be more cruel or more voyd of reason then to seeke to stop the strong and violent streame of tyrannie by sedition These words me thinke doe make very strongly and expresly against butchering euen of Tyrannical Kings And whereas a little after the said passage he teacheth to expell Tyrannie he hath not a word of expelling the Tyrant but onely of breaking and shaking off the yoke of Tyrannie Yet for all that he would not haue the remedies for the repressing of Tyrannie to be fetcht from the Pope who presumeth to degrade Kings but from Philosophers Lawyers Diuines and personages of good conuersation It appeareth now by all that hath bin said before that whereas Gerson in the 7. Considerat against Flatterers doeth affirme Whensoeuer the Prince doeth manifestly pursue and prosecute his naturall subiects and shew himselfe obstinately bent with notorious iniustice to vexe them of set purpose and with full consent so farre as to the fact then this rule and law of Nature doeth take place It is lawfull to resist and repell force by force and the sentence of Seneca There is no sacrifice more acceptable to God then a tyrant offered in sacrifice the words doeth take place are so to be vnderstood as he speaketh in another passage to wit with or amongst seditious persons Or else the words doeth take place doe onely signifie is put in practise And so Gerson there speaketh not as out of his owne iudgement His Lordship also should not haue balked and left out Sigebertus who with more reason might haue passed for French then Thomas and Occam whom hee putteth vpon vs for French Sigebertus in his Chronicle vpon the yeere 1088. speaking of the Emperours deposing by the Pope hath words of this tenour This Heresie was not crept out of the shell in those dayes that his Priests who hath said to the King Apostata and maketh an hypocrite to rule for the sinnes of the people should teach the people they owe no subiection vnto wicked Kings nor any alleagiance notwithstanding they haue taken the oath of alleagiance Now after the L. Cardinal hath coursed in this maner through the histories of the last aages which in case they all made for his purpose doe lacke the weight of authority in stead of searching the will of God in the sacred Oracles of his word and standing vpon examples of the ancient Church at last leauing the troupe of his owne allegations he betakes himselfe to the sharpening and rebating of the points of his aduersaries weapons For the purpose he brings in his aduersaries the champions of Kings Crownes makes them to speake out of his own mouth for his Lordship saith it will be obiected after this maner Pag. 52. sequentibus It may come to passe that Popes either caried with passion or misled by sinister information may without iust cause fasten vpon Kings the imputation of heresie or apostasie Then for King-deposers he frames this answere That by heresie they vnderstand notorious heresie and formerly condemned by sentence of the Church Moreouer in case the Pope hath erred in the fact it is the Clergies part adhering to their King to make remonstrances vnto the Pope and to require the cause may be referred to the iudgement of a full Councel the French Church then and there being present Now in this answere the L. Cardinall is of another mind then Bellarmine his brother Cardinall Aduers Barclaium For hee goes thus farre That a Prince condemned by vniust sentence of the Pope ought neuerthelesse to quit his Kingdome and that his Pastors vniust sentence shall not redound to his detriment prouided that hee giue way to the said sentence and shew himselfe not refractarie but stay the time in patience vntil the holy Father shall renounce his error and reuoke his foresaid vniust sentence In which case these two material points are to be presupposed The one That he who now hath seized the kingdome of the Prince displaced wil forthwith if the Pope shall sollicit and intercede returne the Kingdome to the hand of the late possessor The other That in the interim the Prince vniustly deposed shall not need to feare the bloody murderers mercilesse blade and weapon But on the other side the Popes power of so large a size as Bellarmine hath shaped is no whit pleasing to the L. Cardinals eye For in case the King should be vniustly deposed by the Pope not well informed he is not of the minde the Kingdome should stoupe to the Popes behests but will rather haue the Kingdome to deale by remonstrance and to referre the cause vnto the Council Wherein he makes the Council to be of more absolute and supreme authority then the Pope a straine to which the holy father will neuer lend his eare And yet doubtlesse the Council required in this case must be vniuersall wherein the French for so much as they stand firme for the King and his cause can be no Iudges and in that regard the L. Cardinal requireth onely the presence of the French Church Who seeth not here into what pickle the French cause is brought by this meanes The Bishops of Italie forsooth of Spaine of Sicilie of Germanie the subiects of Soueraignes many times at professed or priuie enmitie with France shall haue the cause compremitted and referred to their iudgement whether the Kindome of France shall driue out her Kings and shall kindle the flames of seditious troubles in the very heart and bowels of the Realme But is it not possible that a King may lacke the loue of his owne subiects and they taking the vantage of that occasion may put him to his trumps in his owne Kingdome Is it not possible that calumniations whereby a credulous Pope hath beene seduced may in like maner deceiue some part of a credulous people Is it not possible that one part of the people may cleaue to the Popes Faction another may hold and stand out for the Kings rightfull cause and ciuill warres may be kindled by the splene of these two sides Is it not possible that his Holinesse will not rest in the remonstrances of the French and will no further pursue his cause And whereas now a dayes a Generall Councill cannot be held except it be called and assembled by the Popes authority is it credible the Pope will take order for the conuocation of a Council by whom he shall be iudged And how can the Pope be President in a Councill where himselfe is the party impleaded and to whom the sifting of his owne sentence is referred as it were to Committies to examine whether it was denounced according to Law or against Iustice But in the meane time whilest all these remonstrances and addresses of the Council are on foot behold the Royall Maiestie of the King hangeth as it were by loose gimmals and must stay the iudgement of the Council to whom it is referred Well what if the Councill should happe to be two or three yeeres in assembling and
hencefoorth I shall beare faith and trew Allegiance to the Kings Highnesse his Heires and lawfull Successours and to my power shall assist and defend all Iurisdictions Priuiledges Preeminences and Authorities granted or belonging to the Kings Highnesse his Heires and Successours or vnited and annexed to the Imperiall Crowne of the Realme So helpe me God and by the Contents of this booke And that the iniustice as well as the error of his grosse mistaking in this point may yet be more clearely discouered I haue also thought good to insert here immediatly after the Oath of Supremacie the contrary conclusions to all the points and Articles whereof this other late Oath doeth consist whereby it may appeare what vnreasonable and rebellious points hee would driue my Subiects vnto by refusing the whole body of that Oath as it is conceiued For he that shall refuse to take this Oath must of necessitie hold all or some of these propositions following That I King IAMES am not the lawfull King of this Kingdome and of all other my Dominions That the Pope by his owne authoritie may depose me If not by his owne authoritie yet by some other authoritie of the Church or of the Sea of Rome If not by some other authoritie of the Church and Sea of Rome yet by other meanes with others helpe he may depose me That the Pope may dispose of my Kingdomes and Dominions That the Pope may giue authoritie to some forreine Prince to inuade my Dominions That the Pope may discharge my Subiects of their Allegiance and Obedience to me That the Pope may giue licence to one or more of my Subiects to beare armes against me That the Pope may giue leaue to my Subiects to offer violence to my Person or to my gouernement or to some of my Subiects That if the Pope shall by Sentence excommunicate or depose mee my Subiects are not to beare Faith and Allegiance to me If the Pope shall by Sentence excommunicate or depose me my Subiects are not bound to defend with all their power my Person and Crowne If the Pope shall giue out any Sentence of Excommunication or Depriuation against me my Subiects by reason o◠that Sentence are not bound to reueale all Conspiracies and Treasons against mee which shall come to their hearing and knowledge That it is not hereticall and detestable to hold that Princes being excommunicated by the Pope may be either deposed or killed by their Subiects or any other That the Pope hath power to absolue my Subiects from this Oath or from some part thereof That this Oath is not administred to my Subiects by a full and lawfull authoritie That this Oath is to be taken with Equiuocation mentall euasion or secret reseruation and not with the heart and good will sincerely in the trew faith of a Christian man These are the trew and naturall branches of the body of this Oath The affirmatiue of all which negatiues Touching the pretended Councell of Lateran See Plat. In vita Innocen III. doe neither concerne in any case the Popes Supremacie in Spirituall causes nor yet were euer concluded and defined by any complete generall Councell to belong to the Popes authoritie and their owne schoole Doctors are at irreconciliable oddes and iarres about them And that the world may yet farther see ours and the whole States setting downe of this Oath The Oath of Allegiance confirmed by the authoritie of ancient Councels did not proceed from any new inuention of our owne but as it is warranted by the word of GOD so doeth it take the example from an Oath of Allegiance decreed a thousand yeeres agone which a famous Councell then together with diuers other Councels were so farre from condemning as the Pope now hath done this Oath as I haue thought good to set downe their owne wordes here in that purpose whereby it may appeare that I craue nothing now of my Subiects in this Oath which was not expresly and carefully commaunded then by the Councels to be obeyed without exception of persons Nay not in the very particular point of Equiuocatiō The ancient Councels prouided for Equiuocation The difference betweene the ancient Councels and the Pope counselling of the Catholiques which I in this Oath was so carefull to haue eschewed but you shall here see the said Councels in their Decrees as carefull to prouide for the eschewing of the same so as almost euery point of that action this of ours shal be found to haue relation agreeance one with the other saue onely in this that those old Councels were careful and strait in cōmanding the taking of the same whereas by the contrary he that now vanteth himselfe to be head of al Councels is as careful strait in the prohibition of all men from the taking of this Oath of Allegiance The words of the Councell be these Heare our Sentence Whosoeuer of vs Concil Tolet. 4 can 47. Anno 633. or of all the people thorowout all Spaine shall goe about by any meanes of conspiracie or practise to violate the Oath of his fidelitie which he hath taken for the preseruation of his Countrey or of the Kings life or who shall attempt to put violent handes vpon the King or to depriue him of his kingly power or that by tyrannicall presumption would vsurpe the Soueraigntie of the Kingdome Let him bee accursed in the sight of God the Father and of his Angels and let him bee made and declared a stranger from the Catholique Church which hee hath prophaned by his periurie and an aliant from the companie of all Christian people together with all the complices of his impietie because it behooueth all those that bee guiltie of the like offence to vnder-lie the like punishment Which sentence is three seuerall times together and almost in the same wordes repeated in the same Canon After this the Synode desired That this Sentence of theirs now this third time rehearsed might bee confirmed by the voyce and consent of all that were present Then the whole Clergie and people answered Whosoeuer shall cary himselfe presumptuously against this your definitiue sentence let them be Anathema maranatha that is let them bee vtterly destroyed at the Lords comming and let them and their complices haue their portion with Iudas Iscarioth Amen And in the fifth 1 Concil Tolet. 5. Can. 7. anno 636. Councell there it is decreed That this Acte touching the Oath of Allegiance shall bee repeated in euery Councell of the Bishops of Spaine The Decree is in these wordes In consideration that the mindes of men are easily inclined to euill and forgetfulnesse therefore this most holy Synode hath ordained and doeth enact That in euery Councell of the Bishops of Spaine the Decree of the generall 2 Synod Tolet 4. vniuersalis magna Synodus dicta Synod Tolet. 5. cap 2. Councell which was made for the safetie of our Princes shall bee with an audible voyce proclaimed and pronounced after the
