Inheritance to his children at his pleasure yea euen disinherite the eldest vpon iust occasions and preferre the youngest according to his liking make them beggers or rich at his pleasure restraine or banish out of his presence as hee findes them giue cause of offence or restore them in fauour againe with the penitent sinner So may the King deale with his Subiects And lastly as for the head of the naturall body the head hath the power of directing all the members of the body to that vse which the iudgement in the head thinkes most conuenient It may apply sharpe cures or cut off corrupt members let blood in what proportion it thinkes fit and as the body may spare but yet is all this power ordeined by God Ad aedificationem non ad destructionem For although God haue power aswell of destruction as of creation or maintenance yet will it not agree with the wisedome of God to exercise his power in the destruction of nature and ouerturning the whole frame of things since his creatures were made that his glory might thereby be the better expressed So were hee a foolish father that would disinherite or destroy his children without a cause or leaue off the carefull education of them And it were an idle head that would in place of phisicke so poyson or phlebotomize the body as might breede a dangerous distemper or destruction thereof But now in these our times we are to distinguish betweene the state of Kings in their first originall and betweene the state of setled Kings and Monarches that doe at this time gouerne in ciuill Kingdomes For euen as God during the time of the olde Testament spake by Oracles and wrought by Miracles yet how soone it pleased him to setle a Church which was bought and redeemed by the blood of his onely Sonne Christ then was there a cessation of both Hee euer after gouerning his people and Church within the limits of his reueiledwill So in the first originall of Kings whereof some had their beginning by Conquest and some by election of the people their wills at that time serued for Law Yet how soone Kingdomes began to be setled in ciuilitie and policie then did Kings set downe their minds by Lawes which are properly made by the King onely but at the rogation of the people the Kings grant being obteined thereunto And so the King became to be Lex loquens after a sort binding himselfe by a double oath to the obseruation of the fundamentall Lawes of his kingdome Tacitly as by being a King and so bound to protect aswell the people as the Lawes of his Kingdome And Expresly by his oath at his Coronation So as euery iust King in a setled Kingdome is bound to obserue that paction made to his people by his Lawes in framing his gouernment agreeable thereunto according to that paction which God made with Noe after the deluge Hereafter Seed-time and Haruest Cold and Heate Summer and Winter and Day and Night shall not cease so long as the earth remaines And therefore a King gouerning in a setled Kingdome leaues to be a King and degenerates into a Tyrant assoone as he leaues off to rule according to his Lawes In which case the Kings conscience may speake vnto him as the poore widow said to Philip of Macedon Either gouerne according to your Law Aut ne Rexsis And though no Christian man ought to allow any rebellion of people against their Prince yet doeth God neuer leaue Kings vnpunished when they transgresse these limits For in that same Psalme where God saith to Kings Vos Dij estis hee immediatly thereafter concludes But ye shall die like men The higher wee are placed the greater shall our fall be Vt casus sic dolor the taller the trees be the more in danger of the winde and the tempest beats sorest vpon the highest mountaines Therefore all Kings that are not tyrants or periured wil be glad to bound themselues within the limits of their Lawes and they that perswade them the contrary are vipers and pests both against them and the Common-wealth For it is a great difference betweene a Kings gouernment in a setled State and what Kings in their originall power might doe in Indiuiduo vago As for my part I thanke God I haue euer giuen good proofe that I neuer had intention to the contrary And I am sure to goe to my graue with that reputation and comfort that neuer King was in all his time more carefull to haue his Lawes duely obserued and himselfe to gouerne thereafter then I. I conclude then this point touching the power of Kings with this Axiome of Diuinitie That as to dispute what God may doe is Blasphemie but quid vult Deus that Diuines may lawfully and doe ordinarily dispute and discusse for to dispute A Posse ad Esse is both against Logicke and Diuinitie So is it sedition in Subiects to dispute what a King may do in the height of his power But iust Kings wil euer be willing to declare what they wil do if they wil not incurre the curse of God I wil not be content that my power be disputed vpon but I shall euer be willing to make the reason appeare of all my doings and rule my actions according to my Lawes The other branch of this incident is concerning the Common Law being conceiued by some that I contemned it and preferred the Ciuil Law thereunto As I haue already said Kings Actions euen in the secretest places are as the actions of those that are set vpon the Stages or on the tops of houses and I hope neuer to speake that in priuate which I shall not auow in publique and Print it if need be as I said in my BASILICON DORON For it is trew that within these few dayes I spake freely my minde touching the Common Law in my Priuie Chamber at the time of my dinner which is come to all your eares and the same was likewise related vnto you by my Treasurer and now I will againe repeate and confirme the same my selfe vnto you First as a King I haue least cause of any man to dislike the Common Law For no Law can bee more fauourable and aduantagious for a King and extendeth further his Prerogatiue then it doeth And for a King of England to despile the Common Law it is to neglect his owne Crowne It is trew that I doe greatly esteeme the Ciuill Law the profession thereof seruing more for generall learning and being most necessary for matters of Treatie with all forreine Nations And I thinke that if it should bee taken away it would make an entrie to Barbarisme in this Kingdome and would blemish the honour of England For it is in a maner LEX GENTIVM and maintaineth Intercourse with all forreme Nations but I onely allow it to haue course here according to those limits of Iurisdiction which the Common Law it selfe doeth allow it And therefore though it bee not fit for the
with a false light which yee doe if ye mistake or mis-vnderstand my Speach and so alter the sence thereof But secondly I pray you beware to soile it with a foule breath and vncleane hands I meane that yee peruert not my words by any corrupt affections turning them to an ill meaning like one who when hee heares the tolling of a Bell fancies to himselfe that it speakes those words which are most in his minde And lastly which is worst of all beware to let it fall or breake for glasse is brittle which ye doe if ye lightly esteeme it and by contemning it conforme not your selues to my perswasions To conclude then As all these three dayes of Iubile haue fallen in the midst of this season of penitence wherein you haue presented your thanks to me and I the like againe to you So doe I wish and hope that the end of this Parliament will bee such as wee may all haue cause both I your Head and yee the Body to ioyne in Eucharisticke Thanks and Praises vnto God for our so good and happie an end A SPEACH IN THE STARRE-CHAMBER THE XX. OF JVNE ANNO 1616. GIVE THY IVDGEMENTS TO THE KING O GOD AND THY RIGHTEOVSNES TO THE KINGS SONNE These be the first words of one of the Psalmes of the Kingly Prophet Dauid whereof the literall sense runnes vpon him and his sonne Salomon and the mysticall sense vpon GOD and CHRIST his eternall Sonne but they are both so wouen together as some parts are and can onely bee properly applied vnto GOD and CHRIST and other parts vnto Dauid and Salomon as this Verse Giue thy Iudgements to the King O God and thy Righteousnesse to the Kings Sonne cannot be properly spoken of any but of Dauid and his sonne because it is said Giue thy Iudgements c. Now God cannot giue to himselfe In another part of the same Psalme where it is said that Righteousnes shall flourish and abundance of Peace as long as the Moone endureth it signifieth eternitie and cannot be properly applied but to GOD and CHRIST But both senses aswell literall as mysticall serue to Kings for imitation and especially to Christian Kings for Kings sit in the Throne of GOD and they themselues are called Gods And therefore all good Kings in their gouernment must imitate GOD and his Christ in being iust and righteous Dauid and Salomon in being godly and wise To be wise is vnderstood able to discerne able to iudge others To be godly is that the fountaine be pure whence the streames proceed for what auailes it though all his workes be godly if they proceed not from godlinesse To bee righteous is to a mans selfe To bee iust is towards others But Iustice in a King auailes not vnlesse it be with a cleane heart for except he bee Righteous aswell as Iust he is no good King and whatsoeuer iustice he doeth except he doeth it for Iustice sake and out of the purenesse of his owne heart neither from priuate ends vaine-glory or any other by-respects of his owne all such Iustice is vnrighteousnesse and no trew Iustice From this imitation of GOD and CHRIST in whose Throne wee sit the gouernment of all Common-wealths and especially Monarchies hath bene from the beginning setled and established Kings are properly Iudges and Iudgement properly belongs to them from GOD for Kings sit in the Throne of GOD and thence all Iudgement is deriued In all well setled Monarchies where Law is established formerly and orderly there Iudgement is deferred from the King to his subordinate Magistrates not that the King takes it from himselfe but giues it vnto them So it comes not to them Priuatiuè but cumulatiuè as the Shoolemen speake The ground is ancient euer sithence that Counsell which Iethro gaue to Moses for after that Moses had gouerned a long time in his owne person the burthen grew so great hauing none to helpe him as his father in law comming to visite him found him so cumbred with ministring of Iustice that neither the people were satisfied nor he well able to performe it Therefore by his aduice Iudges were deputed for easier questions and the greater and more profound were left to Moses And according to this establishment all Kings that haue had a formall gouernement especially Christian Kings in all aages haue gouerned their people though after a diuers maner This Deputation is after one manner in France after another here and euen my owne Kingdomes differ in this point of gouernment for Scotland differs both from France and England herein but all agree in this I speake of such Kingdomes or States where the formalitie of Law hath place that the King that sits in Gods Throne onely deputes subalterne Iudges and he deputes not one but a number for no one subalterne Iudges mouth makes Law and their office is to interprete Law and administer Iustice But as to the number of them the forme of gouernement the maner of interpretation the distinction of Benches the diuersitie of Courts these varie according to the varietie of gouernment and institution of diuers Kings So this ground I lay that the seate of Iudgement is properly Gods and Kings are Gods Vicegerents and by Kings Iudges are deputed vnder them to beare the burden of gouernement according to the first example of Moses by the aduice of Iethro and sithence practised by Dauid and Salomon the wisest Kings that euer were which is in this Psalme so interlaced that as the first verse cannot be applied properly but to Dauid and Salomon in the words Giue thy Iudgements to the King c. So the other place in the same Psalme Righteousnesse shall flourish and abundance of peace shall remaine as long as the Moone endureth properly signifieth the eternitie of CHRIST This I speake to shew what a neere coniunction there is betweene God and the King vpward and the King and his Iudges downewards for the same coniunction that is betweene God and the King vpward the same coniunction is betweene the King and his Iudges downewards As Kings borrow their power from God so Iudges from Kings And as Kings are to accompt to God so Iudges vnto God and Kings and both Kings and Iudges by imitation haue two qualities from God and his Christ and two qualities from Dauid and his Salomon Iudgement and Righteousnesse from God and Christ Godlinesse and Wisedome from Dauid and Salomon And as no King can discharge his accompt to God vnlesse he make conscience not to alter but to declare and establish the will of God So Iudges cannot discharge their accompts to Kings vnlesse they take the like care not to take vpon them to make Law but ioyned together after a deliberate consultation to declare what the Law is For as Kings are subiect vnto Gods Law so they to mans Law It is the Kings Office to protect and settle the trew interpretation of the Law of God within his Dominions And it is the Iudges Office to interprete the
Law of the King whereto themselues are also subiect Hauing now perfourmed this ancient Prouerbe A Ioue principium which though it was spoken by a Pagan yet it is good and holy I am now to come to my particular Errand for which I am heere this day wherein I must handle two parts First the reason why I haue not these fourteene yeeres sithence my Coronation vntill now satisfied a great many of my louing subiects who I know haue had a great expectation and as it were a longing like them that are with child to heare mee speake in this place where my Predecessors haue often sitten and especially King Henry the seuenth from whom as diuers wayes before I am lineally descended and that doubly to this Crowne and as I am neerest descended of him so doe I desire to follow him in his best actions The next part is the reason Why I am now come The cause that made mee abstaine was this When I came into England although I was an old King past middle aage and practised in gouernment euer sithence I was twelue yeeres olde yet being heere a stranger in gouernement though not in blood because my breeding was in another Kingdome I resolued therefore with Pythagoras to keepe silence seuen yeeres and learne my selfe the Lawes of this Kingdome before I would take vpon mee to teach them vnto others When this Apprentiship was ended then another impediment came which was in the choice of that cause that should first bring me hither I expected some great cause to make my first entry vpon For I thought that hauing abstained so long it should be a worthy matter that should bring mee hither Now euery cause must be great or small In small causes I thought it disgracefull to come hauing beene so long absent In great causes they must be either betwixt the King and some of his Subiects or betwixt Subiect and Subiect In a cause where my selfe was concerned I was loath to come because men should not thinke I did come for my owne priuate either Prerogatiue or profit or for any other by-respect And in that case I will alwayes abide the triall of men and Angels neuer to haue had any particular end in that which is the Maine of all things Iustice In a great cause also betweene partie and partie great in respect either of the question or value of the thing my comming might seeme as it were obliquely to be in fauour of one partie and for that cause this Counsellour or that Courtier might be thought to mooue me to come hither And a meane cause was not worthy of mee especially for my first entrance So lacke of choice in both respects kept mee off till now And now hauing passed a double apprentiship of twice seuen yeeres I am come hither to speake vnto you And next as to the reasons of my comming at this time they are these I haue obserued in the time of my whole Reigne here and my double Apprentiship diuers things fallen out in the Iudicatures here at Westminster Hall that I thought required and vrged a reformation at my hands whereupon I resolued with my selfe that I could not more fitly begin a reformation then here to make an open declaration of my meaning I remember Christs saying My sheepe heare my voyce and so I assure my selfe my people will most willingly heare the voyce of me their owne Shepheard and King whereupon I tooke this occasion in mine owne person here in this Seate of Iudgement not iudicially but declaratorily and openly to giue those directions which at other times by piece-meale I haue deliuered to some of you in diuers lesse publike places but now will put it vp in all your audience where I hope it shall bee trewly caried and cannot be mistaken as it might haue bene when it was spoken more priuately I will for order sake take mee to the methode of the number of Three the number of perfection and vpon that number distribute all I haue to declare to you FIrst I am to giue a charge to my selfe for a King or Iudge vnder a King that first giues not a good charge to himselfe will neuer be able to giue a good charge to his inferiours for as I haue said Good riuers cannot flow but from good springs if the fountaine be impure so must the riuers be Secondly to the Iudges And thirdly to the Auditory and the rest of the inferiour ministers of Iustice First I protest to you all in all your audience heere sitting in the seate of Iustice belonging vnto GOD and now by right fallen vnto mee that I haue resolued as Confirmation in Maioritie followeth Baptisme in minoritie so now after many yeeres to renew my promise and Oath made at my Coronation concerning Iustice and the promise therein for maintenance of the Law of the Land And I protest in GODS presence my care hath euer beene to keepe my conscience cleare in all the points of my Oath taken at my Coronation so farre as humane frailtie may permit mee or my knowledge enforme mee I speake in point of Iustice and Law For Religion I hope I am reasonably well knowen already I meane therefore of Lawe and Iustice and for Law I meane the Common Law of the Land according to which the King gouernes and by which the people are gouerned For the Common Law you can all beare mee witnesse I neuer pressed alteration of it in Parliament but on the contrary when I endeauoured most an Vnion reall as was already in my person my desire was to conforme the Lawes of Scotland to the Law of England and not the Law of England to the Law of Scotland and so the prophecie to be trew of my wise Grandfather Henry the seuenth who foretold that the lesser Kingdome by marriage would follow the greater and not the greater the lesser And therefore married his eldest daughter Margaret to Iames the fourth my great Grandfather It was a foolish Querke of some Iudges who held that the Parliament of England could not vnite Scotland and England by the name of Great Britaine but that it would make an alteration of the Lawes though I am since come to that knowledge that an Acte of Parliament can doe greater wonders And that old wise man the Treasourer Burghley was wont to say Hee knew not what an Acte of Parliament could not doe in England For my intention was alwayes to effect vnion by vniting Scotland to England and not England to Scotland For I euer meant being euer resolued that this Law should continue in this Kingdome and two things mooued mee thereunto One is that in matter of Policie and State you shall neuer see any thing anciently and maturely established but by Innouation or alteration it is worse then it was I meane not by purging of it from corruptions and restoring it to the ancient integritie Another reason was I was sworne to maintaine the Law of the Land and therefore I had beene periured if I
that it can neuer be blotted out the writing the writing of the Law in our hearts In two Tables for our double duty to God and Man on both sides to take vp our heart so wholly that nothing contrary to those Precepts should euer haue any place in our Soules And certainely from this little Library that God hath erected within vs is the foundation of all our Learning layd So that people Ciuillized doe account themselues depriued of one of the best abilities of nature if they be not somewhat inabled by writing to expresse their mindes And there is no Nation so brutish or Barbarous that haue not inuented one kinde of Character or other whereby to conuey to others their inward Conceptions From these Tables of God wee may come to the writing of our Blessed Sauiour which we may put in the next place though not for order yet for Honour His Diuine Maiestie left behinde him no Monument of writing written by his owne hand in any externall Booke for he was to induce and bring in an other maner of the writing of the Law of Loue not in Tables of stone written not with incke and paper but in the Tables of our fleshly hearts written by the Spirit of the Liuing God Yet did he once with his owne finger write on the Pauement of the Temple of Ierusalem What he writ J will not now discusse S. Ambrose saith he wrote this Sentence Festucam in oculo fratris cernis trabem in tuo non vides Beda thinkes he wrote that Sentence that he spake He that is without sinne let him cast the first stone at her Haymo hath a pretty Conceit He thinketh he wrote certaine Characters in the Pauement which the Accusers beholding might see as in a glasse their owne wickednesse and so blushing at it went their wayes What euer it was sure we are our Sauiour would haue false accusations written in dust to bee troden vnder foote of them that passe by But howsoeuer I say our Blessed Sauiour did leaue behind him no writing of his owne hand Yet we may not deny but that God in the old Testament and our Sauiour in the New haue left vs many bookes of their owne inditements For all the Bookes of holy Scripture were written by inspiration and the Prophets and Apostles were but their Amanuenses and writ onely as they were led and actuated by the Spirit of God So that we may not make the Author of any of those Bookes any other then God Himselfe The old world before the flood wil afford vs no writings neither did that aage require them for the liues of Men of that aage were liuing Libraries and lasted longer then the labors of Men doe in this aage Yet S. Iude doeth insinuate somewhat of the writings of Enoch who though he were not in Stile a King Yet there is no reason to contend with him for that Title for his Dominion would beare it standing Heire-Apparent to the greater part of the world Origen Tertullian and Augustine report many things out of the supposititous writings that went vnder his name And Iosephus and that Berosus that wee haue tell vs that hee erected two pillars the one of Stone the other of Bricke wherein he wrote of the two-fold destructions of the world the one by Water the other by Fire But howsoeuer that be trew it is very probable he wrote something of that matter which though it perished with that world yet doubtlesse the memory thereof was preserued by Tradition vnto the dayes of the Apostles J will not here insist vpon the writings of Moses who was not onely a Priest and a Prophet but was as himselfe records amongst the people a King and was the first that euer receiued authoritie from GOD to write in Diuinitie Neither will J insist vpon the Example of King Dauid in whose Psalmes and Himnes are resounded out the praises of GOD in all the Churches for that J finde nothing that these men writ but what they writ as the Scribes of GOD acted as I said euen now by GOD his Spirit and not guided by their owne Yet I suppose wee may safely collect thus much from them that if GOD had thought it a matter derogatory to the Maiestie of a King to bee a Writer he would not haue made choice of those as his chiefe Instruments in this kinde who were principalls in that other Order J would easily beleeue that such men as haue had the honour to be GOD his Pen-men should neuer vouchsafe to write any thing of their owne for as we hold in a pious opinion that the blessed Virgine hauing once conceiued by the holy Ghost would neuer after conceiue by man So surely men that had deliuered nothing but the conceptions of that Spirit should hardly be drawne euer to set out any of their owne labours But we see the flat contrary both in Samuel and Solomon the one the greatest Iudge the other the most glorious King that euer that Kingdome had Samuel who writ by GODS appointment the greatest part of those two Bookes that beare his name writ also by his owne accord a Booke contayning the Law of a King or Institution of a Prince whereby hee laboured to keepe the King as well from declining to Tyrannie as the people from running into Libertie Solomon besides the Bookes of Scripture which remaine writ many likewise of his owne accord which are lost For to say nothing of his 3000. Parables his 5000. Songes that ingens opus as the Hebrues call it of the nature of all things Birds and Beasts Fowles and fishes Trees and plants from the Hysop to the Cedar All these were rather workes to manifest humane wisedome then Diuine knowledge written rather for the recreation of his owne spirit then for the edification of the Church For I cannot conceiue but those Bookes would rather haue taught vs the learning of Nature for which GOD hath left vs to the writings of men then edified vs in the gifts of Grace for which hee hath giuen vs his owne Booke Neither let any man suggest that these writings that are lost and as they say were destroyed in the destruction of the Temple by the Babylonians were of the same authoritie as those that doe remaine for J can hardly be induced to beleeue that the writings that were indited by the Spirit of GOD layed vp in the Arke receiued into the Canon read publikely in the Church are vtterly perished Jt is a desperate thing to call either the prouidence of GOD or the fidelity of the Church in question in this point For if those that haue bene are perished then why may not these that remaine as well be lost which is contrary to our Sauiours assertion that one Iota shall not perish till all bee fulfilled Therefore J rather incline to thinke that what euer was Scripture still is then that any is lost Neither is this opinion so curious to hold as the other is dangerous to beleeue Better it
