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A04224 The vvorkes of the most high and mightie prince, Iames by the grace of God, King of Great Britaine, France and Ireland, defender of the faith, &c. Published by Iames, Bishop of Winton, and deane of his Maiesties Chappel Royall; Works James I, King of England, 1566-1625.; Montagu, James, 1568?-1618.; Elstracke, Renold, fl. 1590-1630, engraver.; Pass, Simon van de, 1595?-1647, engraver. 1616 (1616) STC 14344; ESTC S122229 618,837 614

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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
Platina and a number of the Popes owne writers beare witnesse And 3 Lib. de Clericis Bellarmine himselfe in his booke of Controuersies cannot get it handsomely denied Nay the Popes were euen forced then to pay a certaine summe of money to the Emperours for their Confirmation And this lasted almost seuen hundreth yeeres after CHRIST witnesse 4 In Chron. ad ann 680. Sigebert and 5 In vit Agathen Anast. in vit eiusd Agath Herm. Contract ad ann 678. edit poster dist 63. c. Agathe Luitprandus with other Popish Historians And for Emperours deposing of Popes there are likewise diuers examples The Emperour 1 Luitpr Hist lib 6. ca. 10.11 Rhegino ad an 963. Platin. in vit Ioan. 13. Ottho deposed Pope Iohn the twelfth of that name for diuers crimes and vices especially of Lecherie The Emperour 2 Marianus Scot. Sigeb Abbas Vrsp ad ann 1046 Plat in vit Greg. 6. Henry the third in a short time deposed three Popes Benedict the ninth Siluester the third and Gregorie the sixt as well for the sinne of Auarice as for abusing their extraordinarie authoritie against Kings and Princes And as for KINGS that haue denied this Temporall Superioritie of Popes First wee haue the vnanime testimonie of diuers famous HISTORIOGRAPHERS for the generall of many CHRISTIAN Kingdomes As 3 Walthram Naumburz in lib. de inuest Episc Vixit circa ann 1110. Walthram testifieth That the Bishops of Spaine Scotland England Hungarie from ancient institution till this moderne noueltie had their Inuestiture by KINGS with peaceable inioyning of their Temporalities wholly and entirely and whosoeuer sayeth hee is peaceably solicitous let him peruse the liues of the Ancients and reade the Histories and hee shall vnderstand thus much And for verification of this generall Assertion wee will first beginne at the practise of the KINGS of France though not named by Walthram in this his enumeration of Kingdomes amongst whom my first witnesse shall bee that vulgarly knowne letter of 4 See Annales Franciae Nicolai Gillij in Phil. Pulchro Philip le Bel King of France to Pope Boniface the eighth the beginning whereof after a scornefull salutation is Sciat tua maxima fatuitas nos in temporalibus nemini subesse And likewise after that 5 Anno 1268. ex Arrestis Senatus Parifiens Lewes the ninth surnamed Sanctus had by a publique instrument called Pragmatica sanctio forbidden all the exactions of the Popes Court within his Realme Pope Pius 6 Ioan. Maierius lib. de Scismat Concil the second in the beginning of Lewes the eleuenth his time greatly misseliking this Decree so long before made sent his Legate to the saide King Lewes with Letters-patents vrging his promise which hee had made when hee was Dolphin of France to repeale that Sanction if euer hee came to bee King The King referreth the Legate ouer with his Letters-patents to the Councell of Paris where the matter being propounded was impugned by Iohannes Romanus the Kings Atturney with whose opinion the Vniuersitie of Paris concurring an Appeale was made from the attempts of the Pope to the next generall Councell the Cardinall departing with indignation But that the King of France and Church thereof haue euer stoken to their Gallican immunitie in denying the Pope any Temporall power ouer them and in resisting the Popes as oft as euer they prest to meddle with their Temporall power euen in the donation of Benefices the Histories are so full of them as the onely examples thereof would make vp a bigge Volume by it selfe And so farre were the Sorbonistes for the Kings and French Churches priuiledge in this point as they were wont to maintaine That if the Pope fell a quarrelling the King for that cause the Gallican Church might elect a Patriarch of their owne renouncing any obedience to the Pope And Gerson was so farre from giuing the Pope that temporall authority ouer Kings who otherwise was a deuoute Roman Catholike as hee wrote a Booke de Auferibilitate Papae not onely from the power ouer Kings but euen ouer the Church And now pretermitting all further examples of forraigne Kings actions I will onely content me at this time with some of my owne Predecessors examples of this