the Oath of Allegiance Doeth not his Holinesse by this meanes draw so much as in him lyeth persecution vpon the backes of my Papists as vpon rebels and expose their life as it were vpon the open stall to be sold at a very easie price All these examples either ioynt or seuerall are manifest and euident proofes that feare to draw mischiefe and persecution vpon the Church hath not barred the Popes from thundering against Emperours and Kings whensoeuer they conceiued any hope by their fulminations to aduance their greatnesse Last of all I referre the matter to the most possessed with preiudice euen the very aduersaries whether this doctrine by which people are trained vp in subiection vnto Infidel or hereticall Kings vntill the subiects be of sufficient strength to mate their Kings to expell their Kings and to depose them from their Kingdomes doth not incense the Turkish Emperours and other Infidell Princes to roote out all the Christians that drawe in their yoke as people that waite onely for a fit occasion to rebell and to take themselues ingaged for obedience to their Lords onely by constraint and seruile feare Let vs therefore now conclude with Ozius in that famous Epistle speaking to Constantius an Arrian heretike Apud Athanâ—in Eâ—â—st ad solitâ—â— vitam aâ—gentes As hee that by secret practise or open violence would bereaue thee of thy Empire should violate Gods ordinance so bee thou touched with feare least by vsurping authoritie ouer Church matters thou tumble not headlong into some hainous crime Where this holy Bishop hath not vouchsafed to insert and mention the L. Cardinals exception to wit the right of the Church alwaies excepted and saued when she shall be of sufficient strength to shake off the yoke of Emperours Neither speaks the same holy Bishop of priuate persons alone or men of some particular condition and calling but hee setteth downe a generall rule for all degrees neuer to impeach Imperiall Maiestie vpon any pretext whatsoeuer As his Lordships first reason drawne from weakenesse is exceeding weake so is that which the L. Cardinall takes vp in the next place The 2. reas Pag. 77. He telleth vs there is very great difference betweene Pagan Emperours and Christian Princes Pagan Emperours who neuer did homage to Christ who neuer were by their subiects receiued with condition to acknowledge perpetuall subiection vnto the Empire of Christ who neuer were bound by oath and mutuall contract betweene Prince and subiect Christian Princes who slide backe by Apostasie degenerate by Arrianisme or fall away by Mahometisme Touching the latter of these two as his Lordshippe saith If they shall as it were take an oath and make a vowe contrary to their first oath and vow made and taken when they were installed and contrary to the condition vnder which they receiued the Scepter of their Fathers if they withall shall turne persecutors of the Catholike religion touching these I say the L. Cardinal holds that without question they may bee remooued from their Kingdomes He telleth vs not by whom but euery where he meaneth by the Pope Touching Kings deposed by the Pope vnder pretence of stupidity as Childeric or of matrimoniall causes as Philip I. or for collating of benefices as Philip the Faire not one word By that point he easily glideth and shuffles it vp in silence for feare of distasting the Pope on the one side or his auditors on the other Now in alledging this reason his Lordship makes all the world a witnes that in deposing of Kings the Pope hath no eye of regard to the benefit and securitie of the Church For such Princes as neuer suckt other milke then that of Infidelitie and persecution of Religion are no lesse noisome and pernicious vermin to the Church then if they had sucked of the Churches breasts And as for the greatnesse of the sinne or offence it seemes to me there is very little difference in the matter For a Prince that neuer did sweare any religious obedience to Iesus Christ is bound no lesse to such obedience then if he had taken a solemne oath As the sonne that rebelliously stands vp against his father is in equall degree of sinne whether he hath sworne or not sworne obedience to his father because he is bound to such obedience not by any voluntarie contract or couenant but by the law of Nature The commaundement of God to kisse the Sonne whom the Father hath confirmed and ratified King of Kings doeth equally bind all Kings as well Pagans as Christians On the other side who denies who doubts that Constantius Emperour at his first steppe or entrance into the Empire did not sweare and bind himselfe by solemne vowe to keepe the rules and to maintaine the precepts of the Orthodox faith or that he did not receiue his fathers Empire vpon such condition This notwithstanding the Bishop of Rome pulled not Constantius from his Imperiall throne but Constantius remooued the Bishop of Rome from his Papall See And were it so that an oath taken by a King at his consecration and after violated is a sufficient cause for the Pope to depose an Apostate or hereticall Prince then by good consequence the Pope may in like sort depose a King who beeing neither dead in Apostasie nor sicke of Heresie doeth neglect onely the due administration of iustice to his loyall subiects For his oath taken at consecration importeth likewise that he shall minister iustice to his people A point wherein the holy Father is held short by the L. Cardinall who dares prescribe new lawes to the Pope and presumes to limit his fulnesse of power within certaine meeres and head-lands extending the Popes power only to the deposing of Christian Kings when they turne Apostats forsaking the Catholike faith and not such Princes as neuer breathed any thing but pure Paganisme and neuer serued vnder the colours of Iesus Christ Meane while his Lordship forgets that King Attabaliba was deposed by the Pope from his Kingdome of Peru and the said Kingdome was conferred vpon the King of Spaine though the said poore King of Peru neuer forsooke his heathen superstition and though the turning of him out of his terrestriall Kingdome was no way to conuert him vnto the faith of Christ Pag. 77. Yea his Lordship a little after telleth vs himselfe that Be the Turkes possession in the conquests that he maketh ouer Christians neuer so auncient yet by no long tract of time whatsoeuer can he gaine so much as a thumbes breadth of prescription that is to say the Turke for all that is but a disseisor one that violently and wilfully keeps an other man from his owne and by good right may be dispossessed of the same whereas notwithstanding the Turkish Emperours neuer fauoured nor sauoured Christianitie Let vs runne ouer the examples of Kings whom the Pope hath dared and presumed to depose and hardly will any one be found of whom it may be trewly auouched that he hath taken an oath
that must interprete but either cleare Law or solide reason But in Countreys where the formalitie of Law hath no place as in Denmarke which I may trewly report as hauing my selfe beene an eye-witnesse thereof all their State is gouerned onely by a written Law there is no Aduocate or Proctour admitted to plead onely the parties themselues plead their owne cause and then a man stands vp and reads the Law and there is an end for the very Law-booke it selfe is their onely Iudge Happy were all Kingdomes if they could be so But heere curious wits various conceits different actions and varietie of examples breed questions in Law And therefore when you heare the questions if they be plaine there is a plaine way in it selfe if they be such as are not plaine for mens inuentions dayly abound then are you to interprete according to common sense and draw a good and certaine Minor of naturall reason out of the Maior of direct Lawe and thereupon to make a right and trew Conclusion For though the Common Law be a mystery and skill best knowen vnto your selues yet if your interpretation be such as other men which haue Logicke and common sense vnderstand not the reason I will neuer trust such an Interpretation Remember also you are Iudges and not a Iudge and diuided into Benches which sheweth that what you doe that you should doe with aduice and deliberation not hastily and rashly before you well study the case and conferre together debating it duely not giuing single opinions per emendicata suffragia and so to giue your Iudgement as you will answer to God and me Now hauing spoken of your Office in generall I am next to come to the limits wherein you are to bound yourselues which likewise are three First Incroach not vpon the Prerogatiue of the Crowne If there fall out a question that concernes my Prerogatiue or mystery of State deale not with it till you consult with the King or his Councell or both for they are transcendent matters and must not be sliberely caried with ouer-rash wilfulnesse for so may you wound the King through the sides of a priuate person and this I commend vnto your speciall care as some of you of late haue done very well to blunt the sharpe edge and vaine popular humour of some Lawyers at the Barre that thinke they are not eloquent and bold spirited enough except they meddle with the Kings Prerogatiue But doe not you suffer this for certainely if this liberty be suffered the Kings Prerogatiue the Crowne and I shall bee as much wounded by their pleading as if you resolued what they disputed That which concernes the mysterie of the Kings power is not lawfull to be disputed for that is to wade into the weakenesse of Princes and to take away the mysticall reuerence that belongs vnto them that sit in the Throne of God Secondly That you keepe yourselues within your owne Benches not to inuade other Iurisdictions which is vnfit and an vnlawful thing In this I must inlarge my selfe Besides the Courts of Common Law there is the Court of Requests the Admiraltie Court the Court of the President and Councell of Walles the President and Councell of the North High Commission Courts euery Bishop in his owne Court These Courts ought to keepe their owne limits and boundes of their Commission and Instructions according to the ancient Presidents And like as I declare that my pleasure is that euery of these shall keepe their owne limits and boundes So the Courts of Common Lawe are not to encroach vpon them no more then it is my pleasure that they should encroach vpon the Common Law And this is a thing Regall and proper to a King to keepe euery Court within his owne bounds In Westminster Hall there are foure Courts Two that handle causes Ciuill which are the Common-pleas and the Exchequer Two that determine causes Criminall which are the Kings-Bench and the Starre-Chamber where now I sit The Common-Pleas is a part and branch of the Kings-Bench for it was first all one Court and then the Common-Pleas being extracted it was called Common-Pleas because it medled with the Pleas of Priuate persons and that which remained the Kings-Bench The other of the Courts for ciuill Causes is the Exchequer which was ordeined for the Kings Reuenew That is the principall Institution of that Court and ought to be their chiefe studie and as other things come orderly thither by occasion of the former they may be handled and Iustice there administred Keepe you therefore all in your owne bounds and for my part I desire you to giue me no more right in my priuate Prerogatiue then you giue to any Subiect and therein I will be acquiescent As for the absolute Prerogatiue of the Crowne that is no Subiect for the tongue of a Lawyer nor is lawfull to be disputed It is Athiesme and blasphemie to dispute what God can doe good Christians content themselues with his will reuealed in his word so it is presumption and high contempt in a Subiect to dispute what a King can doe or say that a King cannot doe this or that but rest in that which is the Kings reuealed will in his Law The Kings-Bench is the principall Court for criminall causes and in some respects it deales with Ciuill causes Then is there a Chancerie Court this is a Court of Equitie and hath power to deale likewise in Ciuill causes It is called the dispenser of the Kings Conscience following alwayes the intention of Law and Iustice not altering the Law not making that blacke which other Courts made white nor è conuerso But in this it exceeds other Courts mixing Mercie with Iustice where other Courts proceed onely according to the strict rules of Law And where the rigour of the Law in many cases will vndoe a Subiect there the Chancerie tempers the Law with equitie and so mixeth Mercy with Iustice as it preserues men from destruction And thus as before I told you is the Kings Throne established by Mercy and Iustice The Chancerie is vndependant of any other Court and is onely vnder the King There it is written Teste meipso from that Court there is no Appeale And as I am bound in my Conscience to maintaine euery Courts Iurisdiction so especially this and not suffer it to sustaine wrong yet so to maintaine it as to keepe it within the owne limits and free from corruption My Chancellour that now is I found him Keeper of the Seale the same place in substance although I gaue him the Stile of Chancellour and God hath kept him in it till now and I pray God he may hold it long and so I hope he will He will beare mee witnesse I neuer gaue him other warrant then to goe on in his Court according to Presidents warranted by Law in the time of the best gouerning Kings and most learned Chancellours These were the limits I gaue vnto him beyond the same limits he hath promised me he
500. yeeres the Church groned vnder the heauy burthen both of heathen Emperours and of hereticall Kings the Visigot Kings in Spaine and the Vandals in Affrica Of whose displeasure the Pope had small reason or cause to stand in any feare beeing so remote from their dominions and no way vnder the lee of their Soueraigntie But let vs come to see what aide the L. Cardinall hath amassed and piled together out of latter histories prouided wee still beare in mind that our question is not of popular tumults nor of the rebellion of subiects making insurrections out of their owne discontented spirits and braine-sicke humors nor of lawfull Excommunications nor of Canonicall censures and reprehensions but onely of a iuridicall sentence of deposition pronounced by the Pope as armed with ordinary and lawfull power to depose against a Soueraigne Prince Now then Exampl 1. pag. 18 Enag hist Eccles lib. 3. cap. 32. The L. Cardinall sets on and giues the first charge with Anastasius the Emperour whom Euphemius Patriarke of Constantinople would neuer acknowledge for Emperour that is to say would neuer consent he should be created Emperour by the helpe of his voice or suffrage except he would first subscribe to the Chalcedon Creed notwithstanding the great Empresse and Senate sought by violent courses and practises to make him yeeld And when afterward the said Emperour contrary to his oath taken played the relaps by falling into his former heresie and became a persecutor he was first admonished and then excommunicated by Symmachus Bishop of Rome To this the L. Cardinall addes that when the said Emperour was minded to choppe the poison of his hereticall assertions into the publique formes of diuine seruice then the people of Constantinople made an vproare against Anastasius their Emperour and one of his Commanders by force of armes constrained him to call backe certaine Bishops whom he had sent into banishment before In this first example the L. Cardinall by his good leaue neither comes close to the question nor falutes it a farre off Euphemius was not Bishop of Rome Anastasius was not deposed by Euphemius the Patriarch onely made no way to the creating of Anastasius The suddaine commotion of the base multitude makes nothing the rebellion of a Greeke Commaunder makes lesse for the authorizing of the Pope to depose a Soueraigne Prince The Greeke Emperour was excommunicated by Pope Symmachus who knowes whether that be trew or forged For the Pope himselfe is the onely witnesse here produced by the L. Cardinall vpon the point and who knowes not how false how suppositious the writings and Epistles of the auncient Popes are iustly esteemmed But graunt it a trewth yet Anasta sius excommunicated by Pope Symmachus is not Anastasius deposed by Pope Symmachus And to make a full answere I say further that excommunication denounced by a forraine Bishop againsta party not beeing within the limits of his iurisdiction or one of his owne flocke was not any barre to the party from the communion of the Church but onely a kind of publication that he the said Bishop in his particular would hold no further communion with any such party For proofe whereof I produce the Canons of the Councils held at Carthage In one of the said Canons it is thus prouided and ordained * Nomecan Affric Can. 77. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If any Bishop shall wilfully absent himselfe from the vsuall and accustomed Synodes let him not be admitted to the communion of other Churches but let him onely vse the benefit and libertie of his owne Church In an other of the same Canons thus * Can. 81. eiusd Nomo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If a Bishop shall insinuate himselfe to make a conuciance of his Monasterie and the ordering thereof vnto a Monke of any other Cloister let him be cut off let him be separated from the communion with other Churches and content himselfe to liue in the communion of his owne flocke In the same sense Hilarius Bishop of Poictiers excommunicated Liberius Bishop of Rome for subscribing to the Arrian Confession Anathematibi à me Liberi Faber in frag Hilarij In the same sense Iohn Bishop of Antioch excommunicated Caelestine of Rome and Cyrill of Alexandria Bishops for proceeding to sentence against Nestorius without staying his comming to answere in his owne cause In the same sense likewise Victor Bishop of Rome did cut off all the Bishops of the East not from the communion of their owne flocks but from communion with Victor and the Romane Church What resemblance what agreement what proportion betweene this course of excommunication and that way of vniust fulmination which the Popes of Rome haue vsurped against Kings Examp. 2. but yet certaine long courses of time after that auncient course And this may stand for a full answere likewise to the example of Clotharius This ancient King of the French fearing the censures of Pope Agapetus erected the Territorie of Yuetor vnto the title of a Kingdome by way of satisfaction for murdering of Gualter Lord of Yuetot For this example the L. Cardinall hath ransackt records of 900. yeeres antiquitie and vpward in which times it were no hard piece of worke to shew that Popes would not haue any hand nor so much as a finger in the affaires and acts of the French Kings Gregorie of Tours that liued in the same aage hath recorded many acts of excesse and violent iniuries done against Bishops by their Kings and namely against Praetextatus Bishop of Roan for any of which iniurious prankes then played the Bishop of Rome durst not reprooue the said Kings with due remonstrance But see heere the words of Gregorie himselfe to King Chilperic If any of vs O King shall swarue from the path of Iustice him hast thou power to punish But in case thou shalt at any time transgresse the lines of equitie who shall once touch thee with reproofe To thee wee speake but are neuer heeded and regarded except it be thy pleasure and bee thou not pleased who shall challenge thy greatnesse but hee that iustly challengeth to bee Iustice it selfe The good Bishop notwithstanding these humble remonstrances was but roughly entreated and packt into exile being banished into the Isle of Guernsay But I am not minded to make any deepe search or inquisition into the titles of the Lords of Yuetot whose honourable priuiledges and titles are the most honourable badges and cognizances of their Ancestours and of some remarkeable seruice done to the Crowne of France so farre I take them to differ from a satisfaction for sinne And for the purpose I onely affirme that were the credit of this historie beyond all exception yet makes it nothing to the present question Wherein the power of deposing and not of excommunicating supreme Kings is debated And suppose the King by Charter granted the said priuiledges for feare of Excommunication how is it prooued thereby that Pope Agapetus had lawfull and ordinary power to depriue him of