the maine meanes of corrupting this people in point of Religion proceeds from the free vse of reading of all kinde of writings without any restraint The other Storie of Augustus is that famous Inscription of his which he made to be set vp in the Altar of the Capitoll to our Sauiour Christ of which Nicephorus makes mention as also Suidas in the word Augustus Caesar Augustus being proclaimed the first Emperour of Rome hauing done many great things and achiued great Glory and felicity came to the Oracle of Apollo offering vp a Heccatomb which is of all other the greatest Sacrifice demaunded of the Oracle who should rule the Empire after his decease receiuing no answere at all offered vp an other Sacrifice and asked with all how it came to passe that the Oracle that was wont to vse so many wordes was now become so silent The Oracle after a long pause made this answere Me puer Hebraeus Diuos Deus ipse gubernans Cedere sede iubet tristemque redire sub Orcum Aris ergo dehinc tacitus abscedito nostris The Emperour receiuing this answere returned to Rome erected in the Capitoll the greatest Altar that was there with this Inscription Ara primogeniti Dei Surely our Augustus in whose dayes our Blessed Sauiour Christ Iesus is come to a full and perfect aage As hee was borne in the dayes of the other studying nothing at all to know who shall rule the Scepter after him for God be praised he is much more happie then was Augustus in a Blessed Posterity of his owne but indeauoring that CHRIST his Kingdome may euer Reigne in his Kingdome hath consulted all the Oracles of GOD and hath found in them that there is but one onely Altar to be erected to the onely Sonne of GOD who is Blessed for euer and therefore hath set himselfe and bestowed much paines to bid that Man of Sinne cedere sede and redire sub Orcum that hath erected so many Altars Athenian-like to vnknowne Gods making more prayers and Supplications to supposed Saints then euer the other did to Gods they knew not But to returne Claudius Caesar that had so much wickednesse in him had this good in him that hee writte many good Bookes Suetonius reports hee writ so many Bookes in Greeke as that hee erected a Schoole of purpose in Alexandria called after his owne name and caused his Bookes to be read yeerely in it He writ in Latine likewise 43. Bookes contayning a Historie from the murther of Caesar to his owne time There would bee no ende of the reporting of the writings of the Heathen Emperours That one example of Constantine amongst the Christian Emperors shall suffice Eusebius hath written curiously his Life and is not sparing to report of his Learning How many Orations and discourses he made exhorting his Subiects and seruants to a good and godly life How many nights hee passed without sleepe in Meditations of Diuinitie His Speeches in the beginning and ende of the Councell of Nice That fomous Oration Ad Sanctorum coetum pronounced in Latine by him Selfe after translated into Greeke by diuerse doe shew how much Glory hee gayned by Letters From these great Monarches abroad giue mee leaue a little to descend to our owne Kings at home Alphredus King of the West-Saxons translated Paulus Orosius S. Gregorie De pastorali cura and his Dialogues into the English tongue He translated likewise Beda of the Actes of the English and Boetius de consolatione Philosophiae Dauids Psalmes and many other things Hee writ besides a Booke of Lawes and Institutions against wicked Judges Hee writ the sayings of Wisemen and a singular Booke of the fortune of Kings a collection of Chronicles and a Manuel of Meditations Ethelstanus or Adelstan as our Stories call him Rex Anglorum as Baleus calls him caused to be translated the Bible out of Hebrew into Saxon and writ himselfe a Booke of Astrologie the Constitutions of the Cleargie corrected many olde Lawes and made many new King Edgar writ to the Cleargie of England certaine Constitutions and Lawes and other things Henrie the first the yongest Sonne of the Conquerour was brought vp in the Vniuersitie of Cambridge and excelled so in the knowledge of all Liberall Arts and Sciences that to this day he doeth retaine the name of Beau-Clerke Achaius King of the Scots writ of the Acts of all his Predecessors And Kenethus King of the Scots writ a huge Volume of all the Scottish Lawes and like an other Iustinian reduced them into a Compendium Iames the first writ diuers Bookes both in English and LatineVerse He writ also as Baleus saith De vxore futura Henrie the eight writ of the Institution of a Christian man and of the Institution of youth Hee writ also a defence of the 7. Sacraments against Martin Luther for which hee was much magnified of the Pope and all that partie Jnsomuch as hee was stiled with the Title of Defensor fidei for that worke And trewly it fell out well for the King that hee writ a Booke on the Popes side for otherwise he should haue them raile on him for his writings as freely as they reuile him for his Actions For he writ two Bookes after that the one De auctoritate Regia contra Papam the other Sententia de Concilio Mantuano as well written for the Stile and Argument as the other is But because they seeme to breath an other breath there is no Trumpet sounded in their praise Edward the sixt though his dayes were so short as he could not giue full proofe of those singular parts that were in him yet hee wrote diuers Epistles and Orations both in Greeke and Latine He wrote a Treatise De fide to the Duke of Somerset He wrote a History of his owne time which are all yet extant vnder his owne hand in the Kings Library as Mr. Patrick Young his Maiesties learned and Industrious Bibliothecarius hath shewed mee And which is not to bee forgotten so diligent a hearer of Sermons was that sweet Prince that the notes of the most of the Sermons he heard are yet to bee seene vnder his owne hand with the Preachers name the time and the place and all other circumstances Queene Elizabeth our late Soueraigne of blessed memory translated the prayers of Queene Katherine into Latine French and Italian Shee wrote also a Century of Sentences and dedicated them to her Father J haue heard of her Translation of Salustius but I neuer saw it And there are yet fresh in our memories the Orations she made in both the Vniuersities in Latine her entertayning of Embassadors in diuers Languages her excellent Speaches in the Parliament whereof diuers are extant at this day in Print And to come a little neerer his Maiestie The Kings Father translated Valerius Maximus into English And the Queene his Maiesties Mother wrote a Booke of Verses in French of the Institution of a Prince all with her owne hand wrought the Couer of it with
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
honour and felicitie to consist in attaining per fas vel nefas Arist 5. Polit. Tacit. 4. hist to his ambitious pretences thinketh neuer himselfe sure but by the dissention and factions among his people and counterfaiting the Saint while he once creepe in credite will then by inuerting all good Lawes to serue onely for his vnrulie priuate affections frame the common-weale euer to aduance his particular building his suretie vpon his peoples miserie and in the end as a step-father and an vncouth hireling make vp his owne hand vpon the ruines of the Republicke And according to their actions The issue and rewards of a good King so receiue they their reward For a good King after a happie and famous reigne dieth in peace lamented by his subiects and admired by his neighbours and leauing a reuerent renowne behinde him in earth obtaineth the Crowne of eternall felicitie in heauen Cic. 6. de Rep. And although some of them which falleth out very rarelie may be cut off by the treason of some vnnaturall subiects yet liueth their fame after them and some notable plague faileth neuer to ouertake the committers in this life besides their infamie to all posterities hereafter The issue of Tyrans Arist 5. Polit. Where by the contrarie a Tyrannes miserable and infamous life armeth in end his owne Subiects to become his burreaux Isocr in Sym. and although that rebellion be euer vnlawfull on their part yet is the world so wearied of him that his fall is little meaned by the rest of his Subiects and but smiled at by his neighbours And besides the infamous memorie he leaueth behind him here and the endlesse paine hee sustaineth hereafter it oft falleth out that the committers not onely escape vnpunished but farther the fact will remaine as allowed by the Law in diuers aages thereafter It is easie then for you my Sonne to make a choise of one of these two sorts of rulers by following the way of vertue to establish your standing yea incase ye fell in the high way yet should it be with the honourable report and iust regrate of all honest men And therefore to returne to my purpose anent the gouernement of your Subiects Anent the making of Lawes by making and putting good Lawes to execution I remit the making of them to your owne discretion as ye shall finde the necessitie of new-rising corruptions to require them for ex malis moribus bonae leges natae sunt besides that in this countrey wee haue alreadie moe good Lawes then are well execute and am onely to insist in your forme of gouernment anent their execution Onely remember that as Parliaments haue bene ordained for making of Lawes so ye abuse not their institution in holding them for any mens particulars The authoritie and trew vse of Parliaments For as a Parliament is the honourablest and highest iudgement in the land as being the Kings head Court if it be well vsed which is by making of good Lawes in it so is it the in-iustest Iudgement-seat that may be L. 12. Tab. being abused to mens particulars irreuocable decreits against particular parties being giuen therein vnder colour of generall Lawes and oft-times th'Estates not knowing themselues whom thereby they hurt And therefore hold no Parliaments but for necessitie of new Lawes which would be but seldome for few Lawes and well put in execution are best in a well ruled common-weale As for the matter of fore-faltures which also are done in Parliament it is not good tigging with these things but my aduice is Cic. 3 de leg pro D. s pro Sest ye fore-fault none but for such odious crimes as may make them vnworthie euer to be restored againe And for smaller offences ye haue other penalties sharpe enough to be vsed against them And as for the execution of good Lawes whereat I left Anent the execution of Lawes remember that among the differences that I put betwixt the formes of the gouernment of a good King and an vsurping Tyran I shew how a Tyran would enter like a Saint while he found himselfe fast vnder-foot and then would suffer his vnrulie affections to burst foorth A iust seneritic to be vsed at the first Sen. de cl Ar. 7. pol. Therefore be yee contrare at your first entrie to your Kingdome to that Quinquennium Neronis with his tender hearted wish Vellem nescirem literas in giuing the Law full execution against all breakers thereof but exception For since ye come not to your reigne precariò nor by conquest but by right and due discent feare no vproares for doing of iustice since ye may assure your selfe Plato 2. 10 de Repub. Cic. ad Q. fr. the most part of your people will euer naturally fauour Iustice prouiding alwaies that ye doe it onely for loue to Iustice and not for satisfying any particular passions of yours vnder colour thereof otherwise how iustly that euer the offender deserue it ye are guiltie of murther before God For ye must consider that God euer looketh to your inward intention in all your actions And when yee haue by the seueritie of Iustice once setled your countries and made them know that ye can strike A good mixture Plato in Pol. 9. de L. Sal. orat ad Caesar then may ye thereafter all the daies of your life mixe Iustice with Mercie punishing or sparing as ye shall finde the crime to haue bene wilfully or rashly committed and according to the by-past behauiour of the committer For if otherwise ye kyth your clemencie at the first the offences would soone come to such heapes and the contempt of you grow so great that when ye would fall to punish the number of them to be punished would exceed the innocent and yee would be troubled to resolue whom-at to begin and against your nature would be compelled then to wracke many whom the chastisement of few in the beginning might haue preserued But in this A deare president But in this my ouer-deare bought experience may serue you for a sufficient lesson For I confesse where I thought by being gracious at the beginning to win all mens hearts to a louing and willing obedience I by the contrary found the disorder of the countrie and the losse of my thankes to be all my reward But as this seuere Iustice of yours vpon all offences would bee but for a time as I haue alreadie said so is there some horrible crimes that yee are bound in conscience neuer to forgiue such as Witch-craft Crimes vnpardonable wilfull murther Incest especially within the degrees of consanguinitie Sodomie poisoning and false coine Treason against the Prince his person or authoritie As for offences against your owne person and authoritie since the fault concerneth your selfe I remit to your owne choise to punish or pardon therein as your heart serueth you and according to the circumstances of the turne and the qualitie of the
discip mi. Xen. in Ages diligent and painefull vsing the aduice of such as are skilfullest in the craft as ye must also doe in all other Be homely with your souldiers as your companions for winning their hearts and extreamly liberall for then is no time of sparing Be cold and foreseeing in deuising constant in your resolutions and forward and quicke in your executions Pol. l 5. Fortifie well your Campe and assaile not rashly without an aduantage Xâ—n 1. Cyr. Thuc. 5. neither feare not lightly your enemie Be curious in deuising stratagems but alwayes honestly for of any thing they worke greatest effects in the warres Isoc ad Phil. Pla. 9. de leg Liu. l. 22. 31. Tac. 2. his Plut. de fort if secrecie be ioyned to inuention And once or twise in your owne person hazard your selfe fairely but hauing acquired so the fame of courage and magnanimitie make not a daily souldier of your selfe exposing rashly your person to euery perill but conserue your selfe thereafter for the weale of your people for whose sake yee must more care for your selfe then for your owne And as I haue counselled you to be slow in taking on a warre Of Peace so aduise I you to be slow in peace-making Isocr in Arch. Before ye agree looke that the ground of your warres be satisfied in your peace Polib 3. Cit. 1. Of. 7. Phil. Tat. 4. his and that ye see a good suretie for you and your people otherwaies a honourable and iust warre is more tollerable then a dishonourable and dis-aduantageous peace But it is not enough to a good King by the scepter of good Lawes well execute to gouerne and by force of armes to protect his people if he ioyne not therewith his vertuous life in his owne person and in the person of his Court and company by good example alluring his Subiects to the loue of vertue A Kings life must be exemplare Plan pol. 4. de leg and hatred of vice And therefore my Sonne sith all people are naturally inclined to follow their Princes example as I shewed you before let it not be said that ye command others to keepe the contrary course to that which in your owne person ye practise making so your wordes and deedes to fight together but by the contrary let your owne life be a law-booke and a mirrour to your people that therein they may read the practise of their owne Lawes and therein they may see by your image what life they should leade And this example in your owne life and person I likewise diuide in two parts The first in the gouernment of your Court and followers in all godlinesse and vertue the next in hauing your owne minde decked and enriched so with all vertuous qualities that therewith yee may worthily rule your people Plat. in Thee Euth For it is not ynough that ye haue and retaine as prisoners within your selfe neuer so many good qualities and vertues except ye employ them and set them on worke Arist 1. Eth. Cic. in Offic. for the weale of them that are committed to your charge Virtutis enim laus omnis in actione consistit First then as to the gouernment of your Court and followers Of the Court. Psal 101. King Dauid sets downe the best precepts that any wise and Christian King can practise in that point For as yee ought to haue a great care for the ruling well of all your Subiects so ought yee to haue a double care for the ruling well of your owne seruants since vnto them yee are both a Politicke and Oeconomicke gouernour Cic. ad Q frat And as euery one of the people will delite to follow the example of any of the Courteours as well in euill as in good so what crime so horrible can there be committed and ouer-seene in a Courteour that will not be an exemplare excuse for any other boldly to commit the like And therfore in two points haue ye to take good heed anent your Court and houshold first in choosing them wisely next in carefully ruling them whom ye haue chosen It is an olde and trew saying That a kindly Auer will neuer become a good horse Plat. 5. de Leg. for albeit good education and company be great helpes to Nature and education be therefore most iustly called altera natura Arist 2. oecon yet is it euill to get out of the flesh that is bred in the bone as the olde prouerbe sayth Be very ware then in making choice of your seruants and companie Nam Turpius eiicitur quà m non admittitur hospes Ouid. 5. de Trist and many respects may lawfully let an admission that will not be sufficient causes of depriuation All your seruants and Court must be composed partly of minors Of the choise of scruants such as young Lords to be brought vp in your company or Pages and such like and partly of men of perfit aage for seruing you in such roumes as ought to be filled with men of wisedome and discretion For the first sort ye can doe no more but choose them within aage Arist 1. 5. pâ—lit that are come of a good and vertuous kinde In fide parentum as Baptisme is vsed For though anima non venit ex traduce but is immediatly created by God Cic. ad Q frat and infused from aboue yet it is most certaine that vertue or vice will oftentimes with the heritage be transferred from the parents to the posteritie Witnesse the experience of the late house of Gowree Plat. 6. de Leg. Arist 2. oecon 1. pol. and runne on a blood as the Prouerbe is the sickenesse of the minde becomming as kindly to some races as these sickenesses of the body that infect in the seede Especially choose such minors as are come of a trew and honest race and haue not had the house whereof they are descended infected with falshood And as for the other sort of your companie and seruants that ought to be of perfit aage Plat. 6. de leg Isocr in pan Arist 5. pol. first see that they be of a good fame and without blemish otherwise what can the people thinke but that yee haue chosen a company vnto you according to your owne humour and so haue preferred these men for the loue of their vices and crimes that ye knew them to beguiltie of Dem. 2. ph For the people that see you not within cannot iudge of you but according to the outward appearance of your actions and companie which onely is subiect to their sight Plat. 7. de Rep. 3. et 12. de Leg. Arist 5. et 6. pobit And next see that they be indued with such honest qualities as are meete for such offices as ye ordaine them to serue in that your iudgement may be knowen in imploying euery man according to his giftes Psal 101. And shortly follow good king
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
tyrant whom they can obiect nor was here fore-warned to the people of God and yet all rebellion countermanded vnto them if tyrannizing ouer mens persons sonnes daughters and seruants redacting noble houses and men and women of noble blood to slauish and scruile offices and extortion and spoile of their lands and goods to the princes owne priuate vse and commoditie and of his courteours and seruants may be called a tyrannie And that this proposition grounded vpon the Scripture may the more clearely appeare to be trew by the practise often prooued in the same booke we neuer reade that euer the Prophets perswaded the people to rebell against the Prince how wicked soeuer he was When Samuel by Gods command pronounced to the same king Saul 1. Sam. 15. that his kingdome was rent from him and giuen to another which in effect was a degrading of him yet his next action following that was peaceably to turne home and with floods of teares to pray to God to haue some compassion vpon him And Dauid notwithstanding hee was inaugurate in that same degraded Kings roome not onely when he was cruelly persecuted for no offence but good seruice done vnto him would not presume hauing him in his power skantly but with great reuerence to touch the garment of the annoynted of the Lord and in his words blessed him but likewise 1. Sam. 2 4. 2. Sam. 1. when one came to him vanting himselfe vntrewly to haue slaine Saul hee without forme of proces or triall of his guilt caused onely for guiltinesse of his tongue put him to sodaine death And although there was neuer a more monstrous persecutor and tyrant nor Achab was yet all the rebellion that Elias euer raised against him was to flie to the wildernes where for fault of sustentation he was fed with the Corbies And I thinke no man will doubt but Samuel Dauid and Elias had as great power to perswade the people if they had liked to haue employed their credite to vproares rebellions against these wicked kings as any of our seditious preachers in these daies of whatsoeuer religion either in this countrey or in France had that busied themselues most to stir vp rebellion vnder cloake of religion This farre the only loue of veritie I protest without hatred at their persons haue mooued me to be somewhat satyricke And if any will leane to the extraordinarie examples of degrading or killing of kings in the Scriptures thereby to cloake the peoples rebellion as by the deed of Iehu and such like extraordinaries I answere besides that they want the like warrant that they had if extraordinarie examples of the Scripture shall bee drawne in daily practise murther vnder traist as in the persons of Ahud and Iael theft as in the persons of the Israelites comming out of Egypt lying to their parents to the hurt of their brother as in the person of Iacob shall all be counted as lawfull and allowable vertues as rebellion against Princes And to conclude the practise through the whole Scripture prooueth the peoples obedience giuen to that sentence in the law of God Thou shalt not rayle vpon the Iudges neither speake euill of the ruler of thy people To end then the ground of my proposition taken out of the Scripture let two speciall and notable examples one vnder the law another vnder the Euangel Ier. 27. conclude this part of my alleageance Vnder the lawe Ieremie threatneth the people of God with vtter destruction for rebellion to Nabuchadnezar the king of Babel who although he was an idolatrous persecuter a forraine King a Tyrant and vsurper of their liberties yet in respect they had once receiued and acknowledged him for their king he not only commandeth them to obey him Iere. 29. but euen to pray for his prosperitie adioyning the reason to it because in his prosperitie stood their peace And vnder the Euangel that king whom Paul bids the Romanes obey and serue for conscience sake Iere. 13. was Nero that bloody tyrant an infamie to his aage and a monster to the world being also an idolatrous persecuter as the King of Babel was If then Idolatrie and defection from God tyranny ouer their people and persecution of the Saints for their profession sake hindred not the Spirit of God to command his people vnder all highest paine to giue them all due and heartie obedience for conscience sake giuing to Caesar that which was Caesars and to God that which was Gods as Christ saith and that this practise throughout the booke of God agreeth with this lawe which he made in the erection of that Monarchie as is at length before deduced what shamelesse presumption is it to any Christian people now adayes to claime to that vnlawfull libertie which God refused to his owne peculiar and chosen people Shortly then to take vp in two or three sentences grounded vpon all these arguments out of the lawe of God the duetie and alleageance of the people to their lawfull king their obedience I say ought to be to him as to Gods Lieutenant in earth obeying his commands in all things except directly against God as the commands of Gods Minister acknowledging him a Iudge set by GOD ouer them hauing power to iudge them but to be iudged onely by GOD whom to onely hee must giue count of his iudgement fearing him as their Iudge louing him as their father praying for him as their protectour for his continuance if he be good for his amendement if he be wicked following and obeying his lawfull commaunds eschewing and flying his fury in his vnlawfull without resistance but by sobbes and teares to God according to that sentence vsed in the primitiue Church in the time of the persecution Preces Lachrymae sunt arma Ecclesiae Now as for the describing the alleageance that the lieges owe to their natiue King out of the fundamentall and ciuill Lawe especially of this countrey as I promised the ground must first be set downe of the first maner of establishing the Lawes and forme of gouernement among vs that the ground being first right laide we may thereafter build rightly thereupon Although it be trew according to the affirmation of those that pryde themselues to be the scourges of Tyrants that in the first beginning of Kings rising among Gentiles in the time of the first aage diuers common-wealths and societies of men choosed out one among themselues who for his vertues and valour being more eminent then the rest was chosen out by them and set vp in that roome to maintaine the weakest in their right to throw downe oppressours and to foster and continue the societie among men which could not otherwise but by vertue of that vnitie be wel done yet these examples are nothing pertinent to vs because our Kingdome and diuers other Monarchies are not in that case but had their beginning in a farre contrary fashion For as our Chronicles beare witnesse this I le and especially our part of it
