the maine meanes of corrupting this people in point of Religion proceeds from the free vse of reading of all kinde of writings without any restraint The other Storie of Augustus is that famous Inscription of his which he made to be set vp in the Altar of the Capitoll to our Sauiour Christ of which Nicephorus makes mention as also Suidas in the word Augustus Caesar Augustus being proclaimed the first Emperour of Rome hauing done many great things and achiued great Glory and felicity came to the Oracle of Apollo offering vp a Heccatomb which is of all other the greatest Sacrifice demaunded of the Oracle who should rule the Empire after his decease receiuing no answere at all offered vp an other Sacrifice and asked with all how it came to passe that the Oracle that was wont to vse so many wordes was now become so silent The Oracle after a long pause made this answere Me puer Hebraeus Diuos Deus ipse gubernans Cedere sede iubet tristemque redire sub Orcum Aris ergo dehinc tacitus abscedito nostris The Emperour receiuing this answere returned to Rome erected in the Capitoll the greatest Altar that was there with this Inscription Ara primogeniti Dei Surely our Augustus in whose dayes our Blessed Sauiour Christ Iesus is come to a full and perfect aage As hee was borne in the dayes of the other studying nothing at all to know who shall rule the Scepter after him for God be praised he is much more happie then was Augustus in a Blessed Posterity of his owne but indeauoring that CHRIST his Kingdome may euer Reigne in his Kingdome hath consulted all the Oracles of GOD and hath found in them that there is but one onely Altar to be erected to the onely Sonne of GOD who is Blessed for euer and therefore hath set himselfe and bestowed much paines to bid that Man of Sinne cedere sede and redire sub Orcum that hath erected so many Altars Athenian-like to vnknowne Gods making more prayers and Supplications to supposed Saints then euer the other did to Gods they knew not But to returne Claudius Caesar that had so much wickednesse in him had this good in him that hee writte many good Bookes Suetonius reports hee writ so many Bookes in Greeke as that hee erected a Schoole of purpose in Alexandria called after his owne name and caused his Bookes to be read yeerely in it He writ in Latine likewise 43. Bookes contayning a Historie from the murther of Caesar to his owne time There would bee no ende of the reporting of the writings of the Heathen Emperours That one example of Constantine amongst the Christian Emperors shall suffice Eusebius hath written curiously his Life and is not sparing to report of his Learning How many Orations and discourses he made exhorting his Subiects and seruants to a good and godly life How many nights hee passed without sleepe in Meditations of Diuinitie His Speeches in the beginning and ende of the Councell of Nice That fomous Oration Ad Sanctorum coetum pronounced in Latine by him Selfe after translated into Greeke by diuerse doe shew how much Glory hee gayned by Letters From these great Monarches abroad giue mee leaue a little to descend to our owne Kings at home Alphredus King of the West-Saxons translated Paulus Orosius S. Gregorie De pastorali cura and his Dialogues into the English tongue He translated likewise Beda of the Actes of the English and Boetius de consolatione Philosophiae Dauids Psalmes and many other things Hee writ besides a Booke of Lawes and Institutions against wicked Judges Hee writ the sayings of Wisemen and a singular Booke of the fortune of Kings a collection of Chronicles and a Manuel of Meditations Ethelstanus or Adelstan as our Stories call him Rex Anglorum as Baleus calls him caused to be translated the Bible out of Hebrew into Saxon and writ himselfe a Booke of Astrologie the Constitutions of the Cleargie corrected many olde Lawes and made many new King Edgar writ to the Cleargie of England certaine Constitutions and Lawes and other things Henrie the first the yongest Sonne of the Conquerour was brought vp in the Vniuersitie of Cambridge and excelled so in the knowledge of all Liberall Arts and Sciences that to this day he doeth retaine the name of Beau-Clerke Achaius King of the Scots writ of the Acts of all his Predecessors And Kenethus King of the Scots writ a huge Volume of all the Scottish Lawes and like an other Iustinian reduced them into a Compendium Iames the first writ diuers Bookes both in English and LatineVerse He writ also as Baleus saith De vxore futura Henrie the eight writ of the Institution of a Christian man and of the Institution of youth Hee writ also a defence of the 7. Sacraments against Martin Luther for which hee was much magnified of the Pope and all that partie Jnsomuch as hee was stiled with the Title of Defensor fidei for that worke And trewly it fell out well for the King that hee writ a Booke on the Popes side for otherwise he should haue them raile on him for his writings as freely as they reuile him for his Actions For he writ two Bookes after that the one De auctoritate Regia contra Papam the other Sententia de Concilio Mantuano as