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
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
had altered it And this I speake to root out the conceit and misapprehension if it be in any heart that I would change damnifie vilifie or suppresse the Law of this Land GOD is my Iudge I neuer meant it And this confirmation I make before you all To this I ioyne the point of Iustice which I call Vnicuique suum tribuere All my Councell and Iudges dead and aliue can and could beare mee witnesse how vnpartiall I haue beene in declaring of Law And where it hath concerned mee in my owne inheritance I haue as willingly submitted my interest to the Lawe as any my Subiects could doe and it becomes mee so to doe to giue example to others much lesse then will I be partiall to others where I am not to my selfe And so resolue your selues Iustice with mee may bee moderated in point of clemencie for no Iustice can be without mercie But in matters of Iustice to giue euery man his owne to be blinde without eyes of partialitie This is my full resolution I vsed to say when I was in Scotland if any man mooued mee to delay Iustice that it was against the Office of a King so to doe But when any made suite to hasten Iustice I told them I had rather grant fourtie of these suits then one of the other This was alwayes my custome and shall be euer with Gods leaue Now what I haue spoken of Law and Iustice I meane by the Lawe kept in her owne bounds For I vnderstand the inheritance of the King and Subiects in this land must bee determined by the Common Law and that is by the Law set downe in our forefathers time expounded by learned men diuers times after in the declaratory Comments called Responsa Prudentum Or else by Statute Law set downe by Acte of Parliament as occasion serues By this I doe not seclude all other Lawes of England but this is the Law of inheritance in this Kingdome There is another Law of all Lawes free and supreame which is GODS LAVV And by this all Common and municipall Lawes must be gouerned And except they haue dependance vpon this Law they are vniust and vnlawfull When I speake of that Law I onely giue this touch That that Law in this Kingdome hath beene too much neglected and Churchmen too much had in contempt I must speake trewth Great men Lords Iudges and people of all degrees from the highest to the lowest haue too much contemned them And God will not blesse vs in our owne Lawes if wee doe not reuerence and obey GODS LAVV which cannot bee except the interpreters of it be respected and reuerenced And it is a signe of the latter dayes drawing on euen the contempt of the Church and of the Gouernours and Teachers thereof now in the Church of ENGLAND which I say in my Conscience of any Church that euer I read or knew of present or past is most pure and neerest the Primitiue and Apostolicall Church in Doctrine and Discipline and is sureliest founded vpon the word of God of any Church in Christendome Next vnto this Law is the Law of Nations which God forbid should bee barred and that for two causes One because it is a Law to satisfie Strangers which will not so well hold themselues satisfied with other municipall Lawes Another to satisfie our owne Subiects in matters of Piracie Marriage Wills and things of like nature That Law I diuide into Ciuil and Canon And this Law hath bene so much encroched vpon sithence my comming to the Crowne and so had in contempt that young men are discouraged from studying and the rest wearie of their liues that doe professe it and would be glad to seeke any other craft So speaking of the Common Law I meane the Common Law kept within her owne limits and not derogating from these other Lawes which by longer custome haue beene rooted here first the Law of GOD and his Church and next the Law Ciuill and Canon which in many cases cannot be wanting To conclude this charge which I giue my selfe I professe to maintaine all the points of mine Oath especially in Lawes and of Lawes especially the Common Law And as to maintaine it so to purge it for else it cannot bee maintained and especially to purge it from two corruptions Incertaintie and Noueltie Incertaintie is found in the Law it selfe wherein I will bee painefull to cleare it to the people and this is properly to bee done in Parliament by aduice of the Iudges The other corruption is introduced by the Iudges themselues by Nicities that are vsed where it may be said Ab initio non fuit sic Nothing in the world is more likely to be permanent to our eyes then yron or steele yet the rust corrupts it if it bee not kept cleane which sheweth nothing is permanent here in this world if it be not purged So I cannot discharge my conscience in maintaining the Lawes if I keepe them not cleane from corruption And now that I may bee like the Pastor that first takes the Sacrament himselfe and then giues it to the people So I haue first taken my owne charge vpon me before I giue you your Charge lest it might be said Turpe est doctori cùm culpa redarguit ipsum NOw my Lords the Iudges for your parts the Charge I haue to giue you consists likewise in three parts First in generall that you doe Iustice vprightly as you shall answere to GOD and mee For as I haue onely GOD to answere to and to expect punishment at his hands if I offend So you are to answere both to GOD and to mee and expect punishment at GODS hands and mine if you be found in fault Secondly to doe Iustice indifferently betweene Subiect and Subiect betweene King and Subiect without delay partialitie feare or bribery with stout and vpright hearts with cleane and vncorrupt hands When I bid you doe Iustice boldly yet I bid you doe it fearefully fearefully in this to vtter your owne conceites and not the trew meaning of the Law And remember you are no makers of Law but Interpretours of Law according to the trew sence thereof for your Office is Ius dicere and not Ius dare And that you are so farre from making Law that euen in the higher house of Parliament you haue no voyce in making of a Law but only to giue your aduice when you are required And though the Laws be in many places obscure and not so wel knowen to the multitude as to you and that there are many parts that come not into ordinary practise which are knowen to you because you can finde out the reason thereof by bookes and presidents yet know this that your interpretations must be alwayes subiect to common sense and reason For I will neuer trust any Interpretation that agreeth not with my common sense and reason and trew Logicke for Ratio est anima Legis in all humane Lawes without exception it must not be Sophistrie or straines of wit
crept into the Law and I haue it ready to bee considered of Looke to Plowdens Cases and your old Responsa prudentum if you finde it not there then ab initio non fuit sic I must say with CHRIST Away with the new polygamie and maintaine the ancient Law pure and vndefiled as it was before TO the Auditory I haue but little to say yet that little will not bee ill bestowed to be said at this time Since I haue now renewed and confirmed my resolution to maintaine my Oath the Law and Iustice of the Land So doe I expect that you my Subiects doe submit your selues as you ought to the obseruance of that Law And as I haue diuided the two former parts of my Charge So will I diuide this your submission into three parts for orderly diuisions and methode cause things better to be remembred First in generall that you giue due reuerence to the Law and this generall diuides it selfe into three First not to sue but vpon iust cause Secondly beeing sued and Iudgement passed against you Acquiesce in the Iudgement and doe not tumultuate against it and take example from mee whom you haue heard here protest that when euer any Decree shall be giuen against me in my priuate right betweene me and a Subiect I will as humbly acquiesce as the meanest man in the Land Imitate me in this for in euery Plea there are two parties and Iudgement can be but for one and against the other so one must alwayes be displeased Thirdly doe not complaine and importune mee against Iudgements for I hold this Paradoxe to bee a good rule in Gouernment that it is better for a King to maintaine an vniust Decree then to question euery Decree and Iudgement after the giuing of a sentence for then Suites shall neuer haue end Therefore as you come gaping to the Law for Iustice so bee satisfied and contented when Iudgement is past against you and trouble not mee but if you finde briberie or corruption then come boldly but when I say boldly beware of comming to complaine except you bee very sure to prooue the iustice of your cause Otherwise looke for Lex Talionis to bee executed vpon you for your accusing of an vpright Iudge deserues double punishment in that you seeke to lay infamie vpon a worthy person of that reuerent calling And be not tild on with your own Lawyers tales that say the cause is iust for their owne gaine but beleeue the Iudges that haue no hire but of me Secondly in your Pleas presume not to meddle with things against the Kings Prerogatiue or Honour Some Gentlemen of late haue beene too bold this wayes If you vse it the Iudges will punish you and if they suffer it I must punish both them and you Plead not vpon new Puritanicall straines that make all things popular but keepe you within the ancient Limits of Pleas. Thirdly make not many changes from Court to Court for hee that changeth Courts shewes to mistrust the iustnesse of the cause Goe to the right place and the Court that is proper for your cause change not thence and submit your selues to the Iudgement giuen there Thus hauing finished the Charge to my selfe the Iudges and the Auditorie I am to craue your pardon if I haue forgotten any thing or beene inforced to breake my Methode for you must remember I come not hither with a written Sermon I haue no Bookes to reade it out of and a long speach manifold businesse and a little leasure may well pleade pardon for any fault of memorie and trewly I know not if I haue forgotten any thing or not And now haue I deliuered First my excuse why I came not till now Next the reasons why I came now Thirdly my charge and that to my selfe to you my Lords the Iudges and to the Auditory I haue also an ordinary charge that I vse to deliuer to the Iudges before my Councell when they goe their Circuits and seeing I am come to this place you shall haue that also and so I will make the old saying trew Combe seldome combesore I meane by my long deteining you at this time which will bee so much the more profitable in this Auditorie because a number of the Auditorie will be informed here who may relate it to their fellow Iustices in the countrey My Lords the Iudges you know very well that as you are Iudges with mee when you sit here so are you Iudges vnder mee and my Substitutes in the Circuits where you are Iudges Itinerant to doe Iustice to my people It is an ancient and laudable custome in this Kingdome that the Iudges goe thorow the Kingdome in Circuits easing the people thereby of great charges who must otherwise come from all the remote parts of the Kingdome to Westminster Hall for the finding out and punishing of offences past and preuenting the occasion or offences that may arise I can giue you no other charge in effect but onely to remember you againe of the same in substance which I deliuered to you this time Twelue-moneth First Remember that when you goe your Circuits you goe not onely to punish-and preuent offences but you are to take care for the good gouernment in generall of the parts where you trauell as well as to doe Iustice in particular betwixt party and party in causes criminall and ciuill You haue charges to giue to Iustices of peace that they doe their dueties when you are absent aswell as present Take an accompt of them and report their seruice to me at your returne As none of you will hold it sufficient to giue a charge except in taking the accompt you finde the fruit of it So I say to you it will not bee sufficient for you to heare my charge if at your returne you bring not an accompt to the haruest of my sowing which cannot be done in generall but in making to me a particular report what you haue done For a King hath two Offices First to direct things to be done Secondly to take an accompt how they are fulfilled for what is it the better for me to direct as an Angel if I take not accompt of your doings I know not whether misunderstanding or slacknesse bred this that I had no accompt but in generall of that I gaue you in particular in charge the last yeere Therefore I now charge you againe that at your next returne you repaire to my Chancellour and bring your accompts to him in writing of those things which in particular I haue giuen you in charge And then when I haue seene your accompts as occasion shall serue it may bee I will call for some of you to be informed of the state of that part of the countrey where your Circuit lay Of these two parts of your seruice I know the ordinary Legall part of Nisi prius is the more profitable to you But the other part of Iustice is more necessary for my seruice Therefore as CHRIST said to the
victuals and fewel that must be for such a multitude of people And these buildings serue likewise to harbour the worst sort of people as Alehouses and Cottages doe I remember that before Christmas was Twelue-moneth I made a Proclamation for this cause That all Gentlemen of qualitie should depart to their owne countreys and houses to maintaine Hospitalitie amongst their neighbours which was equiuocally taken by some as that it was meant onely for that Christmas But my will and meaning was and here I declare that my meaning was that it should alwayes continue One of the greatest causes of all Gentlemens desire that haue no calling or errand to dwell in London is apparently the pride of the women For if they bee wiues then their husbands and if they be maydes then their fathers must bring them vp to London because the new fashion is to bee had no where but in London and here if they be vnmarried they marre their marriages and if they be married they loose their reputations and rob their husbands purses It is the fashion of Italy especially of Naples which is one of the richest parts of it that all the Gentry dwell in the principall Townes and so the whole countrey is emptie Euen so now in England all the countrey is gotten into London so as with time England will onely be London and the whole countrey be left waste For as wee now doe imitate the French fashion in fashion of Clothes and Lackeys to follow euery man So haue wee got vp the Italian fashion in liuing miserably in our houses and dwelling all in the Citie but let vs in Gods Name leaue these idle forreine toyes and keepe the old fashion of England For it was wont to be the honour and reputation of the English Nobilitie and Gentry to liue in the countrey and keepe hospitalitie for which we were famous aboue all the countreys in the world which wee may the better doe hauing a soile abundantly fertile to liue in And now out of my owne mouth I declare vnto you which being in this place is equall to a Proclamation which I intend likewise shortly hereafter to haue publikely proclaimed that the Courtiers Citizens and Lawyers and those that belong vnto them and others as haue Pleas in Terme time are onely necessary persons to remaine about this Citie others must get them into the Countrey For beside the hauing of the countrey desolate when the Gentrie dwell thus in London diuers other mischiefes arise vpon it First if insurrections should fall out as was lately seene by the Leuellers gathering together what order can bee taken with it when the countrey is vnfurnished of Gentlemen to take order with it Next the poore want reliefe for fault of the Gentlemens hospitalitie at home Thirdly my seruice is neglected and the good gouernment of the countrey for lacke of the principall Gentlemens presence that should performe it And lastly the Gentlemen lose their owne thrift for lacke of their owne presence in seeing to their owne businesse at home Therefore as euery fish liues in his owne place some in the fresh some in