being scantly inhabited but by very few and they as barbarous and scant of ciuilitie as number there comes our first King Fergus with a great number with him out of Ireland which was long inhabited before vs and making himselfe master of the countrey by his owne friendship and force as well of the Ireland-men that came with him as of the countrey-men that willingly fell to him hee made himselfe King and Lord as well of the whole landes as of the whole inhabitants within the same Thereafter he and his successours a long while after their being Kinges made and established their lawes from time to time and as the occasion required So the trewth is directly contrarie in our state to the false affirmation of such seditious writers as would perswade vs that the Lawes and state of our countrey were established before the admitting of a king where by the contrarie ye see it plainely prooued that a wise king comming in among barbares first established the estate and forme of gouernement and thereafter made lawes by himselfe and his successours according thereto The kings therefore in Scotland were before any estates or rankes of men within the same before any Parliaments were holden or lawes made and by them was the land distributed which at the first was whole theirs states erected and decerned and formes of gouernement deuised and established And so it followes of necessitie that the kings were the authors and makers of the Lawes and not the Lawes of the kings And to prooue this my assertion more clearly it is euident by the rolles of our Chancellery which containe our eldest and fundamentall Lawes that the King is Dominus omnium bonorum and Dominus directus totius Dominij the whole subiects being but his vassals and from him holding all their lands as their ouer-lord who according to good seruices done vnto him chaungeth their holdings from tacke to few from ward to blanch erecteth new Baronies and vniteth olde without aduice or authoritie of either Parliament or any other subalterin iudiciall seate So as if wrong might bee admitted in play albeit I grant wrong should be wrong in all persons the King might haue a better colour for his pleasure without further reason to take the land from his lieges as ouer-lord of the whole and doe with it as pleaseth him since all that they hold is of him then as foolish writers say the people might vnmake the king and put an other in his roome But either of them as vnlawful and against the ordinance of God ought to be alike odious to be thought much lesse put in practise And according to these fundamentall Lawes already alledged we daily see that in the Parliament which is nothing else but the head Court of the king and his vassals the lawes are but craued by his subiects and onely made by him at their rogation and with their aduice For albeit the king make daily statutes and ordinances enioyning such paines thereto as hee thinkes meet without any aduice of Parliament or estates yet it lies in the power of no Parliament to make any kinde of Lawe or Statute without his Scepter be to it for giuing it the force of a Law And although diuers changes haue beene in other countries of the blood Royall and kingly house the kingdome being reft by conquest from one to another as in our neighbour countrey in England which was neuer in ours yet the same ground of the kings right ouer all the land and subiects thereof remaineth alike in all other free Monarchies as well as in this For when the Bastard of Normandie came into England and made himselfe king was it not by force and with a mighty army Where he gaue the Law and tooke none changed the Lawes inuerted the order of gouernement set downe the strangers his followers in many of the old possessours roomes as at this day well appeareth a great part of the Gentlemen in England beeing come of the Norman blood and their old Lawes which to this day they are ruled by are written in his language and not in theirs And yet his successours haue with great happinesse enioyed the Crowne to this day Whereof the like was also done by all them that conquested them before And for conclusion of this point that the king is ouer-lord ouer the whole lands it is likewise daily proued by the Law of our hoordes of want of Heires and of Bastardies For if a hoord be found vnder the earth because it is no more in the keeping or vse of any person it of the law pertains to the king If a person inheritour of any lands or goods dye without any sort of heires all his landes and goods returne to the king And if a bastard die vnrehabled without heires of his bodie which rehabling onely lyes in the kings hands all that hee hath likewise returnes to the king And as ye see it manifest that the King is ouer-Lord of the whole land so is he Master ouer euery person that inhabiteth the same hauing power ouer the life and death of euery one of them For although a iust Prince will not take the life of any of his subiects without a cleare law yet the same lawes whereby he taketh them are made by himselfe or his predecessours and so the power flowes alwaies from him selfe as by daily experience we see good and iust Princes will from time to time make new lawes and statutes adioyning the penalties to the breakers thereof which before the law was made had beene no crime to the subiect to haue committed Not that I deny the old definition of a King and of a law which makes the king to bee a speaking law and the Law a dumbe king for certainely a king that gouernes not by his lawe can neither be countable to God for his administration nor haue a happy and established raigne For albeit it be trew that I haue at length prooued that the King is aboue the law as both the author and giuer of strength thereto yet a good king will not onely delight to rule his subiects by the lawe but euen will conforme himselfe in his owne actions thereuneto alwaies keeping that ground that the health of the common-wealth be his chiefe lawe And where he sees the lawe doubtsome or rigorous hee may interpret or mitigate the same lest otherwise Summum ius bee summa iniuria And therefore generall lawes made publikely in Parliament may vpon knowen respects to the King by his authoritie bee mitigated and suspended vpon causes onely knowen to him As likewise although I haue said a good king will frame all his actions to be according to the Law yet is hee not bound thereto but of his good will and for good example-giuing to his subiects For as in the law of abstaining from eating of flesh in Lenton the king will for examples sake make his owne house to obserue the Law yet no man will thinke he needs to take a licence to
eate flesh And although by our Lawes the bearing and wearing of hag-buts and pistolets be forbidden yet no man can find any fault in the King for causing his traine vse them in any raide vpon the Borderers or other malefactours or rebellious subiects So as I haue alreadie said a good King although hee be aboue the Law will subiect and frame his actions thereto for examples sake to his subiects and of his owne free-will but not as subiect or bound thereto Since I haue so clearely prooued then out of the fundamentall lawes and practise of this country what right power a king hath ouer his land and subiects it is easie to be vnderstood what allegeance obedience his lieges owe vnto him I meane alwaies of such free Monarchies as our king is and not of electiue kings and much lesse of such sort of gouernors as the dukes of Venice are whose Aristocratick and limited gouernment is nothing like to free Monarchies although the malice of some writers hath not beene ashamed to mis-know any difference to be betwixt them And if it be not lawfull to any particular Lordes tenants or vassals vpon whatsoeuer pretext to controll and displace their Master and ouer-lord as is clearer nor the Sunne by all Lawes of the world how much lesse may the subiects and vassals of the great ouer-lord the KING controll or displace him And since in all inferiour iudgements in the land the people may not vpon any respects displace their Magistrates although but subaltern for the people of a borough cannot displace their Prouost before the time of their election nor in Ecclesiasticall policie the flocke can vpon any pretence displace the Pastor nor iudge of him yea euen the poore Schoolemaster cannot be displaced by his schollers If these I say whereof some are but inferiour subaltern and temporall Magistrates and none of them equall in any sort to the dignitie of a King cannot be displaced for any occasion or pretext by them that are ruled by them how much lesse is it lawfull vpon any pretext to controll or displace the great Prouost and great Schoole-master of the whole land except by inuerting the order of all Law and reason the commanded may be made to command their commander the iudged to iudge their Iudge and they that are gouerned to gouerne their time about their Lord and gouernour And the agreement of the Law of nature in this our ground with the Lawes and constitutions of God and man already alledged will by two similitudes easily appeare The King towards his people is rightly compared to a father of children and to a head of a body composed of diuers members For as fathers the good Princes and Magistrates of the people of God acknowledged themselues to their subiects And for all other well ruled Common-wealths the stile of Pater patriae was euer and is commonly vsed to Kings And the proper office of a King towards his Subiects agrees very wel with the office of the head towards the body and all members thereof For from the head being the seate of Iudgement proceedeth the care and foresight of guiding and preuenting all euill that may come to the body or any part thereof The head cares for the body so doeth the King for his people As the discourse and direction flowes from the head and the execution according thereunto belongs to the rest of the members euery one according to their office so is it betwixt a wise Prince and his people As the iudgement comming from the head may not onely imploy the members euery one in their owne office as long as they are able for it but likewise in case any of them be affected with any infirmitie must care and prouide for their remedy in-case it be curable and if otherwise gar cut them off for feare of infecting of the rest euen so is it betwixt the Prince and his people And as there is euer hope of curing any diseased member by the direction of the head as long as it is whole but by the contrary if it be troubled all the members are partakers of that paine so is it betwixt the Prince and his people And now first for the fathers part whose naturall loue to his children I described in the first part of this my discourse speaking of the dutie that Kings owe to their Subiects consider I pray you what duetie his children owe to him whether vpō any pretext whatsoeuer it wil not be thought monstrous and vnnaturall to his sons to rise vp against him to control him at their appetite and when they thinke good to sley him or to cut him off and adopt to themselues any other they please in his roome Or can any pretence of wickednes or rigor on his part be a iust excuse for his children to put hand into him And although wee see by the course of nature that loue vseth to descend more then to ascend in case it were trew that the father hated and wronged the children neuer so much will any man endued with the least sponke of reason thinke it lawfull for them to meet him with the line Yea suppose the father were furiously following his sonnes with a drawen sword is it lawfull for them to turne and strike againe or make any resistance but by flight I thinke surely if there were no more but the example of bruit beasts vnreasonable creatures it may serue well enough to qualifie and proue this my argnment We reade often the pietie that the Storkes haue to their olde and decayed parents And generally wee know that there are many sorts of beasts and fowles that with violence and many bloody strokes will beat and banish their yong ones from them how soone they perceiue them to be able to fend themselues but wee neuer read or heard of any resistance on their part except among the vipers which prooues such persons as ought to be reasonable creatures and yet vnnaturally follow this example to be endued with their viperous nature And for the similitude of the head and the body it may very well fall out that the head will be forced to garre cut off some rotten member as I haue already said to keepe the rest of the body in integritie but what state the body can be in if the head for any infirmitie that can fall to it be cut off I leaue it to the readers iudgement So as to conclude this part if the children may vpon any pretext that can be imagined lawfully rise vp against their Father cut him off choose any other whom they please in his roome and if the body for the weale of it may for any infirmitie that can be in the head strike it off then I cannot deny that the people may rebell controll and displace or cut off their king at their owne pleasure and vpon respects moouing them And whether these similitudes represent better the office of a King or the offices of Masters or Deacons of crafts
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
conclusion of all his examples The Cardinals paire of Martyrs weighed he reckoneth his two English Martyrs Moore and Roffensis who died for that one most weightie head of doctrine as he alledgeth refusing the Oath of Supremacie I must tell him that he hath not been well informed in some materiall points which doe very neerely concerne his two said Martyrs For it is cleare and apparantly to be prooued by diuers Records that they were both of them committed to the Tower about a yeere before either of them was called in question vpon their liues for the Popes Supremacie And that partly for their backwardnesse in the point of the establishment of the Kings succession whereunto the whole Realme had subscribed and partly for that one of them to wit Fisher had had his hand in the matter of the holy 8 Called Elizabeth Barton See the Act of Parliament maide of Kent hee being for his concealement of that false prophets abuse found guiltie of misprision of Treason And as these were the principall causes of their imprisonment the King resting secure of his Supremacie as the Realme stood then affected but especially troubled for setling the Crowne vpon the issue of his second mariage so was it easily to be conceiued that being thereupon discontented their humors were thereby made apt to draw them by degrees to further opposition against the King and his authoritie as indeede it fell out For in the time of their being in prison the Kings lawfull authoritie in cases Ecclesiasticall being published and promulged as well by a generall decree of the Clergie in their Synode as by an Acte of Parliament made thereupon they behaued themselues so peeuishly therein as the olde coales of the Kings anger being thereby raked vp of new they were againe brought in question as well for this one most weighty head of doctrine of the Pope his supremacy as for the matter of the Kings mariage and succession as by the confession of one of themselues euen Thomas Moore is euident For being condemned he vsed these words at the barre before the Lords Non ignoro cur me morti adiudicaueritis videlicet ob id Histor aliquet Martyrum nostri seculi Anno 1550. quòd nunquam voluerim assentiri in negotio matrimonij Regis That is I am not ignorant why you haue adiudged mee to death to wit for that I would neuer consent in the businesse of the new mariage of the King By which his owne confession it is plaine that this great martyr himselfe tooke the cause of his owne death to be onely for his being refractary to the King in this said matter of Marriage and Succession which is but a very fleshly cause of Martyrdome as I conceiue And as for Roffensis his fellow Martyr who could haue bene content to haue taken the Oath of the Kings Supremacie with a certaine modification which Moore refused as his imprisonment was neither onely nor principally for the cause of Supremacie so died hee but a halting and a singular Martyr or witnesse for that most weighty head of doctrine the whole Church of England going at that time in one current and streame as it were against him in that Argument diuers of them being of farre greater reputation for learning and sound iudgement then euer he was So as in this point we may well arme our selues with the Cardinals owne reason where he giueth amongst other notes of the trew Church Vniuersalitie for one wee hauing the generall and Catholique conclusion of the whole Church of England on our side in this case as appeareth by their booke set out by the whole Conuocation of England called The Institution of a Christian man the same matter being likewise very learnedly handled by diuers particular learned men of our Church as by Steuen Gardiner in his booke De vera obedientia with a Preface of Bishop Boners adioyning to it De summo absoluto Regis Imperio published by M. Bekinsaw De vera differentia Regiae Potestatis Ecclesiasticae Bishop Tonstals Sermon Bishop Longlands Sermon the letter of Tonstall to Cardinall Poole and diuers other both in English and Latine And if the bitternesse of Fishers discontentment had not bene fed with his dayly ambitious expectation of the Cardinals hat which came so neere as Calis before he lost his head to fill it with I haue great reason to doubt if he would haue constantly perseuered in induring his Martyrdome for that one most waighty head of doctrine And surely these two Captaines and ringleaders to Martyrdome were but ill followed by the rest of their countreymen for I can neuer reade of any after them being of any great accompt and that not many that euer sealed that weighty head of doctrine with their blood in England So as the trew causes of their first falling in trouble whereof I haue already made mention being rightly considered vpon the one part and vpon the other the scant number of witnesses that with their blood sealed it a point so greatly accompted of by our Cardinal there can but smal glory redound thereby to our English nation these onely two Enoch and Elias seruing for witnesses against our Antichristian doctrine And I am sure the Supremacie of Kings may The Supremacy of Kings sufficiently warranted by the Scriptures wil euer be better maintained by the word of God which must euer be the trew rule to discerne all waighty heads of doctrine by to be the trew and proper office of Christian Kings in their owne dominions then he will be euer able to maintaine his annihilating Kings and their authorities together with his base and vnreuerend speaches of them wherewith both his former great Volumes and his late Bookes against Venice are filled In the old Testament Kings were directly 1 2. Chron. 19.4 Gouernours ouer the Church within their Dominions 2 2. Sam. 5.6 purged their corruptions reformed their abuses brought the 3 1. Chron. 13.12 Arke to her resting place the King 4 2. Sam. 6.16 dancing before it 5 1. Chron. 28.6 built the Temple 6 2. Chron. 6. dedicated the same assisting in their owne persons to the sanctification thereof 7 2. King 22.11 made the Booke of the Law new-found to bee read to the people 8 Nehe. 9.38 Dauid Salomon renewed the Couenant betweene God and his people 9 2. King 18.4 bruised the brasen serpent in pieces which was set vp by the expresse commandement of God and was a figure of Christ destroyed 10 1. King 15.12 2. king 13.4 all Idoles and false gods made 11 2. Chron. 17.8 a publike reformation by a Commission of Secular men and Priests mixed for that purpose deposed 12 1. King 2.27 the high Priest and set vp another in his place and generally ordered euery thing belonging to the Church-gouernment their Titles and Prerogatiues giuen them by God agreeing to these their actions They are called the 13 2.
Sam. 7.14 Sonnes of the most High nay Gods 14 Psal 82.6 exod 22.8 themselues The 15 1. Sam. 24.11 Lords anoynted Sitting 16 2. Chro. 9.8 in Gods throne His 17 2. Chro. 6.15 seruants The Angels 18 2. Sam. 14.20 of God According to his 19 1. Sam. 13.14 hearts desire The light 20 2. Sam. 21.17 of Israel The 21 Isa 49.23 nursing fathers of the Church with innumerable such stiles of honour wherwith the old Testament is filled whereof our aduersary can pretend no ignorance And as to the new Testament Euery soule is commaunded to be subiect vnto them euen for 22 Rom. 13.5 conscience sake All men 23 1. Tim. 2.2 must be prayed for but especially Kings and those that are in Authoritie that vnder them we may leade a godly peaceable and an honest life The 24 Rom. 13.4 Magistrate is the minister of God to doe vengeance on him that doeth euill and reward him that doeth well Ye must obey all higher powers but 25 1. Pet. 2.13 especially Princes and those that are supereminent Giue euery man his due feare 26 Rom. 13.7 to whom feare belongeth and honour to whome honour Giue 27 Mat. 22.21 vnto Caesar what is Caesars and to God what is Gods 28 Iohn 18.36 Regnum meum non est huius mundi 29 Luk. 12.14 Quis me constituit Iudicem super vos 30 Luk. 22.25 Reges gentium dominantur eorum vos autem non sic If these examples sentences titles and prerogatiues and innumerable other in the Olde and New Testament doe not warrant Christian Kings within their owne dominions to gouerne their Church as well as the rest of their people in being Custodes vtriusque Tabulae not by making new Articles of Faith which is the Popes office as I said before but by commanding obedience to be giuen to the word of God by reforming the religion according to his prescribed will by assisting the spirituall power with the temporall sword by reforming of corruptions by procuring due obedience to the Church by iudging and cutting off all friuolous questions and schismes as 31 Euseb lib. 3. de vita Constantini Constantine did and finally by making decorum to be obserued in euery thing and establishing orders to bee obserued in all indifferent things for that purpose which is the onely intent of our Oath of Supremacie If this Office of a King I say doe not agree with the power giuen him by Gods word let any indifferent man voyd of passion iudge But how these honourable offices styles and prerogatiues giuen by God to Kings in the Old and New Testament as I haue now cited can agree with the braue styles and titles that Bellarmine giueth them I can hardly conceiue 1 De laicis cap. 7. That Kings are rather slaues then Lords 2 De Pent. li. 1. cap. 7. That they are not onely subiects to Popes to Bishops to Priests but euen to Deacons 3 Ibidem That an Emperour must content himselfe to drinke not onely after a Bishop but after a Bishops Chaplen 4 Ibid. de Cler. cap. 28. That Kings haue not their Authoritie nor Office immediatly from God nor his Law but onely from the Law of Nations 5 De Pont. lib. 3. cap. 16. That Popes haue degraded many Emperours but neuer Emperour degraded the Pope nay euen * De Rom. Pontif lib. 5. cap 8. Bishops that are but the Popes vassals may depose Kings and abrogate their lawes 6 De laicis cap. 8. That Church-men are so farre aboue Kings as the soule is aboue the body 7 De Pont. li. 5. cap. 18. That Kings may be deposed by their people for diuers respects 8 De Pon. lib. 2. cap. 26. But Popes can by no meanes be deposed for no flesh hath power to iudge of them 9 De Pont. lib. 4. cap. 15. That obedience due to the Pope is for conscience sake 10 De Clericis cap. 28. But the obedience due to Kings is onely for certaine respects of order and policie 11 Ibidem That these very Church-men that are borne and inhabite in Soueraigne Princes countreys are notwithstanding not their Subiects and cannot bee iudged by them although they may iudge them 12 Ibidem And that the obedience that Church-men giue to Princes euen in the meanest and meere temporall things is not by way of any necessarie subiection but onely out of discretion and for obseruation of good order and custome These contrarieties betweene the Booke of God and Bellarmines bookes haue I heere set in opposition each to other Vt ex contrariis iuxta se positis veritas magis elucescere possit And thus farre I dare boldly affirme that whosoeuer will indifferently weigh these irreconciliable contradictions here set downe will easily confesse that CHRIST is no more contrarie to Belial light to darknesse and heauen to hell then Bellarmines estimation of Kings is to Gods Now as to the conclusion of his letter which is onely filled with strong and pithie exhortations to perswade and confirme Blackwell to the patient and constant induring of martyrdome I haue nothing to answere saue by way of regrate that so many good sentences drawen out of the Scripture so well and so handsomely packed vp together should be so ill and vntrewly applied But an euill cause is neuer the better for so good a cloake and an ill matter neuer amended by good wordes And therefore I may iustly turne ouer that craft of the diuell vpon himselfe in vsing so holy-like an exhortation to so euill a purpose Onely I could haue wished him that hee had a little better obserued his decorum herein in not letting slippe two or three prophane words amongst so many godly mortified Scripture sentences For in all the Scripture especially in the New Testament I neuer read of Pontifex Maximus And the Pope must be content in that style to succeed according to the Law and institution of Numa Pompilius and not to S. Peter who neuer heard nor dreamed of such an Office And for his Caput fidei which I remembred before the Apostles I am sure neuer gaue that style to any but to CHRIST So as these styles whereof some were neuer found in Scripture and some were neuer applyed but to CHRIST in that sense as hee applieth it had beene better to haue beene left out of so holy and mortified a letter To conclude then this present Discourse I heartily wish all indifferent readers of the Breues and Letter not to iudge by the speciousnesse of the wordes but by the weight of the matter not looking to that which is strongly alledged but iudiciously to consider what is iustly prooued And for all my owne good and naturall Subiects that their hearts may remaine established in the trewth that these forraine inticements may not seduce them from their natall and naturall duetie and that