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
Papal power whatsoeuer and yet saith withall the Pope winketh at the French by his toleration to hold this dogmaticall point for problematicall And by this meanes the Martyrdome that hee affecteth in this cause will prooue but a problematicall Martyrdome whereof question might grow very well whether it were to be mustered with grieuous crimes or with phreneticall passions of the braine or with deserued punishments Fiftly he denounceth Anathema dischargeth maledictions like haile-shot against parricides of Kings and yet elsewhere hee layes himselfe open to speake of Kings onely so long as they stand Kings But who doeth not know that a King deposed is no longer King And so that limme of Satan which murthered Henry the III. then vn-king'd by the Pope did not stabbe a King to death Sixtly he doeth not allow a King to be made away by murder and yet he thinks it not much out of the way to take away al meanes whereby he might be able to stand in defence of his life Seuenthly Pag. 95.97 hee abhorreth killing of Kings by apposted throat-cutting for feare lest body and soule should perish in the same instant and yet he doth not mislike their killing in a pitcht field and to haue them slaughtered in a set battaile For he presupposeth no doubt out of his charitable mind that by this meanes the soule of a poore King so dispatched out of the way shall instantly flie vp to heauen Eightly he saith a King deposed retaineth stil a certaine internal habitude and politike impression by vertue and efficacie whereof he may being once reformed and become a new man be restored to the lawfull vse and practise of Regalitie Whereby hee would beare vs in hand that when a forraine Prince hath inuaded and rauenously seised the kingdome into his hands he will not onely take pittie of his predecessour to saue his life but will also proue so kind-hearted vpon fight of his repentance to restore his kingdome without fraud or guile Ninthly he saith euery where in his Discourse that he dealeth not in the cause otherwise then as a problematicall discourser and without any resolution one way or other and yet with might and maine hee contends for the opinion that leaues the States and Crownes of Kings controulable by the Pope refutes obiections propounds the authoritie of Popes and Councils by name the Lateran Councill vnder Innocent III. as also the consent of the Church And to crosse the Churches iudgement is in his opinion to bring in schisme and to leaue the world without a Church for many hundred yeeres together which to my vnderstanding is to speake with resolution and without all hesitation Tenthly he acknowledgeth none other cause of sufficient validitie for the deposing of a King besides herefie apostasie and infidelitie neuerthelesse that Popes haue power to displace Kings for herefie and apostasie hee proueth by examples of Kings whom the Pope hath curbed with deposition not for heresie but for matrimoniall causes for ciuill pretences and for lacke of capacitie Eleuenthly hee alledgeth euery where passages as well of holy Scripture as of the Fathers and moderne histories but so impertinent and with so little trewth as hereafter wee shall cause to appeare that for a man of his deepe learning and knowledge it seemeth not possible so to speake out of his iudgement Lastly whereas all this hath bene hudled and heaped together into one masse to currie with the Pope yet hee suffereth diuers points to fall from his lips which may well distast his Holinesse in the highest degree As by name where he prefers the authoritie of the Councill before that of the Pope and makes his iudgement inferiour to the iudgement of the French as in fit place hereafter shal be shewed Againe where he representeth to his hearers the decrees of Popes and Councils already passed concerning this noble subiect and yet affirmes that he doth not debate the question but as a Questionist and without resolution As if a Cardinal should be afraid to be positiue and to speake in peremptory straines after Popes and Councils haue once decided the Question Or as if a man should perorate vpon hazard in a cause for the honour whereof he would make no difficultie to suffer Martyrdome Adde hereunto that his Lordship hath alwayes taken the contrary part heretofore and this totall must needs arise that before the third Estate his lips looked one way and his conscience another All these points by the discourse which is to follow and by the ripping vp of his Oration which by Gods assistance J will vndertake tending to the reproch of Kings and the subuersion of kingdomes J confidently speake it shal be made manifest Yet doe J not conceiue it can any way make for my honour to enter the lists against a Cardinall For J am not ignorant how farre a Cardinals Hat commeth vnder the Crowne and Scepter of a King For well J wot vnto what sublimitie the Scripture hath exalted Kings when it styles them Gods Whereas the dignitie of a Cardinall is but a late vpstart inuention of man In the Preface to my Apologie as J haue elsewhere prooued But J haue imbarqued my selfe in this action mooued thereunto First by the common interest of Kings in the cause it selfe Then by the L. Cardinall who speaketh not in this Oration as a priuate person but as one representing the body of the Clergie and Nobilitie by whom the cause hath bene wonne and the garland borne away from the third Estate Againe by mine owne particular because he is pleased to take me vp for a sower of dissention and a persecutour vnder whom the Church is hardly able to fetch her breath yea for one by whom the Catholikes of my Kingdome are compelled to endure all sorts of punishments and withal he tearmes this Article of the third Estate a monster with a fishes taile that came swimming out of England Last of all by the present state of France because France being now reduced to so miserable tearmes that it is now become a crime for a Frenchman to stand for his King it is a necessary duetie of her neighbours to speake in her cause and to make triall whether they can put life into the trewth now dying and ready to be buried by the power of violence that it may resound and ring againe from remote regions J haue no purpose once to touch many prettie toyes which the ridges of his whole booke are sowen withall Such are his allegations of Pericles Agesilaus Aristotle Minos the Druides the French Ladies Hannibal Pindarus and Poeticall fables All resembling the red and blew flowers that pester the corne when it standeth in the fields where they are more noy some to the growing crop then beautifull to the beholding eye Such pettie matters nothing at all beseemed the dignitie of the Assembly and of the maine subiect or of the Orator himselfe For it was no Decorum to enter the Stage with a Pericles in his mouth but with the
the said Clergie were driuen to sue vnto the Pope for their pardon Bibliotheca Patrum Tom. 3. Hildebert Bishop of Caenomanum vpon the riuer of Sartre liuing vnder the reigne of King Philip the first affirmeth in his Epistles 40. and 75. that Kings are to bee admonished and instructed rather then punished to be dealt with by counsell rather then by command by doctrine and instruction rather then by correction For no such sword belongeth to the Church because the sword of the Church is Ecclesiasticall discipline and nothing else De consider lib. 1. cap. 6. Bernard writeth to Pope Eugenius after this manner Whosoeuer they bee that are of this mind and opinion shall neuer be able to make proofe that any one of the Apostles did euer fit in qualitie of Iudge or Diuider of lands I reade where they haue stood to bee iudged but neuer where they sate downe to giue iudgement Againe Your authoritie stretcheth vnto crimes not vnto possessions because you haue receiued the keies of the kingdome of heauen not in regard of possessions but of crimes to keepe all that pleade by couin or collusion and not lawfull possessors out of the heauenly kingdome A little after These base things of the earth are iudged by the Kings and Princes of this world wherefore doe you thrust your sickle into an others haruest wherefore doe you incroach and intrude vpon an others limits Lib. 2. cap. 6. Elsewhere The Apostles are directly forbid to make themselues Lords and rulers Goe thou then and beeing a Lord vsurpe Apostleship or beeing an Apostle vsurpe Lordship If thou needes wilt haue both doubtlesse thou shalt haue neither Iohannes Maior Doctor of Paris Dist 24. quest 3 The Soueraigne Bishop hath no temporall authoritie ouer Kings The reason Because it followes the contrarie being once granted that Kings are the Popes vassals Now let other men iudge whether he that hath power to dispossesse Kings of all their Temporalties hath not likewise authoritie ouer their Temporalties The same Author Comment in l. 4. Sent. Dist 24 fol. 214. The Pope hath no manner of title ouer the French or Spanish Kings in temporall matters Where it is further added That Pope Innocent 3. hath beene pleased to testifie that Kings of France in Temporall causes doe acknowledge no superiour For so the Pope excused himselfe to a certaine Lord of Montpellier who in stead of suing to the King had petitioned to the Pope for a dispensation for his bastard But perhaps as he speaketh it will be alledged out of the glosse that hee acknowledgeth no superiour by fact and yet ought by right But I tell you the glosse is an Aurelian glosse which marres the text Amongst other arguments Maior brings this for one This opinion ministreth matter vnto Popes to take away an others Empire by force and violence which the Pope shall neuer bring to passe as we reade of Boniface 8. against Philip the Faire Saith besides That from hence proceede warres in time of which many outragious mischiefes are done and that Gerson calls them egregious flatterers by whom such opinion is maintained In the same place Maior denies that Childeric was deposed by Pope Zacharie The word Hee deposed saith Maior is not so to bee vnderstood as it is taken at the first blush or fight but hee deposed is thus expounded in the glosse Hee gaue his consent vnto those by whom he was deposed Iohn of Paris De potest Regia Papali cap. 10. Were it graunted that Christ was armed with Temporall power yet he committed no such power to Peter A little after The power of Kings is the highest power vpon earth in Temporall causes it hath no superiour power aboue it selfe no more then the Pope hath in spirituall matters This author saith indeede the Pope hath power to excommunicate the King but he speaketh not of any power in the Pope to put downe the King from his regall dignity and authority He onely saith When a Prince is once excommunicated hee may accidentally or by occasion be deposed because his precedent excommunication incites the people to disarme him of all secular dignity and power The same Iohn on the other side holdeth opinion that in the Emperour there is inuested a power to depose the Pope in case the Pope shall abuse his power Almainus Doctor of the Sorbonic schoole Almain de potesi Eccl Laica Quest 3. cap. 8. De deminio naturali ciuil Eccl. 5. vlt. pars It is essentiall in the Lay-power to inflict ciuill punishment as death banishment and priuation or losse of goods But according to diuine institution the power Ecclesiasticall can lay no such punishment vpon delinquents nay more not lay in prison as to some Doctors it seemeth probable but stretcheth and reacheth onely to spirituall punishment as namely to excommunication all other punishments inflicted by the spirituall power are meerely by the Lawe positiue If then Ecclesiasticall power by Gods Lawe hath no authoritie to depriue any priuate man of his goods how dares the Pope and his flatterers build their power to depriue Kings of their scepters vpon the word of God The same author in an other place Quaest 1. de potest Eccles laic c. 12. 14 Bee it graunted that Constantine had power to giue the Empire vnto the Pope yet is it not hereupon to bee inferred that Popes haue authority ouer the Kingdome of France because that Kingdome was neuer subiect vnto Constantine For the King of France neuer had any superiour in Temporall matters A little after It is not in any place to bee found that God hath giuen the Pope power to make and vnmake Temporall Kings He maintaineth elsewhere that Zacharie did not depose Childeric Quaest 2. c. 8. sic nond posuit autoruat 〈◊〉 but onely consented to his deposing and so deposed him not as by authoritie In the same booke taking vp the words of Occam whom he styles the Doctor The Emperour is the Popes Lord in things Temporall and the Pope calls him Lord Quae. 3. c. 2. Quaest 11. can Sacerd. as it is witnessed in the body of the Text. The Lord Cardinall hath dissembled and concealed these words of Doctor Almainus with many like places and hath beene pleased to alledge Almainus reciting Occams authoritie in stead of quoting Almainus himselfe in those passages where he speaketh as out of his owne opinion and in his owne words A notable piece of slie and cunning conueiance For what heresie may not be fathered and fastened vpon S. Augustine or S. Hierome if they should be deemed to approoue all the passages which they alledge out of other authors And that is the reason wherefore the L. Cardinall doeth not alledge his testimonies whole and perfect as they are couched in their proper texts but clipt and curtaild Thus he dealeth euen in the first passage or testimonie of Almainus he brings it in mangled and pared he hides and conceales
