Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	law_n	power_n	9,684	5	5.3760	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A02833	An aduertiseme[nt] to the subjects of Scotland of the fearfull dangers threatned to Christian states; and namely, to Great Britane, by the ambition of Spayne: with a contemplation, of the truest meanes, to oppose it. Also, diverse other treatises, touching the present estate of the kingdome of Scotland; verie necessarie to bee knowne, and considered, in this tyme: called, The first blast of the trumpet. Written by Peter Hay, of Naughton, in North-Britane.	Hay, Peter, gentleman of North-Britaine.	1627 (1627)	STC 12971; ESTC S118431	133,365	164

and nowrish the Seedes of Civill Sedition Farther say they it doeth procure to those who possess● chiefe Offices in perpetuitie too much Grandour and Authoritie it draweth away after it the Eyes and Dependance of the People and as it were stealeth a little of that Splendor that is due to the Royall Majestie and beeing in the Persons of great Subjectes prepareth the Way to Popularitie and Ambition Agayne they vvho reason agaynst the frequent change of Magistrates they vse that Argument vvhich the wittie Tyberius vsed vvhen his Friendes tolde him that he did continue Men in great Offices too long agaynst the Custome of that State hee sayde it vvas better for People to endure those vvho were al-readie satiate and full of their Blood meaning their Goods than vnder-ly the Hunger and Avarice of a new Entrant Nec enim parcit populis regnum breve With-all they say that the changeable Magistrate hath no Cowrage nor Boldnesse to administer Iustice but feareth the displeasure of Men being shortlie him-selfe to descend to a private Condition perhaps inferior to manie over whome hee is Iudge for the tyme So that betwixt these two Extremities one vvould thinke the Mid-way verie fitting to bee followed by prudent Princes vvhere they may neyther bee perpetuall nor much frequentlie changed vvhere they be only to the pleasure of the Prince and with-all made Syndicable and Censurable For certaynlie as all Men know vvho vnderstand Policie Histories there was never a Magistracie invented by Men that did ad more to the Vertue Increase and Stabilitie of a State than that of the Censor amongst the Romanes vvhen once a Yeare the Consuls the Senators the Generals the Knightes the Captaynes the Tribunes the Pretors the Questors all vvho had the meanest Intromission vvith the State did compeare tremble in presence of a Censor fearing Disgrace or Deposition from their Offices or Dignities The Spanyardes keepe in their Provinces of Italie an Image of this sort of Magistrate called by them Syndicator and so they doe in the State of Genua Of this they haue some shadow in England al-be-it not in the person of one Man by those who are called Their Court of Conscience And of this it seemeth that our Soveraigne King hath now erected an Image amongst vs if I be not misse-taken in establishing The Iudicatorie of Grievances Of the which Iudicatorie because Men doe dispute diversly as of a thing newe and vnknowne amongst vs I will shortlie consider two Circumstances which I trust shall serue some-what for our Information touching the Importance there-of First the Vse and Ende of it secondlie the Warrand and Auctoritie where-by it may be established For the first The Scope there-of is not onlie Politicke and Vertuous but of most Necessarie and Profitable Vse for the Common-wealth that is To purge the Land from devowring Cormorants and those who sucke the Blood of the People to wit Corruption of Iudges and Officers of State if anie be Extorsion of Seale-Keepers and Wryters to Seales exorbitant Vsurers Transporters of Coyne Detracters and Traducers of His Majesties Counsels and Actions all which being the Ground and Source of Publicke Povertie and Pillage are particularlie ordayned to vnder-ly this Iudicatorie And if there-with the Commission had bene also granted expresselie agaynst Transporters of Oxen Kyne and Sheepe whereby our Countrey is incredibly damnified and also agaynst all Prodigall and Profligate Persons who by Ryot of Lascivious and Distemperate Lyfe doe destroy their Patrimonie and there-with their Wyues and Children that such might bee punished according to the Custome amongst the ancient Greeks and Romanes then I say these beeing committed to the Censures