of Christendome haue beene so Blinde-folded or Hood-winked that they could not perceiue the Fearfull Encrease of the Church Rents and Ritches with the Pernicious Evils bred and brought in with them vnto the time that things were past remedie almost and that the Church had nearlie devoured the State in everie part We reade in the Histories that before the Separation of the Church of Rome made by LUTHER tryall being taken and Explorations by Kings and States who began to bee jealous of the Church Ritches it was found that through all the Christian Countreyes of Europe the hundreth part of the People did possesse the tenth part of the Revenewes of all at least aboue the Fisque of Testaments of Lands and Mooueables largelie legaced to them Wee finde againe in the French Wryters that the Yeare 1513 the like Search beeing curiouslie made in France it was proved that the whole Rents and Emoluments of that Countrey being set to twelue parts the Ecclesiasticall Persons did possesse seaven there-of there being found by this Disquisition with-in the Provinces of France 12 Archbishoprickes 104 Bishopricks â—40 Abbayes 27400 Curiesâ— and danger to haue beene hudge manie moe Curies if Pope Iohn the twentie two had not abolished the Decreet of Pope Nicolaus who permitted that all Mendicant Religious should enjoy the Fruits of Lands left to them by Laicke Persons the propertie of the Land being sayde to belong to the Popes them-selues An impudent Subtiltie to cover the Violation of the Mendicant his oath of Povertie seeing as the Law sayeth The Proprietie is vnprofitable to one where the Vsu-fruit is perpetuall to another So that Kings and States perceiving that if this kind of Claudestine Purchase of the Church and the daylie growing of her Ritches were not interrupted their People Territories would by tyme be stollen away They begaÌ„ everie-where almost to intercept it King Edward the first of England prohibited by a Law that anie Church-Man should conquish Lands or succeed to Legacies King Henrie the eight tooke from the Church King Charles the fift of Spayne made the lyke Prohibition to the former in the Low-Countreyes agaynst Church-Conquishes and Legacies And at this day the Venetians besides the Exterminion of the Iesuites haue done the same and so haue Florence and other Princes of Italiâ— done the lyke Otherwise it had come to passe with-in few Yeares that whole Italie had bene as one Closter But wee are not to bee jealous of this point here our Church is plagued with the contrarie Extreame Comming now according to the Order proposed in the beginning of this Treatise to speake of our Conceived Feares for the Reformation intended of Tythes first it is a Question of Theologie and I am no Doctor there next it belongeth but per accidens to this Purpose lastlie it is a Subject vnplausable to treat of in this Tyme by anie who would speake vprightlie But as Sainct Iohn sayeth The Trueth shall make thee Free I shall neede no other Apologie but to follow the Veritie in that I meane to write where-of I shall make no long Discourse which were both impertinent and vnnecessarie in a thing so current well vnderstood alreadie and so largelie learnedlie written of by manie both Scottish English but restraining my selfe to two or three Circumstances where-of some haue not beene remarked by anie that I haue yet read vpon this Argument The Originall Mention of Tythes in the Scripture by the Practise of AbrahaÌ„ in Genesisâ— The devoting of theÌ„ by GOD'S own Mouth to Moses in Leviticus the End Vse of theÌ„ in Deuternomie And the ExecratioÌ„ Cursing of things once devoted made sacred by GOD Himselfe in Numbers in Ioshua are Texts so cleare indisputable that at least for the tyme of the Law no Man doth questioÌ„ All that we goe about who be Opponents to Evangelicall Decimation is to enforce that Tenthes were ceremoniall in the Mosaicke ending with Consummatum est and haue no warrand in the Gospell where CHRIST in two places only doth speak of Tythes of the Mint and Annise These ought yee to haue done and not omit the other And againe in Luke comparing betwixt the Publicane and Pharisee who vaunted of the just Payment of his Tenthes CHRIST did blame onlie his Ostentation not his Payment of the Tenthes To both which Places wee make this Answere That at that time the Ceremoniall Law was in full strength and aye vntill Consummatuâ—â—est And for that respect CHRIST did suffer the Payment of Teâ—â—es And wee say Seeing CHRIST hath changed both the Priesthood and the Law and supplied their Rowmes and hath given no Order for the Church Revenewes of Tenthes therfore he hath abolished the same Againe CHRIST about the sending foorth of His Apostles and speaking of their Mayntaynance Matth. 10. Provide neither Silver nor Golde in your Purses for the Worke-man is worthie of his Meat Here he maketh no MeÌ„tion at all of Tenthes as the Place did require in Case the Tenthes had bene due to the Church Thus wee cast it over to the Apostles and there wee doe also pretend the same Argument That where Sainct Paul 1. Cor. 9. doth pleade at large for Mayntaynance he keepeth him-selfe vpon Generall Termes without anie Mention of Tenthes who feedeth a Flocke doeth not eate of the Milke thereof If we haue sowne Spirituall things to you is it a great thing if we reape your carnall thinges Thou shalt not muzzell the mouth of the Oxe that treadeth out the Corne. And so we say albeit CHRIST and His Apostles haue allowed Livinges for Preachers yea let theÌ„ bee never so ample yet they haue not tyed vs to a nuÌ„ber wherevnto the Answeres are made that Sainct Paul in the same Chapter hath included the Tenthes by the Generall in these wordes Hee that ministreth about holie thinges must liue of the Temple and the Wayters on the Altar on the thinges thereof That by the things of the Temple and the Altar are signified the Tenthes albeit hee did not expresse it in regarde they vvere then in the Hands of the Pharisees and could not be challenged nor gotten by Law by Private and Poore Men as the Apostles were but contrarie should haue increased the Malice of the Iewes agaynst them in Case they had beene sought Farther we studie to proue that Tythes were Ceremoniall First by reasoÌ„ of an Absolute Only Place whervnto they were broght to Hierusalem Secondly because of the Number whereby speciallie we contend to exclude the Moralitie of Tenths astrict them to a Ceremonie seeing Naturall ReasoÌ„ would as wel alow the Eleventh as the Tenth Portion or the Twelft rather because the Levites were one of the xij Tribes And lastly for their Employment at HierusaleÌ„ as we haue it Deut. 14. If the way be long that thou art not able to carrie thy Tenthes where the Lord hath chosen to set His Name then thou shalt turne