well written for the Stile and Argument as the other is But because they seeme to breath an other breath there is no Trumpet sounded in their praise Edward the sixt though his dayes were so short as he could not giue full proofe of those singular parts that were in him yet hee wrote diuers Epistles and Orations both in Greeke and Latine He wrote a Treatise De fide to the Duke of Somerset He wrote a History of his owne time which are all yet extant vnder his owne hand in the Kings Library as Mr. Patrick Young his Maiesties learned and Industrious Bibliothecarius hath shewed mee And which is not to bee forgotten so diligent a hearer of Sermons was that sweet Prince that the notes of the most of the Sermons he heard are yet to bee seene vnder his owne hand with the Preachers name the time and the place and all other circumstances Queene Elizabeth our late Soueraigne of blessed memory translated the prayers of Queene Katherine into Latine French and Italian Shee wrote also a Century of Sentences and dedicated them to her Father J haue heard of her Translation of Salustius but I neuer saw it And there are yet fresh in our memories the Orations she made in both the Vniuersities in Latine her entertayning of Embassadors in diuers Languages her excellent Speaches in the Parliament whereof diuers are extant at this day in Print And to come a little neerer his Maiestie The Kings Father translated Valerius Maximus into English And the Queene his Maiesties Mother wrote a Booke of Verses in French of the Institution of a Prince all with her owne hand wrought the Couer of it with
whereof neuer Christian King is or was afraid Was neuer Christian Emperour or King afraid of the Popes How then were these miserable Emperours tost and turmoiled and in the end vtterly ruined by the Popes for proofe whereof I haue already cited Bellarmines owne bookes Was not the 13 Henry 4. Emperour afraid who 14 Abbas Vâ—spergen Lamb Scaff Anno 1077. Plat. in vit Greg. 7. waited barefooted in the frost and snow three dayes at the Popes gate before he could get entrie Was not the 15 Frederick Barbarosia Emperour also afraid 16 Naucler gener 40. Iacob Bergom in Supplem chron Alfons Clacon in vit Alex. 3. who was driuen to lie agroofe on his belly and suffer another Pope to tread vpon his necke And was not another 17 Henry 6. Emperour afraid 18 R. Houeden in Rich 1 Ranulph in Polycronico lib. 7. who was constrained in like maner to endure a third Pope to beat off from his head the Imperiall Crowne with his foot Was not 19 Abbas Vrsper ad Ann. 1191. Nanc gen 40. Cuspin in Philippo Philip afraid being made Emperour against Pope Innocentius the thirds good liking when he brake out into these words Either the Pope shall take the Crowne from Philip or Philip shall take the Miter from the Pope whereupon the Pope stirred vp Ottho against him who caused him to be slaine and presently went to Rome and was crowned Emperour by the Pope though afterward the Pope 1 Abbas Vrsper deposed him too Was not the Emperour 2 Math. Paris in Henr. 3. Petr de Vineis Epist li. 1. 2. Cuspin in Freder 2. Fredericke afraid when Innocentius the fourth excommunicated him depriued him of his crowne absolued Princes of their Oath of fidelitie to him and in Apulia corrupted one to giue him poison whereof the Emperour recouering hee hired his bastard sonne Manfredus to poison him whereof he died What did 3 Vita Frederici Germanicè conscripta Alexander the third write to the Soldan That if he would liue quietly hee should by some slight murther the 4 Fredericke Barbarossa Emperour and to that end sent him the Emperours picture And did not 5 Paul Iouius Hist lib. 2. Cuspinian in Baiazet 11. Guiccâ—ard lib 2. Alexander the sixt take of the Turke Baiazetes two hundred thousand crownes to kill his brother Gemen or as some call him Sisimus whom he helde captiue at Rome Did hee not accept of the conditions to poyson the man and had his pay Was not our 6 Houeden pag. 308. Matth. Paris in Henric 2. Walsinga in Hypodig Neustriae Ioan. Capgraue Henry the second afraid after the slaughter of Thomas Becket that besides his going bare-footed in Pilgrimage was whipped vp and down the Chapter-house like a schoole-boy and glad to escape so to Had not this French King his great grandfather King Iohn reason to be afraid when the 7 Gomecius de rebus gest Fran. Ximenij Archiepis Tolet. lib. 5. Pope gaue away his kingdome of Nauarre to the King of Spaine whereof he yet possesseth the best halfe Had not this King his Successour reason to be afraid when he was forced to begge so submissiuely the relaxation of his Excommunication as he was content likewise to suffer his Ambassadour to be whipped at Rome for penance And had not the late Queene reason to looke to her selfe when she was excommunicated by Pius Quintus her Subiects loosed from their fidelitie and Allegiance toward her her Kingdome of Ireland giuen to the King of Spaine and that famous fugitiue diuine honoured with the like degree of a redde Hat as Bellarmine is was not ashamed to publish in Printan 8 Card. Allens Answere to Stan. letter