and my promise and for the generall cause of Religion to send a Supply of forces to Cleues and how long that occasion may last or what greater supply the necessitie of that Errand may draw mee vnto no man can yet tell Besides that although I haue put downe that forme of warlike keeping of Barwicke yet are all those commaunders my pensioners that were the late Queenes souldiers And I hope I sustaine a prettie Seminarie of Souldiers in my Forts within this Kingdome besides the two cautionary Townes in the Low-countreys Flushing and Brill And as for Ireland yee all know how vncertaine my charges are euer there that people being so easily stirred partly through their barbaritie and want of ciuilitie and partly through their corruption in Religion to breake foorth in rebellions Yee know how vnlooked for a Rebellion brake foorth there the last yeere which could not but put mee to extraordinary charges Besides I doe maintaine there continually an Armie which is a goodly Seminarie of expert and old Souldiers And I dare neuer suffer the same to be diminished till this Plantation take effect which no doubt is the greatest moate that euer came in the Rebels eyes and it is to be looked for that if euer they will bee able to make any stirre they will presse at it by all meanes for the preuenting and discouraging this Plantation Now it is trew that besides all these honourable and necessary occasions of my charge I haue spent much in liberalitie but yet I hope you will consider that what I haue giuen hath bene giuen amongst you and so what comes in from you goes out againe amongst you But it may be thought that I haue giuen much amongst Scottishmen Indeed if I had not beene liberall in rewarding some of my old seruants of that Nation ye could neuer haue had reason to expect my thankefulnesse towards any of you that are more lately become my Subiects if I had beene ingrate to the old And yet yee will find that I haue dealt twice as much amongst English men as I haue done to Scottishmen And therefore he that in your House was not ashamed to affirme that the siluer and gold did so abound in Edenburgh was very farre mistaken but I wish him no worse punishment then that hee should onely liue vpon such profit of the money there But I hope you will neuer mislike me for my liberalitie since I can looke very few of you this day in the face that haue not made suits to mee at least for some thing either of honour or profit It is trew a Kings liberalitie must neuer be dried vp altogether for then he can neuer maintaine nor oblige his seruants and well deseruing Subiects But that vastnesse of my expence is past which I vsed the first two or three yeeres after my comming hither And as I oft vsed to say that Christmas and open tide is ended For at my first comming here partly ignorance of this State which no man can acquire but by time and experience and partly the forme of my comming being so honourable and miraculous enforced me to extend my liberalitie so much the more at the beginning Ye saw I made Knights then by hundreths and Barons in great numbers but I hope you find I doe not so now nor minde not to doe so hereafter For to conclude this point anent expences I hold that a Kings expence must alwayes bee honourable though not wastefull and the charges of your King in maintaining those ancient honourable formes of liuing that the former Kings of England my Predecessours haue done and his liuing to bee ruled according to the proportion of his greatnesse is aswell for the honour of your Kingdome as of your King Now this cannot be supplied out of the ayre or liquid elements but must come from the people And for remouing of that diffidence which men may haue that I minde not to liue in any wastefull sort hereafter will you but looke vpon my selfe and my posteritie and if there were no more but that it will teach you that if I were but a naturall man I must needs bee carefull of my expences For as for my owne person I hope none that knowes me well can thinke me but as little inclined to any prodigall humours of vnnecessary things as any other reasonable man of a farre meaner estate Therefore since as I haue said I cannot be helped but from the people I assure my selfe that you will well allow mee such measure of Supplie as the people may beare and support him with more Honourable meanes then others haue had that as I may say without vaunting hath brought you more Honour then euer
with a false light which yee doe if ye mistake or mis-vnderstand my Speach and so alter the sence thereof But secondly I pray you beware to soile it with a foule breath and vncleane hands I meane that yee peruert not my words by any corrupt affections turning them to an ill meaning like one who when hee heares the tolling of a Bell fancies to himselfe that it speakes those words which are most in his minde And lastly which is worst of all beware to let it fall or breake for glasse is brittle which ye doe if ye lightly esteeme it and by contemning it conforme not your selues to my perswasions To conclude then As all these three dayes of Iubile haue fallen in the midst of this season of penitence wherein you haue presented your thanks to me and I the like againe to you So doe I wish and hope that the end of this Parliament will bee such as wee may all haue cause both I your Head and yee the Body to ioyne in Eucharisticke Thanks and Praises vnto God for our so good and happie an end A SPEACH IN THE STARRE-CHAMBER THE XX. OF JVNE ANNO 1616. GIVE THY IVDGEMENTS TO THE KING O GOD AND THY RIGHTEOVSNES TO THE KINGS SONNE These be the first words of one of the Psalmes of the Kingly Prophet Dauid whereof the literall sense runnes vpon him and his sonne Salomon and the mysticall sense vpon GOD and CHRIST his eternall Sonne but they are both so wouen together as some parts are and can onely bee properly applied vnto GOD and CHRIST and other parts vnto Dauid and Salomon as this Verse Giue thy Iudgements to the King O God and thy Righteousnesse to the Kings Sonne cannot be properly spoken of any but of Dauid and his sonne because it is said Giue thy Iudgements c. Now God cannot giue to himselfe In another part of the same Psalme where it is said that Righteousnes shall flourish and abundance of Peace as long as the Moone endureth it signifieth eternitie and