to bee lamented eternallie that those Parricidies committed now in Spayne after the manner of the Mahumetane Superstition not as Crymes to bee repented but as Religious Traditions and Deeds of great Merite when the life of one Man or a few Men if it were of our Brethren or Children are taken and sacrificed for preservation of the publicke Tranquillitie both of Church and State chiefelie in great and Monarchicall Kingdomes where Religion doeth shoot out with a growing and flowrishing Empyre Alace is not this the Fyre of Moloch and the sacrificing of our Children to those bloodie and savage Gods This is a Fascination and stupiditie of the Mynde in the highest Degree And heere it is where that powerfull Circe of Superstition hath transformed those Kings reallie into Beastes that wittinglie and willinglie they haue cast off both Sence and as it were Shape of Humanitie that the greatest Vlysses of the World is not able by anie Oratorie to reclaime them In the meane-time it is a Case that doeth admonish Neighbour-Princes to bee of constant Pietie and Devotion towards GOD and their Domesticke Servants to bee vigilant and studious for the avoyding of that kinde of claudestine Dangers And O what great cause wee haue to render thankes to the MOST HIGH for that that our late Soveraigne of blessed memorie did escape the Insidiation and bloodie Knyfe of such Butchers hee who was the most conspicuous Marke whereat they did shoot and of whom their curious casters of Horosâ—ops and malignant Astrologues did so often prognosticate that his ende should not bee peaceable Fourthlle wee are to weigh the Strength and Soliditie of this great and growing Empyre to see if wee can explore and finde out anie Weaknesse Breach or Advantage to bee gained since they are our Capitall and mightie Enemies of whom it is not likelie that long wee shall bee fred Al-be-it it be true that it is not so much governed by the Sword as by Graue and Sage Councell which is never a whit diverted from their Plots and Purposes by the death of anie King where-in standeth no Question a chiefe point of the Firmnesse and Perpetuitie thereof Yet it cannot bee denyed that for aboundance of Money for militarie Discipline and for great numbers of good Souldiours which three bee as the Nerves Veines and grosse Bodie of the Warres they too farre exceede their Neighbours Alwayes for the first I say that the light of Reason sheweth mee that the greater Fortitude doeth aye consist in the greater Vnion Vis vnita fortior There is no perfect Strength but in GOD because there is nothing meerelie and simplie Vnike but GOD The Strength of Nature dependeth from her Compaction Vnion and Sympathie of her well-conjoyned Members This made Augustus to abandone and neglect the Longinque Provinces beyond Caucasus and Taurus and here in Great Britane by mayntaynance where-of they did receiue greater domage than could bee countervalued by anie Benefit to bee had there-fra in time of Peace saying that as there were two Defaultes that made the naturall Bodie imperfect that which was too small and vnder a proportion naturall and againe that which was aboue too big superstuous and vnwealdie called by the Physitions Plethera and Endeiat Even so it was in the Civill Bodie of the State and there-fore did hee recommend to his Successor the Limitation of the Empyre vnited and consolidated within the Marches of Euphrates Danubius and the Westerne Occean forbearing to haue more care of the most remote and disjoynted Provinces which did not other but teach the Discipline militare to barbarous Nations who were ignorant of it Where-vpon sayeth Tacitus Longa oblivio Britanniae etiam in pace consilium id Augustus vocavit maxime Tiberius Henrie King of Castile who died Anno 1217 without Children having two Sisters of whom the elder had beene married to Lewes the eight of France the youngest to Alphonsus King of Leon in Spaine The Castilians by publicke Parliament did declare the youngest to the Crowne of Castile albeit against their Law yet convenient in the nature of things sayde they seeing Castile and Leon were Cosines and easilie did incorporate they had one Language and Manners nothing different where-as France was naturallie divided from them by the Mounts Pirenees of diverse Languages and discrepant Manners thinges difficill to bee vnited vnder one King Of Examples of this kynde the Histories bee full of Princes and States who stryving to possesse thinges farre removed and dis-joyned from them and disconvenient in Nature albeit their Titles to them were just yet after manie yeares enjoying of theÌ„ with much Warre Trouble they haue bene in end forced to quite them being things altogether improfitable aâ— the English of Aquitane and Guyen the French of Naples the Venetians of Pisa and some Territories of Genua the Germane Emperour of some Cities in Italie of all which they haue nothing this day but the Burials of their Predecessours in which respect to returne to the purpose I may say of the Spanyard that it is not all Gold that glistereth his great Empyre is patched of things dismembred discommodious and disconvenient in Nature hee hath Navarre divided by the Pirenees in part and naturallie incorporate to the mightie Kingdome of France hee hath Milan divided by the Alpes Naples by both those and by the Apemmie too and both but members of the bodie of Italie Flaunders separated by interjection of France and Switzerland the Indees by the great Occean that if wee shall consider all the mightiest Monarkes wee shall finde none so weake and obnoxious in that behalfe so farre that it is more easie for France England Holland and Denmarke to put into Spaine 50000 Souldiours than for Spaine it selfe to transport thither from their owne Provinces 20000. Againe Kings are set aboue their People as the Sunne aboue the Earth and Seas who draweth vp the Moistures where-with hee doeth partlie feed his owne Flames and partlie converteth them in Raines to refresh the Seas and nowrish the Earth yet it is thought that hee beholdeth his Provinces often-times as Clowds without Raine hee draweth nothing from them but glorious and airie Titles of Ambition yea hee must goe search the Bellie of the Earth vnder another Hemispheare to sucke the Vapours that must entertaine them for if it were not by his Treasures of the Indees it is judged that hee were not able to brooke them The yeare of their last Pacification with Holland I did heare into Brusels by some of his entire Counsellours that since the first entrie of those VVarres hee had spended of his proper Fiances aboue the Rents of Flaunders 60 Millions I did heare about that same tyme at Naples and Milan by those of good intelligence in his Affaires that his whole Revenewes there were morgadged and that hee was greatlie indebted aboue and that hee was often-tymes so scarced of Moneyes that at Antwerpe Genuâ— and other Bankes hee did pay more than