the Oath of Allegiance Doeth not his Holinesse by this meanes draw so much as in him lyeth persecution vpon the backes of my Papists as vpon rebels and expose their life as it were vpon the open stall to be sold at a very easie price All these examples either ioynt or seuerall are manifest and euident proofes that feare to draw mischiefe and persecution vpon the Church hath not barred the Popes from thundering against Emperours and Kings whensoeuer they conceiued any hope by their fulminations to aduance their greatnesse Last of all I referre the matter to the most possessed with preiudice euen the very aduersaries whether this doctrine by which people are trained vp in subiection vnto Infidel or hereticall Kings vntill the subiects be of sufficient strength to mate their Kings to expell their Kings and to depose them from their Kingdomes doth not incense the Turkish Emperours and other Infidell Princes to roote out all the Christians that drawe in their yoke as people that waite onely for a fit occasion to rebell and to take themselues ingaged for obedience to their Lords onely by constraint and seruile feare Let vs therefore now conclude with Ozius in that famous Epistle speaking to Constantius an Arrian heretike Apud Athanâ—in Eâ—â—st ad solitâ—â— vitam aâ—gentes As hee that by secret practise or open violence would bereaue thee of thy Empire should violate Gods ordinance so bee thou touched with feare least by vsurping authoritie ouer Church matters thou tumble not headlong into some hainous crime Where this holy Bishop hath not vouchsafed to insert and mention the L. Cardinals exception to wit the right of the Church alwaies excepted and saued when she shall be of sufficient strength to shake off the yoke of Emperours Neither speaks the same holy Bishop of priuate persons alone or men of some particular condition and calling but hee setteth downe a generall rule for all degrees neuer to impeach Imperiall Maiestie vpon any pretext whatsoeuer As his Lordships first reason drawne from weakenesse is exceeding weake so is that which the L. Cardinall takes vp in the next place The 2. reas Pag. 77. He telleth vs there is very great difference betweene Pagan Emperours and Christian Princes Pagan Emperours who neuer did homage to Christ who neuer were by their subiects receiued with condition to acknowledge perpetuall subiection vnto the Empire of Christ who neuer were bound by oath and mutuall contract betweene Prince and subiect Christian Princes who slide backe by Apostasie degenerate by Arrianisme or fall away by Mahometisme Touching the latter of these two as his Lordshippe saith If they shall as it were take an oath and make a vowe contrary to their first oath and vow made and taken when they were installed and contrary to the condition vnder which they receiued the Scepter of their Fathers if they withall shall turne persecutors of the Catholike religion touching these I say the L. Cardinal holds that without question they may bee remooued from their Kingdomes He telleth vs not by whom but euery where he meaneth by the Pope Touching Kings deposed by the Pope vnder pretence of stupidity as Childeric or of matrimoniall causes as Philip I. or for collating of benefices as Philip the Faire not one word By that point he easily glideth and shuffles it vp in silence for feare of distasting the Pope on the one side or his auditors on the other Now in alledging this reason his Lordship makes all the world a witnes that in deposing of Kings the Pope hath no eye of regard to the benefit and securitie of the Church For such Princes as neuer suckt other milke then that of Infidelitie and persecution of Religion are no lesse noisome and pernicious vermin to the Church then if they had sucked of the Churches breasts And as for the greatnesse of the sinne or offence it seemes to me there is very little difference in the matter For a Prince that neuer did sweare any religious obedience to Iesus Christ is bound no lesse to such obedience then if he had taken a solemne oath As the sonne that rebelliously stands vp against his father is in equall degree of sinne whether he hath sworne or not sworne obedience to his father because he is bound to such obedience not by any voluntarie contract or couenant but by the law of Nature The commaundement of God to kisse the Sonne whom the Father hath confirmed and ratified King of Kings doeth equally bind all Kings as well Pagans as Christians On the other side who denies who doubts that Constantius Emperour at his first steppe or entrance into the Empire did not sweare and bind himselfe by solemne vowe to keepe the rules and to maintaine the precepts of the Orthodox faith or that he did not receiue his fathers Empire vpon such condition This notwithstanding the Bishop of Rome pulled not Constantius from his Imperiall throne but Constantius remooued the Bishop of Rome from his Papall See And were it so that an oath taken by a King at his consecration and after violated is a sufficient cause for the Pope to depose an Apostate or hereticall Prince then by good consequence the Pope may in like sort depose a King who beeing neither dead in Apostasie nor sicke of Heresie doeth neglect onely the due administration of iustice to his loyall subiects For his oath taken at consecration importeth likewise that he shall minister iustice to his people A point wherein the holy Father is held short by the L. Cardinall who dares prescribe new lawes to the Pope and presumes to limit his fulnesse of power within certaine meeres and head-lands extending the Popes power only to the deposing of Christian Kings when they turne Apostats forsaking the Catholike faith and not such Princes as neuer breathed any thing but pure Paganisme and neuer serued vnder the colours of Iesus Christ Meane while his Lordship forgets that King Attabaliba was deposed by the Pope from his Kingdome of Peru and the said Kingdome was conferred vpon the King of Spaine though the said poore King of Peru neuer forsooke his heathen superstition and though the turning of him out of his terrestriall Kingdome was no way to conuert him vnto the faith of Christ Pag. 77. Yea his Lordship a little after telleth vs himselfe that Be the Turkes possession in the conquests that he maketh ouer Christians neuer so auncient yet by no long tract of time whatsoeuer can he gaine so much as a thumbes breadth of prescription that is to say the Turke for all that is but a disseisor one that violently and wilfully keeps an other man from his owne and by good right may be dispossessed of the same whereas notwithstanding the Turkish Emperours neuer fauoured nor sauoured Christianitie Let vs runne ouer the examples of Kings whom the Pope hath dared and presumed to depose and hardly will any one be found of whom it may be trewly auouched that he hath taken an oath
of our Catholike Religion then if it should bee granted the Church hath decided the said points without any authoritie c. Mee thinkes the L. Cardinal in the whole draught and course of these words doeth seeke not a little to blemish the honour of his Church and to marke his religion with a blacke coale For the whole frame of his Mother-Church is very easie to be shaken if by the establishing of this Article she shall come to finall ruine and shall become the Synagogue of Satan Likewise Kings are brought into a very miserable state and condition if their Souereigntie shall not stand if they shall not bee without danger of deposition but by the totall ruine of the Church and by holding the Pope whom they serue to be Antichrist The L. Cardinall himselfe let him be well sifted herein doeth not credit his owne words For doeth not his Lordship tell vs plaine that neither by Diuine testimony nor by any sentence of the ancient Church the knot of this controuersie hath bene vntied againe that some of the French by the Popes fauourable indulgence are licensed or tolerated to say their mind to deliuer their opinion of this question though contrary to the iudgement of his Holinesse prouided they hold it onely as problematicall and not as necessary What Can there be any assurance for the Pope that hee is not Antichrist for the Church of Rome that she is not a Synagogue of Satan when a mans assurance is grounded vpon wauering and wilde vncertainties without Canon of Scripture without consent or countenance of antiquitie and in a cause which the Pope by good leaue suffereth some to tosse with winds of problematicall opinion It hath beene shewed before that by Gods word whereof small reckoning perhaps is made by venerable antiquitie and by the French Church in those times when the Popes power was mounted aloft the doctrine which teacheth deposing of Kings by the Pope hath bene checked and countermanded What did the French in those dayes beleeue the Church was then swallowed vp and no where visible or extant in the world No verely Those that make the Pope of Soueraigne authoritie for matters of Faith are not perswaded that in this cause they are bound absolutely to beleeue and credit his doctrine Why so Because they take it not for any decree or determination of Faith but for a point perteining to the mysteries of State and a pillar of the Popes Temporall Monarchie who hath not receiued any promise from God that in causes of this nature hee shall not erre For they hold that errour by no meanes can crawle or scramble vp to the Papall See so highly mounted but grant ambition can scale the highest walls and climbe the loftiest pinacles of the same See They hold withall that in case of so speciall aduantage to the Pope whereby he is made King of Kings and as it were the pay-master or distributer of Crownes it is against all reason that hee should sit as Iudge to carue out Kingdomes for his owne share To bee short let his Lordship be assured that he meeteth with notorious blocke-heads more blunt-witted then a whetstone when they are drawen to beleeue by his perswasion that whosoeuer beleeues the Pope hath no right nor power to put Kings beside their Thrones to giue and take away Crownes are all excluded and barred out of the heauenly Kingdome But now followes a worse matter For they whom the Cardinall reproachfully calls heretikes haue wrought and wonne his Lordship as to mee seemeth to plead their cause at the barre and to betray his owne cause to these heretikes For what is it in his Lordship but plaine playing the Praeuaricator when he crieth so lowd that by admitting and establishing of this Article the doctrine of Cake-incarnation and priuie Confession to a Priest is vtterly subuerted Let vs heare his reason and willingly accept the trewth from his lips The Articles as his Lordship granteth of Transubstantiation auricular Confession and the Popes power to depose Kings are all grounded alike vpon the same authoritie Now he hath acknowledged the Article of the Popes power to depose Kings is not decided by the Scripture nor by the ancient Church but within the compasse of certaine aages past by the authoritie of Popes and Councils Then he goes on well and inferres with good reason that in case the point of the Popes power be weakened then the other two points must needs bee shaken and easily ouerthrowen So that hee doeth