of entire and intelligent Men there is no Policie that could more reallie yeeld manie Popular Comforts There is indeed a Generall Clause in this Commission vvhere-by His Majestie taketh Power to Him-selfe to referre there-vnto what-so-ever shall please Him agaynst the which wee seeme to take this Exception to say that this may import a Controlling Reduction of the Decreets of our Session if His Majestie would so a Practise thought too too extravagant and extraordinarie and yet this may be rather Mistaking than True Iudgement of those who thinke so vvhich I doe demonstrate in this manner We say there hath not beene neyther ought there to bee anie Appellation agaynst the Supreame Iudicatorie of our Session vnlesse it were ordayned by a Parliament this is our Exception but leaving the Hypothesis touching our Session I will take me in generall agaynst the Thesis it selfe to say thus farre That it is not onlie agaynst Christian Practise and Profession but agaynst Humanitie to holde That there should bee no Soveraigne Power aboue all ordinarie Iudges to soften and mittigate the Rigour of Lawes Quia summum jus summa injuria the Rigour of the Law is a Rigorous Oppression for Example A poore Man is found Yeare and Day at the King's Horne beside his knowledge perhaps for a naughtie matter of fiue or sixe Shillings Striveling where-by his Lyfe-Rent of such things as he hath falleth into the Hands of the Lord his Superiour who presentlie getteth before our Session a Declarator there-vpon in his Favours These Iudges cannot helpe this disstressed Partie because there is a Law standing agaynst him and they are sworne to the King who did place them to administrate Iustice according to the Law So manie such yea and more pittifull Cases doe daylie occurre before Ordinarie Iudges vvhere-in Conscience and Iustice stand in contrarie Tearmes that I need no more to exemplifie it The Iudges must giue way to Iustice and haue no power to mittigate yet no Man will deny that this kynd of Iustice is a grievous Oppression Here wee see a manifest Necessitie of Appellation to some Soveraigne Power who may dispense with Legall Rigour in Favours of weake and distressed Parties None can dispense with a Law but a Law-Giver No Subject is a Law-Giver Ergo No Subject may dispense with a jot of the Law except he haue Cōmission from Him who gaue the Law The power to moderate Legall Extremitie or to absolue from Lawes hath ever bene properlie annexed to that Soveraigne Majestie that gaue the Law in anie State whether that Soveraignitie was Popular or Princelie Before the Ejection of King Tarquinus by the Romanes it was annexed to the Royaltie as their Histories doe clearlie show After the Expulsion of their Kings that Soveraigne Majestie of giving Lawes vvas transferred to the People as wee may perceiue by the wordes vsed by the Senate when they did present anie Law to the People Quod bonum faustum felixque sit vobis Reipub. velitis jubeatis that is Ye will be pleased to authorize this Law which the Gods may grant may bee for the happinesse of your selues and of the Common-wealth And therefore vnto the People also as then the onlie Law-Givers was transferred the Power to dispense and absolue from Lawes and to that effect a

as wee see that the Consent of the World the Practise of all Ages these of our owne Nation doe giue to Kinges the Royall Priviledge of granting Grace and Remission from Lawes even where the LAW of GOD doeth ordayne Punishment by Death And the most temperate Christian Kings doe assume and exercise this Priviledge to pardon Persons Criminall for Slaughter at their owne pleasure It beeing so how much more ought the Royall Soveraignitie to haue this latter Appellation annexed vnto it from all Iudges and Causes Civill vvhere Legall Decreets are found to be hard and tyrannous Or if a King cannot bestowe this Grace vpon a distressed Subject to repledge him from the tyrannie of Law how can hee bee sayde to carrie in His Person a Soveraegne Power This Priviledge of a last Appellation in difficult Cases is not onelie proper to Soveraignitie but lykewyse a thing ever sought and challenged by Subjects as due vnto them to bee granted by their Kings Nero and Caligula Princes givē to private Laesciviousnesse they did for their owne Ease and Freedome from Effaires ordayne that no Appellation should be frō the Senate vnto them but yet the Romanes