thirtie for the hundreth which Inconveniences doe all result from this that his Provinces are not contiguous nor incorporate And yet it being so wee are not to vilipende our Enemies no even those Provinces doe bring notable increase to his Grandour they are as the Heads or Hearts of the Countreyes where they lye they are most fertile flowrishing and rich for themselues and vpon extraordinarie Necessities able to advance to him infinite summes of Money planted they are to the full with industrious People They are the Seminaries of his Milice which doe breede vnto him good store of wittie Counsellours skilfull Commanders and braue Souldiours And how-so-ever they yeelde nothing to his Coffers yet the Vice-rayes and Governours sent thither who commonlie are of his nearest Parentage they doe loade them-selues with Ritches by the Mechanicke Tyrannies that they are permitted to exercise and at the ende of their three yeares which is the period of their Reigne they doe returne to Spaine as clogged Bees with Honey to their Hyves which I confesse to bee of as great importance and profite to him as if those did come directlie to his owne Coffers for why a great Monarch hath not so good a Treasure as trafficable Countreyes and Subjects vertuous and full of VVealth for then doe Moneyes abound and People doe serue their Prince in Offiâ—es of Peace or VVarre with contentment and splendor both But if an avaritious Prince doe studie to collect and amasse Ritchâ—s to lay in store by too much pressing of his Subjectes then they are discowraged from their Trades the Fruites where-of they are not suffered to enjoy Vertue decayeth that should enritch the Countrey and the cowrage of Men fayleth when time of VVarre doeth come So that the best Politickes that haue beene holde that the Ritches of mightie Kings are not so much to bee esteemed by their Ordinarie Rents as by the Extraordinarie Meanes they haue to lift Moneyes vpon great necessitie of the which Meanes that Prince doeth robbe him-selfe who maketh his Subjects poore to fill his Coffers And they doe thinke that as ritch was Lewes the twelft of France whose yearlie Rent did not exceede one Million and an halfe as Francis the first vnder whom it arryved at three or Henrie the second who doubled that or yet the third who did multiplie it to ten Millions Those Provinces of Flaunders being courteouâ—â—e ruled by Charles the fift and by his Sonne Philip with more moderation after the returne of the Duke de Alva they are found in the Histories to haue advanced willinglâ—e to those two Kings in the space of nine Yeares twentie-three Millions of Crownes which made them to bee called the Northerne Indees of the saide Empyre and which they could not possiblie haue done if hee had lifted grosse yearlie Rents from them So that the Prince who doeth thus tender his People is saide to haue his Treasures more sure in the custodie of his Subjects than if they were collected to his Coffers For as they wryte hardlie can Treasures bee saved in the hands of Princes even in tyme of Peace by reason of so manie occasions as they embrace to disperse them to the splendor of their Courts their bountie to their Favorites publicke and popular showes employment of Ambassadours vpon light causes which perhaps had not beene taken notice of if the Coffers had beene emptie and such like or it may bee say they that aboundance of present Moneyes doeth a-wake Ambition and Pryde more than is expedient for their Prosperitie and quiet of their People And it is even a difficill thing of it selfe to keepe thinges that are much desired and of manie namelie hard to great Kinges vpon whose bountie so manie greedie and importune Suters doe depende and hing Difficilis magni custodia census Or if a temperate and prudent Prince can saue them from all these and leaue them to his Successour yet seldome doe we find in the Stories that they haue bene converted to anie happie vse Tiberius the Emperour left behind him 67 Millions and his Successour devoured them in one yeare Domitian and Antonius Caracalla did consume at their pleasures and ryot the Treasures of Vespasian and of Septimius Severus Cyrus left 50 Millions of golden Crownes his Enemie did carrie them Darius left 80 Millions Alexander the Great did spend them Sardanapalus left 40 to his Enemies Pope Iohn the 22 did leaue 33 Millions to the avarice of his Successours Nephewes and Favorites Stephen King of Bosna had his Skinne fleede from his Bodie by Mahomet the second because hee did not employ his Treasures to the safetie of him-selfe David as wee finde 1. Chron. last Chap. left behinde him 120 Millions which was the greatest Treasure ever heard of not to the arbitrement or appetites of his Successour but by the speciall appointment of GOD to the building of the Temple Farther wee may draw an Argument from an article of the Law of GOD Deut. 17 Where Kings are forbidden to multiplie Silver and Gold to them-selues either for taking away the occasions of Aggravations and Imposts on Subjects or of excessiue Prodigalitie of their Courts or Pryde of moving vnjust and vnlawfull Warres or to invite them to employ the superplus of their yearlie Rents to present workes of Pietie or Charitie or advancement of the Common-wealth one way or other Augustus did furnish great summes of Money to the People without Interesse sayeth Suetonius Quoties ex damnatorum bonis pecunia superflueret vsum ejus gratuitum iis qui cavere in duplum possent indulsit to those of meane and sober estate who were able to set Cautioners for the double of the principall And of the Emperour Alexander Severus sayeth Lampridius Foenus publicum trientarium exercuit pauperibus plerisque sine usuris pecunias dedit ad agros emendos â—eddendas paulatim de fructibus that is foure for the 100 to those of middle reasonable estate and to the Poore without Interesse And of Antoninus Pius Iulius Capitolinus doth affirme the same So that it hath beene thought by manie that Treasures reserved in the handes of Princes bee but like Cisterns and reserues of Water which may be soone exhausted by daylie taking from them because they haue no Fountaine and againe that the same being in the hands of the People exposed to daylie Exchange and Traffique is like vnto a running River whose source cannot bee dryed vp As Cornes doe not yeelde encrease that are locked in Gâ—rnels but the seede dispersed through the ground is the thing that doeth multiplie so are the Moneyes dispersed in popular Trades onelie fruitfull Neither doe I alleadge anie of these as if Kings and speciallie great ones must not haue Royall and Magnificke Rents for it is not possible for vs who bee private Subjects to know how manie necessarie occasions doe daylie occurre to them of great and vast Expenses neither must wee bee curious for that part That Princes are