Anno 1587. Apologie for Stanleys treason maintaining that by reason of her excommunication and heresie it was not onely lawfull for any of her Subiects but euen they were bound in conscience to depriue her of any strength which lay in their power to doe And whether it were armies townes or fortresses of hers which they had in their hands they were obliged to put them in the King of Spaine her enemies hands shee no more being the right owner of anything But albeit it be trew that wise men are mooued by the examples of others dangers to vse prouidence and caution according to the olde Prouerbe Tumtuares agitur paries cùm proximus ardet yet was I much neerlier summoned to vse this caution by the practise of it in mine owne person First by the sending foorth of these Bulles whereof I made mention already for debarring me from entrie vnto this Crowne and Kingdome And next after my entrie and full possession thereof by the horrible Powder-treason which should haue bereft both me and mine both of crowne and life And howsoeuer the Pope will seeme to cleare himselfe of any allowance of the said Powder-treason yet can it not be denied that his principall ministers here and his chiefe Mancipia the Iesuites were the plaine practisers thereof for which the principall of them hath died confessing it and other haue fled the Countrey for the crime yea some of them gone into Italy and yet neither these that fled out of this Countrey for it nor yet Baldwine who though he then remained in the Low-countreys was of counsell in it were euer called to account for it by the Pope much lesse punished for medling in so scandalous and enormous businesse And now what needs so great wonder and exclamation that the only King of England feareth And what other Christian King doeth or euer did feare but hee As if by the force of his rhetoricke he could make me and my good Subiects to mistrust our senses deny the Sunne to shine at midday and not with the serpent to stop our cares to his charming but to the plaine and visible veritie it selfe And yet for all this wonder he can neuer prooue mee to be troubled with such a Panicke terrour Haue I euer importuned the Pope with any request for my securitie Or haue I either troubled other Christian Princes my friends and allies to intreat for me at the Popes hand Or yet haue I begged from them any aide or assistance for my farther securitie No. All this wondred-at feare of mine stretcheth no further then wisely to make distinction betweene the sheepe and goats in my owne pasture For since what euer the Popes part hath beene in the Powder-treason yet certaine it is that all these caitife monsters did to their death maintaine that onely zeale of Religion mooued them to that horrible attempt yea some of them at their death would not craue pardon at God or King for their offence exhorting other of their followers to the like constancie Had not wee then and our Parliament great reason by this Oath to set a marke of distinction betweene good Subiects and bad Yea betweene Papists though peraduenture zealous in their religion yet otherwise ciuilly honest and
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
diuers others and fiue strange and as I thinke erroneous points of Doctrine with sundry falsifications of Histories are set downe in a Table by themselues in the end of this my Epistle hauing their Refutation annexed to euery one of them But as for the particular answering of his booke it is both vnnecessary and vncomely for me to make a Reply Vnnecessary because as I haue already told you my Booke is neuer yet answered so farre as belongeth to the maine question anent the Oath of Alleagiance the picking of aduantages vpon the wrong placing of the figures in the citations or such errors in the Print by casuall addition or omission of words that make nothing to the Argument being the greatest weapons wherewith hee assaults my Booke And vncomely it must needs be in my opinion for a King to fall in altercation with a Cardinal at least with one no more nobly descended then he is That Ecclesiasticall dignitie though by the sloath of Princes as I said before it be now come to that height of vsurped honour yet being in the trew originall and foundation thereof nothing else but the title of the Priests and Deacons of the Parish Churches in the towne of Rome at the first the stile of Cardinals being generally giuen to all Priests and Deacons of any Cathedral Church though the multitude of such Cardinal Priests and Deacons resorting to Rome was the cause that after bred the restraining of that title of Cardinall Priests and Deacons onely to the Parish-priests and Deacons of Rome And since that it is S. Gregorie who in his Epistles sixe hundreth yeeres after CHRIST maketh the first mention of Cardinals and so these now Electours of the Apostolike Sea beeing long and many hundreth yeeres vnknowen or vnheard of after the Apostolik aage and yet doeth hee speake of them but in this sence as I haue now described I hope the Cardinall who calleth him the Apostle of England cannot blame mee that am King thereof