confesse the monstrous birth of the breaden-God and the blind Sacrament or vaine fantasie of auricular confession are no more conueyed into the Church by pipes from the springs of sacred Scripture or from the riuers of the ancient Church then that other point of the Popes power ouer Kings and their Crownes Very good For were they indeed deriued from either of those two heads that is to say were they grounded vpon the foundation of the first or second authoritie then they could neuer bee shaken by the downefall of the Popes power to depose Kings I am well assured that for vsing so good a reason the world will hold his Lordship in suspicion that he still hath somesmacke of his fathers discipline and instruction who in times past had the honour to be a Minister of the holy Gospel Howbeit he playeth not faire nor vseth sincere dealing in his proceeding against such as he calls heretikes when hee casts in their dish and beares them in hand they frowardly wrangle for the inuisibilitie of the Church in earth For indeed the matter is nothing so They freely acknowledge a visible Church For howsoeuer the assembly of Gods elect doth make a body not discerneable by mans eye yet we assuredly beleeue and gladly professe there neuer wanted a visible Church in the world yet onely visible to such as make a part of the same All that are without see no more but men they doe not see the said men to be the trew Church Wee beleeue moreouer of the vniuersall Church visible that it is composed of many particular Churches whereof some are better fined and more cleane from lees and dregs then other and withall we denie the purest Churches to be alwayes the greatest and most visible THE FOVRTH AND LAST INCONVENIENCE EXAMINED THE Lord Cardinall before he looketh into the last Inconuenience vseth a certaine preamble of his owne life past and seruices done to the Kings Henry the III. and IIII. Touching the latter of which two Kings his Lordship saith in a straine of boasting after this manner I by the grace of God or the grace of God by mee rather reduced him to the Catholike religion I obtained at Rome his absolution of Pope Clement 8. I reconciled him to the holy See Touching the first of these points I say the time the occasions and the foresaid Kings necessary affaires doe sufficiently testifie that he was induced to change his mind and to alter his religion vpon the strength of other
me vp Psal 69.9 But more largely expressed in the 132. Psalme composed at the same time while this worke was a doing The externall was a notable victorie newly obtained by the power of God ouer and against the Philistines olde and pernitious enemies to the people of God expressed in the last part of the 14. chapter preceding By this victorie or cause externall the internal causes and zeale in Dauid is so doubly inflamed that all things set aside in this worke onely he will be occupied These are the two weightie causes mouing him Wherof we may learne first that the chiefe vertue which should be in a christian Prince and which the Spirit of God alwayes chiefly praises in him is a feruencie and constant zeale to promote the glorie of God that hath honoured him Next that where this zeale is vnfained God leaues neuer that person without continuall powring of his blessings on him thereby to stirre vp into him a double measure of zeale and thankfulnesse towards God The Church euer troubled by men hath a ioyfull end Thirdly that the Church of God neuer wanted enemies and notable victories ouer them to assure them at all times of the constant kindnes of God towards them euen when as by the crosse as a bitter medicine he cureth their infirmities saueth them from grosse sinnes and trieth their faith For we find plainely in the Scriptures that no sooner God himselfe choosed Israel to be his people but assoone euer therafter as long as they remained his the diuell so enuied their prosperity as hee hounded out his instruments the nations at all times to trouble and warre against them yet to the comfort of his Church afflicted and wrack of the afflicters in the end This first was practised by Pharao in Egypt and after their deliuerance first by the Ammonites and then by the Philistines continually thereafter vntill the rising of the Monarchies who euery one did exercise themselues in the same labour But to note here the rage of all prophane Princes and nations which exercised their crueltie vpon the Church of God were superfluous and tedious in respect of that which I haue set downe in my former meditation Wherefore I onely goe forward then in this As this was the continuall behauiour of the Nations towards Israel So it was most especially in the time of Dauid and among the rest at this time here cited at what time hauing newly inuaded Israel and beeing driuen backe they would yet assemble againe in great multitudes to warre against the people of God and not content to defend their owne countries as the Israelites did would needes come out of the same to pursue them and so spread themselues in the valley But Dauid by Gods direction brings foorth the people against them who fights and according to Gods promises ouercomes them onely by the hand of God and not by their power as the place it selfe most plainely doeth shew So the Church of God may be troubled but in trouble it cannot perish and the end of their trouble is the very wracke and destruction of Gods enemies THE SECOND PART NOw followes secondly the persons who did concurre with Dauid in this action Three rankes of persons concurre with Dauid in this worke The Spirit noteth three rankes of them In the first are the Elders of Israel In the next are the captaines ouer thousands In the third are the Priests and Leuites of whom summarily I will speake These Elders were substituted vnder Dauid in the kingdome and as his hands in all parts of the countrey ministring iustice and iudgement to the Kings subiects And they were of two sorts maiestrates in walled townes who in the gates of the cities executed iudgement and chiefe in Tribes and fathers of families who in the countrey did iudge and minister iudgement as the Scripture reports They were not vnlike to two of the estates of our kingdome the Baron and the Burgesse The Captaines ouer thousands were godly and valiant men who vnder the King did rule in time of warre had the custodie of the Kings person and fought his battailes These were necessarie officers for Dauid who was appointed by God in his time as wee are taught out of Gods owne words speaking by Nathan to Dauid to fight Gods battailes to subdue the enemies of his Church and to procure by so doing a peaceable kingdome for Solomon his sonne who should in peace as a figure of Christ the Prince of peace build the Lords Temple These are spoken of here to teach vs first that their calling is lawfull next that in their calling they should be earnest to honour God and thirdly that these Captaines chiefly were lawfully called and lawfully walked therein as we haue plaine declaration out of Dauids owne mouth expressed well in the whole 101. Psalme seeing none were admitted in his seruice or houshold but such as vnfainedly feared God And without all question godly and zealous Dauid would neuer haue committed the guard of his person nor the fighting of Gods battailes to the enemies of God or men of warre of whose godlinesse and vertue he neuer had proofe See then their names and praise 1. Chron. 11.26 The third ranke of Priests and Leuites are set downe in the same chapter vers 4 5 6 7 8 9 10 11. So men of all estates were present in this godly worke This is to be marked well of Princes and of all those of any high calling or degree that hath to doe in Gods cause Dauid doth nothing in matters appertaining to God without the presence and speciall concurrence of Gods Ministers appointed to be spirituall rulers in his Church and at the first meant to conuey the same Arke to Ierusalem finding their absence and want of their counsell hurtfull now in this chapter vers 12 13. he saith to them Ye are the chiefe Fathers of the Leuites sanctifie your selues and your brethren and bring vp the Arke of the Lord God of Israel vnto the place that I haue prepared for it For because ye were not there at the first the Lord our God made a breach among vs for we sought him not in due order And thus farre for the second part concerning persons Wherein we may learne first that a godly king findes as his heart wisheth godly estates concurring with him Next a godly king of his godly foresight in choosing good vnder-rulers reapeth this profit and pleasure that as hee goeth before so they with zealous hearts doe follow THE THIRD PART THe summe of this ioyfull conuoy may be digested in three actions The Arke is transported with ioy to Ierusalem which are these The transporting of the Arke the harmony of musicall instruments and Dauids dancing and reioycing before it He built a Tabernacle for the Arke in mount Sion transported it therunto to signify his thankfulnes for the many victories God had put in his hands and this transporting was the occasion of all this solemnitie and reioycing
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
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
small sparke should flie out and light among lesse then two pound weight of Powder which was drying a little from the chimney which being thereby blowen vp so maymed the faces of some of the principall Rebels and the hands and sides of others of them blowing vp with it also a great bag full of Powder which notwithstanding neuer tooke fire as they were not only disabled and discouraged hereby from any further resistance in respect Catesby himselfe Rookwood Grant and diuers others of greatest account among them Catesby who was the first inuentor of this Treason in generall and of the maner of working the same by powder in speciall himselfe now first maimed with the blowing vp of powder and next he and Percy both killed with one shot proceeding from powder were thereby made vnable for defence but also wonderfully stroken with amazement in their guiltie consciences calling to memory how God had iustly punished them with that same Instrument which they should haue vsed for the effectuating of so great a sinne according to the olde Latine saying In quo peccamus in eodem plectimur as they presently see the wonderfull power of Gods Iustice vpon guiltie consciences did all fall downe vpon their knees praying GOD to pardon them for their bloody enterprise And thereafter giuing ouer any further debate opened the gate suffered the Sheriffes people to rush in furiously among them and desperately sought their owne present destruction The three specials of them ioyning backes together Catesby Percy and Winter whereof two with one shot Catesby and Percy were slaine and the third VVinter taken and saued aliue And thus these resolute and high aspiring Catholikes who dreamed of no lesse then the destruction of Kings and kingdomes and promised to themselues no lower estate then the gouernment of great and ancient Monarchies were miserably defeated and quite ouerthrowen in an instant falling in the pit which they had prepared for others and so fulfilling that sentence which his Maiestie did in a maner prophecie of them in his Oration to the Parliament some presently slaine others deadly wounded stripped of their clothes left lying miserably naked and so dying rather of cold then of the danger of their wounds and the rest that either were whole or but lightly hurt taken and led prisoners by the Sheriffe the ordinary minister of Iustice to the Gaole the ordinarie place euen of the basest malefactors where they remained till their sending vp to London being met with a huge confluence of people of all sorts desirous to see them as the rarest sort of Monsters fooles to laugh at them women and children to wonder all the common people to gaze the wiser sort to satisfie their curiosity in seeing the outward cases of so vnheard of a villeny generally all sorts of people to satiate and fill their eyes with the sight of them whom in their hearts they so farre admired and detested seruing so for a fearfull and publike spectacle of Gods fierce wrath and iust indignation What hereafter will be done with them is to be left to the Iustice of his Maiestie and the State Which as no good Subiect needes to doubt will be performed in the owne due time by a publike and an exemplarie punishment So haue we all that are faithfull and humble Subiects great cause to pray earnestly to the Almighty that it will please him who hath the hearts of all Princes in his hands to put it in his Maiesties heart to make such a conclusion of this Tragedie to the Traitors but Tragicomedie to the King and all his trew Subiects