would never quyte that Benefite of a latter Refuge to their Emperours And if we shall try thinges well wee should find that the present Practise of almost all Christian Princes hath put Commissioners or Lieuetennants in their Place to exercise that Poynt of the Soveraigne Majestie for receiving of latter Appellations in Causes Compassionable as the foure Courts of Spayne to which as to the Royall Soveraignitie there are Appeales from all Iudges Their Syndicators in their Provinces abroad are instituted to the same end and that so profitablie that there is not in any Christian State a surer Means for mayntaynance of Peace Iustice amongst People The Chamber Imperiall in Germanie vvhere-vnto there are drylie Appellatious from all the Cities Dutc●ies Counties Baronies within the whole Empyre In England they haue their Court of Conscience for the same vse and ende So that I doe thinke for this Commission for Grievances here presenting the King His owne person to receiue these latter Appellations due to the Soveraignitie albeit it seeme to bee a newe Iudicatorie of late Invention yet it is not so because it was ever incorporate and inseparablie included in the Soveraigne Maiestie I trust we will all thinke that nothing is more agreeable with Pietie Good Conscience than the allowing of such Appellations from Legall Rigour and Extremitie neyther anie thing more becomming the Soveraignitie that GOD hath placed in Christian Kinges than to receiue and heare them since Iudges Ordinarie may not doe it in the nature of their Office being sworne to administrate Iustice in Legall tearmes wanting power to dispense with Lawes vnlesse that His Maiestie vvould grant to the Lords of our Session the same Commission and Power appoynting some of them for Lawe and others for Conscience and so consolidate both the Offices in one Alwayes if the King ought or may heare the Grievances of His Subjects as due vnto His Soveraignitie and if he may doe so much in His own person then there is no doubt but He may doe it by Commissioners and must doe so because of Remotenesse of Pla●e for our Ease and because of multitude of Effaires for His owne Ease I thinke it not amisse heere to declare how our Historiographer Buchanan treating of the Originall Election of our Colledge of Iustice vnder King Iames the fift hee did esteeme it a meere Tyrannie if no Appellation should bee there-from Quando Collegiam Iudicum sayeth hee in his fourteenth Booke Edinburgi constitutum fuisset tamen qui sperabatur eventus non est consecutus nam cum in Scotianullae pene sint leges praeter conventuum decreta eaque pleraque non in perpetuum sed in tempus facta judices●que quod in se est lationem legum impediant omnium civium bona quindecem hominum arbitrio sunt commissa quibus perpetua est potestas imperium plane tyrannicum that is to say When the Colledge of Iustice was planted and authorized at Edinburgh there did not follow there-on the good Events which were expected for there beeing no other Lawes in Scotland almost but Actes of Parliament and Iudges given so farre as lyeth in them to hinder the promulgation of Lawes the Lands Goods of all the Subjects were committed to the arbitriment of fifteene Men to whome was granted a perpetuall power and Authoritie playnlie tyrannous Now to proceede touching Ordinarie Magistrates As Lawes are not perpetuall so are not Magistrates everie-where nor at all tymes neyther is it absolutelie expedient or necessarie to be so albeit we must all confesse that it is not without great publicke detriment that old and faythfull Magistrates should be often changed yet the Current of States is so fluxable subject to so manie casuall Changes that very good Princes haue changed verie good Magistrates for verie good Causes Marc. Aurol going abroad through his Provinces to view and consider the Administration and Order of Iustice he did displace hang even of the best and speciall Magistrates because that hee vvould suffer no Man to beare Office in the Countrey where hee dwelt namelie a Great Man as if His Majestie should not permit a Noble-man inhabiting the North of Scotland to bee heritable Shyreffe or Lieuetennant there and respected there by that Meanes as a Prince Which kinde of doing as I vnderstand is observed thorow all Spaine where everie Iudge Ordinarie is a Stranger there where hee judgeth And oft-times as wee may reade into their