Kings did lose in Battels yea and frequent Battels ten or twentie or thirtie thousand Men when Scotland was not so populous What should wee then doubt nor wee bee able now to make great numbers and that is alwyse easilie tryed by Rolles of Weapon-showes if they bee diligentlie noted and so what doe wee lacke of Warre but Armour Discipline and Mayntaynance And certainlie it is strange that in this great appearance of Warres the two or three yeares by-gone no order hath bene given to bring able men vnder Discipline Wee heare and haue read that even in Spaine when the Countrey-Youthes of vulgar kinde are in-rolled for the Milice and brought to Cities for Discipline they doe looke as most vile and abject Slaues if one haue Sockes hee wanteth Shooes and manie doe want both if another haue Breaches hee wanteth the Doublet pitifull Bodies and our of countenance but when they bee exercised during two Moneths and once put into Apparell then they are seene of most haughtie Carriage and to walke as Captaines in the Streets Why then are wee not to expect the lyke of our People if lyke paines were taken and if in everie Shyre 〈◊〉 Men expert in the Souldierie were set a-worke to in-roll and bring vnder Captâ—ines and Discipline those who were most fitting for the Warres no doubt but our basest Clownes should grow both to civill conversation and cowrage There hath never beene yet anie great State carelesse of the Militarie Seminaries not in times of most solemne and sworne Peace As for Allyance Leagues or Confederacio in Warres they are indeede not onelie necessarie but as I haue saide before even naturall to bee for the safetie of smaller States or Princes from the tyrannie and violence of the mightier But with-all they haue beene often-times subject to one of two great Inconveniences either to Pryde for Preferment or Prioritie of place during Warres where-thorow what dangers did ensue in that famous Confederacie for the Battell of Lepanto because of emulation betwixt Don Iohn de Austria and Vinieri the Admirall of Venice the Storie doeth beare it at length and al-be-it it pleased GOD in His mercie to favour the present action yet the rememberance of that Contestation did debrash all farther prosecution of that glorious and holie Enterpryse and vtterlie dissolue that Christian Vnion Neyther is it a new thing al-though I bring this late Example for it The Romanes in their beginnings being confederate with the Latines in a League offensiue and defensiue the Latines did challange Paritie of Governement Si societas aequaâ—io juris est sayeth Livius cur non omnia aequantur cur non alter ab Latinis Consul datur vbi pars vivium ibi imperij pars Tum consul Rom audi Iupiter baec scelera perigrinos Consules c. If societie bee an equalitie of things Why are not all things made equall to vs and why should not one of the two Consuls bee a Latine Where-vnto the Romanes did answere by attesting Iupiter that it was an impious demande to haue a stranger Consullover them Or againe Leagues are subject to fraudfull desertion of some of the Sociation in time of greatest Danger Wherof the World is full of daylie experience I will remember that of Lodowicke Duke of Milan who vpon malice against the Aragones of Naples did procure King Charles the eight of France pretending some Title to Naples to bring a great Armie into Italie joyned with him a Confederacie of divers of his Friends in Italie But seeing the said King to passe thorow so fortunatelie and to behaue him-selfe as a Conquerour in manie of their Townes and to enter peaceablie in Naples without that anie Teeth were showed against him as the King returned from Naples home-ward the same Duke did negotiâ—te a League of the greatest PoteÌ„tates against him who did constrayne him to fight a Battell at Forum Novum vnder the Apennine where hee did hardlie escape with his lyfe although hee over-threwe them I haue tolde you alreadie how Philip the second of Spayne did desert Don Sebastian of Portugall and betray him by a League but of all Examples for this Purpose that is most remarkable of the Confederacie drawne by Charles of Burgundie with the whole Princes of France agaynst Lewis the eleventh where-vnto they were so bended and willing that they did call it Bellum pro Rep. A Warre vnder-gone for the Common-wealth Which Confederacie that subtill King did dissolue as Clowds dispersed with the Wind before they could grow to Raine where-vpon sayeth the Wryter of the Historie De Comines That hee holdeth one partie stronger for him-selfe who doeth command absolutelie over 10000 than are ten Confederates against him al-be-it everie of them doeth command over 6000. To come to our Purpose There are as manie Christian Princes and States true Enemies to the Spanyard as are able to devoure him in two or three Yeares if it were possible to contract amongst them a Confederacie or League of Salt that is to say which might endure without Corruption of Fraude or Emulation And therefore heere must I say that all the Actions belonging to a King are of light importance compared to this to maturelie deliberate both of his owne Forces and of the trustinesse of Confederates before hee doe enterpryze VVare Alwyse when wee take but a single view of our Associates against Spayne wee should thinke it strange why they may not stand vnited beeing al-readie conjoyned by Viâ—initie of Neighbour-hood by Consanguinitie Affinitie communion of one Cause against a Common Enemie communion of one Fayth connected I say everie one of them by diverse of these Bandes our Soveraigne the King of Great Britane the French King his brother-in-Brother-in-law the King of Denmarke his Vncle the Princes of Germanie all knit to the Prince Palatine eyther in Blood in Religion or participation of one Feare of the House of Austria the Duke of Savoy who lyeth nearest to the Thunders and Threats of Spayne having a great part of his Territories circumscribed by them the Venetians who beholde his Garrisons daylie vpon their Frontiers gaping for some good oportunitie of Assault Holland and her Estates who haue beene so long protected and as it were fostered in the Bosome of the Crowne of England now who would not conjecture that this Tygers VVhelpe might bee surelie impailed amidst those mightie Hunters and that it were easie for them to bring him to his latter sweate I scorne heere to call in question what invincible Armies they might assemble by Sea and Land sufficient to robbe him of all that hee hath for it is thought that if after the taking in of Portugall England France Holland and other Confederates had then put into it amongst them all but 30000 Men with sufficient Shipping and Munition they had beene bastant to recover it and King Philip had beene forced to forbeare from the farther troubling of France or Holland And yet to treat this Point of so