the salt some in the mud so let euery one liue in his owne place some at Court some in the Citie some in the Countrey specially at Festiuall times as Christmas and Easter and the rest And for the decrease of new Buildings heere I would haue the builders restrained and committed to prison and if the builders cannot be found then the workemen to be imprisoned and not this onely but likewise the buildings to bee cast downe I meane such buildings as may be ouerthrowen without inconuenience and therefore that to be done by order and direction There may be many other abuses that I know not of take you care my Lords the Iudges of these and of all other for it is your part to looke vnto them I heare say robbery begins to abound more then heretofore and that some of you are too mercifull I pray you remember that mercy is the Kings not yours and you are to doe Iustice where trew cause is And take this for a rule of Policie That what vice most abounds in a Common-wealth that must be most seuerely punished for that is trew gouernment And now I will conclude my Speach with GOD as I began First that in all your behauiours aswell in your Circuits as in your Benches you giue due reuerence to GOD I meane let not the Church nor Church-men bee disgraced in your Charges nor Papists nor Puritanes countenanced Countenance and encourage the good Church-men and teach the people by your example to reuerence them for if they be good they are worthy of double honour for their Office sake if they be faultie it is not your place to admonish them they haue another Forum to answere to for their misbehauiour Next procure reuerence to the King and the Law enforme my people trewly of mee how zealous I am for Religion how I desire Law may bee maintained and flourish that euery Court should haue his owne Iurisdiction that euery Subiect should submit himselfe to Law So may you liue a happie people vnder a iust KING freely enioying the fruite of PEACE and IVSTICE as such a people should doe Now I confesse it is but a Tandem aliquando as they say in the Schooles that I am come hither Yet though this bee the first it shall not with the grace of GOD bee the last time of my comming now my choice is taken away for hauing once bene here a meaner occasion may bring mee againe And I hope I haue euer caried my selfe so and by GODS grace euer will as none will euer suspect that my comming here will be to any partiall end for I will euer bee carefull in point of Iustice to keepe my selfe vnspotted all the dayes of my life And vpon this my generall protestation I hope the world will know that I came hither this day to maintaine the Law and doe Iustice according to my Oath IMPRINTED AT LONDON BY ROBERT BARKER AND IOHN BILL PRINTERS TO THE KINGS MOST EXCELLENT MAIESTIE ANNO DOM. 1616. Cum Priuilegio
World euen our Aduersaries as Moses said being Iudges And praysed be GOD the present time passeth a long with the like felicity and much more Securitie for let me recount a little for the Glory of GOD and encouragement of his Maiestie to goe on in his happie Course begunne the Blessings of GOD we receiue by him And then let our Aduersaries tell vs whether we be a miserable People or no as some of late haue gone about to perswade vs. Neither doe J stand in feare of any mans reprehension for J will speake nothing but trewth and I haue my President from GOD his owne Booke wherein the good Actes of euery good King are to their eternall praises trewly recounted First to beginne with Religion as the Generall to the Armie Of all Gods Blessings wee haue it without any alteration or change contynued vnto vs. His Maiesties first Care was for the Confirmation of the Gospell for at his Maiesties first comming in who knowes not the endeauours of men to haue made a change either to the Papists or to the Puritanes His Maiestie therefore to quiet the State and Peace of the Church called a Conference at Hampton-Court where passing ouer the one as being neuer in his heart to giue the least way vnto He so tempered the other as the Harmony hath bene the better euer since The Religion thus ratified His Maiesties next Care was for the Translation of the Bible it being the ground of our Religion His Maiestie was desirous his People should haue it in as much perfection as the Jndustrie and Labors of the best Learned were able to afford it them Hauing done what was necessary for the Spirituall part of the Church his Maiestie tooke into consideration the Temporal State thereof No sooner came the Parliament but finding what spoile had bene made of the Lands thereof in the tyme of his Predecessors by a libertie they had to take the Landes of the Church for a longer Terme then others could doe Cut himselfe off from that libertie and equalled himselfe to a common person in the taking of any State in the Churches Landes When his Maiestie had done this in England he looked backe into Scotland and reforming the State of the Church there as farre as in his Princely-Wisedome he thought conuenient for the time restored the Bishops there as to their Spirituall Keies so to their temporall Estates though it were to the great losse and dammage of his owne Reuennue and Crowne From Scotland his Maiestie came to Ireland that forlorne Kingdome both for Temporall and Spiritual estate till be looked into it There his Maiestie hath reduced the Bishoppricks not only to their old Rents but added vnto them many new Reuennues so that many places there are answerable to the best Liuings here Neither hath his Care bene onely on these high places of the Church but hath descended to the lowest in the same hauing both protected the Benefices from being raysed to any higher Taxe and hindred all courses that might giue his Cleargie molestation or trouble His Maiesties Bountie hath not bene wanting to Colledges and Hospitalls hauing parted with his owne Tenures to giue them power of larger Indowments whereby there hath bene works of more sumptuousnes and cost done in his Maiesties time then there hath bene in any one aage before J may not forget one thing that since his Maiesties comming to this Crowne he hath neuer put into his Coffers the meane proffitts of any Ecclesiasticall liuing but hath bene a Fidus-Depositarius and euer giuen them to the next Jncumbent Let me descend a little from these workes of Piety to Peace Neuer hath there bene so vniuersall a Peace in Christendome since the time of our Sauiour Christ as in these his Dayes And I dare say as much if not more by the procurement of his Maiestie then by any other earthly meanes in this world A Peace to let forraigne partes passe so entertayned at home that in his Maiesties three Kingdomes apt enough by constitution and not vnaccustomed by practise to be at variance there hath bene no Ciuill dissension at all With Peace GOD hath giuen vs Plentie So that if Peace and Plenty haue not made vs too too wanton I know not what wee want Neither is there any crying out for lacke of Iustice in our Courtes for neuer was there Iustice administred with more liberty from the King nor more vprightnes from the Judges And yet in the free dispensation of Iustice Mercie did neuer more triumph If this bee to bee miserable J know not what on earth they call Happinesse GOD continue these still vnto vs and then let them call Happinesse what they please But I know wherefore all is miserable because there is no more Mercy shewed to their Catholiks J will put it as a Crowne vpon all his Maiesties Mercies There was neuer King that had so great a cause giuen him that euer tooke so little bloode extending his Mercy to all that were not personall workers in that Powder-Plot And before that you had hatched that Monster neither was the person or purse of any your reputed Catholicks touched And since that time you may doe well to complaine of your Miseries but the Church and Comonwealth both doe trauaile and groane vnder the burthen of your disobedience But the worst J wish you is that at length by his Maiesties long Patience you may bee drawne to Repentance for as we are come out from you lest we should bee partakers of your plagues so we pray for you that you may come in to vs that you may be participants of our felicities To Conclude this Preface GOD hath giuen vs a Solomon and GOD aboue all things gaue Solomon Wisedome Wisedome brought him peace Peace brought him Riches Riches gaue him Glory His wisedome appeared in his wordes and Workes his Peace he preserued by the power of his Army His riches he raysed as by his Reuennue so by the Trade of his Nauie His Glory did accrue from them all Now as in these GOD exalted him beyond all the Kings that euer were or should be after him So had he in other things Humiliations not farre behind the proportion of his Exaltations the fearefullest fall that the Scripture affords an Example of the most vnchast life and immoderate excesse of Women that we read of the weakest Posterity for Wisedome and Gouernment that we finde in all the Line of his Succession GOD would haue it so that he should no more be set out as a Type of the Glory of his owne Sonne in the felicity of his State one way then he would haue him proposed as a patterne of Humane frailty an other way Therefore though we may not approach him in his Typicall State yet GODS Name be blessed that hath giuen vs to goe farre beyond him in his personall Condition For we haue already blessed be GOD seene the Constancie and perseuerance of his Maiesty in his Holy Profession without any Eclipse or Shaddow of
the Father did pray and their blood did cry to heauen and craue at the hands of their Father a iust reuenge of their torments vpon the wicked and therewith a hastening of the generall dissolution for the deliuerie of their brethren who did remaine yet aliue 11 Then white robes were giuen to euery one of them and it was said vnto them and they were willed to rest and haue patience for a short space vnto the time the number of their fellow seruants to God and brethren companions in the Crosse were fulfilled who were also to be slaine as they were already This surely ought to be a wonderfull and inestimable comfort to all the Church militant since by this Seale wee are assured that both the soules of the Martyrs so soone as their bodies are killed shall immediatly be rewarded with perpetuall and bright glory in heauen not going into any other place by the way which is signified by the White robes as also that so soone as their number shall be complete which shall be within a short space God shall then craue a full account at their persecutors hands and then as the one number shall receiue a full and eternall glory in body and soule the other shall receiue a full torment in soule and body to the cleere shining of his Iustice in the one and his mercy in the other 12 Then I tooke heed when he opened the sixt and loe there was a great earthquake Matth. 24.29 and the Sunne-beame blacke like sackecloth made of haire and the Moone became all bloody 13 And the Starres fell from the heauens vpon the earth euen as the figgetree lets her vnripe figges fall being beaten by a mightie winde 14 And the heauen went away like a scrole that is rolled together and all the hilles and Iles were remooued from their places 15 And the Kings of the Earth the Nobles the rich men the Tribunes or commanders of the people the mighty men and all the slaues aswell as free-men did hide themselues in cauerns and vnder rockes of hills Luke 23.30 16 And they said to the hilles and the rocks Fall vpon vs and hide vs from the sight of him that sits vpon the Throne and from the wrath of the Lambe 17 For that great day of his wrath is come and who then may stand This is the accomplishment of that dissolution craued and promised in the fift Seale These terrible things mentioned in the sixt Seale are the alterations and signes in the last time the very same did our Master Christ prophesie when he was walking on this Earth CHAP. VII ARGVMENT A proper and comfortable digression interiected of Gods care ouer the Elect in the times of greatest temptations signified by the Visions of the foure Angels the Election and happie estate of the elected BVt lest I or any other should doubt of the safegard and saluation of the Elect thinking that these terrible plagues should haue lighted vpon both good and bad indifferently he represented vnto my sight foure Angels standing on the foure corners of the earth and retayning the foure winds in their hands and stopping them either to blow vpon the earth the sea or any tree 2 And I did see one Angel going vp from the rising of the Sunne hauing the Seale of the liuing God and hee cried with a loud voice to the foure Angels that had power giuen them to harme the earth and the sea 3 Saying Harme not the earth nor the sea nor the trees vntill we haue marked the seruants of God on the forehead These Angels foure in number because they sit vpon the foure corners of the earth ready to execute Gods iudgements vpon euery part of the World although they already had stayed the winds to blow to wit the progresse of the Euangel vpon the earth which is the world vpon the Sea which is the numbers of people vpon the Trees which are the Magistrates Ciuill or Ecclesiasticall Yet one Angel came from the rising of the Sunne to wit 2. Peter 1. Luke 1.7 Malach. 4. directed by CHRIST who is comfortable like the Sunne-rising to his Elect and is that Orient day-spring and Sunne of Righteousnes rising ouer all the faithfull which is mentioned in the Scriptures Who cries and forbids these foure Angels to doe any further temporall harme while first the chosen be sealed on the forehead by that Seale which he beares with him for that effect that these Angels might know them being marked in so eminent a place in the generall destruction and so spare them assuring vs thereby that he hath such a care ouer his Elect as he hath prouided for them before hand euen as he did for Noah and Loth and their families in the time of the deluge and destruction of Sodome 4 And I heard the number of them that were sealed in Israel reckoned to be one hundred fourtie and foure Thousand for twelue thousand were sealed of euery one of the Tribes which makes iustly that number Out of euery one of the Tribes was a certaine number chosen to assure vs that a number of euery one of them shal be saued 9 And that I might be assured that a number aswell of the Gentiles as of the Iewes shal be saued Loe he shewed me a number so great as I could not reckon the same and it was composed of certaine out of euery Nation Tribe people and tongue And they stood before the Throne and in presence of the Lambe clothed with white robes hauing palmes in their hands in token of the victorie they obteined of their longsome battaile 10 And they cried all with one voice saying Our health and our saluation commeth from our God that sits on the Throne and from his Lambe to wit their health came from God the Father by the Mediation of his Sonne 11 Then all the Angels stood round about the Throne the Elders and the foure beastes and bowed themselues downe vpon their faces and adored God with thankesgiuing for his mercy to the chosen both of Iew and Gentile and his Iustice vpon all the rest 12 Saying Amen in allowance of the things done with full confession that Blessing Glory Wisedome Thankesgiuing Honour Vertue and Power belongs only and most iustly to GOD for euer and euer 13 Then one of the Elders spake vnto me and said What are these and from whence are they come who are clothed with white robes 14 And I answered and said Thou knowest my Lord. Then he said vnto me These are they who are preserued and come from that great affliction which was represented to thee in some of the Seales and they haue washed their garments and made them white in the blood of the Lambe for they by vertue of his death are made righteous by imputation whose blood is the onely and full purgation of vs from our sinnes 15 And therefore they are before the Throne of GOD and serue him day and night in his Temple to wit they without any