Histories it hath beene acted by the Parliaments of France that two of one Familie should not bee of one Session and most sufficient Magistrates to haue beene remooved for that Respect and briefe there is no Question but Princes not onlie may change their Magistrates but doe often finde it verie good Policie to doe so being alwayes oblished to place into their Rowmes Men truelie sufficient for Knowledge and Sinceritie Plutarch a rare Man both for Morall and Statelie VVisdome saide against those who would establish perpetuall Magistrates Videmini aut non multi facere Magistratum aut non multos Magistratu dignos habere But I come to speake which appearinglie is not yet in Head of another Point of Reformation into our Seate of Iustice than the which there is nothing that would breede greater Solace to the whole Bodie of this Kingdome and would to GOD His Majestie should take it to Heart and bee truelie enformed of the Importance there-of And this is of the great numbers of Advocates who for their Commoditie Particular doe breed the longsomnesse of Processes that spoileth so manie good People and which manie good and great Kings haue endevoured to correct By this Abuse the Seate of Iustice is turned to bee a Sinke that draweth into it the greatest part of the Ritches of the Land and this aboue all

latter Appellation was ordayned to bee from the Senate it selfe vnto the People by the Law VALERIA which is sayd by Livius to be the Fundament Mayne Strength of the Popular Soveraignitie The Practise here-of we reade in the Case of Sergius Galba the Orator who being convinced of Lese-Majestie by Cato the Censor did appeale vnto the People had his Absolution from them Agayne when this Popular State of Rome was reduced in a Principa●tie by Caesar the Dictator the Mittigation of Lawes or Absolution there-from did returne and rest into the person of the Prince as we reade of Cicero pleading for Pardon to Ligarius at the Hands of Caesar When I pleade sayth he before other Iudges I speake not of Pardon to my Client but stand to my Defences That the Accusator is calumnious the Cryme forged by Envie the Witnesses infamous but beere sayeth hee I eraue Grace Quia poena Legi Gratia Principi debetur Agayne we reade in Contareno vpon the Venetian Governament that the first Law that was made for the establishment of that Republicke was for a last Appellation from all Iudges Ordinarie● vnto their Great Counsell into the which the Soveraigne Majestie was placed that State beeing Aristocraticke so that this Power to absolue or dispense from Lawes by a last Appellation hath ever beene incorporate in the Soveraignitie geaue Lawes as naturallie belonging there-so and inseparable from the same Thus there beeing a Necessitie which no man can deny of Appellation from Legall Rigour to some Soveraigne Power who may mittigate the same and that being proper to the Supreame Majestie of the State as I haue showed those haue led me vpon the second Circumstance touching the Commission of Grievances that is to speake of the Authoritie where-by it may bee established and whether or not His Majestie may doe so much by His Prerogatiue Royall without the Approbation of a Parliament added there-vnto And that I should not seeme to corrupt the Veritie of so Soveraigne a Point with Flatterie of the Prince or for feare of Subjects for the first I will confesse that I am not of the Opinion of Melancton who helde that those hard and imperious Practises of Kings objected by Samuell to the Israelites when they did demand a King to rule over them were the true and naturall Priviledges of the Soveraigne Majestie But I doe thinke that they were rather permitted Acts of GOD His Iudgement against a wicked and rebellious People for other-wayes Samuell being then their Supreame Prince him-selfe would not haue justified the vprightnesse of his Governament by saying Whose Oxe or whose Asse haue I taken If it had beene lawfull for him to take them as hee doeth there pronounce that the following Kings should take them Besides that the Text of Samuell in that place doeth not say that a King shall haue right To take their Sonnes Daughters and Fieldes and to employ them to his vse and service But onlie that it shall be the manner and fashion of doing of their Kings Neither doeth the Hebrew word Mishpat in that same place signifie a Right to doe but a Custome and Fashion of doing and