as thereby the glory of God and his trew Religion may be aduanced the future securitie of the King and his estate procured and prouided for all hollow and vnhonest hearts discouered preuented this horrible attempt lacking due epitheres to be so iustly auenged That where they thought by one Catholike indeed vniuersall blow to accomplish the wish of that Romane tyrant who wished all the bodies in Rome to haue but one necke and so by the violent force of Powder to breake vp as with a Pettard our triple locked peacefull gates of Ianus which God be thanked they could not compasse by any other meanes they may iustly be so recompensed for their trewly viperous intended parricide As Aeneas Sylâ—â—â—â— doth notably write concerning the murther of K. Iames the first of Scotland and the following punishment of the traitours whereof himselfe was an eye witnesse Hist de Europa cap. 46. as the shame and infamie that otherwise would light vpon this whole Nation for hauing vnfortunately hatched such cockatrice egges may be repaired by the execution of famous and honourable Iustice vpon the offendors and so the kingdome purged of them may hereafter perpetually flourish in peace and prosperitie by the happy coniunction of the hearts of all honest and trew Subiects with their iust and religious Soueraigne And thus whereas they thought to haue effaced our memories the memory of them shall remaine but to their perpetuall infamie and wee as I said in the beginning shall with all thankefulnesse eternally preserue the memory of so great a benefite To which let euery good Subiect say AMEN Triplici nodo triplex cuneus OR AN APOLOGIE FOR THE OATH OF ALLEGIANCE AGAINST THE TWO BREVES OF POPE PAVLVS QVINTVS AND THE late Letter of Cardinall BELLARMINE to G. BLACKVVEL the Arch-priest VVHat a monstrous rare nay neuer heard-of Treacherous attempt was plotted within these few yeeres here in England for the destruction of Mee my Bed-fellow and our posteritie the whole house of Parliament and a great number of good Subiects of all sorts and degrees is so famous already through the whole world by the infamie thereof as it is needlesse to bee repeated or published any more the horrour of the sinne it selfe doeth so lowdly proclaime it For if those * Gen. 4.10 crying sinnes whereof mention is made in the Scripture haue that epithet giuen them for their publique infamie and for procuring as it were with a lowd cry from heauen a iust vengeance and recompense and yet those sinnes are both old and too common neither the world nor any one Countrey being euer at any time cleane voyd of them If those sinnes I say are said in the Scripture to cry so lowd What then must this sinne doe plotted without cause infinite in crueltie and singular from all examples What proceeded hereupon is likewise notorious to the whole world our Iustice onely taking hold vpon the offenders and that in as honourable and publique a forme of Triall as euer was vsed in this Kingdome 2. For although the onely reason they gaue for plotting so heinous an attempt was the zeale they caried to the Romish Religion yet were neuer any other of that profession the worse vsed for that cause as by our gracious Proclamation immediatly after the discouery of the said fact doeth plainly appeare onely at the next sitting downe againe of the
away of the Primacie of the Apostolique Sea then are they busie about cutting off the very head of the faith and dissoluing of the state of the whole body and of all the members Which selfe same thing S. Leâ—â— â—â—th confirme in his third Sermon of his Assumption to the Popedom when he saith Our Lord had a special care of Peter praied properly for Peters faith as though the state of others were more stable when their Princes mind was not to be ouercome Whereupon himselfe in his Epistle to the bishops of the prouince of Vienna doth not doubt to affirme that he is not partaker of the diuine Mysterie that dare depart from the solidity of Peter who also saith That who thinketh the Primacy to be denied to that Sea he can in no sort lessen the authority of it but by being puft vp with the spirit of his owne pride doth cast himselfe headlong into hel These and many other of this kind I am very sure are most familiar to you who besides many other books haue diligently read ouer the visible Monarchy of your owne Sanders a most diligent writer and one who hath worthily deserued of the Church of England Neither can you be ignorant that these most holy and learned men Iohn bishop of Rochester and Tho. Moore within our memory for this one most weighty head of doctrine led the way to Martyrdome to many others to the exceeding glory of the English nation But I would put you in remembrance that you should take heart and considering the weightines of the cause not to trust too much to your owne iudgement neither be wise aboue that is meet to be wise and if peraduenture your fall haue proceeded not vpon want of consideration but through humane infirmity for feare of punishment and imprisonment yet do not preferre a temporall liberty to the liberty of the glory of the Sonnes of God neither for escaping a light momentanie tribulation lose an eternal weight of glory which tribulation it selfe doeth worke in you You haue fought a good fight a long time you haue wel-neere finished your course so many yeeres haue you kept the faith do not therefore lose the reward of such labors do not depriue your selfe of that crowne of righteousnes which so long agone is prepared for you Do not make the faces of so many yours both brethren and children ashamed Vpon you at this time are fixed the eyes of all the Church yea also you are made a spectacle to the world to Angels to men Do not so carry your selfe in this your last act that you leaue nothing but laments to your friends and ioy to your enemies But rather on the contrary which we assuredly hope and for which we continually powre forth prayers to God display gloriously the banner of faith and make to reioyce the Church which you haue made heauy so shall you not onely merite pardon at Gods hands but a Crowne Farewell Quite you like a man and let your heart be strengthened From Rome the 28. day of September 1607. Your very Reuerendships brother and seruant in Christ Robert Bellarmine Cardinall THE ANSWERE TO THE CARDINALS LETTER ANd now that I am to enter into the field against him by refuting his Letter I must first vse this protestation That no desire of vaine-glory by matching with so learned a man maketh me to vndertake this taske but onely the care and conscience I haue that such smooth Circes charmes and guilded pilles as full of exterior eloquence as of inward vntrewths may not haue that publike passage through the world without an answere whereby my reputation might vniustly be darkened by such cloudie and foggie mists of vntrewths and false imputations the hearts of vnstayed and simple men be misse-led and the trewth it selfe smothered But before I come to the particular answere of this Letter A great mistaking of the state of the Question and case in hand I must here desire the world to wonder with me at the committing of so grosse an errour by so learned a man as that he should haue pained himselfe to haue set downe so elaborate a Letter for the refutation of a quite mistaken question For it appeareth that our English Fugitiues of whose inward societie with him he so greatly vaunteth haue so fast hammered in his head the Oath of Supremacie which hath euer bene so great a scarre vnto them as he thinking by his Letter to haue refuted the last Oath hath in place thereof onely paied the Oath of Supremacie which was most in his head as a man that being earnestly caried in his thoughts vpon another matter then he is presently in doing will often name the matter or person he is thinking of in place of the other thing he hath at that time in hand For as the Oath of Supremacie was deuised for putting a difference betweene Papists and them of our profession so was this Oath The difference betweene the Oath of Supremacie and this of Allegiance which hee would seeme to impugne ordained for making a difference betweene the ciuilly obedient Papists and the peruerse disciples of the Powder-Treason Yet doeth all his Letter runne vpon an Inuectiue against the compulsion of Catholiques to deny the authoritie of S. Peters successors and in place thereof to acknowledge the Successors of King Henry the eight For in K. Henry the eights time was the Oath of Supremacie first made By him were Thomas Moore and Roffensis put to death partly for refusing of it From his time till now haue all the Princes of this land professing this Religion successiuely in effect maintained the same and in that Oath onely is contained the Kings absolute power to be Iudge ouer all persons aswell Ciuill as Ecclesiastical excluding al forraigne powers and Potentates to be Iudges within his dominions whereas this last made Oath containeth no such matter onely medling with the ciuill obedience of Subiects to their Soueraigne in meere temporall causes And that it may the better appeare that whereas by name hee seemeth to condemne the last Oath yet indeed his whole Letter runneth vpon nothing but vpon the condemnation of the Oath of Supremacie I haue here thought good to set downe the said Oath leauing it then to the discretion of euery indifferent reader to iudge whether he doth not in substance onely answere to the Oath of Supremacie but that hee giues the child a wrong name I A B. doe vtterly testifie and declare in my conscience that the Kings Highnesse is the onely Supreame Gouernour of this Realme and all other his Highnesse Dominions and Countries aswell in all Spirituall or Ecclesiasticall things or causes as Temporall And that no forraine Prince Person Prelate State or Potentate hath or ought to haue any Iurisdiction Power Superioritie Preeminence or Authoritie Ecclesiasticall or Spirituall within this Realme And therefore I doe vtterly renounce and forsake all forraine Iurisdictions Powers Superiorities and Authorities and doe promise that from
peccauerit modò semper rationes suorum dictorum modestè reddere paratus sit That is to say Euery man is a lyer yea more vaine then vanity it selfe God onely is trew c. Which seeing wee ought euer humbly to acknowledge in all great and weighty causes most of all ought we to confesse it in the most holy cause of our Faith insomuch as we should not therefore easily condemne euery thing which at the first seemes strange yea false and absurd vnto our eares nor on the contrary side ought wee foorth-with to approoue and that with an opinion of precise necessitie whatsoeuer is commonly receyued especially in matters abstruse and intricate whereof the knowledge is not necessarie to saluation In such poynts as these if any man shall say that such a King or Prince howsoeuer otherwise most godly and religious yea that many such Kings and Princes nay I will not except Bishops or the like Doctors of the Church haue in some sort erred I am of opinion hee shall not giue any iust cause of offence either to the Maiestie of Kings or to the dignitie of Princes and Bishops so as hee bee alwaies ready modestly to yeeld a reason for that which hee shall affirme In which words hee maintaineth two Principles First that euery man is a lyar aswell in matter of Faith as in any thing else and next that wee must not euer esteeme the vulgar opinion and that which is generally receiued in matter of Faith to be the trewest nor alwayes condemne euery opinion for absurd which at the first seemes vnto vs vncouth and new Now we pray you obserue that this man is not accused of small scapes and therefore beeing not charged with lesser peccadillos then those which before wee haue mentioned it necessarily followes that in his excuse hee must vnderstand the same points whereof he is accused And wee hope by the mercy of GOD that no Christian wee speake in this particular as well for the Papists as for our selues shall euer be found to erre in any of those maine points at the least wee will answere by the grace of God for one of those Kings whom he names in general And as for his new opinions which he would so gladly vent abroad the ancient Faith needes not be changed like an old garment either in substance or fashion Furthermore in the third page of his Preface hee vseth these words Sed neque plures vno aliquo semper hîc ditiores sunt Nemo igitur vnus sibi arroget omnia Nec numero plures vni alicui singulare quidquam inuideant Neither are many men alwayes richer in knowledge then some one man Let not therefore any one man arrogate all things to himselfe Nor let the greater multitude enuie a particular man for hauing some singularitie more then his fellowes The trew principle