wit the light of the trweth represented by the darkening of the Sunne and so in place of liuing vnder and by the true and cleare aire of the trueth the world shall liue vnder and by the bastard and darke aire of false doctrine 3 And out of this smoake came Grashoppers vpon the earth For this great blindnesse shall breed a multitude of diuers Orders of Ecclesiasticall persons as well Monkes and Friers as others but all agreeing in one hereticall Religion These are grashoppers because they breed of that filthy smoke of heresies euen as Grashoppers breed of corrupted aire they are euer teaching false doctrine with their mouth which carries with it as great destruction to the soules of men as the mouthes of Grashoppers doe to the greene grasse and herbs and the earth shal be ouerloaden with multitudes of them euen as Grashoppers sometimes come in great heapes and ouercharge the face of a whole countrey And like power was giuen to them as hath the earthly Scorpions for as the Scorpions sting is not felt sore at first and is long in working and impossible to be healed but by the oyle of a dead scorpion so the poysoning of the soule cannot be perceiued by the receiuer at the first but is long in operation for by peece and peece they infect the world with heresies and open not all their packe at first and the world shall neuer be freed from their heresies vnto the vtter destruction of these false teachers themselues 4 And it was said vnto them or they were forbidden to harme the grasse or any greene thing or any tree but onely these men that haue not the marke of God in their foreheads for though earthly Grashoppers when they swarme in heapes doe destroy all greene grasse or trees yet God shall so bridle the rage of these spirituall Grashoppers that they shall haue no power to peruert the Elect of whatsoeuer degree or sort compared to greene grasse and fruitful trees but their power shall extend onely vpon them that beare not the marke or Seale of God vpon their forehead and as withered and vnfruitfull sticks are ready for the fire 5 But they shall haue no power to slay them to wit they shall not discouer to the world their greatest blasphemies at the first as I said before but they shall torment them for the space of fiue moneths and their torment shal be like the torment that a man suffers being stinged by a scorpion to wit they shal by peece peece infect them with spirituall poison and as I haue said already they shall not feele the smart thereof while the second death make them to feele the same This torment shall endure fiue moneths that is the time limitted them by God which alludes to the fiue moneths in Summer when Grashoppers are This forme of speech doeth declare the continuing of the Metaphore 6 And in these daies men shal seeke death and shall not finde the same and men shall desire to die but death shall flie from them for then beginnes the troublesome times of the later dayes the miserie whereof I heard our Master while he was yet on the earth declare in these words that I haue now repeated 7 And the figure of these locusts was like vnto the horse prepared for the war to signifie that their forme of practise policie shal be so worldly wise that they shal lacke nothing perteyning to the setting forth of their intents more then a horse of seruice which is curiously barded feated and prepared for going forth to the battell And they had crownes like crownes of gold vpon their heads for they shall pretend to be holy like the Elders who for their reward gate Crownes of pure gold set vpon their heads as you heard before and so shall outwardly glance in an hypocriticall holinesse And their faces were like the faces of men and the faces of men signifie reason as man is a reasonable creature the likenesse then of their faces vnto men signifies that they shall by curious arguments pretend reason to maintaine their false doctrine but it shall be but a counterfait resembling of reason indeed euen as their crownes are like vnto gold but are not gold indeed 8 And they haue haire like the haire of women for as the haire of women is a speciall part of their alluring beautie so they haue such alluring heresies whereby they make the way of heauen so easie by their helpe to whomsoeuer how wicked soeuer they be that will vse the same as they allure them to commit spirituall adulterie with them And they haue teeth like Lions teeth for as the Lion is stronger in the mouth and so may doe greater harme with his teeth then any other beast so all these that will not be perswaded with their shewes prepared like horses for the warre with their crownes like crownes of gold with their faces like the faces of men nor with their haire like the haire of women they shall be persecuted by the power of their mouth to wit by their threatnings and thundering curses 9 And they had breast plates like breastplates of iron for they shall haue to backe this their authoritie the assistance of Princes whose maintayning of them shall appeare vnto the world strong as iron And the sound of their wings was like the sound of chariots running with many horses vnto the warre for as the grassehoppers make in the hot time of the yere the day a great sound with their wings so these shal be made so strong and fearefull by their brestplates like iron as what they being in the height of their day shall decree it shal haue such a maiestie and fearefulnes as the terrible noise of many horses and chariots hurling to battel 10 But they had tailes like the tailes of Scorpions and there were stings in their tailes for at their first dealing with any they appeare not harmeful to them that heare them and beleeue them but the effect and end of their practise is poison to the soule and thereafter their tailes are like vnto the tailes of Scorpions wherein is their sting And they had power to trouble and harme men the space of fiue moneths for as I shewed you before that they should torment men the space of fiue moneths to wit a certaine space appointed them so now I assure you to your comfort that as grassehoppers last but fiue moneths that are hottest so these shall be like vnto grassehoppers in that as well as in the rest for they shall remaine but for a certaine space prescribed and then shall be destroyed by the blast of Christs breath 11 They haue also a King but to rule ouer them who is the Angel of the bottomlesse pit and his name in Hebrew is Abaddon and in Greeke Apollyon for these by the permission of Gods iustice and working of Satan shall haue at the last a Monarch to be their head who shall be like vnto themselues the angel or messenger
your actions as farre as yee may eschewing euer wilfully and wittingly to contrare your conscience For a small sinne wilfully committed with a deliberate resolution to breake the bridle of conscience therein is farre more grieuous before God then a greater sinne committed in a suddaine passion when conscience is asleepe Last account Remember therefore in all your actions of the great account that yee are one day to make in all the dayes of your life euer learning to die and liuing euery day as it were your last Omnem crede diem tibi diluxisse supremum Horat. lib. 1. Epist And therefore I would not haue you to pray with the Papists to be preserued from suddaine death but that God would giue you grace so to liue as ye may euery houre of your life be ready for death so shall ye attaine to the vertue of trew fortitude neuer being afraid for the horrour of death Trew fortitude come when he list And especially beware to offend your conscience with vse of swearing or lying suppose but in iest for others are but an vse Foolish vse of oathes and a sinne cloathed with no delight nor gaine and therefore the more inexcusable euen in the sight of men and lying commeth also much of a vile vse which banisheth shame Therfore beware euen to deny the trewth which is a sort of lie that may best be eschewed by a person of your ranke For if any thing be asked at you that yee thinke not meete to reueale if yee say that question is not pertinent for them to aske who dare examine you further and vsing sometimes this answere both in trew and false things that shall be asked at you such vnmanerly people will neuer be the wiser thereof And for keeping your conscience sound from that sickenesse of superstition Against superstition yee must neither lay the safetie of your conscience vpon the credit of your owne conceits nor yet of other mens humors how great doctors of Diuinitie that euer they be but yee must onely ground it vpon the expresse Scripture for conscience not grounded vpon sure knowledge is either an ignorant fantasie or an arrogant vanitie Beware therefore in this case with two extremities the one to beleeue with the Papists the Churches authority better then your owne knowledge the other to leane with the Anabaptists to your owne conceits and dreamed reuelations But learne wisely to discerne betwixt points of saluation and indifferent things Difference of internall and externall things betwixt substance and ceremonies and betwixt the expresse commandement and will of God in his word and the inuention or ordinance of man since all that is necessarie for saluation is contained in the Scripture For in any thing that is expressely commanded or prohibited in the booke of God ye cannot be ouer precise euen in the least thing counting euery sinne not according to the light estimation and common vse of it in the world but as the booke of God counteth of it But as for all other things not contained in the Scripture spare not to vse or alter them as the necessitie of the time shall require Account of things externall And when any of the spirituall office-bearers in the Church speake vnto you any thing that is well warranted by the word reuerence and obey them as the heraulds of the most high God but if passing that bounds they vrge you to embrace any of their fantasies in the place of Gods word or would colour their particulars with a pretended zeale acknowledge them for no other then vaine men exceeding the bounds of their calling and according to your office grauely and with authoritie redact them in order againe To conclude then Conclusion both this purpose of conscience and the first part of this booke keepe God more sparingly in your mouth but abundantly in your heart be precise in effect but sociall in shew kythe more by your deedes then by your wordes the loue of vertue and hatred of vice and delight more to be godly and vertuous indeed then to be thought and called so expecting more for your praise and reward in heauen then heere and apply to all your outward actions Christs command to pray and giue your almes secretly So shal ye on the one part be inwardly garnished with trew Christian humilitie not outwardly with the proud Pharisie glorying in your godlinesse but saying as Christ commandeth vs all when we haue done all that we can Luke 10.17 Inutiles serui sumus And on the other part yee shall eschew outwardly before the world the suspition of filthie proude hypocrisie and deceitfull dissimulation OF A KINGS DVETIE IN HIS OFFICE THE SECOND BOOKE BVT as ye are clothed with two callings so must ye be alike careful for the discharge of them both that as yee are a good Christian so yee may be a good King discharging your Office as I shewed before in the points of Iustice and Equitie The Office of a King which in two sundrie waies ye must doe the one in establishing and executing Plato in Polit. which is the life of the Law good Lawes among your people Isocr in Sym. the other by your behauiour in your owne person and with your seruants to teach your people by your example for people are naturally inclined to counterfaite like apes their Princes maners Plate in Polis according to the notable saying of Plato expressed by the Poet Componitur orbis Regis ad exemplum nec sic inflectere sensus Humanos edicta valent quà m vitaregentis Claudian in 4. cons Hon. For the part of making and executing of Lawes consider first the trew difference betwixt a lawfull good King and an vsurping Tyran and yee shall the more easily vnderstand your duetie herein Difference of a King and a Tyran for contraria iuxta se posita magis elucescunt The one acknowledgeth himselfe ordained for his people hauing receiued from God a burthen of gouernment Plato in Polit. whereof he must be countable the other thinketh his people ordined for him Arist 5. Polit. a prey to his passions and inordinate appetites as the fruites of his magnanimitie And therefore as their ends are directly contrarie so are their whole actions as meanes whereby they preasse to attaine to their endes A good King thinking his highest honour to consist in the due discharge of his calling emploieth all his studie and paines to procure and maintaine Xen. 8. Cyr. by the making and execution of good Lawes the well-fare and peace of his people and as their naturall father and kindly Master Cic. lib. 5. de Rep. thinketh his greatest contentment standeth in their prosperitie and his greatest suretie in hauing their hearts subiecting his owne priuate affections and appetites to the weale and standing of his Subiects euer thinking the common interesse his chiefest particular where by the contrarie an vsurping Tyran thinking his greatest
these two senses but I meane of that wise moderation that first commaunding your selfe shall as a Queene command all the affections and passions of your minde and as a Phisician wisely mixe all your actions according thereto Therefore not onely in all your affections and passions In holinesse but euen in your most vertuous actions make euer moderation to be the chiefe ruler For although holinesse be the first and most requisite qualitie of a Christian as proceeding from a feeling feare and trew knowledge of God yet yee remember how in the conclusion of my first booke I aduised you to moderateal your outward actions flowing there-fra The like say I now of Iustice which is the greatest vertue that properly belongeth to a Kings office Vse Iustice In iustice Pla. 4 de Leg. Arist 1. mag mor. Cic. 1. off pro Rab. ad Q. frat Seneca de cl but with such moderation as it turne not in Tyrannie otherwaies summum Ius is summa iniuria As for example if a man of a knowen honest life be inuaded by brigands or theeues for his purse and in his owne defence slay one of them they beeing both moe in number and also knowen to bee deboshed and insolent liuers where by the contrarie hee was single alone beeing a man of sound reputation yet because they were not at the horne or there was no eye-witnesse present that could verifie their first inuading of him shall hee therefore lose his head And likewise by the law-burrowes in our lawes men are prohibited vnder great pecuniall paines from any wayes inuading or molesting their neighbours person or bounds if then his horse breake the halter and pastour in his neighbours medow shall he pay two or three thousand pounds for the wantonnesse of his horse Arist 5. aeth 1 rhet Cicer. pro Caec or the weaknesse of his halter Surely no for lawes are ordained as rules of vertuous and sociall liuing and not to bee snares to trap your good subiects and therefore the lawe must be interpreted according to the meaning and not to the literall sense thereof Nam ratio est anima legis And as I said of Iustice so say I of Clemencie Magnanimitie Liberalitie Constancie Humilitie and all other Princely vertues Nam in medio stat virtus The false semblance of extremities And it is but the craft of the Diuell that falsly coloureth the two vices that are on either side thereof with the borrowed titles of it albeit in very deede they haue no affinitie therewith and the two extremities themselues although they seeme contrarie yet growing to the height Their coincidence runne euer both in one For in infinitis omnia concurrunt and what difference is betwixt extreame tyrannie delighting to destroy all mankinde and extreame slackenesse of punishment permitting euery man to tyrannize ouer his companion Or what differeth extreame prodigalitie by wasting of all to possesse nothing from extreame niggardnesse by hoarding vp all to enioy nothing like the Asse that carying victuall on her backe is like to starue for hunger and will bee glad of thrissels for her part And what is betwixt the pride of a glorious Nebuchadnezzar and the preposterous humilitie of one of the proud Puritanes claiming to their Paritie and crying Wee are all but vile wormes and yet will iudge and giue Law to their King but will be iudged nor controlled by none Surely there is more pride vnder such a ones blacke bonnet then vnder Alexander the great his Diademe as was said of Diogenes in the like case But aboue all vertues study to know well your owne craft The right extention of a kings craft which is to rule your people And when I say this I bid you know all crafts For except ye know euery one how can yee controll euery one Plat. in pol. 5. de Rep. Epist 7. Cic. ad Q. frat de or which is your proper office Therefore besides your education it is necessarie yee delight in reading and seeking the knowledge of all lawfull things but with these two restrictions first that yee choose idle houres for it not interrupting therewith the discharge of your office and next that yee studie not for knowledge nakedly but that your principall ende be Id. 1. de fin to make you able thereby to vse your office practising according to your knowledge in all the points of your calling Id. 1. Offic. not like these vaine Astrologians that studie night and day on the course of the starres onely that they may for satisfying their curiositie know their course But since all Artes and sciences are linked euery one with other their greatest principles agreeing in one which mooued the Poets to faine the nine Muses to be all sisters studie them that out of their harmonie ye may sucke the knowledge of all faculties and consequently be on the counsell of all crafts that yee may be able to containe them all in order as I haue alreadie said For knowledge and learning is a light burthen the weight whereof will neuer presse your shoulders First of all then study to be well seene in the Scriptures The Scripture Deut. 17. as I remembred you in the first booke as well for the knowledge of your owne saluation as that ye may be able to containe your Church in their calling as Custos vtriusque Tabulae For the ruling them well is no small point of your office taking specially heede that they vague not from their text in the Pulpit and if euer ye would haue peace in your land suffer them not to meddle in that place with the estate or policie but punish seuerely the first that presumeth to it Doe nothing towards them without a good ground and warrant but reason not much with them for I haue ouermuch surfeited them with that and it is not their fashion to yeeld And suffer no conuentions nor meetings among Church-men but by your knowledge and permission Next the Scriptures studie well your owne Lawes Of the Lawes municipall for how can ye discerne by the thing yee know not But preasse to draw all your Lawes and processes to be as short and plaine as ye can assure your selfe the longsomnesse both of rights and processes Plat. 4. de Rep. 6. de Leg. Arist 1. rhet breedeth their vnsure loosenesse and obscuritie the shortest being euer both the surest and plainest forme and the longsomnesse seruing onely for the enriching of the Aduocates and Clerkes Cic 1. de Orat. Sen in Lud Resort to the Session with the spoile of the whole countrey And therefore delite to haunt your Session and spie carefully their proceedings taking good heede if any briberie may be tried among them which cannot ouer seuerely be punished Spare not to goe there for gracing that farre any that yee fauour by your presence to procure them expedition of Iustice although that should be specially done for the poore that cannot waite