therefore the greater part of the Learned holde it true which some Hebrewes haue written of Samuell that the Booke composed by him a part of the Priviledges and Prerogatiues of the Soveraignitie mentioned in his Text of the Scripture was suppressed and destroyed by the succeeding Kings for their greater Libertie to exercise the Artes of Tyrannie But whylst it is so yet wee are to vnderstand that there is nothing more sacred next vnto GOD in this World than Soveraigne Kings they are the LORD His Anointed they carrie His Image they holde the Charter of their Authoritie immediatelie of Him they are like vnto the highest Spheares receiving the first Influence and Emanation from GOD they are His Lieuetenents to command over all Men holding them-selues onlie of Him so respected of GOD that wee are commanded by the Spirit of GOD to obey Kings generallie without restriction whether they bee Good or Bad because they are of GOD if they bee good Hee hath ordained them for the Quyetnesse and Prosperitie of good People if they bee Bad Hee hath ordained them for the punishment of Wicked and rebellious People so farre that in my judgement wee can finde no lawfull Warrand for Subjects to dethrone the Bad more than the Best in which Respects it is most necessarie that we should rightlie know the Qualities of their Persons and Dignitie of their high Calling to the ende that wee may vnderstand what kynde of Obedience is due vnto them It is not ydle nor without great Reason sayd that Soveraigne Kings are lyke vnto GOD. There are in GOD manie thinges communicable to His Creatures His Iustice Mercie Veritie Loue Wisdome Providence of all which His Creatures doe in some degree participate Agayne there are in GOD thinges mierlie incommunicable to Creatures and which can never bee spoken of them but privatiuelie as His Omnipotencie Infinitie Eternitie and these are the proper Markes of the DEITIE that can never fall in anie Creature what-so-ever Even so there bee in Kinges vvho represent GOD on Earth diverse and manie thinges communicable to Subjects besides Honour and Ritches vvhich from Princes doe reflect and shyne vpon Subjects A Subject may resemble his Prince in some Proprieties both of Bodie Mynde but with-all in that also lyke vnto GOD they haue some inseparable Marks of Soveraignitie vvhich cannot be communicated to Subjects vvithout the over-throw or Laesion at least of their Majestie As for the first to bee Law-givers the Disputes and Decreets of their Counsels Sonates and Parliaments are but a dead Letter vnto the tyme that the Royall Word SCEPTER Signe or Seale doe giue Lyfe and Authoritie there-vnto Senatus decrevi● Rex jussit If this Point to giue Lawes were communicable vnto Subjects then Subjects also might dispense with Lawes so participate of the Soveraignitie Another inseparable Marke of Soveraigne Majestie is to decreet of Peace and Warre Counsels and Parliamentes may agitate the Prince onelie may resolue I grant indeed that in Christian Kingdomes vvhich holde more of Aristocracie than of Monarchie the things of Peace and Warre doe much depende vpon the Voyce of the Nobles but the Seale of Authoritie is onlie from the King A third Marke inseparable of Soveraignitie is the Institution or Deposition of chiefe Magistrates which by the fore-sayd Law Valeria was annexed to the Popular State as due to the Soveraigne Majestie then Popular And certaynlie here-in lyeth not onlie a conspicuous Marke of Soveraignitie but also a Mayne Poynt of the Fortitude and Strength of the same A fourth Marke of Soveraigne Majestie and which is of it selfe most Soveraigne incommunicable is this latter Appellation of Subjectes to their Soveraignes in the Cases of Legall Rigour from what-so-ever Iudge vvithout the which the light of Reason doth show to anie Man that there can bee no true Soveraignitie lyke