the thing which would determine their Emulation as I haue said before they fought cruell Battels for it The Carthagenians had it and lost it often At length it did incline to the Romanes and with it the Soveraignitie also of Empyre Wee cannot erre to thinke that never a Monarch or mightie State did possesse such probable Meanes and such inexhaustable Mines more commodious for Extension and vniversalitie of Dominion as are the West Indees to the Spanyard if hee bee suffered to enjoye them peaceablie together with the other ritch Mines of Silver and great Revenewes that hee hath else-where Plinius helde Spayne the ritchest for Silver Mines in the World then in his tyme It is wonderfull sayde hee to see one onlie Silver Mine in Spayne broken vp by Hanniball and which yeelded to him 300 pound weight daylie to continue still now vnder Vespasian Hee hath diverse of the most fruitfull and questuous Countreyes of Europe as Naples Milane Sicilie Flanders beeing all of the Superlatiue Degree for Ritches and for vertuous Traffickes which are the Fountaynes from whence Ritches flow so it is indeed for wee reade in the Histories that Charles the fift of Spayne Emperour did draw yearlie more Moneyes out of the Dutchie of Milan than King Francis the first who lived with him did from whole France and more out of the Low-Countreyes than the King of England of his whole Kingdomes This is affirmed by French Wryters It beeing so may not I say with good vvarrand that saving Fatalitie and the secret providence of GOD the Kinges of Spayne shall bee once Masters of the Occidentall Worlde except that Neighbour Princes and States take it more in heart to oppose him than hither-to they haue done Bioâ— the Philosopher sayde that Money was the Nerue of Action and of all the Effayres of Men. And of him sayeth Plutarch that his speach doeth most touch the Actions of Warre where-in there was no doing at all without Money For why sayde hee a Captayne hath onlie two thinges to goe about eyther to draw Men together for Services of Warre or being together to leade them to their Services vvhere-of he can doe neyther vvithout Money Thucitides sayth that the People of Pelop. did often vexe them-selues and over-runne their owne Territories by short Warres and small Exployts because of their Povertie and want of Money to attende Warres The Foundator of that State Lycurgâ—s having by a Law prohibited the vse of Money there Agesil their King were into Aegypt with great Forces to bee mercenarie and serue for Money where-with hee might bee able to keep VVarres agaynst the Theb. who had almost ruinated his Countrey Alexander the Great before hee enterpryzed his VVarres did alienate what-so-ever hee had for provision of Money leaving no-thing to him-selfe but Hope Pompey the Great the tyme of his VVarres in Spayne agaynst Sertorius hee wrote to the Senate that if they did not sende him quicklie store of Money his Armie would goe from that Province Hanniball after he had defeated the Romanes by three great Battels did wryte as much to Carthage So if Money bee the strength of humane Actions as Bion sayde and principallie of Warre as Plutarch did subjoyne I say it is a thing no lesse than fearfull to suffer the Spanyard to brooke peaceablie his Traffique of the West Indees having there-by a greater meanes to enlarge his Dominions than either Rome or anie others haue hitherto had that of Rome was the greatest of anie tymes past Plinius calleth it a Sunne-shyning to the World but when their Towne was taken by the Gaules who were irritated by the vnjust dealing of the three Fabli they were forced to robbe their People of their whole Golde and Silver and did scarcelie finde so much as to pay the Ransome manie yeares there-after when they were so broken by Hanniball they were compelled to doe the same and were in such paine for want of Money that they had no meanes to redeeme 8000 Prisoners who were taken by him at the Battell of Cannas Now I doe not doubt but some Men will thinke that I haue sayde too much in affirming That the West Indees and Moneyes which the Spanyard hath may by length and tract of Tyme purchase vnto him the Western VVorld therefore I would preasse to show it this way By posing the Case that two things may concurre together which are possible enough to meere by progresse of Tyme First If the Spanyard should light at once vpon the lyke Treasure as hee got at the taking in of Peru where there was such plentie of Golde and Silver that the Bottle of Wyne was solde for 300 Duckates there a Spanish Cape at 1000 a Gennet of Spayne at 6000. And besides the fift part of all Moneyes generall in that Countrey payed to the King Charles the fift the king there-of Atabalipa payed to him for his Ransome ten Millions three hundreth twentie and sixe thousand Duckates in pure Golde at one tyme which was the first thing that made in these Countreyes of Europe the great alteration of all sorte of Merchandize Vivers and of the pryces of Land and al-most of the Manners of Men even as it fell out in Rome when Iul. Caes. brought thither the ritch Spoyles and Treasures of Aegypt that made vpon the sudden the Vsurie of Money to be diminished by the one halfe and the pryce of Land to be haughted by the other halfe For the second I put the Case that together with this Casualitie the Spanyard should finde the Humours of France so easie to bee practised and such Distemper and Distraction of Myndes amongst them as his Grand-father Philip the second did finde then when hee broached the holie League in France If these two should meere I put it to anie Man's contemplation if anie lesse could follow there-on than the conjunction of France to the Empyre of Spayne which Philip had even then obtayned if his Conquest of Portugall had not diverted him from it And may not these supposed two Cases arriue and come to passe together Vnlesse the vigilance and diligence of Neighbour Princes doe stop the Wayes where-by they must come assuredlie it is a thing most possible for why the French how-so-ever after they be beaten with the Miseries and Calamities of Warre they can for a whyle bee content to refresh them-selues with Peace and Quyetnesse yet that is but a Digression or a By-Strype from the Current of their naturall Humour which is to be volage and remoueant much delighted with present things having no long Projectes given to Change both of Apparell and Mynde joviall and of open Conversation of easie Familiaritie of amiable Countenance never silent but still in Complement and Discourse full of Noble and Courteous Carriage inclined to all sort of Gallantriâ— which doeth require great Charges of moderate Devotion suden and precipitant in their Resolutions and loving Innovations of State aboue all things that it is a wonder to see such Antipathie