THE Chamber of the third Estate IAN. 15. 1615. THE PREFACE I Haue no humour to play the Curious in a forraine Common wealth or vnrequested to carry any hand in my neighbours affaires Jt hath more congruitie with Royall dignitie whereof God hath giuen mee the honour to prescribe Lawes at home for my Subiects rather then to furnish forraine Kingdomes and people with counsels Howbeit my late entire affection to K. Henry IV. of happy memorie my most honoured brother and my exceeding sorrow for the most detestable parricide acted vpon the sacred person of a King so complete in all heroicall and Princely vertues as also the remembrance of my owne dangers incurred by the practise of conspiracies flowing from the same source hath wrought mee to sympathize with my friends in their grieuous occurrents no doubt so much more dangerous as they are lesse apprehended and felt of Kings themselues euen when the danger hangeth ouer their owne heads Vpon whom in case the power and vertue of my aduertisements be not able effectually to worke at least many millions of children and people yet vnborne shall beare me witnesse that in these dangers of the highest nature and straine J haue not bene defectiue and that neither the subuersions of States nor the murthers of Kings which may vnhappily betide hereafter shall haue so free passage in the world for want of timely aduertisement before For touching my particular my rest is vp that one of the maynes for which God hath aduanced me vpon the loftie stage of the supreme Throne is that my words vttered from so eminent a place for Gods honour most shamefully traduced and vilified in his owne Deputies and Lieutenants might with greater facilitie be conceiued Now touching France faire was the hope which J conceiued of the States assembled in Parliament at Paris That calling to minde the murthers of their Noble Kings and the warres of the League which followed the Popes fulminations as when a great storme of haile powreth downe after a Thunder-cracke and a world of writings addressed to iustifie the parricides and the dethronings of kings they would haue ioyned heads hearts hands together to hammer out some apt and wholesome remedy against so many fearefull attempts and practises To my hope was added no little ioy when I was giuen to vnderstand the third Estate had preferred an Article or Bill the tenor and substance whereof was concerning the meanes whereby the people might bee vnwitched of this pernicious opinion That Popes may tosse the French King his Throne like a tennis ball and that killing of Kings is an acte meritorious to the purchase of the crowne of Martyrdome But in fine the proiect was encountred with successe cleane coutrary to Expectation For this Article of the third Estate like a sigh of libertie breathing her last serued onely so much the more to inthrall the Crowne and to make the bondage more grieuous and sensible then before Euen as those medicines which worke no ease to the patient doe leaue the disease in much worse tearmes so this remedy inuented and tendred by the third Estate did onely exasperate the present malady of the State for so much as the operation and vertue of the wholesome remedy was ouermatched with peccant humours then stirred by the force of thwarting and crossing opposition Yea much better had it bene the matter had not bene stirred at all then after it was once on foot and in motion to giue the Trewth leaue to lye gasping and sprawling vnder the violence of a forraine faction For the opinion by which the Crownes of Kings are made subiect vnto the Popes will and power was then auowed in a most Honourable Assembly by the auerment of a Prelate in great authoritie and of no lesse learning He did not plead the cause as a priuate person but as one by representation that stood for the whole body of the Clergie was there applauded and seconded with approbation of the Nobilitie no resolution taken to the contrary or in barre to his plea. After praises and thankes from the Pope followed the printing of his eloquent harangue or Oration made in full Parliament a set discourse maintaining Kings to be deposeable by the Pope if he speake the word The said Oration was not onely Printed with the Kings priuiledge but was likewise addressed to mee by the Author and Orator himselfe who presupposed the reading thereof would forsooth driue me to say Lord Cardinall in this high subiect your Honour hath satisfied me to the full All this poysed in the ballance of equall iudgement why may not J trewly and freely affirme the said Estates assembled in Parliament haue set Royall Maiestie vpon a doubtfull chance or left it resting vpon vncertaine tearmes and that now if the doctrine there maintained by the Clergie should beare any pawme it may lawfully be doubted who is King in France For I make no question hee is but a titular King that raigneth onely at an others discretion and whose Princely head the Pope hath power to bare of his Regall Crowne In temporall matters how can one be Soueraigne that may be fleeced of all his Temporalties by any superiour power But let men at a neere sight marke the pith and marrow of the Article proposed by the third Estate and they shall soone perceiue the skilfull Architects thereof aymed onely to make their King a trew and reall King to bee recognised for Soueraigne within his owne Realme and that killing their King might no longer passe the muster of workes acceptable to God But by the vehement instance and strong current of the Clergie and Nobles this was borne downe as a pernicious Article as a cause of Schisme as a gate which openeth to all sorts of Heresies yea there it was maintained tooth and naile that in case the doctrine of this Article might goe for currant doctrine it must follow that for many aages past in sequence the Church hath beene the kingdome of Antichrist and the synagogue of Satan The Pope vpon so good issue of the cause had reason J trow to addresse his Letters of triumph vnto the Nobilitie and Clergie who had so farre aprrooued themselues faithfull to his Holinesse and to vaunt withall that hee had nipped Christian Kings in the Crowne that hee had giuen them checke with mate through the magnanimous resolution of this courageous Nobilitie by whose braue making head the third Estate had beene so valiantly forced to giue ground Jn a scornefull reproach hee qualified the Deputies of the third Estate I haue receiued aduertisement from diuers parts that in the Popes letters to the Nobitie these wordes were extant howsoeuer they haue bin left out in the impression rased out of the copies of the said letters nebulones ex foece plebis a sort or a number of knaues the very dregges of the base vulgar a packe of people presuming to personate well affected Subiects and men of deepe vnderstanding and to reade their masters a
because he imbraced false religion and worshipped false gods False too like the former King Achab lost his crowne and his life both together The Scripture that speaketh not according to mans fancie but according to the trewth doeth extend and number the yeeres of Achabs raigne to the time of his death Predictions of a Kings ruine are no sentences of deposition Elias neuer gaue the subiects of Achab absolution from their oath of obedience neuer gaue them the least inckling of any such absolution neuer set vp or placed any other King in Achabs throne That of the L. Cardinall a little after Pag. 68. is no lesse vntrew That King Vzziah was driuen from the conuersation of the people by Azarias the Priest and thereby the administration of his Kingdome was left no longer in his power Nor so For when God had smitten Vzziah with leprosie in his forehead 2. Chro. 26. he withdrew himselfe or went out into an house apart for feare of infecting such as were whole by his contagious disease The high Priest smote him not with any sentence of deposition or denounced him suspended from the administration of his Kingdome No the dayes of his raigne are numbred in Scripture to the day of his death And whereas the Priest according to the Law in the 13. of Leuit. iudged the King to be vncleane he gaue sentence against him not as against a criminall person and thereby within the compasse of deposition but as against a diseased body For the Law inflicteth punishments not vpon diseases but vpon crimes Hereupon whereas it is recorded by Iosephus in his Antiquities Antiq. l. 9. cap. 11. that Vzziah led a priuate and in a maner a solitarie life the said author doeth not meane that Vzziah was deposed but onely that he disburdened himselfe of care to mannage the publique affaires The example of Mattathias Pag. 69. by whom the Iewes were stirred vp to rebel against Antiochus is no better worth For in that example we finde no sentence of deposition but onely an heartning and commotion of a people then grieuously afflicted and oppressed He that makes himselfe the ringleader of conspiracie against a King doeth not foorthwith assume the person or take vp the office and charge of a Iudge in forme of Law and iuridically to depriue a King of his Regall rights and Royall prerogatiues Mattathias was chiefe of that conspiracie not in qualitie of Priest but of cheiftaine or leader in warre and a man the best qualified of all the people Things acted by the suddaine violence of the base vulgar must not stand for Lawes nor yet for proofes and arguments of ordinarie power such as the Pope challengeth to himselfe and appropriateth to his triple-Crowne These be our solide answeres Page 67. we disclaime the light armour which the L. Cardinall is pleased to furnish vs withall forsooth to recreate himselfe in rebating the points of such weapons as hee hath vouchsafed to put into our hands Now it wil be worth our labour to beate by his thrusts fetcht from the ordinary mission of the New Testament from leprosie stones and locks of wooll A leach no doubt of admirable skill one that for subiecting the Crownes of Kings vnto the Pope is able to extract arguments out of stones yea out of the leprosie and the drie scab onely forsooth because heresie is a kind of leprosie and an heretike hath some affinitie with aleper But may not his Quoniam Page 66. bee as fitly applyed to any contagious and inueterate vice of the minde beside heresie His warning-piece therefore is discharged to purpose whereby hee notifies that hee pretendeth to handle nothing with resolution For indeed vpon so weake arguments a resolution is but ill-fauouredly and weakely grounded His bulwarkes thus beaten downe Page 69. let vs now view the strength of our owne First he makes vs to fortifie on this maner They that are for the negatiue doe alleadge the authoritie of S. Paul Let euery soule bee subiect vnto the higher powers For whosoeuer resisteth the power resisteth the ordinance of God And likewise that of S. Peter Submit your selues whether it be vnto the King as vnto the superiour or vnto gouernours c. Vpon these passages and the like they inferre that obedience is due to Kings by the Law of God and not dispensable by any Spirituall or Temporall authoritie Thus he brings vs in with our first weapon But here the very chiefe sinew and strength of our argument hee doeth wittingly balke and of purpose conceale To wit That all the Emperors of whom the said holy Apostles haue made any mention in their diuine Epistles were professed enemies to CHRIST Pagans Infidels fearefull and bloody Tyrants to whom notwithstanding euery soule and therefore the Bishop of Rome for one is commanded to submit himselfe and to professe subiection Thus much Chrysostome hath expresly taught in his Hom. 23. vpon the Epistle to the Romanes The Apostle giues this commandement vnto all euen to Priests also and cloistered Monkes not onely to Secular be thou an Apostle an Euangelist a Prophet c. Besides it is here worthy to be noted that howsoeuer the Apostles rule is generall and therefore bindeth all the faithfull in equall bands yet is it particularly directly and of purpose addressed to the Church of Rome by S. Paul as by one who in the spirit of an Apostle did foresee that rebellion against Princes was to rise and spring from the citie of Rome Now in case the Head of that Church by warrant of any priuiledge contained in the most holy Register of Gods holy word is exempted from the binding power of this generall precept or rule did it not become his Lordship to shew by the booke that it is a booke case and to lay it foorth before that honourable assembly who no doubt expected and waited to heare when it might fall from his learned lips But in stead of any such authenticall and canonicall confirmation he flieth to a sleight shift and with a cauill is bold to affirme the foundation laid by those of our side doeth no way touch the knot of the controuersie Let vs heare him speake It is not in controuersie whether obedience be due to kings by Gods Law so long as they are kings or acknowledged for Kings but our point controuerted is whether by Gods Law it be required that hee who hath bene once recognised and receiued for King by the body of Estates can at any time be taken and reputed as no King that is to say can doe no maner of acte whereby hee may loose his right and so cease to be saluted King This answere of the L. Cardinall is the rare deuise euasion and starting hole of the Iesuites In whose eares of delicate and tender touch King-killing soundeth very harsh but forsooth to vn-king a King first and then to giue him the stab that is a point of iust and trew descant For to kill a King once
shewing that he by no meanes doeth approue those prophane and heathenish Lawes whereby secret practises and conspiracies against a Tyrant by administration are permitted His reason Because after deposition there is a certaine habitude to Royall dignitie and as it were a kinde of politicke Character inherent in Kings by which they are discerned from persons meerely priuate or the common sort of people and the obstacle crosse-barre or sparre once remooued and taken out of the way the said Kings deposed are at length reinuested and endowed againe with lawfull vse of Royall dignitie and with lawfull administration of the Kingdome Is it possible that his Lordship can speake and vtter these words according to the inward perswasion of his heart I beleeue it not For admit a King cast out of his Kingdome were sure to escape with life yet being once reduced to a priuate state of life after hee hath wound or wrought himselfe out of deadly danger so farre he is from holding or retayning any remainder of dignity or politike impression that on the contrary he falleth into greater contempt and misery then if he had bene a very peasant by birth and had neuer held or gouerned the sterne of Royall estate What fowle is more beautifull then the peacocke Let her be plumed and bereft of her feathers what owle what iacke-daw more ridiculous more without all pleasant fashion The homely sowter the infamous catchpol the base tincker the rude artificer the pack-horse-porter then liuing in Rome with libertie when Valentinian was detain'd captiue by Saporas the Persian King was more happie then that Romane Emperour And in case the L. Cardinall himselfe should bee so happie I should say so vnfortunate to be stript of all his dignities and Ecclesiasticall promotions would it not redound to his Lordships wonderfull consolation that in his greatest extremity in the lowest of his barenesse and nakednesse he still retaineth a certaine habituall right and character of a Cardinall whereby to recouer the losse of his former dignities and honours when hee beholds these prints and impressions of his foresaid honours would it not make him the more willing and glad to forsake the backe of his venerable mule to vse his Cardinals foot-cloath no longer but euer after like a Cardinall in print and character to walke on foot But let vs examine his Lordships consolation of Kings thrust out of their kingdomes by the Pope for heresie The obstacle as the L. Cardinall speaketh being taken away that is to say when the King shall be reformed thâ—â— habituall right and character yet inherent in the person of a King restores him to the lawfull administration of his Kingdome I take this to be but a cold comfort For here his Lordship doeth onely presuppose and not prooue that after a King is thrust out of his Throne when hee shall repent and turne trew Romane Catholike the other by whom he hath bene cast out and by force disseised will recall him to the Royall seat and faithfully settle him againe in his ancient right as one that reioyceth for the recouery of such a lost sheepe But I should rather feare the new King would presse and stand vpon other termes as a terme of yeeres for a triall whether the repentance of the King displaced be trew sound to the coare or counterfeit dissembled and painted holines for the words the sorrowfull and heauie lookes the sad and formall gestures of men pretending repentance are not alwayes to bee taken to be respected to be credited Againe I should feare the afflicted King might be charged and borne downe too that albeit hee hath renounced his former heresie hee hath stumbled since at an other stone and runne the ship of his faith against some other rocke of new hereticall prauitie Or I should yet feare he might be made to beleeue that heresie maketh a deeper impression and a character more indeleble in the person then is the other politike character of Regal Maiestie Alas good Kings in how hard in how miserable a state doe they stand Once deposed and euer barred of repentance As if the scapes and errors of Kings were all sinnes against the Holy Ghost or sinnes vnto death for which it is not lawfull to pray Falls a pruiate person he may be set vp and new established Falls a King is a King deposed his repentance is euer fruitlesse euer vnprofitable Hath a priuate person a traine of seruants He can not be depriued of any one without his priuitie and consent Hath a King millions of subiects He may be depriued by the Pope of a third part when his Holinesse will haue them turne Clerics or enter Cloisters without asking the King leaue and so of subiects they may be made non-subiects But I question yet further A King falling into heresie is deposed by the Pope his sonne stands pure Catholike The Regal seat is empty Who shall succeed in the deposed Kings place Shall a stranger be preferred by the Pope That were to doe the innocent sonne egregious and notorious wrong Shall the sonne himselfe That were a more iniurious part in the sonne against his father For if the sonne bee touched with any feare of God or mooued with any reuerence towards his father hee will diligently and seriously take heed that hee put not his father by the Kingdome by whose meanes he himselfe is borne to a Kingdome Nor will hee tread in the steps of Henry the V. Emperour who by the Popes instigation expelled and chased his aaged father out of the Imperiall dignitie Much lesse wil he hearken to the voice and aduise of Doctor Suares the Iesuite Lib. 6. cap. 4. Si Papa Regem depenat ab illis tantum poterit expells vet interfics quibus ipse id commiserit who in his booke written against my selfe a booke applauded and approoued of many Doctours after hee hath like a Doctour of the chaire pronounced That a King deposed by the Pope cannot bee lawfully expelled or killed but onely by such as the Pope hath charged with such execution falleth to adde a little after If the Pope shall declare a King to bee an heretike and fallen from the Kingdome without making further declaration touching execution that is to say without giuing expresse charge vnto any to make away the King then the lawfull successour beeing a Catholike hath power to doe the feate and if he shall refuse or if there shall be none such then it appertaineth to the comminaltie or body of the Kingdome A most detestable sentence For in hereditarie Kingdomes who is the Kings lawfull successour but his sonne The sonne then by this doctrine shall imbrew his hands in his owne fathers blood so soone as he shall be deposed by the Pope A matter so much the neerer and more deepely to bee apprehended because the said most outragious booke flyeth like a furious mastiffe directly at my throat and withall instilleth such precepts into the tender disposition of my sonne as if hereafter hee shall
Paul saith That hee may plant Apollo may water but it is GOD onely that must giue the increase This I speake because of the long time which hath benespent about the Treatie of the Vnion For my selfe I protest vnto you all When I first propounded the Vnion I then thought there could haue bene no more question of it then of your declaration and acknowledgement of my right vnto this Crowne and that as two Twinnes they would haue growne vp together The errour was my mistaking I knew mine owne ende but not others feares But now finding many crossings long disputations strange questions and nothing done I must needs thinke it proceeds either of mistaking of the errand or else from some iealousie of me the Propounder that you so adde delay vnto delay searching out as it were the very bowels of Curiositie and conclude nothing Neither can I condemne you for being yet in some iealousie of my intention in this matter hauing not yet had so great experience of my behauiour and inclination in these few yeeres past as you may peraduenture haue in a longer time hereafter and not hauing occasion to consult dayly with my selfe and heare mine owne opinion in all those particulars which are debated among you But here I pray you now mistake mee not at the first when as I seeme to finde fault with your delayes and curiositie as if I would haue you to resolue in an houres time that which will take a moneths aduisement for you all know that Rex est lex loquens And you haue oft heard mee say That the Kings will and intention being the speaking Law ought to bee Luce clarius and I hope you of the Lower house haue the proofe of this my clearenesse by a Bil sent you downe from the Vpper house within these few dayes or rather few houres wherein may very well appeare vnto you the care I haue to put my Subiects in good securitie of their possessions for all posterities to come And therefore that you may clearely vnderstand my meaning in that point I doe freely confesse you had reason to aduise at leasure vpon so great a cause for great matters doe cuer require great deliberation before they be well concluded Deliberandum est diu quod statuendum est semel Consultations must proceed lento pede but the execution of a sentence vpon the resolution would be speedie If you will goe on it matters not though you goe with leaden feet so you make still some progresse and that there be no let or needlesse delay and doe not Nodum in scirpo quaerere I am euer for the Medium in euery thing Betweene foolish rashnesse and extreame length there is a middle way Search all that is reasonable but omit that which is idle curious and vnnecessary otherwise there can neuer be a resolution or end in any good worke And now from the generall I wil descend to particulars and wil onely for the ease of your memories diuide the matter that I am to speake of into foure heads by opening vnto you First what I craue Secondly in what maner I desire it Thirdly what commodities will ensue to both the Kingdomes by it Fourthly what the supposed inconueniencie may be that giues impediments thereunto For the first what I craue I protest before GOD who knowes my heart and to you my people before whom it were a shame to lie that I claime nothing but with acknowledgement of my Bond to you that as yee owe to me subiection and obedience So my Soueraigntie obligeth mee to yeeld to you loue gouernment and protection Neither did I euer wish any happinesse to my selfe which was not conioyned with the happinesse of my people I desire a perfect Vnion of Lawes and persons and such a Naturalizing as may make one body of both Kingdomes vnder mee your King That I and my posteritie if it so please God may rule ouer you to the worlds ende Such an Vnion as was of the Scots and Pictes in Scotland and of the Heptarchie here in England And for Scotland I auow such an Vnion as if you had got it by Conquest but such a Conquest as may be cemented by loue the onely sure bond of subiection or friendship that as there is ouer both but vnus Rex so there may be in both but vnus Grex vna Lex For no more possible is it for one King to gouerne two Countreys Contiguous the one a great the other a lesse a richer and a poorer the greater drawing like an Adamant the lesser to the Commodities thereof then for one head to gouerne two bodies or one man to be husband of two wiues whereof Christ himselfe said Ab initio non fuit sic But in the generall Vnion you must obserue two things for I will discouer my thoughts plainly vnto you I study clearenes not eloquence And therefore with the olde Philosopers I would heartily wish my brest were a transparent glasse for you all to see through that you might looke into my heart and then would you be satisfied of my meaning For when I speake of a perfect Vnion I meane not confusion of all things you must not take from Scotland those particular Priuiledges that may stand as well with this Vnion as in England many particular customes in particular Shires as the Customes of Kent and the Royalties of the Countie Palatine of Chester do with the Common Law of the Kingdome for euery particular Shire almost and much more euery Countie haue some particular customes that are as it were naturally most fit for that people But I meane of such a generall Vnion of Lawes as may reduce the whole Iland that as they liue already vnder one Monarch so they may all bee gouerned by one Law For I must needs confesse by that little experience I haue had since my comming hither and I thinke I am able to prooue it that the grounds of the Common Law of England are the best of any Law in the world either Ciuil or Municipall and the fittest for this people But as euery Law would be cleare and full so the obscuritie in some points of this our written Law and want of fulnesse in others the variation of Cases and mens curiositie breeding euery day new questions hath enforced the Iudges to iudge in many Cases here by Cases and presidents wherein I hope Lawyers themselues will not denie but that there must be a great vncertaintie and I am sure all the rest of you that are Gentlemen of other professions were long agoe wearie of it if you could haue had it amended For where there is varietie and vncertaintie although a iust Iudge may do rightly yet an ill Iudge may take aduantage to doe wrong and then are all honest men that succeede him tied in a maner to his vniust and partiall conclusions Wherefore leaue not the Law to the pleasure of the Iudge but let your Lawes be looked into for I desire not the abolishing of
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
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
of nouelties For remedie whereof besides the execution of Lawes that are to be vsed against vnreuerent speakers I know no better meane then so to rule as may iustly stop their mouthes from all such idle and vnreuerent speeches and so to prop the weale of your people with prouident care for their good gouernment that iustly Momus himselfe may haue no ground to grudge at and yet so to temper and mixe your seueritie with mildnes that as the vniust railers may be restrained with a reuerentawe so the good and louing Subiects may not onely liue in suretie and wealth but be stirred vp and inuited by your benigne courtesies to open their mouthes in the iust praise of your so well moderated regiment Arist 5. pol. Isoc in paneg In respect whereof and therewith also the more to allure them to a common amitie among themselues certaine dayes in the yeere would be appointed for delighting the people with publicke spectacles of all honest games and exercise of armes as also for conueening of neighbours for entertaining friendship and heartlinesse by honest feasting and merrinesse For I cannot see what greater superstition can be in making playes and lawfull games in Maie and good cheere at Christmas then in eating fish in Lent and vpon Fridayes the Papists as well vsing the one as the other so that alwayes the Sabboths be kept holy and no vnlawfull pastime be vsed And as this forme of contenting the peoples mindes hath beene vsed in all well gouerned Republicks so will it make you to performe in your gouernment that olde good sentence Omne tulit punctum Hor. de art poet qui miscuit vtile dulci. Ye see now my Sonne how for the zeale I beare to acquaint you with the plaine and single veritie of all things I haue not spared to be something Satyricke in touching well quickly the faults in all the estates of my kingdome But I protest before God I doe it with the fatherly loue that I owe to them all onely hating their vices whereof there is a good number of honest men free in euery estate And because for the better reformation of all these abuses among your estates it will be a great helpe vnto you to be well acquainted with the nature and humours of all your Subiects and to know particularly the estate of euery part of your dominions I would therefore counsell you Plat. in pol. Min. Tacit. 7. an Mart. once in the yeere to visite the principall parts of the countrey ye shal be in for the time and because I hope ye shall be King of moe countries then this once in the three yeeres to visite all your Kingdomes not lipening to Vice-royes but hearing your selfe their complaints and hauing ordinarie Councels and iustice-seates in euerie Kingdome of their owne countriemen and the principall matters euer to be decided by your selfe when ye come in those parts Ye haue also to consider Protection from forraine miuries Xeno 8. Cyr. Arist 5 pol. Polib 6. Dion Hal. de Romul that yee must not onely bee carefull to keepe your subiects from receiuing anie wrong of others within but also yee must be careful to keepe them from the wrong of any forraine Prince without sen the sword is giuen you by God not onely to reuenge vpon your owne subiects the wrongs committed amongst themselues but further to reuenge and free them of forraine iniuries done vnto them And therefore warres vpon iust quarrels are lawful but about all let not the wrong cause be on your side Vse all other Princes as your brethren honestly and kindely What formes to be vsed with other Princes Isoc in Plat. Parag. Keepe precisely your promise vnto them although to your hurt Striue with euâ—râ—e one of them in courtesie and thankefulnesse and as with all men so especially with them bee plaine and trewthfull keeping euer that Christian rule to doe as yee would be done to especially in counting rebellion against any other Prince a crime against your owne selfe because of the preparatiue Supplie not therefore nor trust not other Princes rebels but pittie and succour all lawfull Princes in their troubles Arist ad A. Verr. 11. de V. p. R. Cu. 2. Of. Liu. lib. 4. But if any of them will not abstaine notwithstanding what-soeuer your good deserts to wrong you or your subiects craue redresse at leasure heare and doe all reason and if no offer that is lawfull or honourable can make him to abstaine nor repaire his wrong doing then for last refuge Liu. lib. 1. Cic. cod commit the iustnesse of your cause to God giuing first honestly vp with him and in a publicke and honourable forme But omitting now to teach you the forme of making warres Of warre because that arte is largely treated of by many Prop. 4. Eleg. Lucan 7. Varro 11. de V. P. R. and is better learned by practise then speculation I will onely set downe to you heere a few precepts therein Let first the iustnesse of your cause be your greatest strength and then omitte not to vse all lawfull meanes for backing of the same Consult therefore with no Necromancier nor false Prophet vpon the successe of your warres remembring on king Saules miserable end 1. Sam. 31. but keepe your land cleane of all South-sayers Deut. 18. according to the commaund in the Law of God dilated by Ieremie Neither commit your quarrell to bee tried by a Duell for beside that generally all Duell appeareth to bee vnlawful committing the quarrell as it were to a lot whereof there is no warrant in the Scripture since the abrogating of the olde Lawe it is specially moste vn-lawfull in the person of a King Plutat in Sect. Ant. who being a publicke person hath no power therefore to dispose of himselfe in respect that to his preseruation or fall the safetie or wracke of the whole common-weale is necessarily coupled as the body is to the head Before ye take on warre Luke 14. play the wise Kings part described by Christ fore-seeing how ye may beare it out with all necessarie prouision especially remember Thuc. 2. Sal in lug Cic. prol Man Demost olyn 2. Liu. li. 30. Veger 1. Caes 1. 3. de 〈◊〉 ciuilâ— Proh in Thras that money is Neruus belli Choose old experimented Captaines and yong able souldiers Be extreamely strait and seuere in martiall Discipline as well for keeping of order which is as requisite as hardinesse in the warres and punishing of slouth which at a time may put the whole armie in hazard as likewise for repressing of mutinies which in warres are wonderfull dangerous And looke to the Spaniard whose great successe in all his warres hath onely come through straitnesse of Discipline and order for such errours may be committed in the warres as cannot be gotten mended againe Be in your owne person walkrife Caes 1. de bello ciu Liu. l. 7. Xen. 1. 5. Câ—r de