to acknowledge the Cardinall in no other degree of honour then our said Apostle did But how they should now become to bee so strangely exalted aboue their first originall institution that from Parish-priests and Deacons Priests inferiours they should now come to bee Princes and Peeres to Kings and from a degree vnder Bishops as both 1 Lib. de Clericis cap. 16. Bellarmine and 2 Lib. de Episcopatibus Titulis Diaconijs Cardinalium Onuphrius confesse to bee now the Popes sole Electours supplying with him the place of a Generall Councell whereby the conuening of Generall Councels is now vtterly antiquated and abolished nay out of their number onely the Pope to be elected who claimeth the absolute Superioritie ouer all Kings how this their strange vsurped exaltation I say should thus creepe in and bee suffered it belongeth to all them in our place and calling to looke vnto it who being GOD his Lieutenants in earth haue good reason to bee iealous of such vpstart Princes meane in their originall come to that height by their owne creation and now accounting themselues Kings fellowes But the speciall harme they do vs is by their defrauding vs of our common Christian interest in General Councels they hauing as I said vtterly abolished the same by rolling it vp making as it were a Monopoly thereof in their Conclaue with the Pope Whereas if euer there were a possibilitie to be expected of reducing all Christians to an vniformitie of Religiō it mustcome by the means of a Generall Councel the place of their meeting being chosen so indifferent as all Christian Princes either in their owne Persons or their Deputie Commissioners and all Church-men of Christian profession that beleeue and professe all the ancient grounds of the trew ancient Catholike and Apostolike Faith might haue tutum accessum thereunto All the incendiaries and Nouelist fire-brands on either side being debarred from the same as well Iesuites as Puritanes And therefore hauing resolued not to paine my selfe with making a Replie for these reasons heere specified grounded as well vpon the consideration of the matter as of the person of the Answerer I haue thought good to content my selfe with the reprinting of my Apologie hauing in a manner corrected nothing but the Copiers or Printers faults therein and prefixed this my Epistle of Dedication and Warning thereunto that I may yet see if any thing will be iustly said against it Not doubting but enow of my Subiects will replie vpon these Libellers and answere them sufficiently wishing YOV deepely to consider and weigh your common interest in this Cause For neither in all my Apologie nor in his pretended Refutation thereof is there any question made anent the Popes power ouer mee in particular for the excommunicating or deposing of mee For in my particular the Cardinall doeth mee that grace that hee saith The Pope thought it not expedient at this time to excommunicate mee by name our question being onely generall Whether the Pope may lawfully pretend any temporall power ouer Kings or no That no Church-men can by his rule bee subiect to any Temporall Prince I haue already shewed you And what Obedience any of you may looke for of any of them de facto hee plainely forewarneth you of by the example of Gregory the Great his obedience to the Emperour Mauritius not being ashamed to slaunder that great Personages Christian humilitie and Obedience to the Emperour with the title of a constrained and forced obedience because hee might or durst doe no otherwise Whereby he not onely wrongs the said Gregory in particular but euen doeth by that meanes lay on an heauie slaunder and reproach vpon the Christian humilitie and patience of the whole Primitiue Church especially in the time of persecution if the whole glory of their Martyrdome and Christian patience shall bee thus blotted with that vile glosse of their coacted and constrained suffering because they could or durst doe no otherwise like the patience and obedience of the Iewes or Turkish slaues in our time cleane contrary to Saint Paul and Saint Peters doctrine of obedience for conscience sake Rom. 13.5 1. Pet. 2.13 and as contrary to Tertullians Apologie for Christians and all the protestations of the ancient Fathers in that case But it was good lucke for the ancient Christians in the dayes of Ethnicke Emperours that this prophane and new conceit was then vnknowen among them otherwise they would haue beene vtterly destroyed and rooted out in that time and no man to haue pitied them as most dangerous members in a Common-wealth who would no longer be obedient then till they were furnished with sufficient abilitie and power to resist and rebell Thus may ye see how vpon the one part our Cardinall will haue all Kings and Monarchs to bee the Popes Vassals and yet will not on the other side allow the meanest of the Pope his vassals to be subiect to any Christian Prince But he not thinking it enough to make the