emploied as middesses for the furthering of that principall And being content to let others excell in other things let it be your chiefest earthly glory to excell in your owne craft according to the worthy counsel and charge of Anchises to his posteritie in that sublime and heroicall Poet wherein also my dicton is included Virg 6. Aeu Excudent alij spirantia molliùs aera Credo equidem viuos ducent de marmore vultus Orabunt causas meliùs coelique meatus Describent radio surgentia sydera dicent Tu regere imperio populos Romane memento Hae tibi erunt artes pacique imponere morem Parcere subiectis debellare superbos THE TREW LAW OF FREE MONARCHIES OR THE RECIPROCK AND MVTVALL DVETIE BETWIXT A FREE KING AND HIS naturall Subiects AN ADVERTISEMENT TO THE READER ACcept J pray you my deare countreymen as thankefully this Pamphlet that J offer vnto you as louingly it is written for your weale J would be loath both to be faschious and fectlesse And therefore if it be not sententious at least it is short Jt may be yee misse many things that yee looke for in it But for excuse thereof consider rightly that I onely lay downe herein the trew grounds to teach you the right-way without wasting time vpon refuting the aduersaries And yet I trust if ye will take narrow tent ye shall finde most of their great gunnes payed home againe either with contrary conclusions or tacite obiections suppose in a dairned forme and indirectly For my intention is to instruct and not irritat if J may eschew it The profite I would wish you to make of it is as well so to frame all your actions according to these grounds as may confirme you in the course of honest and obedient Subiects to your King in all times comming as also when ye shall fall in purpose with any that shall praise or excuse the by-past rebellions that brake foorth either in this countrey or in any other ye shall herewith bee armed against their Sirene songs laying their particular examples to the square of these grounds Whereby yee shall soundly keepe the course of righteous Judgement decerning wisely of euery action onely according to the qualitie thereof and not according to your preiudged conceits of the committers So shall ye by reaping profit to your selues turne my paine into pleasure But least the whole Pamphlet runne out at the gaping mouth of this Preface if it were any more enlarged I end with committing you to God and me to your charitable censures C. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 THE TREW LAW OF FREE MONARCHIES OR The Reciprock and mutuall duetie betwixt a free King and his naturall Subiects AS there is not a thing so necessarie to be knowne by the people of any land next the knowledge of their God as the right knowledge of their alleageance according to the forme of gouernement established among them especially in a Monarchie which forme of gouernment as resembling the Diuinitie approacheth nearest to perfection as all the learned and wise men from the beginning haue agreed vpon Vnitie being the perfection of all things So hath the ignorance and which is worse the seduced opinion of the multitude blinded by them who thinke themselues able to teach and instruct the ignorants procured the wracke and ouerthrow of sundry flourishing Common-wealths and heaped heauy calamities threatning vtter destruction vpon others And the smiling successe that vnlawfull rebellions haue oftentimes had against Princes in aages past such hath bene the misery and iniquitie of the time hath by way of practise strengthned many in their errour albeit there cannot be a more deceiueable argument then to iudge ay the iustnesse of the cause by the euent thereof as hereafter shal be proued more at length And among others no Common-wealth that euer hath bene since the beginning hath had greater need of the trew knowledge of this ground then this our so long disordered and distracted Common-wealth hath the misknowledge hereof being the onely spring from whence haue flowed so many endlesse calamities miseries and confusions as is better felt by many then the cause thereof well knowne and deepely considered The naturall zeale therefore that I beare to this my natiue countrie with the great pittie I haue to see the so-long disturbance thereof for lacke of the trew knowledge of this ground as I haue said before hath compelled me at last to breake silence to discharge my conscience to you my deare country men herein that knowing the ground from whence these your many endlesse troubles haue proceeded as well as ye haue already too-long tasted the bitter fruites thereof ye may by knowledge and eschewing of the cause escape and diuert the lamentable effects that euer necessarily follow thereupon I haue chosen then onely to set downe in this short Treatise the trew grounds of the mutuall duetie and alleageance betwixt a free and absolute Monarche and his people not to trouble your patience with answering the contrary propositions which some haue not bene ashamed to set downe in writ to the poysoning of infinite number of simple soules and their owne perpetuall and well deserued infamie For by answering them I could not haue eschewed whiles to pick and byte wel saltly their persons which would rather haue bred contentiousnesse among the readers as they had liked or misliked then sound instruction of the trewth Which I protest to him that is the searcher of all hearts is the onely marke that I shoot at herein First then I will set downe the trew grounds whereupon I am to build out of the Scriptures since Monarchie is the trew paterne of Diuinitie as I haue already said next from the fundamental Lawes of our owne Kingdome which nearest must concerne vs thirdly from the law of Nature by diuers similitudes drawne out of the same and will conclude syne by answering the most waighty and appearing incommodities that can be obiected The Princes duetie to his Subiects is so clearely set downe in many places of the Scriptures and so openly confessed by all the good Princes according to their oath in their Coronation as not needing to be long therein I shall as shortly as I can runne through it Kings are called Gods by the propheticall King Dauid I sal 82.6 because they sit vpon GOD his Throne in the earth and haue the count of their administration to giue vnto him Psal 101. Psal 101. 2. King 18. 2. Chron. 29. 2. King 22. and 23.2 chro 34. 35. Psal 72. 1. King 3. Their office is To minister Iustice and Iudgement to the people as the same Dauid saith To aduance the good and punish the euill as he likewise saith To establish good Lawes to his people and procure obedience to the same as diuers good Kings of Iudah did To procure the peace of the people as the same Dauid saith To decide all controuersies that can arise among them as Salomon did To be the Minister
it well appeareth as well because we heare no mention made in the Scripture of any his tyrannie and oppression which if it had beene would not haue been left vnpainted out therein as well as his other faults were as in a trew mirrour of all the Kings behauiours whom it describeth as likewise in respect that Saul was chosen by God for his vertue and meet qualities to gouerne his people whereas his defection sprung after-hand from the corruption of his owne nature not through any default in God whom they that thinke so would make as a step-father to his people in making wilfully a choise of the vnmeetest for gouerning them since the election of that King lay absolutely and immediatly in Gods hand But by the contrary it is plaine and euident that this speech of Samuel to the people was to prepare their hearts before the hand to the due obedience of that King which God was to giue vnto them and therefore opened vp vnto them what might be the intollerable qualities that might fall in some of their kings thereby preparing them to patience not to resist to Gods ordinance but as he would haue said Since God hath granted your importunate suit in giuing you a king as yee haue else committed an errour in shaking off Gods yoke and ouer-hastie seeking of a King so beware yee fall not into the next in casting off also rashly that yoke which God at your earnest suite hath laid vpon you how hard that euer it seeme to be For as ye could not haue obtained one without the permission and ordinance of God so may yee no more fro hee be once set ouer you shake him off without the same warrant And therefore in time arme yourselues with patience and humilitie since he that hath the only power to make him hath the onely power to vnmake him and ye onely to obey bearing with these straits that I now foreshew you as with the finger of God which lieth not in you to take off And will ye consider the very wordes of the text in order as they are set downe it shall plainely declare the obedience that the people owe to their King in all respects First God commandeth Samuel to doe two things the one to grant the people their suit in giuing them a king the other to forewarne them what some kings will doe vnto them that they may not thereafter in their grudging and murmuring say when they shal feele the snares here fore-spoken We would neuer haue had a king of God in case when we craued him hee had let vs know how wee would haue beene vsed by him as now we finde but ouer-late And this is meant by these words Now therefore hearken vnto their voice howbeit yet testifie vnto them and shew them the maner of the King that shall rule ouer them And next Samuel in execution of this commandement of God hee likewise doeth two things First hee declares vnto them what points of iustice and equitie their king will breake in his behauiour vnto them And next he putteth them out of hope that wearie as they will they shall not haue leaue to shake off that yoke which God through their importunitie hath laide vpon them The points of equitie that the King shall breake vnto them are expressed in these words 11 He will take your sonnes and appoint them to his Charets and to be his horsemen and some shall run before his Charet 12 Also he will make them his captaines ouer thousands and captaines ouer fifties and to eare his ground and to reape his haruest and to make instruments of warre and the things that serue for his charets 13 He will also take your daughters and make them Apothecaries and Cookes and Bakers The points of Iustice that hee shall breake vnto them are expressed in these wordes 14 Hee will take your fields and your vineyards and your best Oliue trees and giue them to his seruants 15 And he will take the tenth of your seede and of your vineyards and giue it to his Eunuches and to his seruants and also the tenth of your sheepe As if he would say The best and noblest of your blood shall be compelled in slauish and seruile offices to serue him And not content of his owne patrimonie will make vp a rent to his owne vse out of your best lands vineyards orchards and store of cattell So as inuerting the Law of nature and office of a King your persons and the persons of your posteritie together with your lands and all that ye possesse shal serue his priuate vse and inordinate appetite And as vnto the next point which is his fore-warning them that weary as they will they shall not haue leaue to shake off the yoke which God thorow their importunity hath laid vpon them it is expressed in these words 18 And yee shall crie out at that day because of your King whom yee haue chosen you and the Lord will not heare you at that day As he would say When ye shall finde these things in proofe that now I fore-warne you of although you shall grudge and murmure yet it shal not be lawful to you to cast it off in respect it is not only the ordinance of God but also your selues haue chosen him vnto you thereby renouncing for euer all priuiledges by your willing consent out of your hands whereby in any time hereafter ye would claime and call backe vnto your selues againe that power which God shall not permit you to doe And for further taking away of all excuse and retraction of this their contract after their consent to vnder-lie this yoke with all the burthens that hee hath declared vnto them he craues their answere and consent to his proposition which appeareth by their answere as it is expressed in these words 19 Nay but there shal be a King ouer vs. 20 And we also will be like all other nations and our king shall iudge vs and goe out before vs and fight our battels As if they would haue said All your speeches and hard conditions shall not skarre vs but we will take the good and euill of it vpon vs and we will be content to beare whatsoeuer burthen it shal please our King to lay vpon vs aswell as other nations doe And for the good we will get of him in fighting our battels we will more patiently beare any burthen that shall please him to lay on vs. Now then since the erection of this Kingdome and Monarchie among the Iewes and the law thereof may and ought to bee a paterne to all Christian and well founded Monarchies as beeing founded by God himselfe who by his Oracle and out of his owne mouth gaue the law thereof what liberty can broiling spirits and rebellious minds claime iustly to against any Christian Monarchie since they can claime to no greater libertie on their part nor the people of God might haue done and no greater tyranny was euer executed by any Prince or
or Doctors in Physicke which iolly comparisons are vsed by such writers as maintaine the contrary proposition I leaue it also to the readers discretion And in case any doubts might arise in any part of this treatise I wil according to my promise with the solution of foure principall and most weightie doubts that the aduersaries may obiect conclude this discourse And first it is casten vp by diuers that employ their pennes vpon Apologies for rebellions and treasons that euery man is borne to carry such a naturall zeale and duety to his common-wealth as to his mother that seeing it so rent and deadly wounded as whiles it will be by wicked and tyrannous Kings good Citizens will be forced for the naturall zeale and duety they owe to their owne natiue countrey to put their hand to worke for freeing their common-wealth from such a pest Whereunto I giue two answeres First it is a sure Axiome in Theologie that euill should not be done that good may come of it The wickednesse therefore of the King can neuer make them that are ordained to be iudged by him to become his Iudges And if it be not lawfull to a priuate man to reuenge his priuate iniury vpon his priuate aduersary since God hath onely giuen the sword to the Magistrate how much lesse is it lawfull to the people or any part of them who all are but priuate men the authoritie being alwayes with the Magistrate as I haue already proued to take vpon them the vse of the sword whom to it belongs not against the publicke Magistrate whom to onely it belongeth Next in place of relieuing the common-wealth out of distresse which is their onely excuse and colour they shall heape double distresse and desolation vpon it and so their rebellion shall procure the contrary effects that they pretend it for For a king cannot be imagined to be so vnruly and tyrannous but the common-wealth will be kept in better order notwithstanding thereof by him then it can be by his way-taking For first all sudden mutations are perillous in common-wealths hope being thereby giuen to all bare men to set vp themselues and flie with other mens feathers the reines being loosed to all the insolencies that disordered people can commit by hope of impunitie because of the loosenesse of all things And next it is certaine that a king can neuer be so monstrously vicious but hee will generally fauour iustice and maintaine some order except in the particulars wherein his inordinate lustes and passions cary him away where by the contrary no King being nothing is vnlawfull to none And so the olde opinion of the Philosophers prooues trew That better it is to liue in a Common-wealth where nothing is lawfull then where all things are lawfull to all men the Common-wealth at that time resembling an vndanted young horse that hath casten his rider For as the diuine Poet DV BARTAS sayth Better it were to suffer some disorder in the estate and some spots in the Common-wealth then in pretending to reforme vtterly to ouerthrow the Republicke The second obiection they ground vpon the curse that hangs ouer the common-wealth where a wicked king reigneth and say they there cannot be a more acceptable deed in the sight of God nor more dutiful to their common-weale then to free the countrey of such a curse and vindicate to them their libertie which is naturall to all creatures to craue Whereunto for answere I grant indeed that a wicked king is sent by God for a curse to his people and a plague for their sinnes but that it is lawfull to them to shake off that curse at their owne hand which God hath laid on them that I deny and may so do iustly Will any deny that the king of Babel was a curse to the people of God as was plainly fore-spoken and threatned vnto them in the prophecie of their captiuitie And what was Nero to the Christian Church in his time And yet Ieremy and Paul as yee haue else heard commanded them not onely to obey them but heartily to pray for their welfare It is certaine then as I haue already by the Law of God sufficiently proued that patience earnest prayers to God and amendment of their liues are the onely lawful meanes to moue God to relieue them of that heauie curse As for vindicating to themselues their owne libertie what lawfull power haue they to reuoke to themselues againe those priuiledges which by their owne consent before were so fully put out of their hands for if a Prince cannot iustly bring backe againe to himself the priuiledges once bestowed by him or his predecessors vpon any state or ranke of his subiects how much lesse may the subiects reaue out of the princes hand that superioritie which he and his Predecessors haue so long brooked ouer them But the vnhappy iniquitie of the time which hath oft times giuen ouer good successe to their treasonable attempts furnisheth them the ground of their third obiection For say they the fortunate successe that God hath so oft giuen to such enterprises prooueth plainely by the practise that God fauoured the iustnesse of their quarrell To the which I answere that it is trew indeed that all the successe of battels as well as other worldly things lyeth onely in Gods hand And therefore it is that in the Scripture he takes to himselfe the style of God of Hosts But vpon that generall to conclude that hee euer giues victory to the iust quarrell would prooue the Philistims and diuers other neighbour enemies of the people of God to haue oft times had the iust quarrel against the people of God in respect of the many victories they obtained against them And by that same argument they had also iust quarrell against the Arke of God For they wan it in the field and kept it long prisoner in their countrey As likewise by all good Writers as well Theologues as other the Duels and singular combats are disallowed which are onely made vpon pretence that GOD will kith thereby the iustice of the quarrell For wee must consider that the innocent partie is not innocent before God And therefore God will make oft times them that haue the wrong side reuenge iustly his quarrell and when he hath done cast his scourge in the fire as he oft times did to his owne people stirring vp and strengthening their enemies while they were humbled in his sight and then deliuered them in their hands So God as the great Iudge may iustly punish his Deputie and for his rebellion against him stir vp his rebels to meet him with the like And when it is done the part of the instrument is no better then the diuels part is in tempting and torturing such as God committeth to him as his hangman to doe Therefore as I said in the beginning it is oft times a very deceiueable argument to iudge of the cause by the euent And the last obiection is grounded vpon the mutuall paction