cannot be properly applied but to GOD and CHRIST But both senses aswell literall as mysticall serue to Kings for imitation and especially to Christian Kings for Kings sit in the Throne of GOD and they themselues are called Gods And therefore all good Kings in their gouernment must imitate GOD and his Christ in being iust and righteous Dauid and Salomon in being godly and wise To be wise is vnderstood able to discerne able to iudge others To be godly is that the fountaine be pure whence the streames proceed for what auailes it though all his workes be godly if they proceed not from godlinesse To bee righteous is to a mans selfe To bee iust is towards others But Iustice in a King auailes not vnlesse it be with a cleane heart for except he bee Righteous aswell as Iust he is no good King and whatsoeuer iustice he doeth except he doeth it for Iustice sake and out of the purenesse of his owne heart neither from priuate ends vaine-glory or any other by-respects of his owne all such Iustice is vnrighteousnesse and no trew Iustice From this imitation of GOD and CHRIST in whose Throne wee sit the gouernment of all Common-wealths and especially Monarchies hath bene from the beginning setled and established Kings are properly Iudges and Iudgement properly belongs to them from GOD for Kings sit in the Throne of GOD and thence all Iudgement is deriued In all well setled Monarchies where Law is established formerly and orderly there Iudgement is deferred from the King to his subordinate Magistrates not that the King takes it from himselfe but giues it vnto them So it comes not to them Priuatiuè but cumulatiuè as the Shoolemen speake The ground is ancient euer sithence that Counsell which Iethro gaue to Moses for after that Moses had gouerned a long time in his owne person the burthen grew so great hauing none to helpe him as his father in law comming to visite him found him so cumbred with ministring of Iustice that neither the people were satisfied nor he well able to performe it Therefore by his aduice Iudges were deputed for easier questions and the greater and more profound were left to Moses And according to this establishment all Kings that haue had a formall gouernement especially Christian Kings in all aages haue gouerned their people though after a diuers maner This Deputation is after one manner in France after another here and euen my owne Kingdomes differ in this point of gouernment for Scotland differs both from France and England herein but all agree in this I speake of such Kingdomes or States where the formalitie of Law hath place that the King that sits in Gods Throne onely deputes subalterne Iudges and he deputes not one but a number for no one subalterne Iudges mouth makes Law and their office is to interprete Law and administer Iustice But as to the number of them the forme of gouernement the maner of interpretation the distinction of Benches the diuersitie of Courts these varie according to the varietie of gouernment and institution of diuers Kings So this ground I lay that the seate of Iudgement is properly Gods and Kings are Gods Vicegerents and by Kings Iudges are deputed vnder them to beare the burden of gouernement according to the first example of Moses by the aduice of Iethro and sithence practised by Dauid and Salomon the wisest Kings that euer were which is in this Psalme so interlaced that as the first verse cannot be applied properly but to Dauid and Salomon in the words Giue thy Iudgements to the King c. So the other place in the same Psalme Righteousnesse shall flourish and abundance of peace shall remaine as long as the Moone endureth properly signifieth the eternitie of CHRIST This I speake to shew what a neere coniunction there is betweene God and the King vpward and the King and his Iudges downewards for the same coniunction that is betweene God and the King vpward the same coniunction is betweene the King and his Iudges downewards As Kings borrow their power from God so Iudges from Kings And as Kings are to accompt to God so Iudges vnto God and Kings and both Kings and Iudges by imitation haue two qualities from God and his Christ and two qualities from Dauid and his Salomon Iudgement and Righteousnesse from God and Christ Godlinesse and Wisedome from Dauid and Salomon And as no King can discharge his accompt to God vnlesse he make conscience not to alter but to declare and establish the will of God So Iudges cannot discharge their accompts to Kings vnlesse they take the like care not to take vpon them to make Law but ioyned together after a deliberate consultation to declare what the Law is For as Kings are subiect vnto Gods Law so they to mans Law It is the Kings Office to protect and settle the trew interpretation of the Law of God within his Dominions And it is the Iudges Office to interprete 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
ratified in Heauen the curse that in that case here I giue vnto you For I protest before that Great GOD I had rather not bee a Father and childlesse then bee a Father of wicked children But hoping yea euen promising vnto my selfe that GOD who in his great blessing sent you vnto mee shall in the same blessing as hee hath giuen mee a Sonne so make him a good and a godly Sonne not repenting him of his Mercie shewed vnto mee I end with my earnest prayer to GOD to worke effectually into you the fruites of that blessing which here from my heart I bestow vpon you Your louing Father I. R. TO THE READER CHaritable Reader it is one of the golden Sentences which Christ our Sauiour vttered to his Apostles that there is nothing so couered Luk. 12. that shal not be reuealed neither so hidde that shall not be knowen and whatsoeuer they haue spoken in darkenesse should be heard in the light and that which they had spoken in the eare in secret place should be publikely preached on the tops of the houses And since he hath said it most trew must it be fince the authour thereof is the fountaine and very being of trewth which should mooue all godly and honest men to be very warie in all their secretest actions and whatsoeuer middesses they vse for attaining to their most wished ends lest otherwise how auowable soeuer the marke be whereat they aime the middesses being discouered to be shamefull whereby they climbe it may turne to the disgrace