companie of dames which are nothing else but irritamenta libidinis Bee warre likewaies to abuse your selfe in making your sporters your counsellers and delight not to keepe ordinarily in your companie Comoedians or Balladines for the Tyrans delighted most in them Pl. 3. de rep Ar. 7. 8. pol. Sen. 1. ep Dyon glorying to bee both authors and actors of Comoedies and Tragedies themselues Wherupon the answere that the poet Philoxenus disdainefully gaue to the Tyran of Syracuse there-anent is now come in a prouerbe reduc me in latomias Suidas And all the ruse that Nero made of himselfe when he died was Qualis artifexpereo Suet. in Ner. meaning of his skill in menstrally and playing of Tragoedies as indeede his whole life and death was all but one Tragoedie Delight not also to bee in your owne person a player vpon instruments especially on such as commonly men winne their liuing with nor yet to be fine of any mechanicke craft 1. Sep. Leur esprit s'en fuit au bout des doigts saith Du Bartas whose workes as they are all most worthie to bee read by any Prince or other good Christian so would I especially wish you to bee well versed in them But spare not some-times by merie company to be free from importunitie for ye should be euer mooued with reason which is the onely qualitie whereby men differ from beasts and not with importunitie Curt. 8. For the which cause as also for augmenting your Maiestie ye shall not be so facile of accesse-giuing at all times as I haue beene Liu. 35. Xen. in Ages Cit. ad Q frat and yet not altogether retired or locked vp like the Kings of Persia appointing also certaine houres for publicke audience And since my trust is that God hath ordained you for moe Kingdomes then this as I haue oft alreadie said preasse by the outward behauiour as well of your owne person A speciall good rule in gouernment as of your court in all indifferent things to allure piece and piece the rest of your kingdomes to follow the fashions of that kingdome of yours that yee finde most ciuill easiest to be ruled and most obedient to the Lawes for these outward and indifferent things will serue greatly for allurements to the people to embrace and follow vertue But beware of thrawing or constraining them thereto letting it bee brought on with time and at leisure specially by so mixing through alliance and daily conuersation the inhabitants of euery kingdom with other as may with time make them to grow and welde all in one Which may easily be done betwixt these two nations being both but one Ile of Britaine and alreadie ioyned in vnitie of Religion and language The fruitfull effects of the vnion So that euen as in the times of our ancestours the long warres and many bloodie battels betwixt these two countreys bred a naturall and hereditarie hatred in euery of them against the other the vniting and welding of them hereafter in one by all sort of friendship commerce and alliance will by the contrary produce and maintaine a naturall and inseparable vnitie of loue amongst them Alreadie kything in the happy amitie As we haue already praise be to God a great experience of the good beginning hereof and of the quenching of the olde hate in the hearts of both the people procured by the meanes of this long and happy amitie betweene the Queene my dearest sister and me which during the whole time of both our Reignes hath euer beene inuiolably obserued And for conclusion of this my whole Treatise Conclusion in forme of abridge of the whole Treatise remember my Sonne by your trew and constant depending vpon God to looke for a blessing to all your actions in your office by the outward vsing thereof to testifie the inward vprightnesse of your heart and by your behauiour in all indifferent things to set foorth the viue image of your vertuous disposition and in respect of the greatnesse and weight of your burthen to be patient in hearing keeping your heart free from praeoccupation ripe in concluding Thuc. 6. Dion 52. and constant in your resolution For better it is to bide at your resolution although there were some defect in it then by daily changing to effectuate nothing taking the paterne thereof from the microcosme of your owne body wherein ye haue two eyes signifying great foresight and prouidence with a narrow looking in all things and also two eares signifying patient hearing and that of both the parties but ye haue but one tongue for pronouncing a plaine sensible and vniforme sentence and but one head and one heart for keeping a constant vniforme resolution according to your apprehension hauing two hands and two feete with many fingers and toes for quicke execution in employing all instruments meet for effectuating your deliberations But forget not to digest euer your passion before ye determine vpon any thing since Ira furor breuis est Hir. lib. 1. epist. vttering onely your anger according to the Apostles rule Irascimini sed ne peccetis taking pleasure not only to reward Ephes 4. but to aduance the good which is a chiefe point of a Kings glory but make none ouer-great Arist 5. pol. Dion 52. but according as the power of the countrey may beare and punishing the euill but euery man according to his owne offence not punishing nor blaming the father for the sonne Plat. 9. de leg nor the brother for the brother much lesse generally to hate a whole race for the fault of one for noxa caput sequitur And aboue all let the measure of your loue to euery one be according to the measure of his vertue letting your fauour to be no longer tyed to any then the continuance of his vertuous disposition shall deserue not admitting the excuse vpon a iust reuenge to procure ouersight to an iniurie For the first iniurie is committed against the partie but the parties reuenging thereof at his owne hand is a wrong committed against you in vsurping your office whom to onely the sword belongeth for reuenging of all the iniuries committed against any of your people Thus hoping in the goodnes of God that your naturall inclination shall haue a happy sympathie with these pręcepts making the wise-mans scholemaster which is the example of others to bee your teacher according to that old verse Foelix quem faciunt aliena pericula cautum eschewing so the ouer-late repentance by your owne experience which is the schoole-master of fooles I wil for end of all require you my Sonne as euer ye thinke to deserue my fatherly blessing to keepe continually before the eyes of your minde the greatnesse of your charge Plat. in pol. Cic. 5. d◠re◠making the faithfull and due discharge thereof the principal butt ye shoot at in all your actions counting it euer the principall and all your other actions but as accessories to be
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
our Myne vnto the Wal and about Candlemas we had wrought the Wall halfe through And whilest they were in working I stood as Sentinell to descrie any man that came neere whereof I gaue them warning and so they ceased vntill I gaue notice againe to proceed All we seuen lay in the House and had shot and powder being resolued to die in that place before we should yeeld or be taken As they were working vpon the wall they heard a rushing in a cellar of remoouing of coales whereupon we feared wee had bene discouered and they sent mee to goe to the cellar who finding that the coales were a selling and that the cellar was to be let viewing the commoditie thereof for our purpose Percy went and hired the same for yeerely rent Wee had before this prouided and brought into the House twentie barrels of powder which we remooued into the cellar and couered the same with billets and faggots which were prouided for that purpose About Easter the Parliament being prorogued till October next wee dispersed our selues and I retired into the Low countreys by aduice and direction of the rest aswell to acquaint Owen with the particulars of the plot as also lest by my longer stay I might haue growne suspicious and so haue come in question In the meane time Percy hauing the key of the cellar layd in more powder and wood into it I returned about the beginning of September next and then receiuing the key againe of Percy wee brought in more powder and billets to couer the same againe and so I went for a time into the countrey till the 30. of October It was further resolued amongst vs that the same day that this acte should haue bene performed some other of our confederates should haue surprised the person of the Lady ELIZABETH the Kings eldest daughter who was kept in Warwickshire at the Lord Haringtons house and presently haue proclaimed her Queene hauing a proiect of a Proclamation ready for that purpose wherein wee made no mention of altering of Religion nor would haue auowed the deed to be ours vntill we should haue had power ynough to make our partie good and then wee would haue auowed both Concerning duke CHARLES the Kings second sonne we had sundry consultations how to seize on his person But because wee found no meanes how to compasse it the duke being kept neere London where we had not forces ynough wee resolued to serue our turne with the Lady ELIZABETH THE NAMES OF OTHER PRINCIPALL PERSONS THAT WERE MADE PRIVIE AFTERwards to this horrible conspiracie Euerard Digby knight Ambrose Rookwood Francis Tresham John Grant Robert Keyes Commiss Notingham Worcester Suffolke Deuonshire Northampton Salisbury Marre Dunbar Popham Edw. Cooke William Waad ANd in regard that before this discourse could be ready to goe to the Presse Thomas Winter being apprehended and brought to the Tower made a confession in substance agreeing with this former of Fawkes onely larger in some circumstances I haue thought good to insert the same likewise in this place for the further clearing of the matter and greater benefit of the Reader THOMAS WINTERS CONFESSION TAKEN THE XXIII OF NOVEMBER 1605. IN THE PRESENCE OF the Counsellors whose names are vnder-written My most Honourable Lords NOt out of hope to obtaine pardon for speaking of my temporall part I may say The fault is greater then can bee forgiuen nor affecting hereby the title of a good Subiect for I must redeeme my countrey from as great a danger as I haue hazarded the bringing of her into before I can purchase any such opinion Onely at your Honours command I will briefly set downe mine owne accusation and how farre I haue proceeded in this businesse which I shall the faithfullier doe since I see such courses are not pleasing to Almightie God and that all or the most materiall parts haue bene already confessed I remained with my brother in the countrey from Alhallontyde vntill the beginning of Lent in the yeere of our Lord 1603. the first yeere of the Kings reigne about which time master Catesby sent thither intreating me to come to London where hee and other my friends would be glad to see me I desired him to excuse me for I found my selfe not very well disposed and which had happened neuer to mee before returned the messenger without my company Shortly I receiued another letter in any wise to come At the second summons I presently came vp and found him with master Iohn Wright at Lambeth where he brake with me how necessary it was not to forsake our countrey for he knew I had then a resolution to goe ouer but to deliuer her from the seruitude in which shee remained or at least to assist her with our vttermost endeuours I answered That I had often hazarded my life vpon farre lighter termes and now would not refuse any good occasion wherein I might doe seruice to the Catholicke cause but for my selfe I knew no meane probable to succeed He said that he had bethought him of a way at one instant to deliuer vs from all our bonds and without any forraine helpe to replant againe the Catholicke Religion and with all told mee in a word It was to blow vp the Parliament house with Gunpowder for said he in that place haue they done vs all the mischiefe and perchance God hath desseigned that place for their punishment I wondered at the strangenesse of the conceipt and told him that trew it was this strake at the root and would breed a confusion fit to beget new alterations But if it should not take effect as most of this nature miscaried the scandall would be so great which Catholicke Religion might hereby sustaine as not onely our enemies but our friends also would with good reason condemne vs. He told me The nature of the disease required so sharpe a remedie and asked me if I would giue my consent I told him yes in this or what els soeuer if he resolued vpon it I would venture my life But I proposed many difficulties As want of an house and of one to cary the Myne noyse in the working and such like His answere was Let vs giue an attempt and where it faileth passe no further But first quoth hee Because wee will leaue no peaceable and quiet way vntryed you shall goe ouer and informe the Constable of the state of the Catholickes here in England intreating him to sollicite his Maiestie at his comming hither that the penall Lawes may be recalled and wee admitted into the rancke of his other Subiects withall you may bring ouer some confident Gentleman such as you shall vnderstand best able for this businesse and named vnto mee master Fawkes Shortly after I passed the Sea and found the Constable at Bergen neere Dunkirke where by helpe of master Owen I deliuered my message Whose answere was that hee had strict command from his Master to doe all good Offices for the Catholickes and for his owne part hee thought himselfe
for the Rectorie of Newchurch And Edward II. following the footsteps of his Father after giuing out a Summons against the Abbot of Walden for citing the Abbot of Saint Albons and others in the Court of Rome gaue out letters for his apprehension And likewise because a certaine Prebend of Banburie had drawen one Beuercoat by a Plea to Rome without the Kings Dominions therefore were letters of Caption sent foorth against the said Prebend And Edward III. following likewise the example of his Predecessours Because a Parson of Liche had summoned the Prior of S. Oswalds before the Pope at Auinion for hauing before the Iudges in England recouered the arrerage of a pension directed a Precept for seasing vpon all the goods both Spirituall and Temporall of the said Parson because hee had done this in preiudice of the King and Crowne The saide King also made one Harwoden to bee declared culpable and worthie to bee punished for procuring the Popes Bulles against a Iudgement that was giuen by the Kings Iudges And likewise Because one entred vpon the Priorie of Barnewell by the Popes Bul the said Intrant was committed to the Tower of London there to remaine during the Kings pleasure So as my Predecessors ye see of this Kingdome euen when the Popes triumphed in their greatnesse spared not to punish any of their Subiects that would preferre the Popes Obedience to theirs euen in Church-matters So farre were they then from either acknowledging the Pope for their temporall Superiour or yet from doubting that their owne Church-men were not their Subiects And now I will close vp all these examples with an Act of Parliament in King Richard II. his time whereby it was prohibited That none should procure a Benefice from Rome vnder paine to be put out of the Kings protection And thus may yee see that what those Kings successiuely one to another by foure generations haue acted in priuate the same was also maintained by a publike Law By these few examples now I hope I haue sufficiently cleered my selfe from the imputation that any ambition or desire of Noueltie in mee should haue stirred mee either to robbe the Pope of any thing due vnto him or to assume vnto my selfe any farther authoritie then that which other Christian Emperours and Kings through the world and my owne Predecessours of England in especiall haue long agone maintained Neither is it enough to say as Parsons doeth in his Answere to the Lord Coke That farre more Kings of this Countrey haue giuen many more examples of acknowledging or not resisting the Popes vsurped Authorities some perchance lacking the occasion and some the abilitie of resisting them for euen by the Ciuill Law in the case of violent intrusion and long and wrongfull possession against mee it is enough if I prooue that I haue made lawfull interruption vpon conuenient occasions But the Cardinall thinkes the Oath not onely vnlawfull for the substance therof but also in regard of the Person whom vnto it is to be sworne For saith he The King is not a Catholique And in two or three other places of his booke he sticketh not to call me by my name very broadly an Heretike as I haue already told But yet before I be publikely declared an Heretike by the Popes owne Law my people ought not to refuse their Obedience vnto me And I trust if I were but a subiect and accused by the Pope in his Conclaue before his Cardinals hee would haue hard prouing mee an Heretike if he iudged me by their owne ancient Orders For first I am no Apostate as the Cardinal would make me not onely hauing euer bene brought vp in that Religion which I presently professe but euen my Father and Grandfather on that side professing the same and so cannot be properly an Heretike by their owne doctrine since I neuer was of their Church And as for the Queene my Mother of worthy memorie although she continued in that Religion wherein shee was nourished yet was she so farre from being superstitious or Iesuited therein that at my Baptisme although I was baptized by a Popish Archbishop she sent him word to forbeare to vse the spettle in my Baptisme which was obeyed being indeed a filthy and an apish tricke rather in scorne then imitation of CHRIST And her owne very words were That she would not haue a pockie priest to spet in her childs mouth As also the Font wherein I was Christened was sent from the late Queene here of famous memory who was my Godmother and what her Religion was Pius V. was not ignorant And for further proofe that that renowmed Queene my Mother was not superstitious as in all her Letters whereof I receiued many she neuer made mention of Religion nor laboured to perswade me in it so at her last words she commanded her Master-houshold a Scottish Gentleman my seruant and yet aliue she commanded him I say to tell me That although she was of another Religion then that wherein I was brought vp yet she would not presse me to change except my owne Conscience forced mee to it For so that I led a good life and were carefull to doe Iustice and gouerne well she doubted not but I would be in a good case with the profession of my owne Religion Thus am I no Apostate nor yet a deborder from that Religion which one part of my Parents professed and an other part gaue mee good allowance of Neither can my Baptisme in the rites of their Religion make me an Apostate or Heretike in respect of my present profession since we all agree in the substance thereof being all Baptized In the Name of the Father the Sonne and the holy Ghost vpon which head there is no variance amongst vs. And now for the point of Heretike I will neuer bee ashamed to render an accompt of my profession and of that hope that is in me as the Apostle prescribeth I am such a CATHOLIKE CHRISTIAN as beleeueth the three Creeds That of the Apostles that of the Councell of Nice and that of Athanasius the two latter being Paraphrases to the former And I beleeue them in that sense as the ancient Fathers and Councels that made them did vnderstand them To which three Creeds all the Ministers of England doe subscribe at their Ordination And I also acknowledge for Orthodoxe all those other formes of Creedes that either were deuised by Councels or particular Fathers against such particular Heresies as most reigned in their times I reuerence and admit the foure first generall Councels as Catholique and Orthodoxe And the said foure generall Councels are acknowledged by our Acts of Parliament and receiued for Orthodoxe by our Church As for the Fathers I reuerence them as much and more then the Ie suites doe and as much as themselues euer craued For what euer the Fathers for the first fiue hundreth yeeres did with an vnanime consent agree vpon to be beleeued as a necessary point of saluation I either will beleeue it
to seeke out newe cities and to disconer newe nations ouer whom to beare Soueraigne sway and rule there had remained more enemies to the State then subiects and friends Cypr. cont Demetr Cyprian also against Demetrianus None of vs all howsoeuer we are a people mighty and without number haue made resistance against any of your vniust and wrongfull actions executed with all violence neither haue sought by rebellious armes or by any other sinister practises to crie quittance with you at any time for the righting of our selues Certaine it is that vnder Iulianus the whole Empire in a manner professed the Christian Religion yea that his Leiftenants and great Commanders as Iouinianus and Valentinianus by name professed Christ Which two Princes not long after attained to the Imperiall dignitie but might haue solicited the Pope sooner to degrade Iulianus from the Imperiall Throne For say that Iulians whole army had renounced the Christian Religion as the L. Cardinall against all shew and appearance of trewth would beare vs in hand and contrary to the generall voice of the said whole army making this profession with one consent when Iulian was dead Socr. lib 3. cap 19. Theod. lib. 4. cap. 1. Sozom. lib. 6. cap. 1. Wee are all Christians yet Italie then persisting in the faith of Christ and the army of Iulian then lying quartered in Persia the vtmost limit of the Empire to the East the Bishop of Rome had fit opporunitie to draw the sword of his authoritie if hee had then any such sword hanging at his Pontificall side to make Iulian feele the sharpe edge of his weapon and thereby to pull him downe from the stately pearch of the Romane Empire I say moreouer that by this generall and sudden profession of the whole Caesarian armie Wee are all Christians it is clearely testified that if his armie or souldiers were then addicted to Paganisme it was wrought by compulsion and cleane contrary to their setled perswasion before and then it followes that with greater patience they would haue borne the deposing of Iulian then if hee had suffered them to vse the libertie of their conscience To bee short in the matter S. Augustine makes all whole and by his testimony doth euince that Iulians armie perseuered in the faith of Christ August in Psal 124. The souldiers of Christ serued a Heathen Emperour But when the cause of Christ was called in question they acknowledged none but Christ in heauen When the Emperor would haue them to serue and to perfume his idols with frankincense they gaue obedience to God rather then to the Emperour After which words Page 82. the very same words alleadged by the L. Cardinall against himselfe doe follow They did then distinguish betweene the Lord Eternal and the Lord temporall neuerthelesse they were subiect vnto the Lord temporall for the Lord Eternall It was therefore to pay God his duetie of obedience and not for feare to incense the Emperour or to draw persecution vpon the Church as the L. Cardinal would make vs beleeue that Christians of the Primitiue Church and Bishops by their censures durst not anger and prouoke their Emperours But his Lordship by his coloured pretences doeth manifestly prouoke and stirre vp the people to rebellion so soone as they know their own strength to beare out a rebellious practise Whereupon it followes that in case their conspiracie shall take no good effect all the blame and fault must lie not in their disloyalty and treason but in the bad choice of their times for the best aduantage and in the want of taking a trew sight of their owne weakenesse Let stirring spirits be trained vp in such practicall precepts let desperate wits be seasoned with such rules of discipline and what need we or how can wee wonder they contriue Powder-conspiracies and practise the damnable art of parricides After Iulian his Lordship falles vpon Valentinian the younger who maintaining Arrianisme with great and open violence might haue bene deposed by the Christians from his Empire and yet say wee they neuer dream'd of any such practise Heere the L. Cardinall maketh answere Pag. 82. The Christians mooued with respect vnto the fresh memory both of the brother and father as also vnto the weake estate of the sonnes young yeeres abstained from all counsels and courses of sharper effect and operation To which answere I replie these are but friuolous coniectures deuised and framed to ticle his owne fancie For had Valentinianus the younger beene the sonne of an Arrian and had then also attained to threescore yeeres of aage they would neuer haue borne themselues in other fashion then they did towards their Emperour Then the Cardinall goeth on The people would not abandon the factious and seditious party but were so firme or obstinate rather for the faction that Valentinian for feare of the tumultuous vproares was constrained to giue way and was threatened by the souldiers that except hee would adhere vnto the Catholikes they would yeeld him no assistance nor stand for his partie Now this answere of the L. Cardinall makes nothing to the purpose concerning the Popes power to pull downe Kings from their stately nest Let vs take notice of his proper consequence Valentinian was afraid of the popular tumult at Milan the Pope therefore hath power to curbe Hereticall Kings by deposition Now marke what distance is betweene Rome and Milan what difference betweene the people of Milan and the Bishop of Rome betweene a popular tumult and a iudicatorie sentence betweene fact and right things done by the people or souldiers of Milan and things to be done according to right and law by the Bishop of Rome the same distance the same difference if not farre greater is betweene the L. Cardinals antecedent and his consequent betweene his reason and the maine cause or argument which we haue in hand The mad commotion of the people was not heere so much to bee regarded as the sad instruction of the Pastour of their good and godly Pastour S. Ambrose so farre from hartening the people of Milan to rebel that being Bishop of Milan he offered himselfe to suffer Martydome If the Emperour abuse his Imperiall authority for so Theodoret hath recited his words to tyrannize thereby heere am I ready to suffer death And what resistance he made against his L. Emperor was onely by way of supplication in these termes Wee beseech thee O Augustus as humble suppliants we offer no resistance we are not in feare but we flie to supplication Epist. lib. 5. Epist 33. Againe If my patrimony be your marke enter vpon my patrimony if my body I wil goe and meet my torments Shall I be drag'd to prison or to death Epist lib. 5. I will take delight in both Item in his Oration to Auxentius I can afflict my soule with sorrow I can lament I can send forth grieuous groanes My weapons against either of both souldiers or Goths are teares A Priest hath none