and nowrish the Seedes of Civill Sedition Farther say they it doeth procure to those who possess◠chiefe Offices in perpetuitie too much Grandour and Authoritie it draweth away after it the Eyes and Dependance of the People and as it were stealeth a little of that Splendor that is due to the Royall Majestie and beeing in the Persons of great Subjectes prepareth the Way to Popularitie and Ambition Agayne they vvho reason agaynst the frequent change of Magistrates they vse that Argument vvhich the wittie Tyberius vsed vvhen his Friendes tolde him that he did continue Men in great Offices too long agaynst the Custome of that State hee sayde it vvas better for People to endure those vvho were al-readie satiate and full of their Blood meaning their Goods than vnder-ly the Hunger and Avarice of a new Entrant Nec enim parcit populis regnum breve With-all they say that the changeable Magistrate hath no Cowrage nor Boldnesse to administer Iustice but feareth the displeasure of Men being shortlie him-selfe to descend to a private Condition perhaps inferior to manie over whome hee is Iudge for the tyme So that betwixt these two Extremities one vvould thinke the Mid-way verie fitting to bee followed by prudent Princes vvhere they may neyther bee perpetuall nor much frequentlie changed vvhere they be only to the pleasure of the Prince and with-all made Syndicable and Censurable For certaynlie as all Men know vvho vnderstand Policie Histories there was never a Magistracie invented by Men that did ad more to the Vertue Increase and Stabilitie of a State than that of the Censor amongst the Romanes vvhen once a Yeare the Consuls the Senators the Generals the Knightes the Captaynes the Tribunes the Pretors the Questors all vvho had the meanest Intromission vvith the State did compeare tremble in presence of a Censor fearing Disgrace or Deposition from their Offices or Dignities The Spanyardes keepe in their Provinces of Italie an Image of this sort of Magistrate called by them Syndicator and so they doe in the State of Genua Of this they haue some shadow in England al-be-it not in the person of one Man by those who are called Their Court of Conscience And of this it seemeth that our Soveraigne King hath now erected an Image amongst vs if I be not misse-taken in establishing The Iudicatorie of Grievances Of the which Iudicatorie because Men doe dispute diversly as of a thing newe and vnknowne amongst vs I will shortlie consider two Circumstances which I trust shall serue some-what for our Information touching the Importance there-of First the Vse and Ende of it secondlie the Warrand and Auctoritie where-by it may be established For the first The Scope there-of is not onlie Politicke and Vertuous but of most Necessarie and Profitable Vse for the Common-wealth that is To purge the Land from devowring Cormorants and those who sucke the Blood of the People to wit Corruption of Iudges and Officers of State if anie be Extorsion of Seale-Keepers and Wryters to Seales exorbitant Vsurers Transporters of Coyne Detracters and Traducers of His Majesties Counsels and Actions all which being the Ground and Source of Publicke Povertie and Pillage are particularlie ordayned to vnder-ly this Iudicatorie And if there-with the Commission had bene also granted expresselie agaynst Transporters of Oxen Kyne and Sheepe whereby our Countrey is incredibly damnified and also agaynst all Prodigall and Profligate Persons who by Ryot of Lascivious and Distemperate Lyfe doe destroy their Patrimonie and there-with their Wyues and Children that such might bee punished according to the Custome amongst the ancient Greeks and Romanes then I say these beeing committed to the Censures of entire and intelligent Men there is no Policie that could more reallie yeeld manie Popular Comforts There is indeed a Generall Clause in this Commission vvhere-by His Majestie taketh Power to Him-selfe to referre there-vnto what-so-ever shall please Him agaynst the which wee seeme to take this Exception to say that this may import a Controlling Reduction of the Decreets of our Session if His Majestie would so a Practise thought too too extravagant and extraordinarie and yet this may be rather Mistaking than True Iudgement of those who thinke so vvhich I doe demonstrate in this manner We say there hath not beene neyther ought there to bee anie Appellation agaynst the Supreame Iudicatorie of our Session vnlesse it were ordayned by a Parliament this is our Exception but leaving the Hypothesis touching our Session I will take me in generall agaynst the Thesis it selfe to say thus farre That it is not onlie agaynst Christian Practise and Profession but agaynst Humanitie to holde That there should bee no Soveraigne Power aboue all ordinarie Iudges to soften and mittigate the Rigour of Lawes Quia summum jus summa injuria the Rigour of the Law is a Rigorous Oppression for Example A poore Man is found Yeare and Day at the King's Horne beside his knowledge perhaps for a naughtie matter of fiue or sixe Shillings Striveling where-by his Lyfe-Rent of such things as he hath falleth into the Hands of the Lord his Superiour who presentlie getteth before our Session a Declarator there-vpon in his Favours These Iudges cannot helpe this disstressed Partie because there is a Law standing agaynst him and they are sworne to the King who did place them to administrate Iustice according to the Law So manie such yea and more pittifull Cases doe daylie occurre before Ordinarie Iudges vvhere-in Conscience and Iustice stand in contrarie Tearmes that I need no more to exemplifie it The Iudges must giue way to Iustice and haue no power to mittigate yet no Man will deny that this kynd of Iustice is a grievous Oppression Here wee see a manifest Necessitie of Appellation to some Soveraigne Power who may dispense with Legall Rigour in Favours of weake and distressed Parties None can dispense with a Law but a Law-Giver No Subject is a Law-Giver Ergo No Subject may dispense with a jot of the Law except he haue Cōmission from Him who gaue the Law The power to moderate Legall Extremitie or to absolue from Lawes hath ever bene properlie annexed to that Soveraigne Majestie that gaue the Law in anie State whether that Soveraignitie was Popular or Princelie Before the Ejection of King Tarquinus by the Romanes it was annexed to the Royaltie as their Histories doe clearlie show After the Expulsion of their Kings that Soveraigne Majestie of giving Lawes vvas transferred to the People as wee may perceiue by the wordes vsed by the Senate when they did present anie Law to the People Quod bonum faustum felixque sit vobis Reipub. velitis jubeatis that is Ye will be pleased to authorize this Law which the Gods may grant may bee for the happinesse of your selues and of the Common-wealth And therefore vnto the People also as then the onlie Law-Givers was transferred the Power to dispense and absolue from Lawes and to that effect a