and adstipulation as they call it betwixt the King and his people at the time of his coronation For there say they there is a mutuall paction and contract bound vp and sworne betwixt the king and the people Whereupon it followeth that if the one part of the contract or the Indent bee broken vpon the Kings side the people are no longer bound to keepe their part of it but are thereby freed of their oath For say they a contract betwixt two parties of all Law frees the one partie if the other breake vnto him As to this contract alledged made at the coronation of a King although I deny any such contract to bee made then especially containing such a clause irritant as they alledge yet I confesse that a king at his coronation or at the entry to his kingdome willingly promiseth to his people to discharge honorably and trewly the office giuen him by God ouer them But presuming that thereafter he breake his promise vnto them neuer so inexcusable the question is who should bee iudge of the breake giuing vnto them this contractwere made vnto them neuer so sicker according to their alleageance I thinke no man that hath but the smallest entrance into the ciuill Law will doubt that of all Law either ciuil or municipal of any nation a contract cannot be thought broken by the one partie and so the other likewise to be freed therefro except that first a lawfull triall and cognition be had by the ordinary Iudge of the breakers thereof Or else euery man may be both party and Iudge in his owne cause which is absurd once to be thought Now in this contract I say betwixt the king and his people God is doubtles the only Iudge both because to him onely the king must make count of his administration as is oft said before as likewise by the oath in the coronation God is made iudge and reuenger of the breakers For in his presence as only iudge of oaths all oaths ought to be made Then since God is the onely Iudge betwixt the two parties contractors the cognition and reuenge must onely appertaine to him It followes therefore of necessitie that God must first giue sentence vpon the King that breaketh before the people can thinke themselues freed of their oath What iustice then is it that the partie shall be both iudge and partie vsurping vpon himselfe the office of God may by this argument easily appeare And shall it lie in the hands of headlesse multitude when they please to weary off subiection to cast off the yoake of gouernement that God hath laid vpon them to iudge and punish him whom-by they should be iudged and punished and in that case wherein by their violence they kythe themselues to be most passionate parties to vse the office of an vngracious Iudge or Arbiter Nay to speake trewly of that case as it stands betwixt the king and his people none of them ought to iudge of the others breake For considering rightly the two parties at the time of their mutuall promise the king is the one party and the whole people in one body are the other party And therfore since it is certaine that a king in case so it should fal out that his people in one body had rebelled against him hee should not in that case as thinking himselfe free of his promise and oath become an vtter enemy and practise the wreake of his whole people and natiue country although he ought iustly to punish the principall authours and bellowes of that vniuersall rebellion how much lesse then ought the people that are alwaies subiect vnto him and naked of all authoritie on their part presse to iudge and ouerthrow him otherwise the people as the one partie contracters shall no sooner challenge the king as breaker but hee assoone shall iudge them as breakers so as the victors making the tyners the traitors as our prouerbe is the partie shall aye become both iudge and partie in his owne particular as I haue alreadie said And it is here likewise to be noted that the duty and alleageance which the people sweareth to their prince is not only bound to themselues but likewise to their lawfull heires and posterity the lineall successiō of crowns being begun among the people of God and happily continued in diuers christian common-wealths So as no obiection either of heresie or whatsoeuer priuate statute or law may free the people from their oath-giuing to their king and his succession established by the old fundamentall lawes of the kingdome For as hee is their heritable ouer-lord and so by birth not by any right in the coronation commeth to his crowne it is a like vnlawful the crowne euer standing full to displace him that succeedeth thereto as to eiect the former For at the very moment of the expiring of the king reigning the nearest and lawful heire entreth in his place And so to refuse him or intrude another is not to holde out vncomming in but to expell and put out their righteous King And I trust at this time whole France acknowledgeth the superstitious rebellion of the liguers who vpon pretence of heresie by force of armes held so long out to the great desolation of their whole countrey their natiue and righteous king from possessing of his owne crowne and naturall kingdome Not that by all this former discourse of mine and Apologie for kings I meane that whatsoeuer errors and intollerable abominations a souereigne prince commit hee ought to escape all punishment as if thereby the world were only ordained for kings they without controlment to turne it vpside down at their pleasure but by the contrary by remitting them to God who is their onely ordinary Iudge I remit them to the soreit and sharpest schoolemaster that can be deuised for them for the further a king is preferred by God aboue all other ranks degrees of men and the higher that his seat is aboue theirs the greater is his obligation to his maker And therfore in case he forget himselfe his vnthankfulnes being in the same measure of height the sadder and sharper will his correction be and according to the greatnes of the height he is in the weight of his fall wil recōpense the same for the further that any person is obliged to God his offence becomes and growes so much the greater then it would be in any other Ioues thunder-claps light oftner and sorer vpon the high stately oakes then on the low and supple willow trees and the highest bench is sliddriest to sit vpon Neither is it euer heard that any king forgets himselfe towards God or in his vocation but God with the greatnesse of the plague reuengeth the greatnes of his ingratitude Neither thinke I by the force and argument of this my discourse so to perswade the people that none will hereafter be raised vp and rebell against wicked Princes But remitting to the iustice and prouidence of God to stirre vp such scourges as
resolued them That either must all the partes of those roumes bee narrowly searched and no possibilitie of danger left vnexamined or else hee and they all must resolue not to meddle in it at all but plainly to goe the next day to the Parliament and leaue the successe to Fortune which he beleeued they would be loth to take vpon their consciences for in such a case as this Agreed that the search should be vnder colour of seeking for Wardrobe stuffe missed by Whynniard an halfe doing was worse then no doing at all Whereupon it was at last concluded That nothing should bee left vnsearched in those Houses And yet for the better colour and stay of rumour in case nothing were found it was thought meet that vpon a pretence of Whyneards missing some of the Kings stuffe or Hangings which he had in keeping all those roumes should be narrowly ripped for them And to this purpose was Sir Thomas Kneuet a Gentleman of his Maiesties priuie Chamber employed being a Iustice of Peace in Westminster and one of whose ancient fidelitie both the late Queene and our now Soueraigne haue had large proofe who according to the trust committed vnto him went about the midnight next after to the Parliament-house accompanied with such a small number as was fit for that errand But before his entry in the house Fawkes found at midnight without the house finding Thomas Percies alleaged man standing without the doores his cloathes and bootes on at so dead a time of the night he resolued to apprehend him as hee did and thereafter went forward to the searching of the house where after he had caused to be ouerturned some of the Billets and Coales he first found one of the small Barrels of Powder and after all the rest to the number of thirty sixe Barrels great and small And thereafter searching the fellow whom he had taken found three matches and all other instruments fit for blowing vp the Powder readie vpon him which made him instantly confesse his owne guiltinesse declaring also vnto him That if hee had happened to be within the house when hee tooke him as he was immediatly before at the ending of his worke hee would not haue failed to haue blowen him vp house and all Thus after Sir Thomas had caused the wretch to bee surely bound and well guarded by the company hee had brought with him hee himselfe returned backe to the Kings Palace and gaue warning of his successe to the Lord Chamberlaine and Earle of Salisburie who immediatly warning the rest of the Councell that lay in the house as soone as they could get themselues ready came with their fellow Counsellers to the Kings Bed-chamber being at that time neere foure of the clocke in the morning And at the first entry of the Kings Chamber doore Vpon Sir Thomas Kneuets returne the Councel warned the Lord Chamberlaine being not any longer able to conceale his ioy for the preuenting of so great a danger told the King in a confused haste that all was found and discouered and the Traitor in hands and fast bound Then order beeing first taken for sending for the rest of the Councell that lay in the Towne The prisoner himselfe was brought into the house where in respect of the strangenes of the accident no man was stayed from the sight or speaking with him And within a while after the Council did examine him Who seeming to put on a Romane resolution did both to the Councill and to euery other person that spake with him that day appeare so constant and setled vpon his grounds as wee all thought wee had found some new Mutius Scaeuola borne in England For notwithstanding the horrour of the fact the guilt of his conscience his sudden surprising the terrour which should haue bene stroken in him by comming into the presence of so graue a Councill and the restlesse and confused questions that euery man all that day did vexe him with Yet was his countenance so farre from being deiected as he often smiled in scornefull maner not onely auowing the Fact but repenting onely with the said Scaeuola his failing in the execution thereof whereof he said the diuel and not God was the discouerer Answering quickly to euery mans obiection scoffing at any idle questions which were propounded vnto him and iesting with such as he thought had no authoritie to examine him All that day could the Councill get nothing out of him touching his Complices refusing to answere to any such questions which hee thought might discouer the plot and laying all the blame vpon himselfe Whereunto he said hee was mooued onely for Religion and conscience sake denying the King to be his lawfull Soueraigne or the Anoynted of God in respect he was an hereticke and giuing himselfe no other name then Iohn Iohnson seruant to Thomas Percie But the next morning being caried to the Tower hee did not there remaine aboue two or three dayes being twise or thrise in that space reexamined and the Racke onely offered and shewed vnto him when the maske of his Romane fortitude did visibly beginne to weare and slide off his face And then did hee beginne to confesse part of the trewth and thereafter to open the whole matter as doeth appeare by his depositions immediatly following THE TREW COPIE OF THE DECLARATION OF GVIDO FAWKES TAKEN IN THE PRESENCE OF THE Counsellers whose names are vnder written I Confesse that a practise in generall was first broken vnto me against his Maiestie for reliefe of the Catholique cause and not inuented or propounded by my selfe And this was first propounded vnto mee about Easter last was twelue moneth beyond the Seas in the Low-Countreys of the Archdukes obeisance by Thomas Winter who came thereupon with mee into England and there wee imparted our purpose to three other Gentlemen more namely Robert Catesby Thomas Percie and Iohn Wright who all fiue consulting together of the meanes how to execute the same and taking a vow among our selues for secrecie Catesby propounded to haue it performed by Gunpowder and by making a Myne vnder the vpper House of Parliament which place wee made choice of the rather because Religion hauing bene vniustly suppressed there it was fittest that Iustice and punishment should be executed there This being resolued amongst vs Thomas Percy hired an house at Westminster for that purpose neere adioyning to the Parliament House and there we begun to make our Myne about the 11. of December 1604. The fiue that first entred into the worke were Thomas Percy Robert Catesby Thomas Winter Iohn Wright and my selfe and soone after wee tooke another vnto vs Christopher Wright hauing sworne him also and taken the Sacrament for secrecie When we came to the very foundation of the wall of the House which was about three yards thicke and found it a matter of great difficultie wee tooke vnto vs another Gentleman Robert Winter in like maner with oath and Sacrament as aforesaid It was about Christmas when we brought
day to keepe and containe their own seruants from stealing from them who notwithstanding of all their care daily left them being farre inferiour to Gedeons hoste in number but farre more in faith or iustnesse of quarrell And so after that this Catholicke troupe had wandered a while through Warwicke-shire to Worcester-shire and from thence to the edge and borders of Stafford-shire this gallantly armed band had not the honour at the last to be beaten with a Kings Lieutenant or extraordinary Commissioner sent downe for the purpose Their flight but onely by the ordinary Shiriffe of Worcester-shire were they all beaten killed taken and dispersed Wherein yee haue to note this following circumstance so admirable and so liuely displaying the greatnesse of Gods iustice as it could not be concealed without betraying in a maner the glory due to the Almighty for the same Although diuers of the Kings Proclamations were posted downe after these Traitors with all the speed possible declaring the odiousnesse of that bloodie attempt the necessitie to haue had Percie preserued aliue if it had beene possible and the assembly together of that rightly-damned crew now no more darned Conspirators but open and auowed Rebels yet the farre distance of the way which was aboue an hundred miles together with the extreme deepenesse thereof ioyned also with the shortnesse of the day was the cause that the heartie and louing affections of the Kings good Subiects in those partes preuented the speed of his Proclamations For vpon the third day after the flying downe of these Rebels Ouertaken at Holbeech in Stafford shire Stephen Littletons house which was vpon the Friday next after the discouerie of their Plot they were most of them all surprized by the Shiriffe of Worcester-shire at Holbeach about the noone of the day and that in manner following Graunt of whom I haue made mention before for taking the great horses who had not all the preceding time stirred from his owne house till the next morning after the attempt should haue bene put in execution he then laying his accompt without his Host as the prouerbe is that their Plot had without failing receiued the day before their hoped-for successe Tooke or rather stole out those horses as I said before for enabling him and so many of that soule-lesse society that had still remained in the Countrey neere about him to make a sudden surprize vpon the Kings elder daughter the Lady ELIZABETH hauing her residence nere by that place Grant attempt to surprize the Lady Elizabeth whom they thought to haue vsed for the colour of their treacherous dessigne His Maiestie her father her mother and male children being all destroyed aboue And to this purpose also had that Nimrod Digby prouided his hunting match against that same time that numbers of people beeing flocked together vpon the pretence thereof they might the easilier haue brought to passe the sudden surprise of her person Now the violent taking away of those horses long before day did seeme to bee so great a ryot in the eyes of the Common-people that knew of no greater mystery And the bold attempting thereof did ingender such a suspition of some following Rebellion in the hearts of the wiser sort as both great and small beganne to stirre and arme themselues vpon this vnlooked-for accident Among whom Sir Fulke Greuill the Elder Knight as became one both so ancient in yeeres and good reputation and by his Office beeing Deputie Lieutenant of Warwicke-shire though vnable in his bodie yet by the zeale and trew feruencie of his mind did first apprehend this foresaid Ryot to be nothing but the sparkles and sure indices of a following Rebellion whereupon both stoutly and honestly hee tooke order to get into his owne hands the Munition and Armour of all such Gentlemen about him as were either absent