contrary to his oath of subiection to Iesus Christ or that he hath wilfully cast himselfe into Apostaticall defection And certes to any man that weighs the matter with due consideration it wil be found apparantly false that Kings of France haue bene receiued of their subiects at any time with condition to serue IESVS CHRIST They were actually Kings before they came forth to the solemnitie of their sacring before they vsed any stipulation or promise to their subiects For in hereditary kingdoms nothing more certaine nothing more vncontrouleable the Kings death instantly maketh liuery and seisin of the Royaltie to his next successour Nor is it materiall to replie that a King succeeding by right of inheritance takes an oath in the person of his predecessor For euery oath is personall proper to the person by whom it is taken and to God no liuing creature can sweare that his owne sonne or his heire shall proue an honest man Well may the father and with great solemnitie promise that he will exhort his heire apparant with all his power and the best of his endeauours to feare God and to practise piety If the fathers oath be agreeable to the dueties of godlinesse the sonne is bound thereby whether he take an oath or take none On the other side if the fathers oath come from the puddles of impietie the sonne is bound thereby to goe the contrary way If the fathers oath concerne things of indifferent nature and such as by the variety or change of times become either pernicious or impossible then it is free for the Kings next successor and heire prudently to fit and proportion his Lawes vnto the times present and to the best benefit of the Common-wealth When I call these things to mind with some attention I am out of all doubt his Lordship is very much to seeke in the right sense and nature of his Kings oath taken at his Coronation to defend the Church and to perseuere in the Catholike faith For what is more vnlike and lesse credible then this conceit that after Clouis had reigned 15. yeeres in the state of Paganisme and then receiued holy Baptisme he should become Christian vpon this condition That in case hee should afterward reuolt from the Faith it should then bee in the power of the Church to turne him out of his Kingdome But had any such conditionall stipulation beene made by Clouis in very good earnest and trewth yet would hee neuer haue intended that his deposing should bee the acte of the Romane Bishop but rather of those whether Peeres or people or whole body of the State by whom he had bene aduanced to the Kingdome Let vs heare the trewth and this is the trewth It is farre from the customary vse in France for their Kings to take any such oath or to vse any such stipulation with their subiects If any King or Prince wheresoeuer doth vse an oath or solemne promise in these expresse termes Let me lose my Kingdome or my life be that day my last both for life and reigne when I shall first reuolt from the Christian Religion By these words he calleth vpon God for vengeance hee vseth imprecation against his owne head but hee makes not his Crowne to stoupe by this meanes to any power in the Pope or in the Church or in the people And touching inscriptions vpon coynes of which point his Lordship speaketh by the way verely the nature of the money or coine the stamping and minting whereof is one of the marks of the Prince his dignity and Soueraignty is not changed by bearing the letters of Christs Name on the reuerse or on the front Such characters of Christs Name are aduertisements and instructions to the people that in shewing and yeelding obedience vnto the King they are obedient vnto Christ those Princes likewise who are so wel aduised to haue the most sacred Names inscribed and printed in their coines doe take and acknowledge Iesus Christ for supreme King of Kings The said holy characters are no representation or profession that any Kings Crowne dependeth vpon the Church or can be taken away by the Pope The L. Cardinal indeed so beareth vs in hand But he inuerts the words of Iesus Christ and wrings them out of the right ioynt For Christ without all ambiguitie and circumlocution by the image and inscription of the money doeth directly and expressely prooue Caesar to bee free from subiection and entirely Soueraigne Now if such a supreme and Soueraigne Prince at any time shall bandie and combine against God and thereby shall become a rebellious and perfidious Prince doubtlesse for such disloyaltie he shall deserue that God would take from him all hope of life eternall and yet hereby neither Pope nor people hath reason to bee puft vp in their power to depriue him of his temporall Kingdome The L. Page 76. Cardinall saith besides The champions of the Popes power to depose Kings doe expound that commandement of S. Paul whereby euery soule is made subiect vnto the superiour powers to bee a prouisionall precept or caution accommodated to the times and to stand in force onely vntll the Church were growen in strength vnto such a scantling that it might be in the power of the faithfull without shaking the pillars of Christian state to stand in the breach and cautelously to prouide that none but Christian Princes might be receiued according to the Law in Deut Thou shalt make thee a King from among thy brethren The reason whereupon they ground is this Because Paul saith It is a shame for Christians to be iudged vnder vniust Infidels in mattrs or businesse which they had one against another For which inconuenience Iustinian after prouided by Law when hee ordeined that no Infidel nor Heretike might be admitted to the administration of iustice in the Common-wealth In which words of the Cardinall the word Receiued is to bee obserued especially and aboue the rest For by chopping in that word hee doeth nimbly and with a tricke of Legier-demain transforme or change the very state of the question For the question or issue of the cause is not about receiuing establishing or choosing a Prince as in those Nations where the Kingdome goes by election but about doing homage to the Prince when God hath setled him in the Kingdome and hath cast it vpon a Prince by hereditary succession For that which is writtten Thou shalt make thee a King doeth no way concerne and touch the people of France in these dayes because the making of their King hath not of long time been tyed to their election The passage therefore in Deuter. makes nothing to the purpose no more then doth Iustinians law For it is our free and voluntary confession that a Christian Prince is to haue speciall care of the Lawes and to prouide that no vnbeleeuer be made Lord Chiefe-Iustice of the Land that no Infidel be put in trust with administration of Iustice to the people But here the issue doeth not
the peace of his Kingdome will beare in mind the great and faithfull seruice of those who in matter of religion dissent from his Maiestie as of the onely men that haue preserued and saued the Crowne for the King his father of most glorious memorie I am perswaded my brother of France wil beleeue that his liege people pretended by the L. Cardinall to bee heretikes are not halfe so bad as my Romane Catholike subiects who by secret practises vndermine my life serue a forreine Souereigne are discharged by his Bulls of their obedience due to me their naturall Souereigne are bound by the maximes and rules published and maintained in fauour of the Pope before this full and famous assemblie of the Estate at Paris if the said maximes be of any weight and authoritie to hold mee for no lawfull King are there taught and instructed that Pauls commandemement concerning subiection vnto the higher Powers aduerse to their professed religion is onely a prouisionall precept framed to the times and watching for the opportunitie to shake off the yoake All which notwithstanding I deale with such Romane-Catholikes by the rules and wayes of Princely clemencie their heinous and pernicious error in effect no lesse then the capitall crime of high treason I vse to call some disease or distemper of the mind Last of all I beleeue my said brother of France will set downe in his tables as in record how little hee standeth ingaged to the L. Cardinall in this behalfe For those of the reformed Religion professe and proclaime that next vnder God they owe their preseruation and safetie to the wisedome and benignity of their Kings But now comes the Cardinall and he seekes to steale this perswasion out of their hearts He tells them in open Parliament and without any going about bushes that all their welfare and securitie standeth in their multitude and in the feare which others conceiue to trouble the State by the strict execution of lawes against Heretikes He addeth moreouer Note by the way that here the Church of Rome is called a Sect. that In case a third Sect should peepe out and growe vp in France the professors thereof should suffer confiscation of their goods with losse of life it selfe as hath bene practised at Geneua against Seruetus and in England against Arians My answere is this That punishments for heretikes duely and according to Law conuicted are set downe by decrees of the ciuill Magistrate bearing rule in the countrey where the said heretikes inhabite and not by any ordinances of the Pope I say withall the L. Cardinall hath no reason to match and parallell the reformed Churches with Seruetus and the Arians For those heretikes were powerfully conuicted by Gods word and lawfully condemned by the ancient Generall Councils where they were permitted and admitted to plead their owne cause in person But as for the trewth professed by me and those of the reformed Religion it was neuer yet hissed out of the Schooles nor cast out of any Council like some Parliament bills where both sides haue bene heard with like indifferencie Yea what Council soeuer hath bene offered vnto vs in these latter times it hath bene proposed with certaine presuppositions as That his Holinesse beeing a partie in the cause and consequently to come vnder iudgement as it were to the barre vpon his triall shall be the Iudge of Assize with Commission of Oyer and Determiner it shall bee celebrated in a citie of no safe accesse without safe conduct or conuoy to come or goe at pleasure and without danger it shall be assembled of such persons with free suffrage and voyce as vphold this rule which they haue already put in practise against Iohn Hus and Hierome of Prage that faith giuen and oath taken to an Heretike must not be obserued Now then to resume our former matter If the Pope hitherto hath neuer presumed for pretended heresie to confiscate by sentence either the lands or the goods of priuate persons or common people of the French Nation wherefore should hee dare to dispossesse Kings of their Royall thrones wherefore takes he more vpon him ouer Kings then ouer priuate persons wherefore shall the sacred heads of Kings be more churlishly vnciuilly and rigorously handled then the hoods of the meanest people Here the L. Cardinal in stead of a direct answer breakes out of the lists alledging cleane from the purpose examples of heretikes punished not by the Pope but by the ciuill Magistrate of the Countrey But Bellarmine speakes to the point with a more free and open heart hee is absolute and resolute in this opinion that his Holinesse hath plenary power to dispose all Temporall estates and matters in the whole world I am confident saith Bellarmine and I speake it with assurance Contr. Barclaium cap. 27. that our Lord Iesus Christ in the dayes of his mortalitie had power to dispose of all Temporall things yea to strip Souereigne Kings and absolute Lords of their Kingdomes and Seignories and without all doubt hath granted and left euen the same power vnto his Vicar to make vse thereof whensoeuer hee shall thinke it necessary for the saluation of soules And so his Lordship speaketh without exception of any thing at all For who doth not know that Iesus Christ had power to dispose no lesse of priuate mens possessions then of whole Realmes and Kingdomes at his pleasure if it had beene his pleasure to display the ensignes of his power The same fulnesse of power is likewise in the Pope In good time belike his Holinesse is the sole heire of Christ in whole and in part Sess 9. The last Lateran Council fineth a Laic that speaketh blasphemie for the first offence if he be a gentleman at 25. ducats and at 50. for the second It presupposeth and taketh it for graunted that the Church may rifle and ransacke the purses of priuate men and cast lots for their goods The Councill of Trent diggeth as deepe for the same veine of gold and siluer It ordaines That Emperours Kings Dukes Princes Sess 25. cap. 19. and Lords of cities castles and territories holding of the Church in case they shall assigne any place within their limits or liberties for the duell betweene two Christians shall be depriued of the said citie castle or place where such duell shall be performed they holding the said place of the Church by any kind of tenure that all other Estates held in fee where the like offence shall be committed shall forthwith fall and become forfeited to their immediate and next Lords that all goods possessions and estates as well of the combatants themselues as of their seconds shall bee confiscate This Councill doeth necessarily presuppose it lieth in the hand and power of the Church to dispose of all the lands and estates held in fee throughout all Christendome because the Church forsooth can take from one and giue vnto an other all estates held in fee whatsoeuer as well such as hold of the
adiudged by the Councill of Constance to expresse damnation For in these words the L. Cardinall preferreth a bill of inditement to cast his Holinesse who vpon the commencing of the Leaguers warres in stead of giuing order for the publishing of the said Ecclesiasticall Lawes for the restraining of all parricidicall practises and attempts fell to the terrour of his fulminations which not long after were seconded and ratified by the most audatious and bloody murder of King Henry III. In like manner the whole Clergy of France are wrapped vp by the L. Cardinals words and inuolued in the perill of the said inditement For in stead of preaching the said Ecclesiasticall Lawes by which all King-killing is inhibited the Priests taught vented and published nothing but rebellion and when the people in great deuotion came to powre their confessions into the Priests eares then the Priests with a kind of counterbuffe in the second place when their turne was come and with greater deuotion powred blood into the eares of the people out of which roote grewe the terrour of those cruell warres and the horrible parricide of that good King But let vs here take some neere sight of these Ecclesiasticall Lawes whereby subiects are inhibited to kill or desperately to dispatch their Kings out of the way The Lord Cardinall for full payment of all scores vpon this reckoning layeth downe the credit of the Councill at Constance which neuerthelesse affoardeth not one myte of trew and currant payment The trewth of the history may bee taken from this briefe relation Iohn Duke of Burgundy procured Lewis Duke of Orleans to be murthered in Paris To iustifie and make good this bloody acte he produced a certaine petimaster one called by the name of Iohn Petit. This little Iohn caused nine propositions to be giuen foorth or set vp to bee discussed in the famous Vniuersitie of Paris The summe of all to this purpose It is lawfull iust and honourable for euery subiect or priuate person either by open force and violence or by deceit and secret lying in waite or by some wittie stratagem or by any other way of fact to kil a Tyrant practising against his King and other higher powers yea the King ought in reason to giue him a pension or stipend that hath killed any person disloyal to his Prince The words of Petits first proposition be these It is lawfull for euery subiect Gerson without any command or commission from the higher powers by all the Lawes of nature of man and of God himselfe to kill or cause to be killed any Tyrant who either by a couetous and greedie desire or by fraud by diuination vpon casting of Lots by double and treacherous dealing doeth plot or practise against his Kings corporall health or the health of his higher powers In the third proposition It is lawfull for euery subiect honourable and meritorious to kill the said Tyrant or cause him to be killed as a Traitor disloyall and trecherous to his King In the sixt proposition The King is to appoint a salarie and recompence for him that hath killed such a Tyrant or hath caused him to bee killed These propositions of Iohannes Paruus were condemned by the Councill of Constance as impious and tending to the scandall of the Church Now then whereas the said Councill no doubt vnderstood the name or word Tyrant in the same sense wherein it was taken by Iohannes Paruus certaine it is the Councill was not of any such iudgement or mind to condemne one that should kill a King or Soueraigne Prince but one that by treason and without commandement should kill a subiect rebelling and practising against his King For Iohn Petit had vndertaken to iustifie the making away of the Duke of Orleans to be a lawfull acte and calls that Dukea Tyrant albeit hee was no Soueraigne Prince as all the aboue recited words of Iohn Petit doe testifie that he speaketh of such a Tyrant as being in state of subiection rebelleth against his free and absolute Prince So that whosoeuer shall narrowly search and looke into the mind and meaning of the said Council shal easily perceiue that by their decrees the safetie of Kings was not confirmed but weakened not augmented but diminished for as much as they inhibited priuate persons to kill a Subiect attempting by wicked counsels and practises to make away his King But be it granted the Councill of Constance is flat and altogether direct against King-killers For I am not vnwilling to be perswaded that had the question then touched the murdering of Soueraigne Princes the said Councill would haue passed a sound and holy decree But I say this granted what sheild of defence is hereby reached to Kings to ward or beat off the thrust of a murderers weapon and to saue or secure their life seeing the L. Cardinall building vpon the subtile deuise and shift of the Iesuites hath taught vs out of their Schooles that by Kings are vnderstood Kings in esse not yet fallen from the supreame degree of Soueraigne Royaltie For being once deposed by the Pope say the Iesuites they are no longer Kings but are fallen from the rights of Soueraigne dignitie and consequently to make strip and wast of their blood is not forsooth to make strip and wast of Royall blood The Iesuiticall masters in the file of their words are so supple and so limber that by leauing still in their speech some starting hole or other they are able by the same as by a posterne or backdoore to make an escape Meane while the Readers are here to note for well they may a tricke of monstrous and most wicked cunning The L. Cardinall contends for the bridling and hampering of King-killers by the Lawes Ecclesiasticall Now it might be presumed that so reuerend and learned a Cardinal intending to make vse of Ecclesiasticall Lawes by vertue whereof the life of Kings may be secured would fill his mouth and garnish the point with diuine Oracles that wee might the more gladly and willingly giue him the hearing when hee speakes as one furnished with sufficient weight and authoritie of sacred Scripture But behold in stead of the authenticall and most ancient word hee propounds the decree of a lateborne Councill at Constance neither for the Popes tooth nor any way comming neere the point in controuersie And suppose it were pertinent vnto the purpose the L. Cardinall beareth in his hand a forke of distinction with two tines or teeth to beare off nay to shift off and to auoid the matter with meere dalliance The shortest and neerest way in some sort of respects to establish a false opinion is to charge or set vpon it with false and with ridiculous reasons The like way to worke the ouerthrow of trew doctrine is to rest or ground it vpon friuolous reasons or authorities of stubble-weight For example if we should thus argue for the immortalitie of the soule with Plato In Phaedone The swan singeth before her death ergo
to reioyce in his owne behalfe and to giue me thanks that I haue done him the honour to enter the lists of Theologicall dispute against his Lordship Howbeit he twitches and carpes at me withall as at one that soweth seeds of dissention and schisme amongst Romane Catholiks And yet he would seeme to qualifie the matter and to make all whole againe by saying That in so doing I am perswaded I doe no more then my duetie requires But now as his Lordship followes the point it standeth neither with godlinesse nor with equity nor with reason that Acts made that Statutes Decrees and Ordinances ratified for the State and Gouernement of England should be thrust for binding Laws vpon the Kingdome of France nor that Catholikes and much lesse that Ecclesiastics to the ende they may liue in safetie and freely enioy their priuiledges or immunities in France should be forced to beleeue and by oath to seale the same points which English Catholikes to the end they may purchase libertie onely to breath nay sorrowfully to sigh rather are constrained to allow and to aduow besides And where as in England There is no small number of Catholikes that lacke not constant and resolute minds to endure all sorts of punishment rather then to take that oath of allegiance will there not be found an other manner of number in France armed with no lesse constancie and Christian resolution There will most honourable Auditors there will without all doubt and we all that are of Episcopall dignity will sooner suffer Martyrdome in the cause Then out of the super-abundance and ouer-weight of his Lordships goodnes he closely coucheth and conuayeth a certaine distastfull opposition betweene mee and his King with praises and thanks to God that his King is not delighted takes no pleasure to make Martyrs All this Artificiall and swelling discourse like vnto puffe-past if it be viewed at a neere distance will be found like a bladder full of wind without any soliditie of substantiall matter For the Deputies of the third Estate were neuer so voide of vnderstanding to beleeue that by prouiding for the life and safety of their King they should thrust him headlong into eternall damnation Their braines were neuer so much blasted so farre benummed to dreame the soule of their King cannot mount vp to heauen except he be dismounted from his Princely Throne vpon earth whensoeuer the Pope shall hold vp his finger And whereas he is bold to pronounce that heretikes of France doe make their benefit and aduantage of this diuision that speech is grounded vpon this proposition That professors of the Christian Religion reformed which is to say purged and cleansed of all Popish dregs are heretikes in fact and ought so to bee reputed in right Which proposition his Lordship will neuer soundly and sufficiently make good before his Holinesse hath compiled an other Gospell or hath forged an other Bible at his Pontificiall anuile The L. Cardinall vndertooke to reade mee a lecture vpon that argument but euer since hath played Mum-budget and hath put himselfe to silence like one at a Non-plus in his enterprise There be three yeeres already gone and past since his Lordship beganne to shape some answere to a certaine writing dispatched by mee in few daies With forming and reforming with filing and polishing with labouring and licking his answere ouer and ouer againe with reiterated extractions and calcinations it may be coniectured that all his Lordships labour and cost is long since evaporated and vanished in the aire Howbeit as well the friendly conference of a King for I will not call it a contention as also the dignitie excellencie and importance of the matter long since deserued and as long since required the publishing of some or other answere His Lordships long silence will neuer be imputed to lacke of capacity wherewith who knoweth not how abundantly he is furnished but rather to well aduised agnition of his owne working and building vpon a weake foundation But let vs returne vnto these heretikes that make so great gaine by the disagreement of Catholikes It is no part of their dutie to aime at sowing of dissentions but rather to intend and attend their faithfull performance of seruice to their King If some be pleased and others offended when so good and loyall duties are sincerely discharged it is for all good subiects to grieue and to be sory that when they speake for the safetie of their King honour of the trewth it is their hard hap to leaue any at all vnsatisfied But suppose the said heretiks were the Authors of this article preferred by the third Estate What need they to conceale their names in that regard What need they to disclaime the credit of such a worthy act Would it not redound to their perpetuall honour to be the onely subiects that kept watch ouer the Kings life and Crowne that stood centinell and walked the rounds for the preseruation of his Princely diademe when all other had no more touch no more feeling thereof then so many stones And what neede the Deputies for the third Estate to receiue instructions from forraine Kingdomes concerning a cause of that nature when there was no want of domesticall examples and the French histories were plentifull in that argument What neede they to gape for this reformed doctrine to come swimming with a fishes tayle out of an Island to the mayne continent when they had before their eyes the murders of two Kings with diuerse ciuill warres and many Arrests of Court all tending to insinuate and suggest the introduction of the same remedy Suggestions are needlesse from abroad when the mischiefe is felt at home it seemes to me that his Lordship in smoothing and tickling the Deputies for the third Estate doth no lesse then wring and wrong their great sufficiencie with contumely and outragious abuse as if they were not furnished with sufficient foresight and with loyall affection towards their King for the preseruation of his life and honour if the remedie were not beaten into their heads by those of the Religion reputed heretikes Touching my selfe ranged by his Lordship in the same ranke with sowers of dissention I take my God to witnes and my owne conscience that I neuer dream'd of any such vnchristian proiect It hath beene hitherto my ordinary course to follow honest counsells and to walke in open waies I neuer wonted my selfe to holes and corners to crafty shifts but euermore to plaine and open designes I neede not hide mine intentions for feare of any mortall man that puffeth breath of life out of his nostrils Nor in any sort doe I purpose to set Iulian the Apostata before mine eyes as a patterne for me to follow Iulian of a Christian became a Pagan I professe the same faith of Christ still which I haue euer professed Iulian went about his designes with crafty conueiances I neuer with any of his captious and cunning sleights Iulian forced his subiects to infidelitie against I