as wee see that the Consent of the World the Practise of all Ages these of our owne Nation doe giue to Kinges the Royall Priviledge of granting Grace and Remission from Lawes even where the LAW of GOD doeth ordayne Punishment by Death And the most temperate Christian Kings doe assume and exercise this Priviledge to pardon Persons Criminall for Slaughter at their owne pleasure It beeing so how much more ought the Royall Soveraignitie to haue this latter Appellation annexed vnto it from all Iudges and Causes Civill vvhere Legall Decreets are found to be hard and tyrannous Or if a King cannot bestowe this Grace vpon a distressed Subject to repledge him from the tyrannie of Law how can hee bee sayde to carrie in His Person a Soveraegne Power This Priviledge of a last Appellation in difficult Cases is not onelie proper to Soveraignitie but lykewyse a thing ever sought and challenged by Subjects as due vnto them to bee granted by their Kings Nero and Caligula Princes giveÌ„ to private Laesciviousnesse they did for their owne Ease and Freedome from Effaires ordayne that no Appellation should be froÌ„ the Senate vnto them but yet the Romanes would never quyte that Benefite of a latter Refuge to their Emperours And if we shall try thinges well wee should find that the present Practise of almost all Christian Princes hath put Commissioners or Lieuetennants in their Place to exercise that Poynt of the Soveraigne Majestie for receiving of latter Appellations in Causes Compassionable as the foure Courts of Spayne to which as to the Royall Soveraignitie there are Appeales from all Iudges Their Syndicators in their Provinces abroad are instituted to the same end and that so profitablie that there is not in any Christian State a surer Means for mayntaynance of Peace Iustice amongst People The Chamber Imperiall in Germanie vvhere-vnto there are drylie Appellatious from all the Cities Dutcâ—ies Counties Baronies within the whole Empyre In England they haue their Court of Conscience for the same vse and ende So that I doe thinke for this Commission for Grievances here presenting the King His owne person to receiue these latter Appellations due to the Soveraignitie albeit it seeme to bee a newe Iudicatorie of late Invention yet it is not so because it was ever incorporate and inseparablie included in the Soveraigne Maiestie I trust we will all thinke that nothing is more agreeable with Pietie Good Conscience than the allowing of such Appellations from Legall Rigour and Extremitie neyther anie thing more becomming the Soveraignitie that GOD hath placed in Christian Kinges than to receiue and heare them since Iudges Ordinarie may not doe it in the nature of their Office being sworne to administrate Iustice in Legall tearmes wanting power to dispense with Lawes vnlesse that His Maiestie vvould grant to the Lords of our Session the same Commission and Power appoynting some of them for Lawe and others for Conscience and so consolidate both the Offices in one Alwayes if the King ought or may heare the Grievances of His Subjects as due vnto His Soveraignitie and if he may doe so much in His own person then there is no doubt but He may doe it by Commissioners and must doe so because of Remotenesse of Plaâ—e for our Ease and because of multitude of Effaires for His owne Ease I thinke it not amisse heere to declare how our Historiographer Buchanan treating of the Originall Election of our Colledge of Iustice vnder King Iames the fift hee did esteeme it a meere Tyrannie if no Appellation should bee there-from Quando Collegiam Iudicum sayeth hee in his fourteenth Booke Edinburgi constitutum fuisset tamen qui sperabatur eventus non est consecutus nam cum in Scotianullae pene sint leges praeter conventuum decreta eaque pleraque non in perpetuum sed in tempus facta judicesâ—que quod in se est lationem legum impediant omnium civium bona quindecem hominum arbitrio sunt commissa quibus perpetua est potestas imperium plane tyrannicum that is to say When the Colledge of Iustice was planted and authorized at Edinburgh there did not follow there-on the good Events which were expected for there beeing no other Lawes in Scotland almost but Actes of Parliament and Iudges given so farre as lyeth in them to hinder the promulgation of Lawes the Lands Goods of all the Subjects were committed to the arbitriment of fifteene Men to whome was granted a perpetuall power and Authoritie playnlie tyrannous Now to proceede touching Ordinarie Magistrates As Lawes are not perpetuall so are not Magistrates everie-where nor at all tymes neyther is it absolutelie expedient or necessarie to be so albeit we must all confesse that it is not without great publicke detriment that old and faythfull Magistrates should be often changed yet the Current of States is so fluxable subject to so manie casuall Changes that very good Princes haue changed verie good Magistrates for verie good Causes Marc. Aurol going abroad through his Provinces to view and consider the Administration and Order of Iustice he did displace hang even of the best and speciall Magistrates because that hee vvould suffer no Man to beare Office in the Countrey where hee dwelt namelie a Great Man as if His Majestie should not permit a Noble-man inhabiting the North of Scotland to bee heritable Shyreffe or Lieuetennant there and respected there by that Meanes as a Prince Which kinde of doing as I vnderstand is observed thorow all Spaine where everie Iudge Ordinarie is a Stranger there where hee judgeth And oft-times as wee may reade into their Histories it hath beene acted by the Parliaments of France that two of one Familie should not bee of one Session and most sufficient Magistrates to haue beene remooved for that Respect and briefe there is no Question but Princes not onlie may change their Magistrates but doe often finde it verie good Policie to doe so being alwayes oblished to place into their Rowmes Men truelie sufficient for Knowledge and Sinceritie Plutarch a rare Man both for Morall and Statelie VVisdome saide against those who would establish perpetuall Magistrates Videmini aut non multi facere Magistratum aut non multos Magistratu dignos habere But I come to speake which appearinglie is not yet in Head of another Point of Reformation into our Seate of Iustice than the which there is nothing that would breede greater Solace to the whole Bodie of this Kingdome and would to GOD His Majestie should take it to Heart and bee truelie enformed of the Importance there-of And this is of the great numbers of Advocates who for their Commoditie Particular doe breed the longsomnesse of Processes that spoileth so manie good People and which manie good and great Kings haue endevoured to correct By this Abuse the Seate of Iustice is turned to bee a Sinke that draweth into it the greatest part of the Ritches of the Land and this aboue all