the peace of his Kingdome will beare in mind the great and faithfull seruice of those who in matter of religion dissent from his Maiestie as of the onely men that haue preserued and saued the Crowne for the King his father of most glorious memorie I am perswaded my brother of France wil beleeue that his liege people pretended by the L. Cardinall to bee heretikes are not halfe so bad as my Romane Catholike subiects who by secret practises vndermine my life serue a forreine Souereigne are discharged by his Bulls of their obedience due to me their naturall Souereigne are bound by the maximes and rules published and maintained in fauour of the Pope before this full and famous assemblie of the Estate at Paris if the said maximes be of any weight and authoritie to hold mee for no lawfull King are there taught and instructed that Pauls commandemement concerning subiection vnto the higher Powers aduerse to their professed religion is onely a prouisionall precept framed to the times and watching for the opportunitie to shake off the yoake All which notwithstanding I deale with such Romane-Catholikes by the rules and wayes of Princely clemencie their heinous and pernicious error in effect no lesse then the capitall crime of high treason I vse to call some disease or distemper of the mind Last of all I beleeue my said brother of France will set downe in his tables as in record how little hee standeth ingaged to the L. Cardinall in this behalfe For those of the reformed Religion professe and proclaime that next vnder God they owe their preseruation and safetie to the wisedome and benignity of their Kings But now comes the Cardinall and he seekes to steale this perswasion out of their hearts He tells them in open Parliament and without any going about bushes that all their welfare and securitie standeth in their multitude and in the feare which others conceiue to trouble the State by the strict execution of lawes against Heretikes He addeth moreouer Note by the way that here the Church of Rome is called a Sect. that In case a third Sect should peepe out and growe vp in France the professors thereof should suffer confiscation of their goods with losse of life it selfe as hath bene practised at Geneua against Seruetus and in England against Arians My answere is this That punishments for heretikes duely and according to Law conuicted are set downe by decrees of the ciuill Magistrate bearing rule in the countrey where the said heretikes inhabite and not by any ordinances of the Pope I say withall the L. Cardinall hath no reason to match and parallell the reformed Churches with Seruetus and the Arians For those heretikes were powerfully conuicted by Gods word and lawfully condemned by the ancient Generall Councils where they were permitted and admitted to plead their owne cause in person But as for the trewth professed by me and those of the reformed Religion it was neuer yet hissed out of the Schooles nor cast out of any Council like some Parliament bills where both sides haue bene heard with like indifferencie Yea what Council soeuer hath bene offered vnto vs in these latter times it hath bene proposed with certaine presuppositions as That his Holinesse beeing a partie in the cause and consequently to come vnder iudgement as it were to the barre vpon his triall shall be the Iudge of Assize with Commission of Oyer and Determiner it shall bee celebrated in a citie of no safe accesse without safe conduct or conuoy to come or goe at pleasure and without danger it shall be assembled of such persons with free suffrage and voyce as vphold this rule which they haue already put in practise against Iohn Hus and Hierome of Prage that faith giuen and oath taken to an Heretike must not be obserued Now then to resume our former matter If the Pope hitherto hath neuer presumed for pretended heresie to confiscate by sentence either the lands or the goods of priuate persons or common people of the French Nation wherefore should hee dare to dispossesse Kings of their Royall thrones wherefore takes he more vpon him ouer Kings then ouer priuate persons wherefore shall the sacred heads of Kings be more churlishly vnciuilly and rigorously handled then the hoods of the meanest people Here the L. Cardinal in stead of a direct answer breakes out of the lists alledging cleane from the purpose examples of heretikes punished not by the Pope but by the ciuill Magistrate of the Countrey But Bellarmine speakes to the point with a more free and open heart hee is absolute and resolute in this opinion that his Holinesse hath plenary power to dispose all Temporall estates and matters in the whole world I am confident saith Bellarmine and I speake it with assurance Contr. Barclaium cap. 27. that our Lord Iesus Christ in the dayes of his mortalitie had power to dispose of all Temporall things yea to strip Souereigne Kings and absolute Lords of their Kingdomes and Seignories and without all doubt hath granted and left euen the same power vnto his Vicar to make vse thereof whensoeuer hee shall thinke it necessary for the saluation of soules And so his Lordship speaketh without exception of any thing at all For who doth not know that Iesus Christ had power to dispose no lesse of priuate mens possessions then of whole