kingdome of England that it may thereby the more clearely appeare that euen in those times when the world was fullest of darkened blindnes and ignorance the Kings of England haue oftentimes not onely repined but euen strongly resisted and withstood this temporall vsurpation and encrochment of ambitious Popes And I will first begin at 1 Matth. Paris in Henr. 1. anno 1100. King Henry the first of that name after the Conquest who after he was crowned gaue the Bishopricke of Winchester to William Gifford and forthwith inuested him into all the possessions belonging to the Bishopricke contrary to the Canons of the new Synod 2 Idem ibid. anno 1113. King Henry also gaue the Archbishopricke of Canterbury to Radulph Bishop of London and gaue him inuestiture by a Ring and a Crosiers staffe Also Pope 3 Idem ibid. anno 1119. Calixtus held a Councell at RHEMES whither King Henry had appointed certaine Bishops of ENGLAND and NORMANDIE to goe Thurstan also elected Archbishop of YORKE got leaue of the King to goe thither giuing his faith that hee would not receiue Consecration of the Pope And comming to the Synode by his liberall gifts as the fashion is wanne the ROMANES fauour and by their meanes obtained to bee consecrated at the Popes hand Which assoone as the King of ENGLAND knewe hee forbade him to come within his Dominions Moreouer King Edward the first prohibited the Abbot of 4 Ex Archiuis Regni Waltham and Deane of Pauls to collect a tenth of euery mans goods for a supply to the holy Land which the Pope by three Bulles had committed to their charge and the said Deane of Pauls compeering before the King and his Councell promised for the reuerence he did beare vnto the King not to meddle any more in that matter without the Kings good leaue and permission Here I hope a Church-man disobeyed the Pope for obedience to his Prince euen in Church matters but this new Iesuited Diuinitie was not then knowen in the world The same Edward I. impleaded the Deane of the Chappell of Vuluerhampton because the said Deane had against the priuiledges of the Kingdome giuen a Prebend of the same Chappell to one at the Popes command whereupon the said Deane compeered and put himselfe in the Kings will for his offence The said Edward I. depriued also the Bishop of Durham of all his liberties for disobeying a prohibition of the Kings So as it appeareth the Kings in those dayes thought the Church-men their Subiects though now we be taught other Seraphicall doctrine For further proofe whereof Iohn of Ibstocke was committed to the goale by the sayde King for hauing a suite in the Court of Rome seuen yeeres
trāsgressors of diuine humane lawes If the French king in the heart of his kingdom should nourish and foster such a nest of stinging hornets and busie wasps I meane such a pack of subiects denying his absolute Soueraignty as many Romane Catholiks of my Kingdome do mine It may wel be doubted whether the L. Cardinal would aduise his king stil to feather the nest of the said Catholiks stil to keep them warme stil to beare them with an easie and gentle hand It may wel be doubted whether his Lordship would extol their constancie that would haue the courage to sheath vp their swords in his Kings bowels or blow vp his King with gun-powder into the neather station of the lowest regiō It may wel be doubted whether he would indure that Orator who like as himselfe hath done should stir vp others to suffer Martyrdome after such examples and to imitate parricides traitors in their constancy The scope then of the L. Cardinall in striking the sweet strings and sounding the pleasant notes of praises which faine he would fil mine eares withal is only by his excellent skil in the musick of Oratory to bewitch the harts of my subiects to infatuate their minds to settle them in a resolution to depriue me of my life The reason Because the plotters and practisers against my life are honoured and rewarded with a glorious name of Martyrs their constancie what els is admired when they suffer death for treason Wheras hitherto during the time of my whole raigne to this day I speake it in the word of a King and trewth it selfe shall make good the Kings word no man hath lost his life no man hath indured the Racke no man hath suffered corporall punishment in other kinds meerely or simply or in any degree of respect for his conscience in matter of religion but for wicked conspiring against my life or Estate or Royall dignitie or els for some notorious crime or some obstinate and wilfull disobedience Of which traiterous and viperous brood I commanded one to be hanged by the necke of late in Scotland a Iesuite of intolerable impudencie who at his arraignment and publike triall stiffely maintained that I haue robbed the