wherewith they thought to measure vs And that the same place and persons whom they thought to destroy should be the iust auengers of their so vnnaturall a Parricide Yet not knowing that I will haue occasion to meete with you my selfe in this place at the beginning of the next Session of this Paliament because if it had not been for deliuering of the Articles agreed vpon by the Commissioners of the Vnion which was thought most conuenient to be done in my presence where both Head and Members of the Parliament were met together my presence had not otherwise been requisite here at this time I haue therefore thought good for conclusion of this Meeting to discourse to you somewhat anent the trew nature and definition of a Parliament which I will remit to your memories till your next sitting downe that you may then make vse of it as occasion shall bee ministred For albeit it be trew that at the first Session of my first Parliament which was not long after mine Entrie into this Kingdome It could not become me to in orme you of any thing belonging to Law or State heere for all knowledge must either bee infused or acquired and seeing the former sort thereof is now with Prophecie ceased in the world it could not be possible for me at my first Entry here before Experience had taught it me to be able to vnderstand the particular mysteries of this State yet now that I haue reigned almost three yeeres amongst you and haue beene carefull to obserue those things that belong to the office of a King albeit that Time be but a short time for experience in others yet in a King may it be thought a reasonable long time especially in me who although I be but in a maner a new King heere yet haue bene long acquainted with the office of a King in such another Kingdome as doeth neerest of all others agree with the Lawes and customes of this State Remitting to your consideration to iudge of that which hath beene concluded by the Commissioners of the Vnion wherein I am at this time to signifie vnto you That as I can beare witnesse to the foresaid Commissioners that they haue not agreed nor concluded therein any thing wherein they haue not foreseen as well the weale and commodity of the one Countrey as of the other So can they all beare mee record that I was so farre from pressing them to agree to any thing which might bring with it any preiudice to this people as by the contrary I did euer admonish them neuer to conclude vpon any such Vnion as might cary hurt or grudge with it to either of the said Nations for the leauing of any such thing could not but be the greatest hinderance that might be to such an Action which God by the lawes of Nature had prouided to be in his owne time and hath now in effect perfected in my Person to which purpose my Lord Chancellour hath better spoken then I am able to relate And as to the nature of this high Court of Parliament It is nothing else but the Kings great Councell which the King doeth assemble either vpon occasion of interpreting or abrogating old Lawes or making of new according as ill maners shall deserue or for the publike punishment of notorious euill doers or the praise and reward of the vertuous and well deseruers wherein these foure things are to be considered First whereof this Court is composed Secondly what matters are proper for it Thirdly to what end it is ordeined And fourthly what are the meanes and wayes whereby this end should bee brought to passe As for the thing it selfe It is composed of a Head and a Body The Head is the King the Body are the members of the Parliament This Body againe is subdiuided into two parts The Vpper and Lower House The Vpper compounded partly of Nobility Temporall men who are heritable Councellors to the high Court of Parliament by the honour of their Creation and Lands And partly of Bishops Spirituall men who are likewise by the vertue of their place and dignitie Councellours Life Renters or Ad vitam of this Court. The other House is composed of Knights for the Shire and Gentry and Burgesses for the Townes But because the number would be infinite for all the Gentlemen and Burgesses to bee present at euery Parliament Therefore a certaine number is selected and chosen out of that great Body seruing onely for that Parliament where their persons are the representation of that Body Now the matters whereof they are to treate ought therefore to be generall and rather of such matters as cannot well bee performed without the assembling of that generall Body and no more of these generals neither then necessity shall require for as in Corruptissima Republica sunt plurimae leges So doeth the life and strength of the Law consist not in heaping vp infinite and confused numbers of Lawes but in the right interpretation and good execution of good and wholesome Lawes If this be so then neither is this a place on the one side for euery rash and harebrained fellow to propone new Lawes of his owne inuention nay rather I could wish these busie heads to remember that Law of the Lacedemonians That whosoeuer came to propone a new Law to the people behooued publikely to present himselfe with a rope about his necke that in case the Law were not allowed he should be hanged therwith So warie should men be of proponing Nouelties but most of all not to propone any bitter or seditious Laws which can produce nothing but grudges and discontentment betweene the Prince and his people Nor yet is it on the other side a conuenient place for priuate men vnder the colour of general Lawes to propone nothing but their owne particular gaine either to the hurt of their priuate neighbours or to the hurt of the whole State in generall which many times vnder faire and pleasing Titles are smoothly passed ouer and so by stealth procure without consideration that the priuate meaning of them tendeth to nothing but either to the wrecke of a particular partie or else vnder colour of publike benefite to pill the poore people and serue as it were for a generall Impost vpon them for filling the purses of some priuate persons And as to the end for which the Parliament is ordeined being only for the aduancement of Gods glory and the establishment and wealth of the King and his people It is no place then for particular men to vtter there their priuate conceipts nor for satisfaction of their curiosities and least of all to make shew of their eloquence by tyning the time with long studied and eloquent Orations No the reuerence of God their King and their Countrey being well setled in their hearts will make them ashamed of such toyes and remember that they are there as sworne Councellours to their King to giue their best aduise for the furtherance of his Seruice and the florishing
they buy by their purse or acquire by the selfe same meanes that you doe And as for the point of naturalizing which is the point thought so fit and so precisely belonging to Parliament not to speake of the Common law wherein as yet I can professe no great knowledge but in the Ciuill law wherein I am a little better versed and which in the point of Coniunction of Nations should beare a great sway it being the Law of Nations I will mainteine two principles in it which no learned and graue Ciuilian will deny as being clearely to be proued both out of the text it selfe in many places and also out of the best approued Doctours and interpreters of that law The one that it is a speciall point of the Kings owne Prerogatiue to make Aliens Citizens and donare Ciuitate The other that in any case wherein the Law is thought not to be cleare as some of your selues doe doubt that in this case of the postnati the Law of England doth not clearely determine then in such a question wherein no positiue Law is resolute Rexest Iudex for he is Lex loquens and is to supply the Law where the Law wants and if many famous histories be to be beleeued they giue the example for mainteining of this Law in the persons of the Kings of England and France especially whose speciall Prerogatiue they alleadge it to be But this I speake onely as knowing what belongeth to a King although in this case I presse no further then that which may agree with your loues and stand with the weale and conueniencie of both Nations And whereas some may thinke this Vnion will bring preiudice to some Townes and Corporations within England It may bee a Merchant or two of Bristow or Yarmouth may haue an hundred pounds lesse in his packe But if the Empire gaine and become the greater it is no matter You see one Corporation is euer against another and no priuate Companie can be set vp but with some losse to another For the supposed inconueniences rising from Scotland they are three Fourth First that there is an euill affection in the Scottish Nation to the Vnion Next the Vnion is incompatible betweene two such Nations Thirdly that the gaine is smal or none If this be so to what end do we talke of an Vnion For proofe of the first point there is alleadged an auersenesse in the Scottish Nation expressed in the Instrument both in the preface and body of their Acte In the preface where they declare That they will remaine an absolute and free Monarchie And in the body of the Acte where they make an exception of the ancient fundamentall Lawes of that Kingdome And first for the generall of their auersenes All the maine current in your Lower-house ranne this whole Session of Parliament with that opinion That Scotland was so greedy of this Vnion and apprehended that they should receiue so much benefit by it as they cared not for the strictnesse of any conditions so they might attaine to the substance And yet you now say they are backwards and auerse from the Vnion This is a direct contradiction In adiecto For how can they both be beggers and backwards in one and the selfe same thing at the same time But for answere to the particulars It is an old Schoole point Eius est explicare cuius est condere You cannot interpret their Lawes nor they yours I that made them with their assent can best expound them And first I confesse that the English Parliaments are so long and the Scottish so short that a meane betweene them would doe well For the shortnesse of their continuing together was the cause of their hastie mistaking by setting these wordes of exception of fundamentall Lawes in the body of the Acte which they onely did in pressing to imitate word by word the English Instrument wherein the same wordes be conteined in your Preface And as to their meaning and interpretation of that word I will not onely deliuer it vnto you out of mine owne conceipt but as it was deliuered vnto mee by the best Lawyers of Scotland both Counsellours and other Lawyers who were at the making thereof in Scotland and were Commissioners here for performance of the same Their meaning in the word of Fundamentall Lawes you shall perceiue more fully hereafter when I handle the obiection of the difference of Lawes For they intend thereby onely those Lawes whereby confusion is auoyded and their Kings descent mainteined and the heritage of the succession and Monarchie which hath bene a Kingdome to which I am in descent three hundreth yeeres before CHRIST Not meaning it as you doe of their Common Law for they haue none but that which is called IVS REGIS and their desire of continuing a free Monarchie was onely meant That all such particular Priuiledges whereof I spake before should not bee so confounded as for want either of Magistrate Law or Order they might fall in such a confusion as to become like a naked Prouince without Law or libertie vnder this Kingdome I hope you meane not I should set Garrisons ouer them as the Spaniards doe ouer Sicily and Naples or gouerne them by Commissioners which are seldome found succeedingly all wise and honest men This I must say for Scotland and I may trewly vaunt it Here I sit and gouerne it with my Pen I write and it is done and by a Clearke of the Councell I gouerne Scotland now which others could not doe by the sword And for their auersensse in their heart against the Vnion It is trew indeede I protest they did neuer craue this Vnion of me nor sought it either in priuate or the State by letters nor euer once did any of that Nation presse mee forward or wish mee to accelerate that businesse But on the other part they offered alwayes to obey mee when it should come to them and all honest men that desire my greatnesse haue beene thus minded for the personall reuerence and regard they beare vnto my Perion and any of my reasonable and iust desires I know there are many Piggots amongst them I meane a number of seditious and discontented particular persons as must be in all Common-wealths that where they dare may peraduenture talke lewdly enough but no Scottish man euer spake dishonourably of England in Parliament For here must I note vnto you the difference of the two Parliaments in these two Kingdomes for there they must not speake without the Chauncellors leaue and if any man doe propound or vtter any seditious or vncomely speeches he is straight interrupted and silenced by the Chauncellors authoritie where as here the libertie for any man to speake what hee list and as long as he list was the onely cause he was not interrupted It hath bin obiected that there is a great Antipathy of the Lawes and Customes of these two Nations It is much mistaken for Scotland hath no Common Law as here but the Law they
haue is of three sorts All the Lawe of Scotland for Tenures Wards and Liueries Seigniories and Lands are drawen out of the Chauncerie of England and for matters of equitie and in many things else differs from you but in certaine termes Iames the first bred here in England brought the Lawes thither in a written hand The second is Statute lawes which be their Acts of Parliament wherein they haue power as you to make and altar Lawes and those may be looked into by you for I hope you shall be no more strangers to that Nation And the principall worke of this Vnion will be to reconcile the Statute Lawes of both Kingdomes The third is the Ciuill Law Iames the fift brought it out of France by establishing the Session there according to the forme of the Court of Parliament of Fraunce which he had seene in the time of his being there who occupie there the place of Ciuill udges in all matters of Plee or controuersie yet not to gouerne absolutely by the Ciuill Law as in Fraunce For if a man plead that the Law of the Nation is otherwise it is a barre to the Ciuill and a good Chauncellor or President will oftentimes repell and put to silence an Argument that the Lawyers bring out of the Ciuill Law where they haue a cleare solution in their owne Law So as the Ciuil Law in Scotland is admitted in no other cases but to supply such cases wherein the Municipall Law is defectiue Then may you see it is not so hard a matter as is thought to reduce that Countrey to bee vnited with you vnder this Law which neither are subiect to the Ciuill Lawe nor yet haue any olde Common Law of their owne but such as in effect is borrowed from yours And for their Statute Lawes in Parliament you may alter and change them as oft as occasion shall require as you doe here It hath likewise beene obiected as an other impediment that in the Parliament of Scotland the King hath not anegatiue voice but must passe all the Lawes agreed on by the Lords and Commons Of this I can best resolue you for I am the eldest Parliament man in Scotland and haue sit in more Parliaments then any of my Predecessors I can assure you that the forme of Parliament there is nothing inclined to popularitie About a twentie dayes or such a time before the Parliament Proclamation is made throughout the Kingdome to deliuer in to the Kings Clearke of Register whom you heere call the Master of the Rolles all Bills to be exhibited that Session before a certaine day Then are they brought vnto the King and perused and considered by him and onely such as I allowe of are put into the Chancellors handes to bee propounded to the Parliament and none others And if any man in Parliament speake of any other matter then is in this forme first allowed by mee The Chancellor tells him there is no such Bill allowed by the King Besides when they haue passed them for lawes they are presented vnto me and I with my Scepter put into my hand by the Chancellor must say I ratifie and approue all things done in this present Parliament And if there bee any thing that I dislike they rase it out before If this may bee called a negatiue voyce then I haue one I am sure in that Parliament The last impediment is the French liberties which is thought so great as except the Scots farsake Fraunce England cannot bee vnited to them If the Scottish Nation would bee so vnwilling to leaue them as is said it would not lye in their hands For the League was neuer made betweene the people as is mistaken but betwixt the Princes onely and their Crownes The beginning was by a Message from a King of Fraunce Charlemaine I take it but I cannot certainely remember vnto a King of Scotland for a League defensiue and offensiue betweene vs and them against England Fraunce being at that time in Warres with England The like at that time was then desired by England against Fraunce who also sent their Ambassadours to Scotland At the first the Disputation was long maintained in fauour of England that they being our neerest Neighbours ioyned in one continent and a strong and powerfull Nation it was more fitte for the weale and securitie of the State of Scotland to be in League and Amitie with them then with a Countrey though neuer so strong yet diuided by Sea from vs especially Englandlying betwixt vs and them where we might be sure of a suddaine mischiefe but behooued to abide the hazard of wind and weather and other accidents that might hinder our reliefe But after when the contrary part of the Argument was maintained wherein allegation was made that England euer sought to conquer Scotland and therefore in regarde of their pretended interest in the Kingdoome would neuer keepe any sound Amitie with them longer then they saw their aduantage whereas France lying more remote and clayming no interest in the Kingdome would therefore bee found a more constant and faithfull friend It was vnhappily concluded in fauour of the last partie through which occasion Scotland gate many mischiefes after And it is by the very tenour thereof ordered to bee renewed and confirmed from King to King successiuely which accordingly was euer performed by the mediation of their Ambassadours and therefore meerely personall and so was it renewed in the Queene my mothers time onely betweene the two Kings and not by assent of Parliament or conuention of the three Estates which it could neuer haue wanted if it had beene a League betweene the people And in my time when it came to be ratified because it appeared to be in odium tertii it was by me left vnrenewed or confirmed as a thing incompatible to my Person in consideration of my Title to this Crowne Some Priuiledges indeede in the Merchants fauour for point of Commerce were renewed and confirmed in my time wherein for my part of it there was scarce three Counsellours more then my Secretarie to whose place it belonged that medled in that matter It is trew that it behooued to be enterteined as they call it in the Court of Parliament of Paris but that onely serues for publication and not to giue it Authoritie That Parliament as you know being but a Iudiciall Seate of Iudges and Lawyers and nothing agreeing with the definition or office of our Parliaments in this Isle And therefore that any fruites or Priuiledges possessed by the League with Fraunce is able now to remaine in Scotland is impossible For ye may be sure that the French King stayes onely vpon the sight of the ending of this Vnion to cut it off himselfe Otherwise when this great worke were at an end I would be forced for the generall care I owe to all my Subiects to craue of France like Priuiledges to them all as Scotland alreadie enioyes seeing the personall friendship remaines as great betweene vs as betweene our
generall and maine grounds the principall things that haue bene agitated in this Parliament and whereof I will now speake First the Arrand for which you were called by me And that was for supporting of my state and necessities The second is that which the people are to mooue vnto the King To represent vnto him such things whereby the Subiects are vexed or wherein the state of the Common wealth is to be redressed And that is the thing which you call grieuances The third ground that hath bene handled amongst you and not onely in talke amongst you in the Parliament but euen in many other peoples mouthes aswell within as without the Parliament is of a higher nature then any of the former though it be but an Incident and the reason is because it concernes a higher point And this is a doubt which hath bene in the heads of some of my Intention in two things First whether I was resolued in the generall to continue still my gouernment according to the ancient forme of this State and the Lawes of this Kingdome Or if I had an intention not to limit my selfe within those bounds but to alter the same when I thought conuenient by the absolute power of a King The other branch is anent the Common Law which some had a conceit I disliked and in respect that I was borne where another forme of Law was established that I would haue wished the Ciuill Law to haue bene put in place of the Common Law for gouernment of this people And the complaint made amongst you of a booke written by doctour Cowell was a part of the occasion of this incident But as touching my censure of that booke I made it already to bee deliuered vnto you by the Treasurer here sitting which he did out of my owne directions and notes and what he said in my name that had he directly from me But what hee spake of himselfe therein without my direction I shal alwayes make good for you may be sure I will be loth to make so honest a man a lyer or deceiue your expectations alwayes within very few dayes my Edict shall come forth anent that matter which shall fully discouer my meaning There was neuer any reason to mooue men to thinke that I could like of such grounds For there are two qualities principally or rather priuations that make Kings subiect to flatterie Credulitie and Ignorance and I hope none of them can bee iustly obiected to mee For if Alexander the great for all his learning had bene wise in that point to haue considered the state of his owne naturall body and disposition hee would neuer haue thought him selfe a god And now to the matter As it is a Christan duety in euery man Reddere rationem fidei and not to be ashamed to giue an account of his profession before men and Angels as oft as occasion shall require So did I euer hold it a necessitie of honour in a iust and wise King though not to giue an account to his people of his actions yet clearely to deliuer his heart and intention vnto them vpon euery occasion But I must inuert my order and begin first with that incident which was last in my diuision though highest of nature and so goe backward THe State of MONARCHIE is the supremest thing vpon earth For Kings are not onely GODS Lieutenants vpon earth and sit vpon GODS throne but euen by GOD himselfe they are called Gods There bee three principall similitudes that illustrate the state of MONARCHIE One taken out of the word of GOD and the two other out of the grounds of Policie and Philosophie In the Scriptures Kings are called Gods and so their power after a certaine relation compared to the Diuine power Kings are also compared to Fathers of families for a King is trewly Parens patriae the politique father of his people And lastly Kings are compared to the head of this Microcosme of the body of man Kings are iustly called Gods for that they exercise a manner or resemblance of Diuine power vpon earth For if you wil consider the Attributes to God you shall see how they agree in the person of a King God hath power to create or destroy make or vnmake at his pleasure to giue life or send death to iudge all and to bee iudged nor accomptable to none To raise low things and to make high things low at his pleasure and to God are both soule and body due And the like power haue Kings they make and vnmake their subiects they haue power of raising and casting downe of life and of death Iudges ouer all their subiects and in all causes and yet accomptable to none but God onely They haue power to exalt low things and abase high things and make of their subiects like men at the Chesse A pawne to take a Bishop or a Knight and to cry vp or downe any of their subiects as they do their money And to the King is due both the affection of the soule and the seruice of the body of his subiects And therefore that reuerend Bishop here amongst you though I heare that by diuers he was mistaken or not wel vnderstood yet did he preach both learnedly and trewly annent this point concerning the power of a King For what he spake of a Kings power in Abstracto is most trew in Diuinitie For to Emperors or Kings that are Monarches their Subiects bodies goods are due for their defence and maintenance But if I had bene in his place I would only haue added two words which would haue cleared all For after I had told as a Diuine what was due by the Subiects to their Kings in general I would then haue concluded as an Englishman shewing this people That as in generall all Subiects were bound to relieue their King So to exhort them that as wee liued in a setled state of a Kingdome which was gouerned by his owne fundamentall Lawes and Orders that according thereunto they were now being assembled for this purpose in Parliament to consider how to helpe such a King as now they had And that according to the ancient forme and order established in this Kingdome putting so a difference betweene the generall power of a King in Diuinity and the setled and established State of this Crowne and Kingdome And I am sure that the Bishop meant to haue done the same if hee had not bene straited by time which in respect of the greatnesse of the presence preaching before me and such an Auditory he durst not presume vpon As for the Father of a familie they had of olde vnder the Law of Nature Patriam potestatem which was Potestatem vitae necis ouer their children or familie I meane such Fathers of families as were the lineall heires of those families whereof Kings did originally come For Kings had their first originall from them who planted and spread themselues in Colonies through the world Now a Father may dispose of his