Realmes and Kingdomes at his pleasure if it had beene his pleasure to display the ensignes of his power The same fulnesse of power is likewise in the Pope In good time belike his Holinesse is the sole heire of Christ in whole and in part Sess 9. The last Lateran Council fineth a Laic that speaketh blasphemie for the first offence if he be a gentleman at 25. ducats and at 50. for the second It presupposeth and taketh it for graunted that the Church may rifle and ransacke the purses of priuate men and cast lots for their goods The Councill of Trent diggeth as deepe for the same veine of gold and siluer It ordaines That Emperours Kings Dukes Princes Sess 25. cap. 19. and Lords of cities castles and territories holding of the Church in case they shall assigne any place within their limits or liberties for the duell betweene two Christians shall be depriued of the said citie castle or place where such duell shall be performed they holding the said place of the Church by any kind of tenure that all other Estates held in fee where the like offence shall be committed shall forthwith fall and become forfeited to their immediate and next Lords that all goods possessions and estates as well of the combatants themselues as of their seconds shall bee confiscate This Councill doeth necessarily presuppose it lieth in the hand and power of the Church to dispose of all the lands and estates held in fee throughout all Christendome because the Church forsooth can take from one and giue vnto an other all estates held in fee whatsoeuer as well such as hold of the
the Lawes but onely the clearing and the sweeping off the rust of them and that by Parliament our Lawes might be cleared and made knowen to all the Subiects Yea rather it were lesse hurt that all the approued Cases were set downe and allowed by Parliament for standing Lawes in all time to come For although some of them peraduenture may bee vniust as set downe by corrupt Iudges yet better it is to haue a certaine Law with some spots in it nor liue vnder such an vncertaine and arbitrarie Law since as the prouerbe is It is lesse harme to suffer an inconuenience then a mischiefe And now may you haue faire occasion of amending and polishing your Lawes when Scotland is to bee vnited with you vnder them for who can blame Scotland to say If you will take away our owne Lawes I pray you giue vs a better and cleerer in place thereof But this is not possible to bee done without a fit preparation Hee that buildeth a Ship must first prouide the timber and as Christ himselfe said No man will build an house but he will first prouide the materials nor a wise King will not make warre against another without he first makeprouision of money and all great workes must haue their preparation and that was my end in causing the Instrument of the Vnion to be made Vnion is a mariage would he not bee thought absurd that for furthering of a mariage betweene two friends of his would make his first motion to haue the two parties be laid in bedde together and performe the other turnes of mariage must there not precede the mutuall sight and acquaintance of the parties one with another the conditions of the contract and Ioincture to be talked of and agreed vpon by their friends and such other things as in order ought to goe before the ending of such a worke The vnion is an eternall agreement and reconciliation of many long bloody warres that haue beene betweene these two ancient Kingdomes Is it the readiest way to agree a priuate quarell betweene two to bring them at the first to shake hands and as it were kisse other and lie vnder one roofe or rather in one bedde together before that first the ground of their quarell be communed vpon their mindes mitigated their affections prepared and all other circumstances first vsed that ought to be vsed to proceed to such a finall agreement Euery honest man desireth a perfect Vnion but they that say so and admit no preparation thereto haue mel in ore fel in corde If after your so long talke of Vnion in all this long Session of Parliament yee rise without agreeing vpon any particular what will the neighbour Princes iudge whose eyes are all fixed vpon the conclusion of this Action but that the King is refused in his desire whereby the Nation should bee taxed and the King disgraced And what an ill preparation is it for the mindes of Scotland toward the Vnion when they shall heare that ill is spoken of their whole Nation but nothing is done nor aduanced in the matter of the Vnion it selfe But this I am glad was but the fault of one and one is no number yet haue your neighbours of Scotland this aduantage of you that none of them haue spoken ill of you nor shall as long as I am King in Parliament or any such publique place of Iuditature Consider therefore well if the mindes of Scotland had not neede to be well prepared to perswade their mutuall consent seeing you here haue all the great aduantage by the Vnion Is not here the personall residence of the King his whole Court and family Is not here the seate of Iustice and the fountaine of Gouernment must they not