both of the good worke it selfe and of the authour thereof since the deepest of our secrets cannot be hidde from that all-seeing eye and penetrant light piercing through the bowels of very darkenesse it selfe But as this is generally trew in the actions of all men so is it more specially trew in the affaires of Kings for Kings being publike persons by reason of their office and authority are as it were set as it was said of old vpon a publike stage in the sight of all the people where all the beholders eyes are attentiuely bent to looke and pry in the least circumstance of their secretest drifts Which should make Kings the more carefull not to harbour the secretest thought in their minde but such as in the owne time they shall not be ashamed openly to auouch assuring themselues that Time the mother of Veritie will in the due season bring her owne daughter to perfection The trew practise hereof I haue as a King oft found in my owne person though I thanke God neuer to my shame hauing laide my count euer to walke as in the eyes of the Almightie examining euer so the secretest of my drifts before I gaue them course as how they might some day bide the touchstone of a publike triall And amongst therest of my secret actions which haue vnlooked for of me come to publike knowledge it hath so fared with my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 directed to my eldest son which I wrote for exercise of mine owne ingyne and instruction of him who is appointed by God I hope to sit on my Throne after me For the purpose and matter thereof being onely fit for a King as teaching him his office and the person whomfor it was ordained a Kings heire whose secret counsellor and faithfull admonisher it must be I thought it no wayes conuenient nor comely that either it should to all be proclaimed which to one onely appertained and specially being a messenger betwixt two so coniunct persons or yet that the mould whereupon he should frame his future behauiour when hee comes both vnto the perfection of his yeeres and possession of his inheritance should before the hand be made common to the people the subiect of his future happy gouernment And therefore for the more secret and close keeping of them I onely permitted seuen of them to be printed the Printer being first sworne for secrecie and these seuen I dispersed amongst some of my trustiest seruants to be keeped closely by them lest in case by the iniquitie or wearing of time any of them might haue beene lost yet some of them might haue remained after me as witnesses to my Sonne both of the honest integritie of my heart and of my fatherly affection and naturall care towards him But since contrary to my intention and expectation as I haue alreadie said this Booke is now vented and set foorth to the publike view of the world and consequently subiect to euery mans censure as the current of his affection leades him I am now forced as well for resisting to the malice of the children of enuie who like waspes sucke venome out of euery wholsome herbe as for the satisfaction of the godly honest sort in any thing that they may mistake therein both to publish and spread the true copies thereof for defacing of the false copies that are alreadie spread as I am enformed as likewise by this Preface to cleare such parts thereof as in respect of the concised shortnesse of my Style may be mis-interpreted therein To come then particularly to the matter of my Booke there are two speciall great points which as I am informed the malicious sort of men haue detracted therein and some of the honest sort haue seemed a little to mistake whereof the first and greatest is that some sentences therein should seeme to furnish grounds to men to doubt of my sinceritie in that Religion which I haue euer constantly professed the other is that in some parts thereof I should seeme to nourish in my minde a vindictiue resolution against England or at the least some principals there for the Queene my mothers quarrell The first calumnie most grieuous indeed is grounded vpon the sharpe and bitter wordes that therein are vsed in the description of the humors of Puritanes and rash-headie Preachers that thinke it their honour to contend with Kings and perturbe whole kingdomes The other point is onely grounded vpon the strait charge I giue my Sonne not to heare nor suffer any vnreuerent speeches or bookes against any of his parents or progenitors wherein I doe alledge my owne experience anent the Queene my mother affirming that I neuer found any that were of perfit aage the time of her reigne here so stedfastly trew to me in all my troubles as these that constantly kept their allegiance to her in her time But if the charitable Reader will aduisedly consider both the methode and matter of my Treatise he will easily iudge what wrong I haue sustained by the carping at both For my Booke suppose very small being diuided in three seuerall parts the first part thereof onely treats of a Kings duety towards God in Religion wherein I haue so clearely made profession of my Religion calling it the Religion wherein I was brought vp and euer made profession of and wishing him euer to continue in the same as the onely trew forme of Gods worship that I would haue thought my sincere plainnesse in that
for keeping of the peace where by their naturall dewtie they are oblished to obey the lawe and keepe the peace all the daies of their life vpon the perill of their verie craigges For remeid to these euils in their estate Remedie of such euils Arist 5. Polit. teach your Nobilitie to keepe your lawes as precisely as the meanest feare not their orping or beeing discontented as long as yee rule well for their pretended reformation of Princes taketh neuer effect but where euill gouernement precedeth Acquaint your selfe so with all the honest men of your Barrons and Gentlemen Zeno in Cyr. Iso in En. Cic. ad Q. fra and be in your giuing accesse so open and affable to euery ranke of honest persons as may make them peart without scarring at you to make their owne suites to you themselues and not to employ the great Lordes their intercessours for intercession to Saints is Papistrie so shall ye bring to a measure their monstrous backes And for their barbarous feides put the lawes to due execution made by mee there-anent beginning