Pope of his right and haue no manner of right in the possession of my Kingdome His Lordship therefore in offering himselfe to Martyrdome after the rare example of Catholiks as he saith suffering all sort of punishment in my Kingdome doeth plainely professe himselfe a follower of traytors and parricides These be the Worthies these the heroicall spirits these the honourable Captaines and Coronels whose vertuous parts neuer sufficiently magnified and praysed his Lordshippe propoundeth for imitation to the French Bishops O the name of Martyrs in olde times a sacred name how is it now derided and scoffed how is it in these daies filthily prophaned O you the whole quire and holy company of Apostles who haue sealed the trewth with your dearest blood how much are you disparaged how vnfitly are you paragoned and matched when traytors bloody butchers and King-killers are made your assistants and of the same Quorum or to speake in milder tearmes when you are coupled with Martyrs that suffer for maintaining the Temporall rites of the Popes Empire with Bishops that offer themselues to a Problematicall Martyrdome for a point decided neither by the authorities of your Spirit-inspired pens nor by the auncient and venerable testimonie of the Primitiue Church for a point which they dare not vndertake to teach otherwise then by a doubtfull cold fearefull way of discourse and altogether without resolution In good sooth I take the Cardinall for a personage of a quicker spirit and clearer sight let his Lordship hold mee excused then to perswade my selfe that in these matters his tongue and his heart his pen and his inward iudgement haue any concord or correspondence one with another For beeing very much against his minde as hee doeth confesse thrust into the office of an Aduocate to pleade this cause he suffered himselfe to bee carried after his engagement with some heat to vtter some things against his conscience murmuring and grumbling the contrary within and to affirme some other things with confidence whereof hee had not beene otherwise informed then onely by vaine and lying report Of which ranke is that bold assertion of his Lordship That many Catholiks in England rather then they would subscribe to the oath of allegiance in the forme thereof haue vndergone all sorts of punishment For in England as we haue trewly giuen the whole Christian world to vnderstand in our Preface to the Apologie there is but one forme or kind of punishment ordained for all sorts of traytors Hath not his Lordship now graced me with goodly testimonialls of prayse and commendation Am I not by his prayses proclaimed a Tyrant as it were inebriated with blood of the Saints and a famous Enginer of torments for my Catholikes To this exhortation for the suffering of Martyrdome in imitation of my English traytors and parricides if wee shall adde how craftily and subtilly hee makes the Kings of England to hold of the Pope by fealty and their kingdome in bondage to the Pope by Temporall recognizance it shall easily appeare that his holy-water of prayses wherewith I am so reuerently besprinkled is a composition extracted out of a dram of hony and a pound of gall first steeped in a strong decoction of bitter wormewood or of the wild gourd called Coloquintida For after he hath in the beginning of his Oration Page 10. spoken of Kings that owe fealtie to the Pope and are not Soueraignes in the highest degree of Temporall supremacie within their Kingdomes to explaine his mind and meaning the better he marshals the Kings of England a little after in the same ranke His words be these When King Iohn of England not yet bound in any temporall recognizance to the Pope had expelled his Bishops c. His Lordship means that King Iohn became so bound to the Pope not long after And what may this meaning be but in plaine tearmes and broad speach to call me vsurper and vnlawfull King For the feudatarie or he that holdeth a Mannor by fealty when he doeth not his homage with all suit and seruice that he owes to the Lord Paramount doeth fall from the propertie of his fee. This reproach of the L. Cardinals is seconded with an other of Bellarmines his brother Cardinall That Ireland was giuen to the Kings of England by the Pope The best is that his most reuerend Lordship hath not shewed who it was that gaue Ireland to the Pope And touching Iohn King of England thus in briefe stands the whole matter Betweene Henry 2. and the Pope had passed sundry bickerments about collating of Ecclesiasticall dignities Iohn the sonne after his fathers death reneweth vndertaketh and pursueth the same quarrell Driueth certaine English Bishops out of the Kingdome for defending the Popes insolent vsurpation vpon his Royall prerogatiue and Regall rights