thinges doeth make so manie vnable to serue their Prince and Countrey These are the Men whom Cuiacius who knew them well did call Foecem vomitorium juris forensia pecora vulturesque togates the Dreg and Extrement of Lawes Confounders of Lawes Men who spue out their Braines in subtill Inventions to maske Lawes and make them of endlesse Dispute which is the reason why so manie of them doe possesse the Pallaces and Castels of their Clients This is an Abuse that the greatest of States haue beene by times forced to resent and goe about to reforme it The Ancients who were so contrarious to haue anie new sort of Imposts vpon their People they did for repressing of the noysome multitude of Advocates the wrackfull iniquitie of lingering Processes invent an Impost vpon everie Processe of Law even to the tenth part of the whole that Parties did pleade for as we reade in Festus Pompeius and Varro in his Bookes De Lingua Latina Diverse of the French Kinges namelie Lewis called Le Sainct who went into Africke against the Saracens hee did almost vtterlie extinguish this Trade of Advocation and did appoint as well Disputers as Hearers and Iudges of Processes who were not Mercenarie And hee him-selfe gaue ordinarie Audience to Causes in Pallaces and Gardens at certaine affixed Houres to that vse so did hee hate the Cavalli● as he did contemptuouslie call them of Advocates It was for manie Ages in France acted and observed for stopping of this Streame of Iniquitie and Spoile that commeth vnder Pretext and Name of Law that who did lose the Processe should pay the whole Charges and Expenses made by the Partie Gainer during the Pley This indeede seemeth to bee hard and rigorous and yet say these who stand for it that being compared with the other Extreame that is to say with this Insolence and Libertie of Advocates to make Lawes and Processes to bee endlesse it is the most easie and tollerable of the two and ten times more tollerable for why it should but restraine this foolish Frequencie of the Lawes and constraine Parties to more Friendlie Appointments of their Controversies at Home For Example if His Maiestie should make a Law by advice of His Parliament that all Processes vnder the availe of 10000 Marks should bee referred to so manie Noble-men or Barrons with so manie Church-men dwelling nearest vnto the Parties and that none should be heard to speake but the Partie him-selfe or his best informed Friends it were a great Reformation of this evill of Lawes And who doubteth but the Bodie of the People would gladlie embrace it for is there anie thing more ordinarie now than to see Men in the sute of a thousand Pounds spende as much perhaps before hee can haue it Againe wee reade of another Practise assayed in France for avoyding of this Inconvenient they had a kinde of Impost on their Subjects called Capitation Census where-by everie Man payed so much as for having libertie of a naturall Subject this they did abrogate as an Ignominious Exaction and in place there-of did erect an Impost vpon Lawyers Wryters and Superfluous Prodigalities as Parthian Furres Perfumes Fairding Cloath of Gold Indigo and such as these thinking that the most honourable and innocent Impost that could be layd vpon a People Wee reade againe into the lyfe of that famous Emanuel of Portugall of whom I spake before that hee was vvonderfullie given to this kinde of Reformation of the Evils and Abuses of Advocation Hee sent yearlie Visiters to all the Seats of Iustice with power to punish some vvith remoue all from their Places some vvith Mults of their Goods yea and with Death if the weightinesse of the matter of their Transgressions did merite so much He went about him-selfe to giue Personall Audiences Wee reade againe that in Rome vnder Pope Gregorie the tenth and Iohn the twentie one and Nicolaus the third it was intended and vrged by those Popes to eradicate and cast out that multitude of Advocates and Notars who as a noysome Vermine did gnaw the Bowels of their People but by reason of the brevitie of their lyues which as everie one knoweth doeth intercept manie good intended Policies there it tooke no Effect Againe in Switzerland Almanie and other Northerne Regions all Processes are decerned by deduction of Causes onelie by the Parties them-selues without anie Advocate at all In Venice their Supreame Seate of Civill Iustice called Quarantia consisting of 40 of the Nobilitie of Venice they doe sende out at ordinarie times of the Yeare a sort of Syndicators vvho goe to all the Iustice Seats through-out their Territories to censure their Proceedings and where they finde them to haue exceeded the short Dyet of Tyme appointed for decyding of Causes they doe remoue them and where they finde matter vvorthie of Appellation they bring it before the Quarartia where the Advocates get two severall Audiences everie of them to an Houre-Glasse and there is all Where-as heere our Advocates must haue not