euer rathest at him that yee loue best and is most oblished vnto you to make him an example to the rest For yee shall make all your reformations to beginne at your elbow and so by degrees to flow to the extremities of the land And rest not vntill yee roote out these barbarous feides that their effects may bee as well smoared downe as their barbarous name is vnknowen to anie other nation For if this Treatise were written either in French or Latine I could not get them named vnto you but by circumlocution And for your easier abolishing of them put sharpelie to execution my lawes made against Gunnes and traiterous Pistolets thinking in your heart tearming in your speech and vsing by your punishments all such as weare and vse them as brigands and cut-throates On the other part eschew the other extremitie in lightlying and contemning your Nobilitie Remember howe that errour brake the King my grand-fathers heart Plat. in 1. Al. in pol. 5. del Arist 2. oecom But consider that vertue followeth oftest noble blood the worthinesse of their antecessors craueth a reuerent regard to be had vnto them honour them therfore that are obedient to the law among them as Peeres and Fathers of your land the more frequently that your Court can bee garnished with them Zenâ— in Cyr. thinke it the more your honour acquainting and employing them in all your greatest affaires sen it is they must be your armes and executers of your lawes and so vse your selfe louinglie to the obedient and rigorously to the stubborne as may make the greatest of them to thinke that the chiefest point of their honour standeth in striuing with the meanest of the land in humilitie towards you and obedience to your Lawes beating euer in their eares that one of the principall points of seruice that ye craue of them is in their persons to practise and by their power to procure due obedience to the Law without the which no seruice they can make can be agreeable vnto you But the greatest hinderance to the execution of our Lawes in this countrie are these heritable Shirefdomes and Regalities Of Shirefdomes and Regalities which being in the hands of the great men do wracke the whole countrie For which I know no present remedie but by taking the sharper account of them in their Offices vsing all punishment against the slouthfull that the Law will permit and euer as they vaike for any offences committed by them Ar. 2. pol. dispone them neuer heritably againe preassing with time Laudable custome of England to draw it to the laudable custome of England which ye may the easilier doe being King of both as I hope in God ye shall And as to the third and last estate The third estate which is our Burghes for the small Barrones are but an inferiour part of the Nobilitie and of their estate they are composed of two sorts of men Merchants and Craftes-men either of these sorts being subiect to their owne infirmities The Merchants thinke the whole common-weale ordeined for making them vp and accounting it their lawfull gaine and trade The formes of Merchants to enrich themselues vpon the losse of all the rest of the people they transport from vs things necessarie bringing backe sometimes vnnecessary things and at other times nothing at all They buy for vs the worst wares and sell them at the dearest prices and albeit the victuals fall or rise of their prices according to the aboundance or skantnesse thereof yet the prices of their wares euer rise but neuerfall being as constant in that their euill custome as if it were a setled Law for them They are also the speciall cause of the corruption of the coyne transporting all our owne and bringing in forraine vpon what price they please to set on it For order putting to them put the good Lawes in execution that are already made anent these abuses but especially doe three things Establish honest diligent but few Searchers for many hands make slight worke and haue an honest and diligent Thesaurer to take count of them Pl. 2. de Rep. 8. 11. de leg Permit and allure forraine Merchants to trade here so shall ye haue best and best cheape wares not buying them at the third hand And set euery yeere downe a certaine price of all things considering first how it is in other countries and the price being set reasonably downe if the Merchants will not bring them home on the price cry forrainers free to bring them And because I haue made mention here of the coyne A duice anent the coyne make your money of fine Gold and Siluer causing the people be payed with substance and not abused with number so shall ye enrich the common-weale and haue a great treasure laid vp in store if ye fall in warres or in any straites For the making it baser will breed your commoditie but it is not to bee vsed but at a great necessitie And the Craftes-men thinke Of craftsmen Plat. 11. de leg we should be content with their worke how bad and deare soeuer it be and if they in any thing be controlled vp goeth the blew-blanket A good policie of England But for their part take example by ENGLAND how it hath flourished both in wealth and policie since the strangers Craftes-men came in among them Plat. 9. de leg Therefore not onely permit but allure strangers to come heere also taking as strait order for repressing the mutining of ours at them as was done in ENGLAND at their first in-bringing there But vnto one fault is all the common people of this Kingdome subiect A generall fault in the people as well burgh as land which is to iudge and speake rashly of their Prince Sal. in Iug. setting the Common-weale vpon foure props as wee call it euer wearying of the present estate and desirous