from their owne houses or in doubtfull guard and also sent such direction to the Townes about him as thereupon did follow the striking of Winter by a poore Smith who had likewise beene taken by those vulgar people but that he was rescued by the rest of his company who perceiuing that the Countrey before them had notice of them hastened away with losse in their owne sight sixteene of their followers being taken by the townes-men and sent presently to the Shiriffe at Warwicke and from thence to London But before twelue or sixteene houres past Catesby Percy the Winters Wrights Rookewood and the rest bringing then the assurance that their maine Plot was failed and bewrayed whereupon they had builded the golden mountaines of their glorious hopes They then tooke their last desperate resolution to flocke together in a troupe and wander as they did for the reasons aforetold But as vpon the one part the zealous duety to their God and their Souereigne was so deepely imprinted in the hearts of all the meanest and poorest sort of the people although then knowing of no further mysterie then such publike misbehauiours as their owne eyes taught them as notwithstanding of their faire shewes and pretence of their Catholicke cause no creature man or woman through all the Countrey would once so much as giue them willingly a cuppe of drinke or any sort of comfort or support but with execrations detested them So on the other part the Sheriffes of the Shires where-through they wandered conuening their people with all speed possible hunted as hotly after them as the euilnesse of the way and the vnprouidednesse of their people vpon that sudden could permit them And so at last after Sir Richard Verney Shiriffe of Warwicke-shire had carefully and streightly beene in chase of them to the confines of his Countie part of the meaner sort being also apprehended by him Sir Richard Walsh Shiriffe of Worcester-shire did likewise duetifully and hotely pursue them thorow his Shire And hauing gotten sure triall of their taking harbour at the house aboue-named hee did send Trumpetters and Messengers to them commaunding them in the Kings name to render vnto him his Maiesties minister and knowing no more at that time of their guilt then was publikely visible did promise vpon their duetifull and obedient rendring vnto him to intercede at the Kings handes for the sparing of their liues who receiued onely from them this scornefull answere they being better witnesses to themselues of their inward euill consciences That hee had need of better assistance then of those few numbers that were with him before hee could bee able to command or comptroll them But here fell the wonderous worke of Gods Iustice The preparation to assault the house That while this message passed betweene the Shiriffe and them The Shiriffes and his peoples zeale beeing iustly kindled and augmented by their arrogant answere and so they preparing themselues to giue a furious assault and the other partie making themselues readie within the house to performe their promise by a defence as resolute It pleased God that in the mending of the fire in their chamber one
blanching it onely with some poore excuses And to the other two points his answers are doubtfull yet neither condemning the act of his schollers nor the last wicked booke called Dominicus Lopez Hauing now therefore briefly laied open the subtilties friuolous distinctions and excuses of the said Vorstius we will conclude this point with this protestation That if he had bene our owne Subiect we would haue bid him Excrea spit out and forced him to haue produced and confessed those wicked Heresies that are rooted in his heart And in case he should stand vpon his Negatiue we would enioyne him to say according to the ancient custome of the Primitiue Church in the like cases of Heretiques I renounce and from my soule detest them Anathema Maranatha vpon such and such Heresies And not to say For peace sake I caused this booke to be suppressed And these bookes are to bee read with great iudgement and discretion S. Hierome liketh not that any man should take it patiently to be suspected of Heresie And now to make an end of this Discourse we doe very heartily desire all good Christians in generall and My Lords the States in particular to whom the managing of this affaire doeth most specially belong to consider but two things First what kinde of people they be that slander vs and our sincere intention in this cause And next what priuate interest wee can possibly haue in respect of any worldly honour or aduancement herein to engage our selues in such sort as we haue done Concerning the first point There are but three sorts of people that seeke to calumniate vs vpon this occasion That is to say either such as are infected with the same or the like Heresies wherewith Vorstius is tainted ideo fouent consimilem causam and therefore doe maintaine the like cause or else such as be of the Romane Religion who in this confusion and libertie of prophesying would thrust in for a part conceiuing it more reasonable that their doctrine should be tolerated by those of our Religion then the doctrine of Vorstius or else such as for reason of State enuie peraduenture the good amitie and correspondencie which is betwixt vs and the Vnited Prouinces Touching our owne interest the whole course of our life doeth sufficiently witnesse that we haue alwayes bene contented with that portion which GOD hath put into our hands without seeking to inuade the possessions of any other Besides in two of our bookes as well in our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in the Preface to our Apologie we haue shewed the same inclination For in the first booke speaking of warre we say that a King ought not to make any inuasion vpon anothers Dominions vntill Iustice be first denied him And in the other booke hauing shewed the vsurpation of the Pope aboue all the Kings and Princes of Christendome our conclusion is that we will neuer goe about to perswade them to assault him within his Dominions but onely to resume and preserue their owne iust Priuiledges from his violent intrusion So as thankes be to GOD both our Theorique and Practique agree well together to cleare vs from this vniust and slanderous imputation And as for the States in particular it is very vnlikely that we who haue all our life time held so strict an amitie with them as for their defence wee haue bene contented to expose the liues of many of our Subiects of both Nations would now practise against then State and that vpon so poore a subiect as Vorstius especially that so damnable a thing could euer enter into our heart as vnder the vaile and pretext of the glory of GOD to plot the aduancement of our owne priuate deseignes The reasons which induced vs to meddle in this businesse we haue already declared We leaue it now to his owne proper Iudges to consider what a nursling they foster in their bosome A stranger bred in the Socinian Heresie as it is said often times accused of Heresie by the Churches of Germanie one that hath written so wicked and scandalous bookes maintaining and seriously protesting in the preface of his Apologie to the States for the libertie of prophecying and twice or thrice insisting vpon that libertie in the Preface of his Modest Answere a dangerous and pernitious libertie or rather licentiousnesse opening a gap to all rupture Schisme and confusion in the Church yea hauing had some disciples that be Heretiques themselues and others that accuse him of Heresie And though there were no other cause then the silly and idle shifts wherewith hee seekes to defend himselfe in his last bookes it were enough to conuince him either to haue maintained a bad cause and in that respect worthy of a farre greater punishment then to be put by his place of Professour or at the least to be a person vnworthy of the name of a Professour in so famous an Vniuersitie for hauing so weakely maintained a cause that is iust For our part GOD is our witnesse we haue no quarrell against his person he is a Stranger borne farre from our dominions he is a Germane and it is well knowen that all Germanie are our friends and the most part of the great Princes there be either neerely allied vnto vs or our Confederates he doth outwardly professe the same Religion which we do he hath written against Bellarmine and hath not mentioned vs either in speach or writing for any thing we know but with all the honour and respect that may be GOD knowes the worst that we do wish him is that he may sincerely returne into the high beaten path-way of the Catholique and Orthodoxall Faith And for my Lords the States seeing wee haue discharged our conscience we will now referre the managing of the whole Action vnto their owne discretions For wee are so farre from prescribing them any rule herein as we shall be very well contented so as the businesse be well done that there be euen no mention at all made of our intercession in their publique Acts or Records Their maner of proceeding we leaue absolutely to their owne Wisedomes Modò praedicetur Christus so as CHRIST bee preached let them vse their owne formes in the Name of GOD. For we desire that GOD should so iudge vs at the last Day as we affect not in this Action any worldly glory beseeching the Creatour so to open their eyes to illuminate their vnderstandings direct their resolutions and aboue all to kindle their zeale sanctifie their affections at the last so to blesse their Actions and their proceedings in this cause as the issue thereof may tend to his Glory to the comfort and solace of the Faithfull to the honour of our Religion to the confusion and extirpation at the least profligation of Heresies and in particular to the corroboration of the Vnion of the sayd Prouinces A REMONSTRANCE FOR THE RIGHT OF KINGS AND THE INDEPENDANCE OF THEIR CROVVNES AGAINST AN ORATION OF THE MOST ILLVSTRIOVS CARD OF PERRON PRONOVNCED IN
Religion as beeing instructed by their schoolemasters in Religion And who were they but Ecclesiasticall persons All this presupposed as matter of trewth I draw this conclusion Howsoeuer no small number of the French Clergie may perhaps beare the affection of louing Subiects to their King and may not suffer the Clericall character to deface the impression of naturall allegiance yet for so much as the Order of Clerics is dipped in a deeper die and beareth a worse tincture of daungerous practises then the other Orders the third Estate had beene greatly wanting to their excellent prouidence and wisedome if they should haue relinquished and transferred the care of designements and proiects for the life of their King and the safety of his Crowne to the Clergiealone Moreouer the Clergie standeth bound to referre the iudgement of all matters in controuersie to the sentence of the Pope in this cause beeing a partie and one that pretendeth Crownes to depend vpon his Mitre What hope then might the third Estate conceiue that his Holinesse would passe against his owne cause when his iudgement of the controuersie had beene sundrie times before published and testified to the world And whereas the plot or modell of remedies proiected by the third Estate and the Kings Officers hath not prooued sortable in the euent was it because the said remedies were not good and lawfull No verily but because the Clergie refused to become contributors of their duty and meanes to the grand seruice Likewise for that after the burning of bookes addressed to iustifie rebellious people traytors and parricides of Kings neuerthelesse the authors of the said bookes are winked at and backt with fauour Lastly for that some wretched parricides drinke off the cuppe of publike iustice whereas to the firebrands of sedition the sowers of this abominable doctrine no man saith so much as blacke is their eye It sufficiently appeareth as I supose by the former passage that his Lordship exhorting the third Estate to referre the whole care of this Regall cause vnto the Clergie hath tacked his frame of weake ioynts and tenons to a very worthy but wrong foundation Page 9. Howbeit he laboureth to fortifie his exhortation with a more weake and feeble reason For to make good his proiect he affirmes that matters and maximes out of all doubt and question may not be shuffled together with points in controuersie Now his rules indubitable are two The first It is not lawfull to murther Kings for any cause whatsoeuer This he confirmeth by the example of Saul as he saith deposed from his Throne whose life or limbs Dauid neuerthelesse durst not once hurt or wrong for his life Conc. Constan Sess 15. Likewise he confirmes the same by a Decree of the Councill held at Constance His other point indubitable The Kings of France are Soueraignes in all Temporall Soueraigntie within the French Kingdome and hold not by fealtie either of the Pope as hauing receiued or obliged their Crownes vpon such tenure and condition or of any other Prince in the whole world Which point neuerthelesse he takes not for certaine and indubitable but onely according to humane and historicall certaintie Now a third point he makes to be so full of controuersie and so farre within the circle of disputable questions as it may not be drawne into the ranke of classicall and authenticall points for feare of making a certaine point doubtfull by shuffling and iumbling therewith some point in controuersie Now the question so disputable as he pretendeth is this A Christian Prince breakes his oath solemnely taken to God both to liue and to die in the Catholique Religion Say this Prince turnes Arrian or Mahometan fals to proclaime open warre and to wage battell with Iesus Christ Whether may such a Prince be declared to haue lost his Kingdome and who shall declare the Subiects of such a Prince to be quit of their oath of allegiance The L. Cardinall holds the affirmatiue and makes no bones to maintaine that all other parts of the Catholique Church yea the French Church euen from the first birth of her Theologicall Schooles to Caluins time and teaching haue professed that such a Prince may bee lawfully remooued from his Throne by the Pope and by the Councill and suppose the contrarie doctrine were the very Quintessence or spirit of trewth yet might it not in case of faith be vrged and pressed otherwise then by way of problematicall disceptation That is the summe of his Lordships ample discourse The refuting whereof I am constrained to put off and referre vnto an other place because he hath serued vs with the same dishes ouer and ouer againe There we shall see the L. Cardinall maketh way to the dispatching of Kings after deposition that Saul was not deposed as he hath presumed that in the Councill of Constance there is nothing to the purpose of murthering Soueraigne Princes that his Lordship supposing the French King may be depriued of his Crowne by a superiour power doth not hold his liege Lord to be Soueraine in France that by the position of the French Church from aage to aage the Kings of France are not subiect vnto any censure of deposition by the Pope that his Holinesse hath no iust and lawfull pretence to produce that any Christian King holds of him by fealtie or is obliged to doe the Pope homage for his Crowne Well then for the purpose he dwelleth onely vpon the third point pretended questionable and this hee affirmeth If any shall condemne or wrappe vnder the solemne curse the abettours of the Popes power to vnking lawfull and Soueraigne Kings the same shall runne vpon foure dangerous rocks of apparent incongruities and absurdities First he shall offer to force and entangle the consciences of many deuout persons For he shall binde them to beleeue and sweare that doctrine Pag. 14. the contrary whereof is beleeued of the whole Church and hath bene beleeued by their Predecessors Secondly he shall ouerturne from top to bottome the sacred authoritie of holy Church and shall set open a gate vnto all sorts of heresie by allowing Lay-persons a bold libertie to be iudges in causes of Religion and Faith For what is that degree of boldnesse but open vsurping of the Priesthood what is it but putting of prophane hands vpon the Arke what is it but laying of vnholy fingers vpon the holy Censor for perfumes Thirdly hee shall make way to a Schisme not possible to bee put by and auoyded by any humane prouidence For this doctrine beeing held and professed by all other Catholiques how can we declare it repugnant vnto Gods word how can wee hold it impious how can wee account it detestable but wee shall renounce communion with the Head and other members of the Church yea we shall confesse the Church in all aages to haue bene the Synagogue of Satan and the spouse of the Deuill Lastly by working the establishment of this Article which worketh an establishment of Kings Crownes He shall