Houres nor Dayes nor Moneths nor Yeares but vvhole Ages if they please neither is there anie possibilitie of correcting this but by a Soveraigne and Absolute Misericord of His Majestie absolute I say even to take vpon himselfe● by his Regall Authoritie to breake downe that devowring Monster which they call the Order of their House consisting of so manie Steps and Degrees of Processe that it were better for a Meane Man to goe through the Fyre of Purgatorie than through these If His Majestie would weede foorth the most subtill Advocates and make them Iudges banish the most ignorant and employ to the Office of Advocation those of mid-ranke assigning vnto them so manie Dayes of Pleading without more As for Multiplication of Iudges it is rather profitable than perilous Quia multum aquae difficilius quam tantillum corrumpitur Et melius omnibus quam singulis creditur Et nemo omnes neminem unquam omnes fefellerunt Certaynlie without some Reformation of the Barre the Reformation of our Session for the vse of the Subjectes will bee without much perceiueable good If Reformation of things should bee by reducing of them to their first Institution doubtlesse the Foundation of our Session hath bene free from these multitudes of Advocates and as yet manie People doe liue vertuouslie and happilie where there be none permitted at all It were a notable Reformation if what Subiectes in Scotland doe employ this way to the mutuall over-throwe one of another it were saved and exacted for the service of the Common-wealth Alwayes to proceed for Reformation We reade in the French Histories that Lewis the eleventh finding manie Bayliries Shyreffships heritable annexed to the Houses and Successions of Great Men he did revoke and annull them making them not onlie changeable but Syndicable Of such wee haue great numbers in Scotland with verie great necessitie also of Reformation at least as is well knowne there beeing nothing more aliene

dwell but vpon his peculiar Heritages and spend the Rents belonging to him other-wise than by the publicke But the case is so farre altered that at this Time and in these latter Dayes Princes more by an Inspiration of private Favour or for to exercise the Libertie and vse of their Royall Prerogatiues than for anie knowne worth or Merite of Men haue even made them great as it were in imitation of the goodnesse of GOD who made Man of nothing Omne bonum sui diffusivum It is the nature of Goodnesse to diffuse and communicate it selfe even as GOD doeth other-wyse it cannot bee called Goodnesse The glorie of the Occean is more for the bountifull spreading of his Branches vpon the Face of the Earth than for his Greatnesse The stateliest Tree maketh the most statelie vmbrage Noble-men are the Shadowes of Kings as it is glorious for the Sonne to bee accompanied and followed with so manie bright Starres and Planets whose Bodies doe receiue the Beames of his Light and there-with doe beautifie the Heaven about him so are vvaiting Noble-men to Kings as Diamonds and Rubies planted about their Throne to receiue and reflect the Splendor of the Royall Majestie And yet whyles it is so we see that Christian Kings at the Acceptation of their Crownes doe giue their Oathes for Defence of Religion of Iustice and the Common-wealth and Preservation of that Publicke Dowayne vvhich the Common-wealth doeth present vnto Her Prince as a Dote or Tocher-Good to be saved for Her Mayntaynance and vvhere-of hee hath the onlie Vsu-Fruit and cannot alienate it but with her owne Consent and for some Extraordinarie service done to her or to the Prince vvho is her Head Extraordinarie I say because Services Ordinarie in the State haue annexed vnto them their Ordinarie Fees and Pensions Extraordinarie I call some Act of singular Valour for the Countrey agaynst a Common Enemie or some Hazard vnder-gone for safetie of the Prince his Lyfe Although the Patrimonie of the Crowne bee sacred yet such Services are to bee esteemed more sacred and Donations or Rewards for these are to stand inviolable for here are the Ods betwixt a Republicke and State Royall That the 〈◊〉 hath no Head Particular who should challenge the Priviledge of such Bountifulnesse or for vvhose sake it should bee granted for seldom●● doeth the Death of anie one Man what-so-ever breede any Commotion Crosse or Alteration to a Republicke Quia non moritur Respublica vvhere-as by the