night or early the next morning About fiue of the clocke being Tuesday came the yonger Wright to my Chamber and tolde me that a Nobleman called the L. Mountegle saying Arise and come along to Essex house for I am going to call vp my L. of Northumberland saying withall The matter is discouered Goe backe M. Wright quoth I and learne what you can about Essex gate Shortly hee returned and said Surely all is lost for Lepton is got on horsebacke at Essex doore and as he parted he asked if their Lordships would haue any more with him and being answered No is rode fast vp Fleetstreete as hee can ride Goe you then quoth I to M. Percy for sure it is for him they seeke and bid him be gone I will stay and see the vttermost Then I went to the Court gates and found them straitly guarded so as no body could enter From thence I went downe towards the Parliament house and in the middle of Kings-street found the Guard standing that would not let me passe And as I returned I heard one say There is a Treason discouered in which the King and the Lords should haue beene blowen vp So then I was fully satisfied that all was knowen and went to the Stable where my gelding stood and rode into the countrey Master Catesby had appointed our meeting at Dunchurch but I could not ouertake them vntill I came to my brothers which was Wednesday night On Thursday wee tooke the Armour at my Lord Windsores and went that night to one Stephen Littletons house where the next day being Friday as I was early abroad to discouer my man came to me and said that an heauie mischance had seuered all the company for that M. Catesby M. Rookwood and M. Grant were burned with Gunpowder vpon which sight the rest dispersed Master Littleton wished me to flie and so would hee I told him I would first see the body of my friend and bury him whatsoeuer befell me When I came I found M. Catesby reasonable well Master Percy both the Wrights M. Rookwood and Master Grant I asked them what they resolued to doe they answered We meane here to die I said againe I would take such part as they did About eleuen of the clocke came the company to beset the house and as I walked into the court I was shot into the shoulder which lost me the vse of mine arme the next shot was the elder Wright stricken dead after him the yonger M. Wright and fourthly Ambrose Rookwood shot Then said M. Catesby to me standing before the doore they were to enter Stand by me Tom and we will die together Sir quoth I I haue lost the vse of my right arme and I feare that will cause me to be taken So as wee stood close together M. Catesby M. Percy and my selfe they two were shot as farre as I could guesse with one Bullet and then the company entred vpon me hurt me in the Belly with a Pike and gaue me other wounds vntill one came behinde and caught holde of both mine armes And so I remaine yours c. Commiss Notingham Suffolke Worcester Deuonshire Northampton Salisburie Marr Dunbar Popham Ed. Coke W. Waad The names of those that were first in the Treason and laboured in the Mine Esquires Robert Catesby Robert Winter Gentlemen Thomas Percy Thomas Winter John Wright Christopher Wright Guido Fawkes And Bates Catesbyes man Those that were made acquainted with it though not personally labouring in the Mine nor in the Cellar Euerard Digby Knight Esquires Ambrose Rookewood Francis Tresham John Grant Gent. Robert Keyes BVt here let vs leaue Fawkes in a lodging fit for such a guest and taking time to aduise vpon his conscience and turne our selues to that part of the Historie which concernes the fortune of the rest of his partakers in that abominable Treason The newes was no sooner spred abroad that morning which was vpon a Tuesday the 5. of Nouember and the first day designed for that Session of Parliament The newes I say of this so strange and vnlooked for accident was no sooner diuulged but some of those Conspiratours namely Winter and the two brothers of Wrights thought it high time for them to hasten out of the towne for Catesby was gone the night before and Percy at foure of the clocke in the morning the same day of the Discouerie and all of them held their course with more haste then good speed to Warwick Shire toward Couentry where the next day morning being Wednesday and about the same houre that Fawks was taken in Westminster one Graunt a gentleman hauing associated vnto him some others of his opinion all violent Papists and strong Recusants came to a Stable of one Benocke a rider of great Horses The taking of the horses out of the stable at Warwicke by Granut and others and hauing violently broken vp the same caried along with them all the great Horses that were therein to the number of seuen or eight belonging to diuers Noblemen and Gentlemen of that Countrey who had put them into the Riders hands to be made fit for ther seruice And so both that company of them which fledde out of London as also Graunt and his complices met all together at Dunchurch at Sir Euerard Digby his lodging the Tuesday at night after the discouerie of this treacherous Attempt The which Digby had likewise for his part appointed a match of hunting to haue beene hunted the next day The hunting match appointed by Sir Euerard Digby which was Wednesday though his mind was Nimrod-like vpon a farre other maner of hunting more bent vpon the blood of reasonable men then bruite beasts This company and hellish societie thus conuened finding their purpose discouered Their going into armes after the Plot discouered and their treacherie preuented did resolue to runne a desperate course and since they could not preuaile by so priuate a Blow to practise by a publike rebellion either to attaine to their Intents or at least to saue themselues in the throng of others And therefore gathering all the company they could vnto them and pretending the quarrell of Religion hauing intercepted such prouision of Armour Horses and Powder as the time could permit thought by running vp and downe the Countrey both to augment peece and peece their number dreaming to themselues that they had the vertue of a Snow-ball which being little at the first and tumbling downe from a great hill groweth to a great quantitie by encreasing it selfe with the Snow that it meeteth by the way and also that they beginning first this braue shewe in one part of the Countrey should by their Sympathy and example stirre vp and encourage the rest of their Religion in other parts of England to rise as they had done there But when they had gathered their force to the greatest Their number neuer aboue fourescore they came not to the number of fourescore and yet were they troubled all the houres of the