and foundation of the error of the Anabaptists taking away by this meanes all maner of gouernment from the Church For hauing first ouerthrowen the Monarchicall power of the Pope he sweepes away next all manner of power both Aristocraticall and Democraticall from the Church cleane contrary to the Apostles institution which ordeineth that the spirits of the Prophets should bee subiect to the Prophets For if one particular man may take vpon him such a singularitie as this how shall he bee subiect to Generall Nationall and Synodicall Councels For straight will he say vnto them Sirs yee haue no authoritie to iudge mee for I haue a singular gift aboue you all And in the fift Page these are his words Plamssimè enim persuasus sum Serenissimo Regi nunquam in animo fuisse nunquam in animo fore alienae conscientiae quod ne Apostoli quidem sibi vnquam arrogârunt fiue directè fiue indirectè siue per seipsum siue per alios vllatenùs dominari vel fidem nostram vlli humanae authoritati alligare velle For I am absolutely perswaded that it was neuer his Maiesties meaning nor euer will bee either directly or indirectly by himselfe or by others in any sort to ouer-rule another mans conscience which euen the Apostles neuer challenged to themselues nor did or will his Maiestie euer seeke to tie our Faith to any humane authoritie Whereby hee is plainely discouered to bee resolued not to bee subiect in any sort to the iudgement of the Church in those matters whereof hee is accused For hee knowes too well that the ancient Church hath established vpon necessary consequences drawen from the holy Scripture both a forme of beliefe and a forme of speach concerning the holy Mysteries aforesaid And this is the reason why hee will not in these points submit himselfe to the iudgement of any mortall man But vpon this occasion in the seuenth page of his Preface maintaines his Christian libertie in this maner Qui quidem humanas decisiones à Diuinis mysterijs scrupulosé segregem praesertim in audaces Scholarum hypotheses pro Christiana libertate interdum diligentiùs inquiram I who curiously make a separation betwixt the iudgements of men and the Diuine mysteries and especially according to Christian libertie doe sometimes more narrowly looke into the bold supositions of the Schoolemen As if the Schoole Diuines had bene too ventrous to explaine and to defend the Articles aforesaid already so established by the Church But we may trewly wish in that point as Bellarmine did touching Caluin Vtinam semper sic errassent Scholastici Would God the Scholemen had alwayes so erred For in the maine grounds of Christian Religion they are worthy of all commendation Reade Aquinas against the Gentiles But in matters of controuersie where they were to flatter the Pope in his resolutions and to auow the new ordinances and traditions of their Church there they yeelded alas vnto the iniquitie of the time and the mysterie of iniquitie which was euen then in working got likewise the vpper hand ouer them And as for this Christian libertie which he doeth vrge so much certainely he doeth it with no other intention but onely vnder this faire pretext to haue the better meanes and with more safetie to abuse the world For Christian libertie is neuer meant in the holy Scripture but onely in matters indifferent or when it is taken for our deliuerance from the thraldome of the Law or from the burden of humane traditions and in that sense S. Paul speaketh in his Epistle to the Colossians Quare oneraminiritibus Why are ye burdened with traditions But to abuse Christian libertie in presuming to propound a new doctrine vnto the world in point of the highest and holiest mysteries of GOD is a most audacious rashnesse and an impudent arrogancie Concerning which S. Paul saith Though an Angel from heauen preach vnto you otherwise then that which we haue preached vnto you let him bee accursed And Saint Iohn likewise commandeth vs that wee should not so much as say God speed to that man which shall bring vs any other doctrine as wee haue obserued before
blanching it onely with some poore excuses And to the other two points his answers are doubtfull yet neither condemning the act of his schollers nor the last wicked booke called Dominicus Lopez Hauing now therefore briefly laied open the subtilties friuolous distinctions and excuses of the said Vorstius we will conclude this point with this protestation That if he had bene our owne Subiect we would haue bid him Excrea spit out and forced him to haue produced and confessed those wicked Heresies that are rooted in his heart And in case he should stand vpon his Negatiue we would enioyne him to say according to the ancient custome of the Primitiue Church in the like cases of Heretiques I renounce and from my soule detest them Anathema Maranatha vpon such and such Heresies And not to say For peace sake I caused this booke to be suppressed And these bookes are to bee read with great iudgement and discretion S. Hierome liketh not that any man should take it patiently to be suspected of Heresie And now to make an end of this Discourse we doe very heartily desire all good Christians in generall and My Lords the States in particular to whom the managing of this affaire doeth most specially belong to consider but two things First what kinde of people they be that slander vs and our sincere intention in this cause And next what priuate interest wee can possibly haue in respect of any worldly honour or aduancement herein to engage our selues in such sort as we haue done Concerning the first point There are but three sorts of people that seeke to calumniate vs vpon this occasion That is to say either such as are infected with the same or the like Heresies wherewith Vorstius is tainted ideo fouent consimilem causam and therefore doe maintaine the like cause or else such as be of the Romane Religion who in this confusion and libertie of prophesying would thrust in for a part conceiuing it more reasonable that their doctrine should be tolerated by those of our Religion then the doctrine of Vorstius or else such as for reason of State enuie peraduenture the good amitie and correspondencie which is betwixt vs and the Vnited Prouinces Touching our owne interest the whole course of our life doeth sufficiently witnesse that we haue alwayes bene contented with that portion which GOD hath put into our hands without seeking to inuade the possessions of any other Besides in two of our bookes as well in our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in the Preface to our Apologie we haue shewed the same inclination For in the first booke speaking of warre we say that a King ought not to make any inuasion vpon anothers Dominions vntill Iustice be first denied him And in the other booke hauing shewed the vsurpation of the Pope aboue all the Kings and Princes of Christendome our conclusion is that we will neuer goe about to perswade them to assault him within his Dominions but onely to resume and preserue their owne iust Priuiledges from his violent intrusion So as thankes be to GOD both our Theorique and Practique agree well together to cleare vs from this vniust and slanderous imputation And as for the States in particular it is very vnlikely that we who haue all our life time held so strict an amitie with them as for their defence wee haue bene contented to expose the liues of many of our Subiects of both Nations would now practise against then State and that vpon so poore a subiect as Vorstius especially that so damnable a thing could euer enter into our heart as vnder the vaile and pretext of the glory of GOD to plot the aduancement of our owne priuate deseignes The reasons which induced vs to meddle in this businesse we haue already declared We leaue it now to his owne proper Iudges to consider what a nursling they foster in their bosome A stranger bred in the Socinian Heresie as it is said often times accused of Heresie by the Churches of Germanie one that hath written so wicked and scandalous bookes maintaining and seriously protesting in the preface of his Apologie to the States for the libertie of prophecying and twice or thrice insisting vpon that libertie in the Preface of his Modest Answere a dangerous and pernitious libertie or rather licentiousnesse opening a gap to all rupture Schisme and confusion in the Church yea hauing had some disciples that be Heretiques themselues and others that accuse him of Heresie And though there were no other cause then the silly and idle shifts wherewith hee seekes to defend himselfe in his last bookes it were enough to conuince him either to haue maintained a bad cause and in that respect worthy of a farre greater punishment then to be put by his place of Professour or at the least to be a person vnworthy of the name of a Professour in so famous an Vniuersitie for hauing so weakely maintained a cause that is iust For our part GOD is our witnesse we haue no quarrell against his person he is a Stranger borne farre from our dominions he is a Germane and it is well knowen that all Germanie are our friends and the most part of the great Princes there be either neerely allied vnto vs or our Confederates he doth outwardly professe the same Religion which we do he hath written against Bellarmine and hath not mentioned vs either in speach or writing for any thing we know but with all the honour and respect that may be GOD knowes the worst that we do wish him is that he may sincerely returne into the high beaten path-way of the Catholique and Orthodoxall Faith And for my Lords the States seeing wee haue discharged our conscience we will now referre the managing of the whole Action vnto their owne discretions For wee are so farre from prescribing them any rule herein as we shall be very well contented so as the businesse be well done that there be euen no mention at all made of our intercession in their publique Acts or Records Their maner of proceeding we leaue absolutely to their owne Wisedomes Modò praedicetur Christus so as CHRIST bee preached let them vse their owne formes in the Name of GOD. For we desire that GOD should so iudge vs at the last Day as we affect not in this Action any worldly glory beseeching the Creatour so to open their eyes to illuminate their vnderstandings direct their resolutions and aboue all to kindle their zeale sanctifie their affections at the last so to blesse their Actions and their proceedings in this cause as the issue thereof may tend to his Glory to the comfort and solace of the Faithfull to the honour of our Religion to the confusion and extirpation at the least profligation of Heresies and in particular to the corroboration of the Vnion of the sayd Prouinces A REMONSTRANCE FOR THE RIGHT OF KINGS AND THE INDEPENDANCE OF THEIR CROVVNES AGAINST AN ORATION OF THE MOST ILLVSTRIOVS CARD OF PERRON PRONOVNCED IN
Religion as beeing instructed by their schoolemasters in Religion And who were they but Ecclesiasticall persons All this presupposed as matter of trewth I draw this conclusion Howsoeuer no small number of the French Clergie may perhaps beare the affection of louing Subiects to their King and may not suffer the Clericall character to deface the impression of naturall allegiance yet for so much as the Order of Clerics is dipped in a deeper die and beareth a worse tincture of daungerous practises then the other Orders the third Estate had beene greatly wanting to their excellent prouidence and wisedome if they should haue relinquished and transferred the care of designements and proiects for the life of their King and the safety of his Crowne to the Clergiealone Moreouer the Clergie standeth bound to referre the iudgement of all matters in controuersie to the sentence of the Pope in this cause beeing a partie and one that pretendeth Crownes to depend vpon his Mitre What hope then might the third Estate conceiue that his Holinesse would passe against his owne cause when his iudgement of the controuersie had beene sundrie times before published and testified to the world And whereas the plot or modell of remedies proiected by the third Estate and the Kings Officers hath not prooued sortable in the euent was it because the said remedies were not good and lawfull No verily but because the Clergie refused to become contributors of their duty and meanes to the grand seruice Likewise for that after the burning of bookes addressed to iustifie rebellious people traytors and parricides of Kings neuerthelesse the authors of the said bookes are winked at and backt with fauour Lastly for that some wretched parricides drinke off the cuppe of publike iustice whereas to the firebrands of sedition the sowers of this abominable doctrine no man saith so much as blacke is their eye It sufficiently appeareth