be subiected to the Lawes of England and so with time become but as Cumberland and Northumberland and those other remote and Northerne Shires you are to be the husband they the wife you conquerours they as conquered though not by the sword but by the sweet and sure bond of loue Besides that they as other Northerne Countreys will beseldome seene and saluted by their King and that as it were but in a posting or hunting iourney How little cause then they may haue of such a change of so ancient a Monarchie into the case of priuate Shires iudge rightly herein And that you may be the more vpright Iudges suppose your selues the Patients of whom such sentence should be giuen But what preparation is it which I craue onely such as by the entrance may shew something is done yet more is intended There is a conceipt intertained and a double iealousie possesseth many wherein I am misiudged First that this Vnion will be the Crisis to the ouerthrow of England and setting vp of Scotland England will then bee ouerwhelmed by the swarming of the Scots who if the Vnion were effected would raigne and rule all The second is my profuse liberalitie to the Scottish men more then the English and that with this Vnion all things shal be giuen to them and you turned out of all To you shall bee left the sweat and labour to them shall bee giuen the fruite and sweet and that my forbearance is but till this Vnion may be gained How agreeable this is to the trewth Iudge you And that not by my wordes but by my Actions Doe I craue the Vnion without exceptions doe I not offer to binde my selfe and to reserue to you as in the Instrument all places of Iudicature doe I intend any thing which standeth not with the equall good of both Nations I could then haue done it and not spoken of it For all men of vnderstanding must agree that I might dispose without assent of Parliament Offices of Iudicature and others both Ecclesiasticall and Temporall But herein I did voluntarily offer by my Letters from Royston to the Commissioners to bind my Prerogatiue Some thinke that I will draw the Scottish Nation hither talking idlely of transporting of Trees out of a barren ground into a better and of leane cattell out of bad pasture into a more fertile soile Can any man displant you vnlesse you will or can any man thinke that Scotland is so strong to pull you out of your houses or doe you not thinke I know England hath more people Scotland more wast ground So that there is roumth in Scotland rather to plant your idle people that swarme in London streets and other Townes and disburden you of them then to bring more vnto you And in cases of Iustice if I bee partiall to either side let my owne mouth condemne me as vnworthy to be your King I appeale to your selues if in fauour or Iustice I haue beene partiall Nay my intention was euer you should then haue most cause to praise my discretion when you saw I had most power If hitherto I haue done nothing to your preiudice much lesse meane I hereafter If when I might haue done it without any breach of promise Thinke so of mee that
with the flattering speeches of such as would haue the Ante nati preferred alleadging their merit in my Seruice and such other reasons which indeede are but Sophismes For my rewarding out of my Liberalitie of any particular men hath nothing adoe with the generall acte of the Vnion which must not regard the deserts of priuate persons but the generall weale and conioyning of the Nations Besides that the actuall Naturalizing which is the onely point that is in your handes is already graunted to by your selues to the most part of such particular persons as can haue any vse of it heere and if any other well deseruing men were to sue for it hereafter I doubt not but there would neuer bee question mooued among you for the granting of it And therefore it is most euident that such discoursers haue mel in ore fel in corde as I said before carying an outward appearance of loue to the Vnion but indeed a contrary resolution in their hearts And as for limitations and restrictions such as shall by me be agreed vpon to be reasonable and necessary after you haue fully debated vpon them you may assure your selues I will with indifferencie grant what is requisite without partiall respect of Scotland I am as I haue often said borne and sworne King ouer both Kingdomes onely this farre let me entreat you in debating the point at your next meeting That yee be as ready to resolue doubts as to mooue them and to be satisfied when doubts are cleered And as for Commodities that come by the Vnion of these Kingdoms they are great and euident Peace Plentie Loue free Intercourse and common Societie of two great Nations All forreigne Kings that haue sent their Ambassadours to congratulate with me since my comming haue saluted me as Monarch of the whole Isle and with much more respect of my greatnesse then if I were King alone of one of these Realmes and with what comfort doe your selues behold Irish Scottish Welsh and English diuers in Nation yet all walking as Subiects and seruants within my Court and all liuing vnder the