conclusion of all his examples The Cardinals paire of Martyrs weighed he reckoneth his two English Martyrs Moore and Roffensis who died for that one most weightie head of doctrine as he alledgeth refusing the Oath of Supremacie I must tell him that he hath not been well informed in some materiall points which doe very neerely concerne his two said Martyrs For it is cleare and apparantly to be prooued by diuers Records that they were both of them committed to the Tower about a yeere before either of them was called in question vpon their liues for the Popes Supremacie And that partly for their backwardnesse in the point of the establishment of the Kings succession whereunto the whole Realme had subscribed and partly for that one of them to wit Fisher had had his hand in the matter of the holy 8 Called Elizabeth Barton See the Act of Parliament maide of Kent hee being for his concealement of that false prophets abuse found guiltie of misprision of Treason And as these were the principall causes of their imprisonment the King resting secure of his Supremacie as the Realme stood then affected but especially troubled for setling the Crowne vpon the issue of his second mariage so was it easily to be conceiued that being thereupon discontented their humors were thereby made apt to draw them by degrees to further opposition against the King and his authoritie as indeede it fell out For in the time of their being in prison the Kings lawfull authoritie in cases Ecclesiasticall being published and promulged as well by a generall decree of the Clergie in their Synode as by an Acte of Parliament made thereupon they behaued themselues so peeuishly therein as the olde coales of the Kings anger being thereby raked vp of new they were againe brought in question as well for this one most weighty head of doctrine of the Pope his supremacy as for the matter of the Kings mariage and succession as by the confession of one of themselues euen Thomas Moore is euident For being condemned he vsed these words at the barre before the Lords Non ignoro cur me morti adiudicaueritis videlicet ob id Histor aliquet Martyrum nostri seculi Anno 1550. quòd nunquam voluerim assentiri in negotio matrimonij Regis That is I am not ignorant why you haue adiudged mee to death to wit for that I would neuer consent in the businesse of the new mariage of the King By which his owne confession it is plaine that this great martyr himselfe tooke the cause of his owne death to be onely for his being refractary to the King in this said matter of Marriage and Succession which is but a very fleshly cause of Martyrdome as I conceiue And as for Roffensis his fellow Martyr who could haue bene content to haue taken the Oath of the Kings Supremacie with a certaine modification which Moore refused as his imprisonment was neither onely nor principally for the cause of Supremacie so died hee but a halting and a singular Martyr or witnesse for that most weighty head of doctrine the whole Church of England going at that time in one current and streame as it were against him in that Argument diuers of them being of farre greater reputation for learning and sound iudgement then euer he was So as in this point we may well arme our selues with the Cardinals owne reason where he giueth amongst other notes of the trew Church Vniuersalitie for one wee hauing the generall and Catholique conclusion of the whole Church of England on our side in this case as appeareth by their booke set out by the whole Conuocation of England called The Institution of a Christian man the same matter being likewise very learnedly handled by diuers particular learned men of our Church as by Steuen Gardiner in his booke De vera obedientia with a Preface of Bishop Boners adioyning to it De summo absoluto Regis Imperio published by M. Bekinsaw De vera differentia Regiae Potestatis Ecclesiasticae Bishop Tonstals Sermon Bishop Longlands Sermon the letter of Tonstall to Cardinall Poole and diuers other both in English and Latine And if the bitternesse of Fishers discontentment had not bene fed with his dayly ambitious expectation of the Cardinals hat which came so neere as Calis before he lost his head to fill it with I haue great reason to doubt if he would haue constantly perseuered in induring his Martyrdome for that one most waighty head of doctrine And surely these two Captaines and ringleaders to Martyrdome were but ill followed by the rest of their countreymen for I can neuer reade of any after them being of any great accompt and that not many that euer sealed that weighty head of doctrine with their blood in England So as the trew causes of their first falling in trouble whereof I haue already made mention being rightly considered vpon the one part and vpon the other the scant number of witnesses that with their blood sealed it a point so greatly accompted of by our Cardinal there can but smal glory redound thereby to our English nation these onely two Enoch and Elias seruing for witnesses against our Antichristian doctrine And I am sure the Supremacie of Kings may The Supremacy of Kings sufficiently warranted by the Scriptures wil euer be better maintained by the word of God which must euer be the trew rule to discerne all waighty heads of doctrine by to be the trew and proper office of Christian Kings in their owne dominions then he will be euer able to maintaine his annihilating Kings and their authorities together with his base and vnreuerend speaches of them wherewith both his former great Volumes and his late Bookes against Venice are filled In the old Testament Kings were directly 1 2. Chron. 19.4 Gouernours ouer the Church within their Dominions 2 2. Sam. 5.6 purged their corruptions reformed their abuses brought the 3 1. Chron. 13.12 Arke to her resting place the King 4 2. Sam. 6.16 dancing before it 5 1. Chron. 28.6 built the Temple 6 2. Chron. 6. dedicated the same assisting in their owne persons to the sanctification thereof 7 2. King 22.11 made the Booke of the Law new-found to bee read to the people 8 Nehe. 9.38 Dauid Salomon renewed the Couenant betweene God and his people 9 2. King 18.4 bruised the brasen serpent in pieces which was set vp by the expresse commandement of God and was a figure of Christ destroyed 10 1. King 15.12 2. king 13.4 all Idoles and false gods made 11 2. Chron. 17.8 a publike reformation by a Commission of Secular men and Priests mixed for that purpose deposed 12 1. King 2.27 the high Priest and set vp another in his place and generally ordered euery thing belonging to the Church-gouernment their Titles and Prerogatiues giuen them by God agreeing to these their actions They are called the 13 2.