contrarie the Death of a good Prince and often tymes of an evill doeth shake the verie Foundations of a Kingdome vvhich made Caesar to say Non tam 〈◊〉 interest quam Reipub. quam diutissime vivam This maketh their Lyues to bee so precious and Sacro-sanct they being the verie Heart and Head of the Bodie of the Common-wealth So that to holde absolutely that no kynd of Services are remunerable with anie thing belonging to the Crowne it is not onlie to cast loose the Estates of the Nobilitie and Gentri● whose Houses everie where through Christendome haue bene made vp and erected by the Bountie of Kings for nominate and famous Services done to them or to their Countreyes but it were also to perill the Personall Securitie of Princes thē-selues when Men should see that a King could giue noght to one who should hazard or loose his Lyfe for his Safetie but that vvhich his Successour may recall it is to ●urbe the Royall Soveraignitie too farre And albeit the Extens of Majestie 's late Rev●cation did seeme so fearfull to vs at the first as if it had comprehended so much yet wee are still to remember vnder what a gracious and just Prince wee doe liue and to take it rather for a Warning Awaking of our Gratitude in his first Entrie and therefore I must here craue Pardon of all to call to mynd how often since I haue heard from Wyse and Sincere Men that a little more of Readinesse to doe him Service in the last Cōvention of our Estates had bene sufficient to disperse the chiefest Clowds of that Tempest I doe acknowledge that it is not licentiate to me nor tollerable in anie Private Subject to censure the Reverend and long approved Magistrates of this Kingdome neyther will I presume to doe so but onlie to expostulate and regrate with manie Good Men the infortunate Proceedour of that Counsell whereby neyther Prince nor People did receiue Contentment Whether wee should lay it vpon Mistakings possible to haue bene amongst the Lordes of those Commissions or vpon the Iealousies and Competences ordinarie to bee betwixt New and Olde States-Men at the Entrie of a King Or vpō the Basenesse of some Countrey-Commissioners whose Avaryce would not suffer thē to resent the Common Danger of this Yle as appertayned Or vpon a Popular Disgust Generall Feare conceived for Religion by reason of some Noble-men of contrarie Mynde employed from the Court about that Businesse Or lastlie vvhether vpon the Backwardnesse of this Tyme so disposed as it is to breed Distraction and Disturbance of the State Whatsoever was the Cause moving certaynlie the Debacts of that Convention vvere as appeareth Principia malorum speaking of Effects For vvas it then a right Tyme to answere Majestie 's Demaundes thus That a Convention could not goe higher in taxing the Countrey than a Parliament had done before At the last Parliament King IAMES had a Necessitie to sende Ambassadours abroad to negotiate Peace vvhich I confesse was a Graue and Great Cause for Subsidies but at this Convention Peace was given vp Warres begun and it stood vpon the Losse of Germanie and Invasion of Great Britane vvherevpon might haue ensued hastilie greater Damnage than of manie Taxations Or was it then Tyme to refuse the Mayntaynance during Warres of 2000 Men to keepe the Seas free and open for our Trafficke When wee shall reckon our Losses sustayned since by Sea-Traders by so manie Mariners wanting Employment at Home and by losing so faire a Commoditie as was this last Yeare for transporting our Corne● to profitable Markets in Neighbour Countreyes then wee shall decerne the Errour of that Convention Wee will say wee haue not beene accustomed to beare so great Charges a weake Argument Since it hath pleased GOD to change the Custome of our Fortune will wee contemne His Visitations and as senselesse Men bee carelesse of our Countrey Wee will say that our Countrey hath suffered manie Distresset by these late bad Yeares and by Sea-Misfortunes and I know it to bee so but must wee not for all that defend our Countrey And what if wee must not onlie maintaine two thousand Men but also fight our selues a thing which wee haue great reason daylie to expect And I will come to the most pricking Poi●t of all His Majestie 's Revocation hath discowraged vs. Where-vnto I answere by asking what more hath His Majestie done than anie Earle or Lord in Scotland doeth who after the death of his Father chargeth his Vassals