generall gouernment of the people here it doeth not follow it should be extinct no more then because the Latine tongue is not the Mother or Radicall Language of any Nation in the world at this time that therefore the English tongue should onely now be learned in this Kingdome which were to bring in Barbarisme My meaning therefore is not to preferre the Ciuill Law before the Common Law but onely that it should not be extinguished and yet so bounded I meane to such Courts and Causes as haue beene in ancient vse As the Ecclesiasticall Courts Court of Admiraltie Court of Requests and such like reseruing euer to the Common Law to meddle with the fundamentall Lawes of this Kingdome either concerning the Kings Prerogatiue or the possessions of Subiects in any questions either betweene the King and any of them or amongst themselues in the points of Meum tuum For it is trew that there is no Kingdome in the world not onely Scotland but not France nor Spaine nor any other Kingdome gouerned meerely by the Ciuill Law but euery one of them hath their owne municipall Lawes agreeable to their Customes as this Kingdome hath the Common Law Nay I am so farre from disallowing the Common Law as I protest that if it were in my hand to chuse a new Law for this Kingdome I would not onely preferre it before any other Nationall Law but euen before the very Iudiciall Law of Moyses and yet I speake no blasphemie in preferring it for conueniencie to this Kingdome and at this time to the very Law of God For God gouerned his selected people by these three Lawes Ceremoniall Morall and Iudiciall The Iudiciall being onely fit for a certaine people and a certaine time which could not serue for the general of all other people and times As for example If the Law of hanging for Theft were turned here to restitution of treble or quadruple as it was in the Law of Moyses what would become of all the middle Shires and all the Irishrie and Highlanders But the maine point is That if the fundamentall Lawes of any Kingdome should be altered who should discerne what is Meum tuum or how should a King gouerne It would be like the Gregorian Calender which destroyes the old and yet doeth this new trouble all the debts and Accompts of Traffiques and Merchandizes Nay by that accompt I can neuer tell mine owne aage for now is my Birth-day remooued by the space often dayes neerer me then it was before the change But vpon the other part though I haue in one point preferred our Common Law concerning our vse to the very Law of GOD yet in another respect I must say both our Law and all Lawes else are farre inferiour to that Iudiciall Law of GOD for no booke nor Law is perfect nor free from corruption except onely the booke and Law of GOD. And therefore I could wish some three things specially to be purged cleared in the Common Law but alwayes by the aduise of Parliament For the King with his Parliament here are absolute as I vnderstand in making or forming of any sort of Lawes First I could wish that it were written in our vulgar Language for now it is in an old mixt and corrupt Language onely vnderstood by Lawyers whereas euery Subiect ought to vnderstand the Law vnder which he liues For since it is our plea against the Papists that the language in GODS Seruice ought not to be in an vnknowne tongue according to the rule in the Law of Moyses That the Law should be written in the fringes of the Priests garment and should be publikely read in the eares of all the people so mee thinkes ought our Law to be made as plaine as can be to the people that the excuse of ignorance may be taken from them for conforming themselues thereunto Next our Common Law hath not a setled Text in all Cases being chiefly grounded either vpon old Customes or else vpon the Reports and Cases of Iudges which ye call Responsa Prudentum The like whereof is in all other Lawes for they are much ruled by Presidents saue onely in Denmarke and Norway where the letter of the Law resolues all doubts without any trouble to the Iudge But though it be trew that no Text of Law can be so certaine wherein the circumstances will not make a variation in the Case for in this aage mens wits increase so much by ciuilitie that the circumstances of euery particular case varies so much from the generall Text of Law as in the Ciuill Law it selfe there are therefore so many Doctors that cōment vpon the Text neuer a one almost agrees with another Otherwise there needed no Iudges but the bare letter of the Law Yet could I wish that some more certaintie were set downe in this case by Parliament for since the very Reports themselues are not alwayes so binding but that diuers times Iudges doe disclaime them and recede from the iudgment of their predecessors it were good that vpon a mature deliberation the exposition of the Law were set downe by Acte of Parliament and such reports therein confirmed as were thought fit to serue for Law in all times hereafter and so the people should not depend vpon the bare opinions of Iudges and vncertaine Reports And lastly there be in the Common Law diuers contrary Reports and Presidents and this corruption doeth likewise concerne the Statutes and Acts of Parliament in respect there are diuers crosse and cuffing Statutes and some so penned as they may be taken in diuers yea contrary sences And therefore would I wish both those Statutes and Reports aswell in the Parliament as Common Law to be once maturely reuiewed and reconciled And that not onely all contrarieties should be scraped out of our Bookes but euen that such penall Statutes as were made but for the vse of the time from breach whereof no man can be free which doe not now agree with the condition of this our time might likewise beleft out of our bookes which vnder a tyrannous or auaritious King could not be endured And this reformation might me thinkes bee made a worthy worke and well deserues a Parliament to be set of purpose for it I know now that being vpon this point of the Common Law you looke to heare my opinion concerning Prohibitions and I am not ignorant that I haue bene thought to be an enemie to all Prohibitions and an vtter stayer of them But I will shortly now informe you what hath bene my course in proceeding therein It is trew that in respect of diuers honorable Courts and Iurisdictions planted in this Kingdome I haue often wished that euery Court had his owne trew limit and iurisdiction clearely set downe and certainly knowne which if it be exceeded by any of them or that any of them encroch one vpon another then I grant that a Prohibition in that case is to goe out of the Kings Bench but chiefliest out of the
any petitions or Grieuances to be deliuered obscurely or in the darke but openly and auowedly in your Publique house and there to be presented to the Speaker And as to the matter of your Grieuances I wish you here now to vnderstand me rightly And because I see many writing and noting I will craue your pardons to holde you a little longer by speaking the more distinctly for feare of mistaking First then I am not to finde fault that you informe your selues of the particular iust Grieuances of the people Nay I must tell you ye can neither be iust nor faithfull to me or to your Countreys that trust and imploy you if you doe it not For true Plaints proceede not from the persons imployed but from the Body represented which is the people And it may very well bee that many Directions and Commissions iustly giuen forth by me may be abused in the Execution thereof vpon the people and yet I neuer to receiue information except it come by your meanes at such a time as this is as in the case of Stephen Procter But I would wish you to be carefull to auoide three things in the matter of Grieuances First that you doe not meddle with the maine points of Gouernment that is my craft tractent fabrilia sabri to meddle with that were to lesson me I am now an old King for sixe and thirtie yeeres haue I gouerned in Scotland personally and now haue I accomplished my appâ—enticeship of seuen yeeres heere and seuen yeeres is a great time for a Kings experience in Gouernment Therefore there would not bee too many Phormios to teach Hannibal I must not be taught my Office Secondly I would not haue you meddle with such ancient Rights of mine as I haue receiued from my Predecessors possessing them More Maiorum such things I would bee sorie should bee accounted for Grieuances All nouelties are dangerous as well in a politique as in a naturall Body And therefore I would be loth to be quarrelled in my ancient Rights and possessions for that were to iudge mee vnworthy of that which my Predecessors had and left me And lastly I pray you beware to exhibite for Grieuance any thing that is established by a setled Law and whereunto as you haue already had a proofe you know I will neuer giue a plausible answere For it is an vndutifull part in Subiects to presse their King wherein they know before-hand he will refuse them Now if any Law or Statute be not conuenient let it be amended by Parliament but in the meane time terme it not a Grieuance for to be grieued with the Law is to be grieued with the King who is sworne to bee the Patron and mainteiner thereof But as all men are flesh and may erre in the execution of Lawes So may ye iustly make a Grieuance of any abuse of the Law distinguishing wisely betweene the faults of the person and the thing it selfe As for example Complaints may be made vnto you of the high Commissioners If so be trie the abuse and spare not to complaine vpon it but say not there shall be no Commission For that were to abridge the power that is in me and I will plainely tell you That something I haue with my selfe resolued annent that point which I meane euer to keepe except I see other great cause which is That in regard the high Commission is oâ— so high a nature from which there is no appellation to any other Court I haue thought good to restraine it onely to the two Archbishops where before it was common amongst a great part of the Bishops in England This Law I haue set to my selfe and therefore you may be assured that I will neuer finde fault with any man nor thinke him the more Puritane that will complaine to me out of Parliament aswell as in Parliament of any error in execution thereof so that hee prooue it Otherwise it were but a calumnie Onely I would bee loath that any man should grieue at the Commission it selfe as I haue already said Yee haue heard I am sure of the paines I tooke both in the causes of the Admiralty and of the Prohibitions If any man therefore will bring me any iust complaints vpon any matters of so high a nature as this is yee may assure your selues that I will not spare my labour in hearing it In faith you neuer had a more painefull King or that will be readier in his person to determine causes that are fit for his hearing And when euer any of you shall make experience of me in this point ye may be sure neuer to want accesse nor ye shall neuer come wrong to me in or out of Parliament And now to conclude this purpose of Grieuances I haue one generall grieuance to commend vnto you and that in the behalfe of the Countreys from whence ye come And this is to pray you to beware that your Grieuances sauour not of particular mens thoughts but of the generall griefes rising out of the mindes of the people and not out of the humor of the propounder And therefore I would wish you to take heede carefully and consider of the partie that propounds the grieuance for ye may if ye list easily discerne whether it bee his owne passion or the peoples griefe that makes him to speake for many a man will in your house propound a Grieuance out of his owne humour because peraduenture he accounts highly of that matter and yet the countrey that imployes him may perhaps either be of a contrary minde or at least little care for it As for example I assure you I can very well smell betweene a Petition that mooues from a generall Grieuance or such a one as comes from the spleene of some particular person either against Ecclesiasticall gouernment in generall or the person of any one Noble man or Commissioner in particular ANd now the third point remaines to bee spoken of which is the cause of my calling of this Parliament And in this I haue done but as I vse to doe in all my life which is to leaue mine owne errand hindmost It may bee you did wonder that I did not speake vnto you publikely at the beginning of this Session of Parliament to tell you the cause of your calling as I did if I bee rightly remembred in euery Session before But the trewth is that because I call you at this time for my particular Errand I thought it fitter to bee opened vnto you by my Treasurer who is my publike and most principall Officer in matters of that nature then that I should doe it my selfe for I confesse I am lesse naturally eloquent and haue greater cause to distrust mine elocution in matters of this nature then in any other thing I haue made my Treasurer already to giue you a very cleere and trew accompt both of my hauing and expenses A fauour I confesse that Kings doe seldome bestow vpon their Subiects in making them so particularly
pitie them but if they bee good and quiet Subiects I hate not their persons and if I were a priuate man I could well keepe a ciuill friendship and conuersation with some of them But as for those Apostates who I know must be greatest haters of their owne Sect I confesse I can neuer shew any fauourable countenance toward them and they may all of them be sure without exception that they shall neuer finde any more fauour of mee further then I must needs in Iustice afford them And these would I haue the Law to strike seuereliest vpon and you carefullest to discouer Yee know there hath beene great stirre kept for begging Concealements these yeeres past and I pray you let mee begge this concealement both of the Bishops and Iudges That Papists be no longer concealed Next as concerning the Common wealth I doe specially recommend vnto you the framing of some new Statute for preseruation of woods In the end of the last Session of Parliament ye had a Bill amongst you of that subiect but because you found some faults therein you cast out the whole Bil But I could haue rather wished that yee had either mended it or made a new one For to cast out the whole Bill because of some faults was euen as if a man that had a new garment brought him would chuse rather to go naked then haue his garment made fit for him But on my coscience I cannot imagine why you should so lightly haue esteemed a thing so necessary for the Common wealth if it were not out of a litle frowardnesse amongst you at that time that what I then recommended earnestly vnto you it was the worse liked of The maintenance of woods is a thing so necessary for this Kingdome as it cannot stand nor be a Kingdome without it For it concernes you both in your Esse Bene esse and in pleasures Your Esse for without it you want the vse of one of the most necessarie Elements which is Fire and fewell to dresse your meate with for neither can the people liue in these colde Countries if they want fire altogether nor yet can you dresse your meate without it and I thinke you will ill liue like the Cannibals vpon raw flesh for the education of this people is farre from that As to your bene esse The decay of woods will necessarily bring the decay of Shipping which both is the security of this Kingdome since God hath by nature made the Sea to bee the wall of this Iland and the rather now since God hath vnited it all in my Person and Crowne As also by the decay of Shipping will you loose both all your forraine commodities that are fit for this countrey and the venting of our owne which is the losse of Trade that is a maine pillar of this kingdome And as for Pleasure yee know my delight in Hunting and Hawking and many of your selues are of the same minde and all this must needes decay by the decay of Woods Ye haue reason therefore to prouide a good Law vpon this Subiect Now as to the last point concerning matters of Pleasure it consists in the preseruing of Game which is now almost vtterly destroyed through all the Kingdome And if you offer not now a better Law for this then was made in the last Session of Parliament I will neuer thanke you for it For as for your Law anent Partridge and Phesant you haue giuen leaue to euery man how poore a Farmour that euer hee bee to take and destroy them in his owne ground how he list But I pray you how can the Game bee maintained if Gentlemen that haue great Lordships shall breed and preserue them there and so soone as euer they shall but flie ouer the hedge and light in a poore fellowes Close they shall all be destroyed Surely I know no remedie for preseruing the Game that breedes in my grounds except I cast a roofe ouer all the ground or else put veruels to the Partridges feet with my Armes vpon them as my Hawkes haue otherwise I know not how they shall bee knowen to be the Kings Partridges when they light in a Farmours Close And by your Lawe against stealing of Deere or Conies after a long discourse and prohibition of stealing them you conclude in the end with a restriction that all this punishment shall bee vnderstood to bee vsed against them that steale the Game in the night Which hath much encouraged all the looser sort of people that it is no fault to steale Deere so they doe it not like theeues in the night As was that Law of the Lacedemonians against theft that did not forbid theft but onely taught them to doe it cunningly and without discouerie Whereupon a foolish boy suffered a Foxe to gnaw his heart through his breast And this doctrine is like that Lesson of the Cannon Law Si non castè tamen cautè I knowe you thinke that I speake partially in this case like a Hunter But there is neuer a one of you that heares mee that cares the least for the sport for preseruation of the Game but he would be as glad to haue a pastie of Venison if you might get it as the best Hunter would And if the Game be not preserued you can eate no Venison As for Partridge and Phesant I doe not denie that Gentlemen should haue their sport and specially vpon their owne ground But first I doe not thinke such Game and pleasures should be free to base people And next I would euen wish that Gentlemen should vse it in a Gentlemanlike fashion and not with Nets or Gunnes or such other vngentlemanlike fashions that serue but for vtter destruction of all Game nor yet to kill them at vnseasonable times as to kill the Phesant and Partridges when they are no bigger then Mice when as for euery one their Hawkes kill ten will be destroyed with their Dogs and Horse feet besides the great and intolerable harme they doe to Corne in that season And now in the end of all this faschious Speach I must conclude like a Grey Frier in speaking for my selfe at last At the beginning of this Session of Parliament when the Treasourer opened my necessities vnto you then my Purse onely laboured But now that word is spread both at home and abroad of the demaunds I haue made vnto you my Reputation laboureth aswellas my Purse For if you part without the repairing of my State in some reasonable sort what can the world thinke but that the euill will my Subiects beare vnto mee hath bred a refuse And yee can neuer part so without apprehending that I am distasted with your behauiour and yet to be in feare of my displeasure But I assure and promise my selfe farre otherwise THus haue I now performed my promise in presenting vnto you the Christall of your Kings heart Yee know that principally by three wayes yee may wrong a Mirrour Frst I pray you looke not vpon my Mirrour
will neuer goe And as he hath promised me to take no other Iurisdiction to himselfe so is it my promise euer to maintaine this Iurisdiction in that Court Therefore I speake this to vindicate that Court from misconceipt and contempt It is the duetie of Iudges to punish those that seeke to depraue the proceedings of any the Kings Courts and not to encourage them any way And I must confesse I thought it an odious and inept speach and it grieued me very much that it should be said in Westminster Hall that a Premunire lay against the Court of the Chancery and Officers there How can the King grant a Premunire against himselfe It was a foolish inept and presumptuous attempt and fitter for the time of some vnworthy King vnderstand mee aright I meane not the Chancerie should exceed his limite but on the other part the King onely is to correct it and none else And therefore I was greatly abused in that attempt For if any was wronged there the complaint should haue come to mee None of you but will confesse you haue a King of reasonable vnderstanding and willing to reforme why then should you spare to complaine to me that being the high way and not goe the other way and backe-way in contempt of our Authoritie And therefore sitting heere in a seat of Iudgement I declare and command that no man hereafter presume to sue a Premunire against the Chancery which I may the more easily doe because no Premunire can bee sued but at my Suit And I may iustly barre my selfe at mine owne pleasure As all inundations come with ouerflowing the bankes and neuer come without great inconuenience and are thought prodigious by Astrologers in things to come So is this ouerflowing the bankes of your Iurisdiction in it selfe inconuenient and may proue prodigious to the State Remember therefore that hereafter you keepe within your limits and Iurisdictions It is a speciall point of my Office to procure and command that amongst Courts there bee a concordance and musicall accord and it is your parts to obey and see this kept And as you are to obserue the ancient Lawes and customes of England so are you to keepe your selues within the bound of direct Law or Presidents and of those not euery snatched President carped now here now there as it were running by the way but such as haue neuer beene controuerted but by the contrary approued by common vsage in times of best Kings and by most learned Iudges The Starre-Chamber Court hath bene likewise shaken of late and the last yeere it had receiued a sore blow if it had not bene assisted and caried by a few voyces The very name of Starre-Chamber seemeth to procure a reuerence to the Court. I will not play the Criticke to descant on the name It hath a name from heauen a Starre placed in it and a Starre is a glorious creature and seated in a glorious place next vnto the Angels The Starre-Chamber is also glorious in substance for in the composition it is of foure sorts of persons The first two are Priuie Counsellours and Iudges the one by wisedome in matters of State the other by learning in matters of Law to direct and order all things both according to Law and State The other two sorts are Peeres of the Realme and Bishops The Peeres are there by reason of their greatnesse to giue authority to that Court The Bishops because of their learning in Diuinitie and the interest they haue in the good gouernment of the Church And so both the learning of both Diuine and humane Law and experience and practise in Gouernment are conioyned together in the proceedings of this Court There is no Kingdome but hath a Court of Equitie either by it selfe as is heere in England or else mixed and incorporate in their Office that are Iudges in the Law as it is in Scotland But the order of England is much more perfect where they are diuided And as in case of Equitie where the Law determines not clearely there the Chancerie doeth determine hauing Equitie belonging to it which doeth belong to no other Court So the Starre-Chamber hath that belonging to it which belongs to no other Court For in this Court Attempts are punishable where other Courts punish onely facts And also where the Law punisheth facts easily as in case of Riots or Combates there the Starre-Chamber punisheth in a higher degree And also all combinations of practises and conspiracies And if the King be dishonoured or contemned in his Prerogatiue it belongeth most properly to the Peeres and Iudges of this Court to punish it So then this Court being instituted for so great causes it is great reason it should haue great honour Remember now how I haue taught you brotherly loue one toward another For you know well that as you are Iudges you are all brethren and your Courts are sisters I pray you therefore labour to keepe that sweete harmonie which is amongst those sisters the Muses What greater miserie can there bee to the Law then contempt of the Law and what readier way to contempt then when questions come what shall bee determined in this Court and what in that Whereupon two euils doe arise The one that men come not now to Courts of iustice to heare matters of right pleaded and Decrees giuen accordingly but onely out of a curiositie to heare questions of the Iurisdictions of Courts disputed and to see the euent what Court is like to preuaile aboue the other And the other is that the Pleas are turned from Court to Court in an endlesse circular motion as vpon Ixions wheele And this was the reason why I found iust fault with that multitude of Prohibitions For when a poore Minister had with long labour and great expence of charge and time gotten a sentence for his Tithes then comes a Prohibition and turnes him round from Court to Court and so makes his cause immortall and endlesse for by this vncertaintie of Iurisdiction amongst Courts causes are scourged from Court to Court and this makes the fruit of Suits like Tantalus fruite still neere the Suiters lips but can neuer come to taste it And this in deed is a great delay of Iustice and makes causes endlesse Therefore the onely way to auoyd this is for you to keepe your owne bounds and nourish not the people in contempt of other Courts but teach them reuerence to Courts in your publique speaches both in your Benches and in your Circuits so shall you bring them to a reuerence both of GOD and of the King Keepe therefore your owne limits towards the King towards other Courts and towards other Lawes bounding your selues within your owne Law and make not new Law Remember as I said before that you are Iudges to declare and not to make Law For when you make a Decree neuer heard of before you are Law-giuers and not Lawtellers I haue laboured to gather some Articles like an Index expurgatorius of nouelties new