the spirituall Pastor of soules forsooth pulles the cloake of a poore sinner from his backe by violence or cuts his purse and thereby appropriates an other mans goods to his priuate vse It is to be obserued withall that when the Emperours were not of sufficient strength and Popes had power to beard and to braue Emperours then these Papall practises were first set on foot This Emperour notwithstanding turned head and peckt againe his Lieutenant entred Rome and Gregorie 3. successor to this Gregorie 2. was glad to honour the same Emperour with style and title of his Lord witnesse two seuerall Epistles of the said Gregorie 3. written to Boniface and subscribed in this forme Dat. 10. Cal. Decem Imperante Dom. pijssimo Augusto Leone à Deo coronato magno Imp. anno decimo Imperij eius Examp. 7. Dated the tenth alends of December In the raigne of our most pious and religious Lord Augustus Leo crowned of God the great Emperour in the tenth yeere of his raigne The L. Cardinall with no lesse abuse alleadgeth Pope Zacharie by whom the French as he affirmeth were absolued of the oath of all egiance wherein they stood bound to Childeric their King And for this instance he standeth vpon the testimonie of Paulus Aemilius and du Tillet a paire of late writers But by authors more neere that aage wherein Childeric raigned it is more trewly testified that it was a free and voluntarie act of the French onely asking the aduise of Pope Zacharie but requiring neither leaue nor absolution Ado Bishop of Vienna in his Chronicles hath it after this manner The French following the Counsell of Embassadors and of Pope Zachary elected Pepin their King and established him in the Kingdome Trithemius in his abridgement of Annals thus Childeric as one vnfit for gouernement was turned out of his Kingdome with common consent of the Estates and Peeres of the Realme so aduised by Zacharie Pope of Rome Godfridus of Viterbe in the 17. part of his Chronicle and Guauguin in the life of Pepin affirme the same And was it not an easie matter to worke Pepin by counsell to lay hold on the Kingdome when he could not be hindered from fastening on the Crowne and had already seizd it in effect howsoeuer he had not yet attained to the name of King Moreouer the rudenesse of that Nation then wanting knowledge and Schooles either of diuinitie or of Academicall sciences was a kind of spurre to make them runne for counsell ouer the mountaines which neuerthelesse in a cause of such nature they required not as necessary but onely as decent and for fashion sake The Popealso for his part was well appaied by this meanes to draw Pepin vnto his part as one that stood in some neede of his aide against the Lombards and the more because his Lord the Emperour of Constantinople was then brought so low that hee was not able to send him sufficient aide for the defence of his territories against his enemies But had Zacharie to deale plainely not stood vpon the respect of his owne commodity more then vpon the regard of Gods feare he would neuer haue giuen counsell vnto the seruant vnder the pretended colour of his Masters dull spirit so to turne rebell against his Master The Lawes prouide Gardians or ouerseers for such as are not well in their wits they neuer depriue and spoile them of their estate they punish crimes but not diseases and infirmities by nature Yea in France it is a very auncient custome when the King is troubled in his wits to establish a Regent who for the time of the Kings disability may beare the burden of the Kingdomes affaires So was the practise of that State in the case of Charles 6. when hee fell into a phrensie whom the Pope notwithstanding his most grieuous and sharpe fits neuer offered to degrade And to be short what reason what equity will beare the children to be punished for the fathers debilitie Yet such punishment was laid vpon Childerics whole race and house who by this practise were all disinherited of the Kingdome But shall wee now take some view of the L. Pag. 25. Cardinals excuse for this exemplarie fact The cause of Childerics deposing as the L. Cardinall saith did neerely concerne and touch Religion For Childerics imbecillity brought all France into danger to suffer a most wofull shipwracke of Christian religion vpon the barbarous and hostile inuasion of the Saracens Admit now this reason had beene of iust weight and value yet consideration should haue beene taken whether some one or other of that Royall stemme and of the Kings owne successors neerest of blood was not of better capacity to rule and mannage that mighty State The feare of vncertaine and accidentall mischiefe should not haue driuen them to flie vnto the certaine mischiefe of actuall and effectuall deposition They should rather haue set before their eies the example of Charles Martel this Pepins father who in a farre more eminent danger when the Saracens had already mastered and subdued a great part of France valiantly encountred and withall defeated the Saracens ruled the Kingdome vnder the title of Steward of the Kings house the principall Officer of the Crowne without affecting or aspiring to the Throne for all that great step of aduantage especially when the Saracens were quite broken and no longer dreadfull to the French Nation In our owne Scotland the sway of the Kingdome was in the hand of Walles during the time of Bruse his imprisonment in England who then was lawfull heire to the Crowne This Walles or Vallas had the whole power of the Kingdome at his becke and command His Edicts and ordinances to this day stand in full force By the deadly hatred of Bruse his mortall enemie it may be coniectured that he might haue bene prouoked and inflamed with desiré to trusse the Kingdome in his tallants And notwithstanding all these incitements he neuer assumed or vsurped other title to himselfe then of Gouernour or Administratour of the Kingdome The reason Hee had not beene brought vp in this new doctrine and late discipline whereby the Church is endowed with power to giue and to take away Crownes But now as the L. Cardinall would beare the world in hand the state of Kings is brought to a very dead lift The Pope forsooth must send his Physicians to know by way of inspection or some other course of Art whether the Kings braine be cract or sound and in case there be found any debilitie of wit and reason in the King then the Pope must remooue and translate the Crowne from the weaker braine to a stronger and for the acting of the stratageme the name of Religion must be pretended Ho these Heretikes begin to crawle in the Kingdome order must bee taken they bee not suffered by their multitudes and swarmes like locusts or caterpillers to pester and poison the whole Realme Or in a case of Matrimony thus Ho marriage is a Sacrament touch