as I supose by the former passage that his Lordship exhorting the third Estate to referre the whole care of this Regall cause vnto the Clergie hath tacked his frame of weake ioynts and tenons to a very worthy but wrong foundation Page 9. Howbeit he laboureth to fortifie his exhortation with a more weake and feeble reason For to make good his proiect he affirmes that matters and maximes out of all doubt and question may not be shuffled together with points in controuersie Now his rules indubitable are two The first It is not lawfull to murther Kings for any cause whatsoeuer This he confirmeth by the example of Saul as he saith deposed from his Throne whose life or limbs Dauid neuerthelesse durst not once hurt or wrong for his life Conc. Constan Sess 15. Likewise he confirmes the same by a Decree of the Councill held at Constance His other point indubitable The Kings of France are Soueraignes in all Temporall Soueraigntie within the French Kingdome and hold not by fealtie either of the Pope as hauing receiued or obliged their Crownes vpon such tenure and condition or of any other Prince in the whole world Which point neuerthelesse he takes not for certaine and indubitable but onely according to humane and historicall certaintie Now a third point he makes to be so full of controuersie and so farre within the circle of disputable questions as it may not be drawne into the ranke of classicall and authenticall points for feare of making a certaine point doubtfull by shuffling and iumbling therewith some point in controuersie Now the question so disputable as he pretendeth is this A Christian Prince breakes his oath solemnely taken to God both to liue and to die in the Catholique Religion Say this Prince turnes Arrian or Mahometan fals to proclaime open warre and to wage battell with Iesus Christ Whether may such a Prince be declared to haue lost his Kingdome and who shall declare the Subiects of such a Prince to be quit of their oath of allegiance The L. Cardinall holds the affirmatiue and makes no bones to maintaine that all other parts of the Catholique Church yea the French Church euen from the first birth of her Theologicall Schooles to Caluins time and teaching haue professed that such a Prince may bee lawfully remooued from his Throne by the Pope and by the Councill and suppose the contrarie doctrine were the very Quintessence or spirit of trewth yet might it not in case of faith be vrged and pressed otherwise then by way of problematicall disceptation That is the summe of his Lordships ample discourse The refuting whereof I am constrained to put off and referre vnto an other place because he hath serued vs with the same dishes ouer and ouer againe There we shall see the L. Cardinall maketh way to the dispatching of Kings after deposition that Saul was not deposed as he hath presumed that in the Councill of Constance there is nothing to the purpose of murthering Soueraigne Princes that his Lordship supposing the French King may be depriued of his Crowne by a superiour power doth not hold his liege Lord to be Soueraine in France that by the position of the French Church from aage to aage the Kings of France are not subiect vnto any censure of deposition by the Pope that his Holinesse hath no iust and lawfull pretence to produce that any Christian King holds of him by fealtie or is obliged to doe the Pope homage for his Crowne Well then for the purpose he dwelleth onely vpon the third point pretended questionable and this hee affirmeth If any shall condemne or wrappe vnder the solemne curse the abettours of the Popes power to vnking lawfull and Soueraigne Kings the same shall runne vpon foure dangerous rocks of apparent incongruities and absurdities First he shall offer to force and entangle the consciences of many deuout persons For he shall binde them to beleeue and sweare that doctrine Pag. 14. the contrary whereof is beleeued of the whole Church and hath bene beleeued by their Predecessors Secondly he shall ouerturne from top to bottome the sacred authoritie of holy Church and shall set open a gate vnto all sorts of heresie by allowing Lay-persons a bold libertie to be iudges in causes of Religion and Faith For what is that degree of boldnesse but open vsurping of the Priesthood what is it but putting of prophane hands vpon the Arke what is it but laying of vnholy fingers vpon the holy Censor for perfumes Thirdly hee shall make way to a Schisme not possible to bee put by and auoyded by any humane prouidence For this doctrine beeing held and professed by all other Catholiques how can we declare it repugnant vnto Gods word how can wee hold it impious how can wee account it detestable but wee shall renounce communion with the Head and other members of the Church yea we shall confesse the Church in all aages to haue bene the Synagogue of Satan and the spouse of the Deuill Lastly by working the establishment of this Article which worketh an establishment of Kings Crownes He shall
in hand that a petition put vp and preferred by the third Estate can carry the force of a Law or Statute so long as the other two Orders withstand the same and so long as the King himselfe holds backe his Royall consent Besides the said Article was not propounded as a point of Religious doctrine but for euer after to remaine and continue a fundamentall Law of the Common-wealth and State it selfe the due care whereof was put into their handes and committed to their trust If the King had ratified the said Article with Royall consent and had commanded the Clergie to put in execution the contents thereof it had bene their duetie to see the Kings will and pleasure fulfilled as they are subiects bound to giue him aide in all things which may any way serue to procure the safetie of his life and the tranquilitie of his Kingdome Which if the Clergie had performed to the vttermost of their power they had not shewed obedience as vnderlings vnto the third Estate but vnto the King alone by whom such command had bene imposed vpon suggestion of his faithfull subiects made the more watchfull by the negligence of the Clergie whom they perceiue to be lincked with stricter bandes vnto the Pope then they are vnto their King Here then the Cardinall fights with meere shadowes and mooues a doubt whereof his aduersaries haue not so much as once thought in a dreame But yet according to his great dexteritie and nimblenesse of spirit by this deuice he cunningly takes vpon him to giue the King a lesson with more libertie making semblance to direct his masked Oration to the Deputies of the people when hee shooteth in effect and pricketh at his King the Princes also and Lords of his Counsell whom the Cardinall compriseth vnder the name of Laics whose iudgment it is not vnlikely was apprehended much better by the Clergie then the iudgement of the third Estate Now these are the men whom he tearmes intruders into other mens charges and such as open a gate for I wot not how many legions of heresies to rush into the Church For if it be proper to the Clergie and their Head to iudge in this cause of the Right of Kings then the King himselfe his Princes and Nobilitie are debarred and wiped of all iudgement in the same cause no lesse then the representatiue body of the people Well then Pag. 61. the L. Cardinall showres downe like haile sundry places and testimonies of Scripture where the people are commanded to haue their Pastors in singular loue and to beare them all respects of due obseruance Be it so yet are the said passages of Scripture no barre to the people for their vigilant circumspection to preserue the life and Crowne of their Prince against all the wicked enterprises of men stirred vp by the Clergie who haue their Head out of the Kingdome and hold themselues to be none of the Kings subiects a thing neuer spoken by the sacrificing Priests and Prelates mentioned in the passages alleadged by the Lord Cardinal He likewise produceth two Christian Emperours Pag 62. Constantine and Valentinian by name the first refusing to meddle with iudgement in Episcopall causes the other forbearing to iudge of subtile Questions in Diuinity with protestation that Hee would neuer bee so curious to diue into the streames or sound the bottome of so deepe matters But who doth not know that working and prouiding for the Kings indemnitie and safetie is neither Episcopall cause nor matter of curious and subtile inquisition The same answere meets with all the rest of the places produced by the L. Orat. ad ciues timme perculsos Cardinal out of the Fathers And that one for example out of Gregory Nazianzenus is not cited by the Cardinall with faire dealing For Gregory doeth not boord the Emperour himselfe but his Deputy or L. President on this maner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For we also are in authoritie and place of a Ruler we haue command aswell as your selfe wheras the the L. Cardinal with foule play turnes the place in these termes We also are Emperours Which words can beare no such interpretation as well because he to whom the Bishop then spake was not of Imperiall dignitie as also because if the Bishop himselfe a Bishop of so small a citie as Nazianzum had qualified himselfe Emperour hee should haue passed all the bounds of modestie and had shewed himselfe arrogant aboue measure For as touching subiection due to Christian Emperours hee freely acknowledgeth a little before 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that himselfe and his people are subiect vnto the superiour powers yea bound to pay them tribute The historie of the same Gregories life doeth testifie that he was drawen by the Arrians before the Consuls iudgement seate and from thence returned acquitted without either stripes or any other kinde of contumelious entreatie and vse yet now at last vp starts a Prelate who dares make this good Father vaunt himselfe to be an Emperour It is willingly granted that Emperours neuer challenged neuer arrogated to bee Soueraigne Iudges in controuersies of doctrine and faith neuerthelesse it is clearer then the Sunnes light at high noone that for moderation at Synods for determinations and orders established in Councils and for the discipline of the Church they haue made a good and a full vse of their Imperiall authoritie Vide Canones Graecos à Tilio editos The first Council held at Constantinople beares this title or inscription The dedication of the holy Synode to the most religious Emperour Theodosius the Great to whose will and pleasure they haue submitted these Canons by them addressed and established in Councill And there they also beseech the Emperour to confirme and approue the said Canons The like hath bene done by the Council of Trullo by whom the Canons of the fift and sixt Councils were put foorth and published This was not done because Emperours tooke vpon them to bee infallible Iudges of doctrine but onely that Emperours might see and iudge whether Bishops who feele the pricke of ambition as other men doe did propound nothing in their Conuocations and Consultations but most of all in their Determinations to vndermine the Emperours authoritie to disturbe the tranquilitie of the Common-wealth and to crosse the determinations of precedent Councils Now to take the cognizance of such matters out of the Kings hand or power what is it but euen to transforme the King into a standing Image to wring and wrest him out of all care of himselfe and his Kingly Charge yea to bring him downe to this basest condition to become onely an executioner and which I scorne to speake the vnhappy hangman of the Clergies will without any further cognizance not so much as of matters which most neerely touch himselfe and his Royall estate I grant it is for Diuinitie Scholes to iudge how farre the power of the Keyes doth stretch I grant againe that Clerics both may and ought also
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