Chancery for other Benches I am not yet so well resolued of their Iurisdiction in that point And for my part I was neuer against Prohibitions of this nature nor the trew vse of them which is indeed to keepe euery Riuer within his owne banks and channels But when I saw the swelling and ouerflowing of Prohibitions in a farre greater abundance then euer before euery Court striuing to bring in most moulture to their owne Mill by multitudes of Causes which is a disease very naturall to all Courts and Iurisdictions in the world Then dealt I with this Cause and that at two seuerall times once in the middest of Winter and againe in the middest of the next following Summer At euery of which times I spent three whole daies in that labour And then after a large hearing I told them as Christ said concerning Mariage Ab initio non fuit sic For as God conteins the Sea within his owne bounds and marches as it is in the Psalmes So is it my office to make euery Court conteine himselfe within his own limits And therfore I gaue admonitions to both sides To the other Courts that they should be carefull hereafter euery of them to conteine themselues within the bounds of their owne Iurisdictions and to the Courts of Common Law that they should not bee so forward and prodigall in multiplying their Prohibitions Two cautions I willed them to obserue in graunting their Prohibitions First that they should be graunted in a right and lawfull forme And next that they should not grant them but vpon a iust and reasonable cause As to the forme it was That none should be graunted by any one particular Iudge or in time of Vacation or in any other place but openly in Court And to this the Iudges themselues gaue their willing assent And as to the Cause That they should not be granted vpon euery sleight furmise or information of the partie but alwayes that a due and graue examination should first precede Otherwise if Prohibitions should rashly and headily be granted then no man is the more secure of his owne though hee hath gotten a Sentence with him For as good haue no Law or Sentence as to haue no execution thereof A poore Minister with much labour and expense hauing exhausted his poore meanes and being forced to forbeare his studie and to become non resident from his flocke obtaines a Sentence and then when hee loookes to enioy the fruits thereof he is defrauded of all by a Prohibition according to the parable of Christ That night when hee thinkes himselfe most happy shall his soule be taken from him And so is he tortured like Tantalus who when he hath the Apple at his mouth and that he is gaping and opening his mouth to receiue it then must it be pulled from him by a Prohibition and he not suffered to taste thereof So as to conclude this point I put a difference betweene the trew vse of Prohibitions and the superabounding abuse thereof for as a thing which is good ought not therefore bee abused so ought not the lawfull vse of a good thing be forborne because of the abuse thereof NOw the second generall ground whereof I am to speake concernes the matter of Grieuances There are two speciall causes of the peoples presenting Grieuances to their King in time of Parliament First for that the King cannot at other times be so well informed of all the Grieuances of his people as in time of Parliament which is the representatiue body of the whole Realme Secondly the Parliament is the highest Court of Iustice and therefore the fittest place where diuers natures of Grieuances may haue their proper remedie by the establishment of good and wholsome Lawes But though my Speech was before directed to the whole Body of Parliament yet in this case I must addresse my Speech in speciall to you of the Lower House I am now then to recommend vnto your considerations the matter and manner of your handling and presenting of Grieuances As for the manner though I will not denie but that yee representing the Body of the people may as it were both opportunè and inopportunè I meane either in Parliament as a Body or out of Parliament as priuate men present your Grieuances vnto mee yet would I haue you to vse this caution in your behauiour in this point which is that your Grieuances be not as it were greedily sought out by you or taken vp in the streetes as one said thereby to shew a willingnesse that you would haue a shew made that there are many abuses in the gouernment and many causes of complaint but that according to your first institution ye should only meddle with such Grieuances as your selues doe know had neede of reformation or had informations thereof in your countreys for which you serue and not so to multiply them as might make it noised amongst the people that all things in the gouernment were amisse and out of frame For euen at the beginning of this very Session of Parliament the generall name of Grieuances being mentioned among you such a conceipt came in the heads of many that you had a desire to multiply and make a great muster of them as euery one exhibited what his particular spleene stirred him vnto Indeed there fell out an accident vpon this occasion for which I haue reason to thanke you of the Lower house I meane for your fire worke wherein I confesse you did Honour to me and right to your selues For hauing one afternoone found many Grieuances closely presented in papers and so all thrust vp in a sacke together rather like Pasquils then any lawfull Complaints farre against your owne Orders and diuers of them proceeding from grudging and murmuring spirits you vpon the hearing read two or three of the first lines of diuers of them were not content with a publique consent to condemne them and to discharge any further reading of them but you also made a publique bonefire of them In this I say you shewed your care and ielousie of my Honour and I sent you thankes for it by the Chancellour of the Exchequer a member of your owne House who by your appointment that same night acquainted me with your proceedings And by him also I promised at that time that you should heare more of my thankes for the same at the first occasion And now I tell you it my selfe that you may know how kindely I take your duetifull behauiour in this case But since this was a good effect of an euill cause I must not omit also to admonish you vpon the other part to take a course amongst your selues to preuent the like accident in all times hereafter otherwise the Lower house may become a place for Pasquils and at another time such Grieuances may be cast in amongst you as may conteine Treason or scandal against Me or my Posterity Therfore in this case looke ouer your ancient Orders follow them and suffer not hereafter
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
Pharises Hoc agite as the most principall yet I will say Et illud non omittite which that you may the better doe I haue allowed you a day more in your Circuits then my Predecessours haue done And this you shall finde that euen as a King let him be neuer so godly wise righteous and iust yet if the subalterne Magistrates doe not their parts vnder him the Kingdome must needes suffer So let the Iudges bee neuer so carefull and industrious if the Iustices of Peace vnder them put not to their helping hands in vaine is all your labour For they are the Kings eyes and eares in the countrey It was an ancient custome that all the Iudges both immediatly before their going to their Circuits and immediatly vpon their returne repaired to the Lord Chancellour of England both to receiue what directions it should please the King by his mouth to giue vnto them as also to giue him an accompt of their labours who was to acquaint the King therewith And this good ancient custome hath likewise beene too much slacked of late And therefore first of all I am to exhort and command you that you be carefull to giue a good accompt to me and my Chancellour of the dueties performed by all Iustices of Peace in your Circuits Which gouernment by Iustices is so laudable and so highly esteemed by mee that I haue made Scotland to bee gouerned by Iustices and Constables as England is And let not Gentlemen be ashamed of this Place for it is a place of high Honour and great reputation to be made a Minister of the Kings Iustice in seruice of the Common-wealth Of these there are two sorts as there is of all Companies especially where there is a great number that is good and bad Iustices For the good you are to enforme me of them that I may know them thanke them and reward them as occasion serues For I hold a good Iustice of Peace in his Countrey to doe mee as good seruice as hee that waites vpon mee in my Priuie Chamber and as ready will I be to reward him For I accompt him as capable of any Honour Office or preferment about my Person or for any place of Councell or State as well as any Courteour that is neere about mee or any that haue deserued well of me in forreine employments Yea I esteeme the seruice done me by a good Iustice of Peace three hundred miles yea sixe hundred miles out of my sight as well as the seruice done me in my presence For as God hath giuen me large limits so must I be carefull that my prouidence may reach to the farthest parts of them And as Law cannot be honoured except Honour be giuen to Iudges so without due respect to Iustices of Peace what regard will be had of the seruice Therefore let none be ashamed of this Office or be discouraged in being a Iustice of Peace if he serue worthily in it The Chancellour vnder me makes Iustices and puts them out but neither I nor he can tell what they are Therefore wee must bee informed by you Iudges who can onely tell who doe well and who doe ill without which how can the good be cherished and maintained and the rest put out The good Iustices are carefull to attend the seruice of the King and countrey for thanks onely of the King and loue to their countrey and for no other respect The bad are either idle Slowbellies that abide alwayes at home giuen to a life of ease and delight liker Ladies then men and thinke it is enough to contemplate Iustice when as Virtus in actione consistit contemplatiue Iustice is no iustice and contemplatiue Iustices are fit to be put out Another sort of Iustices are busie-bodies and will haue all men dance after their pipe and follow their greatnesse or else will not be content A sort of men Qui seprimos omnium esse putant nec sunt tamen these proud spirits must know that the countrey is ordained to obey and follow GOD and the King and not them Another sort are they that goe seldome to the Kings seruice but when it is to helpe some of their kindred or alliance So as when they come it is to helpe their friends or hurt their enemies making Iustice to serue for a shadow to Faction and tumultuating the countrey Another sort are Gentlemen of great worth in their owne conceit and cannot be content with the present forme of Gouernement but must haue a kind of libertie in the people and must be gracious Lords and Redeemers of their libertie and in euery cause that concernes Prerogatiue giue a snatch against a Monarchie through their Puritanicall itching after Popularitie Some of them haue shewed themselues too bold of late in the lower house of Parliament And when all is done if there were not a King they would be lesse cared for then other men And now hauing spoken of the qualities of the Iustices of Peace I am next to speake of their number As I euer held the midway in all things to be the way of Vertue in eschewing both extremities So doe I in this for vpon the one part a multitude of Iustices of Peace in the countrey more then is necessary breeds but confusion for although it be an old Prouerbe that Many handes make light worke yet too many make slight worke and too great a number of Iustices of Peace will make the businesse of the countrey to be the more neglected euery one trusting to another so as nothing shall bee well done besides the breeding of great corruption for where there is a great number it can hardly bee but some will bee corrupted And vpon the other part too few Iustices of Peace will not be able to vndergoe the burthen of the seruice And therefore I would neither haue too few nor too many but as many in euery countrey as may according to the proportion of that countrey bee necessary for the performing of the seruice there and no more As to the Charge you are to giue to the Iustices I can but repeat what formerly I haue told you yet in so good a businesse Lectio lecta placet decies repetita placebit And as I began with fulfilling the Prouerbe A Ioue principium so will I begin this Charge you are to giue to the Iustices with Church-matters for GOD will blesse euery good businesse the better that he and his Church haue the precedence That which I am now to speake is anent Recusants and Papists You neuer returned from any Circuit but by your accompt made vnto me I both conceiued great comfort and great griefe Comfort when I heard a number of Recusants in some Circuits to be diminished Griefe to my heart and soule when I heard a number of Recusants to be in other Circuits increased I protest vnto you nothing in the earth can grieue mee so much as mens falling away from Religion in my dayes And nothing so much ioyes mee as when
that Religion increaseth vnder mee GOD is my witnesse I speake nothing for vaine-glory but speake it againe My heart is grieued when I heare Recusants increase Therefore I wish you Iudges to take it to heart as I doe and preuent it as you can and make me knowen to my people as I am There are three sorts of Recusants The first are they that for themselues will bee no Recusants but their wiues and their families are and they themselues doe come to Church but once or twice in a yeere inforced by Law or for fashion sake These may be formall to the Law but more false to GOD then the other sort The second sort are they that are Recusants and haue their conscience misse-led and therefore refuse to come to Church but otherwise liue as peaceable Subiects The third sort are practising Recusants These force all their seruants to bee Recusants with them they will suffer none of their Tenants but they must bee Recusants and their neighbours if they liue by them in peace must be Recusants also These you may finde out as a foxe by the foule smell a great way round about his hole This is a high pride and presumption that they for whose soules I must answere to GOD and who enioy their liues and liberties vnder mee will not onely be Recusants themselues but infect and draw others after them As I haue said in Parliament house I can loue the person of a Papist being otherwise a good man and honestly bred neuer hauing knowen any other Religion but the person of an Apostate Papist I hate And surely for those Polypragmaticke Papists I would you would studie out some seuere punishment for them for they keepe not infection in their owne hearts onely but also infect others our good Subiects And that which I say for Recusants the same I say for Priests I confesse I am loath to hang a Priest onely for Religion sake and saying Masse but if he refuse the Oath of Alleagiance which let the Pope and all the deuils in Hell say what they will yet as you finde by my booke and by diuers others is meerely Ciuill those that so refuse the Oath and are Polypragmaticke Recusants I leaue them to the Law it is no persecution but good Iustice And those Priests also that out of my Grace and Mercy haue beene let goe out of prisons and banished vpon condition not to returne aske mee no questions touching these quit me of them and let mee not heare of them And to them I ioyne those that breake prison for such Priests as the prison will not hold it is a plaine signe nothing will hold them but a halter Such are no Martyrs that refuse to suffer for their conscience Paul notwithstanding the doores were open would not come foorth And Peter came not out of the prison till led by the Angel of God But these will goe forth though with the angel of the Diuell I haue giuen order to my Lord of Canterbury and my Lord of London for the distinction c. of the degrees of Priests and when I haue an accompt from them then will I giue you another charge concerning them Another thing that offendeth the Realme is abundance of Ale-houses and therefore to auoyd the giuing occasion of euill and to take away the root and punish the example of vice I would haue the infamous Ale houses pulled downe and a command to all Iustices of Peace that this be done I may complaine of Ale-houses for receipt of Stealers of my Deere but the countrey may complaine for stealing their horses oxen and sheepe for murder cutting of purses and such like offences for these are their haunts Deuouring beasts as Lyons and Beares will not bee where they haue no dennes nor couert So there would be no theeues if they had not their receipts and these Ale-houses as their dennes Another sort are a kinde of Alehouses which are houses of haunt and receipt for debaushed rogues and vagabonds and idle sturdie fellowes and these are not properly Ale-houses but base victuallers such as haue nothing else to liue by but keeping houses of receipt for such kinde of customers I haue discouered a strange packe of late That within tenne or twelue miles of London there are ten or twelue persons that liue in spight of mee going with Pistols and walking vp and downe from harbour to harbour killing my Deere and so shift from hold to hold that they cannot be apprehended For Rogues you haue many good Acts of Parliament Edward the sixt though hee were a child yet for this he in his time gaue better order then many Kings did in their aage You must take order for these Beggars and Rogues for they so swarme in euery place that a man cannot goe in the streetes nor in the high wayes norany where for them Looke to your houses of Correction and remember that in the chiefe Iustice Pophams time there was not a wandering begger to bee found in all Somersetshire being his natiue countrey Haue a care also to suppresse the building of Cottages vpon Commons which are as bad as Alehouses and the dwellers in them doe commonly steale Deere Conies sheepe oxen horses breake houses and doe all maner of villanies It is trew some ill Iustices make gaine of these base things take an accompt of the Iustices of Peace that they may know they doe these things against the will of the King I am likewise to commend vnto you a thing very necessarie High-wayes and Bridges because no Common-weale can bee without passage I protest that as my heart doeth ioy in the erection of Schooles and Hospitals which haue beene more in my time then in many aages of my predecessours so it grieues mee and it is wonderfull to see the decay of charitie in this how scant men are in contributing towards the amendment of High-wayes and Bridges Therefore take a care of this for that is done to day with a penie that will not bee done hereafter with an hundred pounds and that will be mended now in a day which hereafter will not be mended in a yeere and that in a yeere which will not bee done in our time as we may see by Pauls Steeple Another thing to be cared for is the new Buildings here about the Citie of London concerning which my Proclamations haue gone foorth and by the chiefe Iustice here and his Predecessor Popham it hath bene resolued to be a generall nusans to the whole Kingdome And this is that which is like the Spleene in the body which in measure as it ouergrowes the body wastes For is it possible but the Countrey must diminish if London doe so increase and all sorts of people doe come to London and where doeth this increase appeare not in the heart of the Citie but in the suburbes not giuing wealth or profit to the Citie but bringing miserie and surcharge both to Citie and Court causing dearth and scarsitie through the great prouision of