thinges doeth make so manie vnable to serue their Prince and Countrey These are the Men whom Cuiacius who knew them well did call Foecem vomitorium juris forensia pecora vulturesque togates the Dreg and Extrement of Lawes Confounders of Lawes Men who spue out their Braines in subtill Inventions to maske Lawes and make them of endlesse Dispute which is the reason why so manie of them doe possesse the Pallaces and Castels of their Clients This is an Abuse that the greatest of States haue beene by times forced to resent and goe about to reforme it The Ancients who were so contrarious to haue anie new sort of Imposts vpon their People they did for repressing of the noysome multitude of Advocates the wrackfull iniquitie of lingering Processes invent an Impost vpon everie Processe of Law even to the tenth part of the whole that Parties did pleade for as we reade in Festus Pompeius and Varro in his Bookes De Lingua Latina Diverse of the French Kinges namelie Lewis called Le Sainct who went into Africke against the Saracens hee did almost vtterlie extinguish this Trade of Advocation and did appoint as well Disputers as Hearers and Iudges of Processes who were not Mercenarie And hee him-selfe gaue ordinarie Audience to Causes in Pallaces and Gardens at certaine affixed Houres to that vse so did hee hate the Cavalliâ— as he did contemptuouslie call them of Advocates It was for manie Ages in France acted and observed for stopping of this Streame of Iniquitie and Spoile that commeth vnder Pretext and Name of Law that who did lose the Processe should pay the whole Charges and Expenses made by the Partie Gainer during the Pley This indeede seemeth to bee hard and rigorous and yet say these who stand for it that being compared with the other Extreame that is to say with this Insolence and Libertie of Advocates to make Lawes and Processes to bee endlesse it is the most easie and tollerable of the two and ten times more tollerable for why it should but restraine this foolish Frequencie of the Lawes and constraine Parties to more Friendlie Appointments of their Controversies at Home For Example if His Maiestie should make a Law by advice of His Parliament that all Processes vnder the availe of 10000 Marks should bee referred to so manie Noble-men or Barrons with so manie Church-men dwelling nearest vnto the Parties and that none should be heard to speake but the Partie him-selfe or his best informed Friends it were a great Reformation of this evill of Lawes And who doubteth but the Bodie of the People would gladlie embrace it for is there anie thing more ordinarie now than to see Men in the sute of a thousand Pounds spende as much perhaps before hee can haue it Againe wee reade of another Practise assayed in France for avoyding of this Inconvenient they had a kinde of Impost on their Subjects called Capitation Census where-by everie Man payed so much as for having libertie of a naturall Subject this they did abrogate as an Ignominious Exaction and in place there-of did erect an Impost vpon Lawyers Wryters and Superfluous Prodigalities as Parthian Furres Perfumes Fairding Cloath of Gold Indigo and such as these thinking that the most honourable and innocent Impost that could be layd vpon a People Wee reade againe into the lyfe of that famous Emanuel of Portugall of whom I spake before that hee was vvonderfullie given to this kinde of Reformation of the Evils and Abuses of Advocation Hee sent yearlie Visiters to all the Seats of Iustice with power to punish some vvith remoue all from their Places some vvith Mults of their Goods yea and with Death if the weightinesse of the matter of their Transgressions did merite so much He went about him-selfe to giue Personall Audiences Wee reade againe that in Rome vnder Pope Gregorie the tenth and Iohn the twentie one and Nicolaus the third it was intended and vrged by those Popes to eradicate and cast out that multitude of Advocates and Notars who as a noysome Vermine did gnaw the Bowels of their People but by reason of the brevitie of their lyues which as everie one knoweth doeth intercept manie good intended Policies there it tooke no Effect Againe in Switzerland Almanie and other Northerne Regions all Processes are decerned by deduction of Causes onelie by the Parties them-selues without anie Advocate at all In Venice their Supreame Seate of Civill Iustice called Quarantia consisting of 40 of the Nobilitie of Venice they doe sende out at ordinarie times of the Yeare a sort of Syndicators vvho goe to all the Iustice Seats through-out their Territories to censure their Proceedings and where they finde them to haue exceeded the short Dyet of Tyme appointed for decyding of Causes they doe remoue them and where they finde matter vvorthie of Appellation they bring it before the Quarartia where the Advocates get two severall Audiences everie of them to an Houre-Glasse and there is all Where-as heere our Advocates must haue not Houres nor Dayes nor Moneths nor Yeares but vvhole Ages if they please neither is there anie possibilitie of correcting this but by a Soveraigne and Absolute Misericord of His Majestie absolute I say even to take vpon himselfeâ— by his Regall Authoritie to breake downe that devowring Monster which they call the Order of their House consisting of so manie Steps and Degrees of Processe that it were better for a Meane Man to goe through the Fyre of Purgatorie than through these If His Majestie would weede foorth the most subtill Advocates and make them Iudges banish the most ignorant and employ to the Office of Advocation those of mid-ranke assigning vnto them so manie Dayes of Pleading without more As for Multiplication of Iudges it is rather profitable than perilous Quia multum aquae difficilius quam tantillum corrumpitur Et melius omnibus quam singulis creditur Et nemo omnes neminem unquam omnes fefellerunt Certaynlie without some Reformation of the Barre the Reformation of our Session for the vse of the Subjectes will bee without much perceiueable good If Reformation of things should bee by reducing of them to their first Institution doubtlesse the Foundation of our Session hath bene free from these multitudes of Advocates and as yet manie People doe liue vertuouslie and happilie where there be none permitted at all It were a notable Reformation if what Subiectes in Scotland doe employ this way to the mutuall over-throwe one of another it were saved and exacted for the service of the Common-wealth Alwayes to proceed for Reformation We reade in the French Histories that Lewis the eleventh finding manie Bayliries Shyreffships heritable annexed to the Houses and Successions of Great Men he did revoke and annull them making them not onlie changeable but Syndicable Of such wee haue great numbers in Scotland with verie great necessitie also of Reformation at least as is well knowne there beeing nothing more aliene