what purpose Onely to die vpon the points of the Saracens pikes or by the edge of their barbarous courtelasses battle-axes fauchions and other weapons without any benefit and aduantage to themselues or others Then the Nobles were driuen to sell their goodly Mannors and auncient demaines to the Church-men at vnder prises and low rates the very roote from which a great part of the Church and Church-mens reuenewes hath sprung and growne to so great height Then to be short See the Bull of Innoc. 3. at the end of the Lat. ter Conc. his most bountifull Holinesse gaue to any of the riffe-raffe-ranke that would vndertake this expedition into the Holy land a free and full pardon for all his sinnes besides a degree of glory aboue the vulgar in the Celestiall Paradise Military vertue I confesse is commendable and honourable prouided it bee employed for iustice and that generous noblenesse of valiant spirits bee not vnder a colour and shadow of piety fetcht ouer with some casts or deuises of Italian cunning Now let vs obserue the wisedome of the Lord Cardinall through this whole discourse His Lordship is pleased in his Oration to cite certaine few passages of Scripture culls and picks them out for the most gracefull in shewe leaues out of his list whole troupes of honourable witnesses vpon whose testimonie the Popes themselues and their principall adherents doe build his power to depose Kings and to giue order for all Temporall causes Take a sight of their best and most honourable witnesses Peter said to Christ See here two swords and Christ answered It is sufficient Christ said to Peter Put vp thy sword in to thy sheath God said to Ieremie Ier. 1. I haue established thee ouer Nations and Kingdomes 1. Cor. 2. Paul said to the Corinthians The spirituall man discerneth all things Christ said to his Apostles Whatsoeuer yee shall loose vpon earth by which words the Pope hath power forsooth to loose the oath of allegiance Moses said In the beginning God created the heauen and the earth Vpon these passages Pope Boniface 8. Extrauag Vnam Sanctam grapling and tugging with Philip the Faire doth build his Temporall power Other Popes and Papists auouch the like authorities Christ said of himselfe All things are giuen to me of my Father and all power is giuen vnto me in heauen and in earth The Deuils said If thou cast vs out send vs into this herd of swine Christ said to his Disciples Yee shall finde the colt of an asse bound loose it and bring it vnto me By these places the aduersaries prooue that Christ disposed of Temporall matters and inferre thereupon why not Christs Vicar as well as Christ himselfe The places and testimonies now following are very expresse Psal 45. In stead of thy fathers shall be thy children thou shalt make them Princes through all the earth Item Iesus Christ not onely commaunded Peter to feed his lambs but said also to Peter Arise kill and eat the pleasant glosse the rare inuention of the L. Ioh. 12. Cardinall Baronius Christ said to the people If I were lift vp from the earth I will draw all things vnto me who lets what hinders this place from fitting the Pope Paul said to the Corinthians Know ye not that we shall iudge the Angels how much more then the things that pertaine vnto this life A little after Haue not we power to eate These are the chiefe passages on which as vpon maine arches the roofe of Papall Monarchie concerning Temporall causes hath rested for three or foure aages past And yet his Lordship durst not repose any confidence in their firme standing to beare vp the said roofe of Temporall Monarchie for feare of making his auditors to burst with laughter A wise part without question if his Lordship had not defiled his lips before with a more ridiculous argument drawne from the leprosie and drie scab Let vs now by way of comparison behold Iesus Christ paying tribute vnto Caesar and the Pope making Caesar to pay him tribute Iesus Christ perswading the Iewes to pay tribute vnto an heathen Emperour and the Pope dispensing with subiects for their obedience to Christian Emperours Iesus Christrefusing to arbitrate a controuersie of inheritance partable betweene two priuate parties and the Pope thrusting in himselfe without warrant or Commission to bee absolute Iudge in the deposing of Kings Iesus Christ professing that his Kingdome is not of this world and the Pope establishing himselfe in a terrene Empire In like manner the Apostles forsaking all their goods to followe Christ and the Pope robbing Christians of their goods the Apostles persecuted by Pagan Emperours and the Pope now setting his foote on the very throate of Christian Emperours then proudly treading Imperiall Crownes vnder his feete By this comparison the L. Cardinals allegation of Scripture in fauour of his Master the Pope is but a kind of puppet-play to make Iesus Christ a mocking stocke rather then to satisfie his auditors with any sound precepts and wholefome instructions Hereof he seemeth to giue some inckling himselfe For after he hath beene plentifull in citing authorities of Scripture and of newe Doctors which make for the Popes power to depose Kings at last he comes in with a faire and open confession Pag. 85. that neither by diuine Oracles nor by honourable antiquitie this controuersie hath beene yet determined and so pulls downe in a word with one hand the frame of worke that he had built and set vp before with an other discouering withall the reluctation and priuie checkes of his owne conscience There yet remaineth one obiection the knot whereof the L. Cardinall in a maner sweateth to vntie His words be these Page 84. The champions for the negatiue flie to the analogie of other proceedings and practises in the Church They affirme that priuate persons masters or owners of goods and possessions among the common people are not depriued of their goods for Heresie and consequently that Princes much more should not for the same crime bee depriued of their estates For answere to this reason he brings in the defendants of deposition speaking after this maner In the Kingdome of France the strict execution of lawes decreed in Court against Heretikes is fauourably suspended and stopped for the preseruation of peace and publike tranquilitie He saith elsewhere Conniuence is vsed towards these Heretikes inregard of their multitude because a notable part of the French Nation and State is made all of Heretikes I suppose that out of speciall charitie he would haue those Heretikes of his owne making forewarned what courteous vse and entreaty they are to expect when he affirmeth that execution of the lawes is but suspended For indeed suspensions hold but for a time But in a cause of that nature and importance I dare promise my selfe that my most honoured brother the King of France will make vse of other counsell will rather seeke the amitie of his neighbour Princes and
litle children with a small twisted thred To that God that King of Kings I deuote my scepter at his feet in all humblenes I lay downe my Crowne to his holy decrees and commaunds I will euer be a faithfull seruant and in his battels a faithfull champion To conclude in this iust cause and quarrell I dare send the challenge and will require no second to maintaine as a defendant of honour that my brother-brother-Princes and my selfe whom God hath aduanced vpon the Throne of Soueraigne Maiestie and supreame dignity doe hold the Royall dignitie of his Maiestie alone to whose seruice as a most humble homager and vassall I consecrate all the glory honour splendor and lustre of my earthly Kingdomes A SPEACH AS IT WAS DELIVERED IN THE VPPER HOVSE OF THE PARLIAMENT TO THE LORDS SPIRITVALL AND Temporall and to the Knights Citizens and Burgesses there assembled ON MVNDAY THE XIX DAY OF MARCH 1603. BEING THE FIRST DAY OF THE first Parliament IT did no sooner please God to lighten his hand and relent the violence of his deuouring Angel against the poore people of this Citie but as soone did I resolue to call this Parliament and that for three chiefe and principall reasons The first whereof is and which of it selfe although there were no more is not onely a sufficient but a most full and necessary ground and reason for conuening of this Assembly This first reason I say is That you who are here presently assembled to represent the Body of this whole Kingdome and of all sorts of people within the same may with your owne eares heare and that I out of mine owne mouth may deliuer vnto you the assurance of my due thankefulnes for your so ioyfull and generall applause to the declaring and receiuing of mee in this Seate which GOD by my Birthright and lineall descent had in the fulnesse of time prouided for me and that immediatly after it pleased God to call your late Soueraigne of famous memory full of dayes but fuller of immortall trophes of Honour out of this transitorie life Not that I am able to expresse by wordes or vtter by eloquence the viue Image of mine inward thankfulnes but onely that out of mine owne mouth you may rest assured to expect that measure of thankefulnes at my hands which is according to the infinitenes of your deserts and to my inclination and abilitie for requitall of the same Shall I euer nay can I euer be able or rather so vnable in memorie as to forget your vnexpected readinesse and alacritie your euer memorable resolution and your most wonderfull coniunction and harmonie of your hearts in declaring and embracing mee as your vndoubted and lawfull King and Gouernour Or shall it euer bee blotted out of my minde how at my first entrie into this Kingdome the people of all sorts rid and ran nay rather flew to meet mee their eyes flaming nothing but sparkles of affection their mouthes and tongues vttering nothing but sounds of ioy their hands feete and all the rest of their members in their gestures discouering a passionate longing and earnestnesse to meete and embrace their new Soueraigne Quid ergo retribuam Shall I allow in my selfe that which I could neuer beare with in another No I must plainely and freely confesse here in all your audiences that I did euer naturally so farre mislike a tongue to smoothe and diligent in paying their creditors with lip payment and verball thankes as I euer suspected that sort of people meant not to pay their debtors in more substantiall sort of coyne And therefore for expressing of my thankefulnesse I must resort vnto the other two reasons of my conuening of this Parliament by them in action to vtter my thankefulnesse Both the said reasons hauing but one ground which is the deedes whereby all the dayes of my life I am by Gods grace to expresse my said thankfulnesse towards you but diuided in this That in the first of these two mine actions of thankes are so inseparably conioyned with my Person as they are in a maner become indiuidually annexed to the same In the other reason mine actions are such as I may either doe them or leaue them vndone although by Gods grace I hope neuer to be weary of the doing of them As to the first It is the blessings which God hath in my Person bestowed vpon you all wherein I protest I doe more glorie at the same for your weale then for any particular respect of mine owne reputation or aduantage therein THe first then of these blessings which God hath ioyntly with my Person sent vnto you is outward Peace that is peace abroad with all forreine neighbours for I thanke God I may iustly say that neuer since I was a King I either receiued wrong of any other Christian Prince or State or did wrong to any I haue euer I praise God yet kept Peace and amitie with all which hath bene so farre tyed to my person as at my comming here you are witnesses I found the State embarqued in a great and tedious warre and onely by mine arriuall here and by the Peace in my Person is now amitie kept where warre was before which is no smal blessing to a Christian Common-wealth for by Peace abroad with their neighbours the Townes flourish the Merchants become rich the Trade doeth encrease and the people of all sorts of the Land enioy free libertie to exercise themselues in their seuerall vocations without perill or disturbance Not that I thinke this outward Peace so vnseparably tyed to my Person as I dare assuredly promise to my selfe and to you the certaine continuance thereof but thus farre I can very well assure you and in the word of a King promise vnto you That I shall neuer giue the first occasion of the breach thereof neither shall I euer be moued for any particular or priuate passion of mind to interrupt your publique Peace except I be forced thereunto either for reparation of the honour of the Kingdom or else by necessitie for the weale and preseruation of the same In which case a secure and honourable warre must be preferred to an vnsecure and dishonourable Peace yet doe I hope by my experience of the by-past blessings of Peace which God hath so long euer since my Birth bestowed vpon mee that hee wil not be weary to continue the same nor repent him of his grace towards me transferring that sentence of King Dauids vpon his by-past victories of warre to mine of Peace That that God who preserued me from the deuouring iawes of the Beare and of the Lion and deliuered them into my hands shall also now grant me victory ouer that vncircumcised Philistine BVt although outward Peace be a great blessing yet is it as farre inferiour to peace within as Ciuill warres are more cruell and vnnaturall then warres abroad And therefore the second great blessing that GOD hath with my Person sent vnto you is Peace within and that in a double forme
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