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
any petitions or Grieuances to be deliuered obscurely or in the darke but openly and auowedly in your Publique house and there to be presented to the Speaker And as to the matter of your Grieuances I wish you here now to vnderstand me rightly And because I see many writing and noting I will craue your pardons to holde you a little longer by speaking the more distinctly for feare of mistaking First then I am not to finde fault that you informe your selues of the particular iust Grieuances of the people Nay I must tell you ye can neither be iust nor faithfull to me or to your Countreys that trust and imploy you if you doe it not For true Plaints proceede not from the persons imployed but from the Body represented which is the people And it may very well bee that many Directions and Commissions iustly giuen forth by me may be abused in the Execution thereof vpon the people and yet I neuer to receiue information except it come by your meanes at such a time as this is as in the case of Stephen Procter But I would wish you to be carefull to auoide three things in the matter of Grieuances First that you doe not meddle with the maine points of Gouernment that is my craft tractent fabrilia sabri to meddle with that were to lesson me I am now an old King for sixe and thirtie yeeres haue I gouerned in Scotland personally and now haue I accomplished my appâ—enticeship of seuen yeeres heere and seuen yeeres is a great time for a Kings experience in Gouernment Therefore there would not bee too many Phormios to teach Hannibal I must not be taught my Office Secondly I would not haue you meddle with such ancient Rights of mine as I haue receiued from my Predecessors possessing them More Maiorum such things I would bee sorie should bee accounted for Grieuances All nouelties are dangerous as well in a politique as in a naturall Body And therefore I would be loth to be quarrelled in my ancient Rights and possessions for that were to iudge mee vnworthy of that which my Predecessors had and left me And lastly I pray you beware to exhibite for Grieuance any thing that is established by a setled Law and whereunto as you haue already had a proofe you know I will neuer giue a plausible answere For it is an vndutifull part in Subiects to presse their King wherein they know before-hand he will refuse them Now if any Law or Statute be not conuenient let it be amended by Parliament but in the meane time terme it not a Grieuance for to be grieued with the Law is to be grieued with the King who is sworne to bee the Patron and mainteiner thereof But as all men are flesh and may erre in the execution of Lawes So may ye iustly make a Grieuance of any abuse of the Law distinguishing wisely betweene the faults of the person and the thing it selfe As for example Complaints may be made vnto you of the high Commissioners If so be trie the abuse and spare not to complaine vpon it but say not there shall be no Commission For that were to abridge the power that is in me and I will plainely tell you That something I haue with my selfe resolued annent that point which I meane euer to keepe except I see other great cause which is That in regard the high Commission is oâ— so high a nature from which there is no appellation to any other Court I haue thought good to restraine it onely to the two Archbishops where before it was common amongst a great part of the Bishops in England This Law I haue set to my selfe and therefore you may be assured that I will neuer finde fault with any man nor thinke him the more Puritane that will complaine to me out of Parliament aswell as in Parliament of any error in execution thereof so that hee prooue it Otherwise it were but a calumnie Onely I would bee loath that any man should grieue at the Commission it selfe as I haue already said Yee haue heard I am sure of the paines I tooke both in the causes of the Admiralty and of the Prohibitions If any man therefore will bring me any iust complaints vpon any matters of so high a nature as this is yee may assure your selues that I will not spare my labour in hearing it In faith you neuer had a more painefull King or that will be readier in his person to determine causes that are fit for his hearing And when euer any of you shall make experience of me in this point ye may be sure neuer to want accesse nor ye shall neuer come wrong to me in or out of Parliament And now to conclude this purpose of Grieuances I haue one generall grieuance to commend vnto you and that in the behalfe of the Countreys from whence ye come And this is to pray you to beware that your Grieuances sauour not of particular mens thoughts but of the generall griefes rising out of the mindes of the people and not out of the humor of the propounder And therefore I would wish you to take heede carefully and consider of the partie that propounds the grieuance for ye may if ye list easily discerne whether it bee his owne passion or the peoples griefe that makes him to speake for many a man will in your house propound a Grieuance out of his owne humour because peraduenture he accounts highly of that matter and yet the countrey that imployes him may perhaps either be of a contrary minde or at least little care for it As for example I assure you I can very well smell betweene a Petition that mooues from a generall Grieuance or such a one as comes from the spleene of some particular person either against Ecclesiasticall gouernment in generall or the person of any one Noble man or Commissioner in particular ANd now the third point remaines to bee spoken of which is the cause of my calling of this Parliament And in this I haue done but as I vse to doe in all my life which is to leaue mine owne errand hindmost It may bee you did wonder that I did not speake vnto you publikely at the beginning of this Session of Parliament to tell you the cause of your calling as I did if I bee rightly remembred in euery Session before But the trewth is that because I call you at this time for my particular Errand I thought it fitter to bee opened vnto you by my Treasurer who is my publike and most principall Officer in matters of that nature then that I should doe it my selfe for I confesse I am lesse naturally eloquent and haue greater cause to distrust mine elocution in matters of this nature then in any other thing I haue made my Treasurer already to giue you a very cleere and trew accompt both of my hauing and expenses A fauour I confesse that Kings doe seldome bestow vpon their Subiects in making them so particularly
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