allegiance of your King besides the honour and lustre that the encrease of gallant men in the Court of diuers Nations carries in the eyes of all strangers that repaire hither Those confining places which were the Borders of the two Kingdomes where heretofore much blood was shed and many of your ancestours lost their liues yea that lay waste and desolate and were habitations but for runnagates are now become the Nauell or Vmbilick of both Kingdomes planted and peopled with Ciuilitie and riches their Churches begin to bee planted their doores stand now open they feare neither robbing nor spoiling and where there was nothing before heard nor seene in those parts but bloodshed oppressions complaints and outcries they now liue euery man peaceably vnder his owne figgetree and all their former cryes and complaints turned onely into prayers to God for their King vnder whom they enioy such ease and happy quietnesse The Marches beyond and on this side Twede are as fruitfull and as peaceable as most parts of England If after all this there shall be a Scissure what inconuenience will follow iudge you And as for the inconueniences that are feared on Englands part It is alleadged that the Scots are a populous Nation they shall be harboured in our nests they shall be planted and flourish in our good Soile they shall eate our commons bare and make vs leane These are foolish and idle surmises That which you possesse they are not to enioy by Law they cannot nor by my partialitie they shall not for set apart conscience and honour which if I should set apart indeede I had rather wish my selfe to bee set apart and out of all being can any man conclude either out of common reason or good policie that I will preferre those which perhaps I shall neuer see or but by poste for a moneth before those with whom I must alwayes dwell Can they conquer or ouercome you with swarmes of people as the Goths and the Vandals did Italy Surely the world knowes they are nothing so populous as you are and although they haue had the honour and good fortune neuer to be conquered yet were they euer but vpon the defensiue part and may in a part thanke their hilles and inaccessible passages that preserued them from an vtter ouerthrow at the handes of all that pretended to conquer them Or are they so very poore and miserable in their owne habitations that necessitie should force them all to make incursions among you And for my part when I haue two Nations vnder my gouernment can you imagine I will respect the lesser and neglect the greater would I not thinke it a lesse euill and hazard to mee that the plague were at Northampton or Barwicke then at London so neere Westminster the Seat of my habitation and of my wife and children will not a man bee more carefull to quench the fire taken in his neerest neighbours house then if a whole Towne were a fire farre from him You know that I am carefull to preserue the woods and game through all England nay through all the Isle yet none of you doubts but that I would be more offended with any disorder in the Forrest of Waltham for stealing of a Stagge there which lieth as it were vnder my nose and in a manerioyneth with my garden then with cutting of timber or stealing of a Deare in any Forrest of the North parts of Yorkeshire or the Bishopricke Thinke you that I will preferre them that be absent lesse powerfull and farther off to doe me good or hurt before you with whom my security and liuing must be and where I desire to plant my posterity If I might by any such fauours raise my selfe to a greatnesse it might bee probable All I cannot draw and to lose a whole state here to please a few there were madnesse I neede speake no more of this with protestations Speake but of wit it is not likely and to doubt of my intention in this were more then deuilish For mine owne part I offer more then I receiue and conueniencie I preferre before law in this point For three parts wherein I might hurt this Nation by partiality to the Scots you know doe absolutely lie in my hands and power for either in disposition of rents or whatsoeuer benefit or in the preferring of them to any dignitie or office ciuill or Ecclesiasticall or in calling them to the Parliament it doeth all fully and onely lie within the compasse of my Prerogatiue which are the parts wherein the Scottish men can receiue either benefite or preferment by the Vnion and wherein for the care I haue of this people I am content to binde my selfe with some reasonable restrictions As for the fourth part the Naturalizing which onely lieth in your hands It is the point wherein they receiue least benefit of any for in that they can obteine nothing but what
haue is of three sorts All the Lawe of Scotland for Tenures Wards and Liueries Seigniories and Lands are drawen out of the Chauncerie of England and for matters of equitie and in many things else differs from you but in certaine termes Iames the first bred here in England brought the Lawes thither in a written hand The second is Statute lawes which be their Acts of Parliament wherein they haue power as you to make and altar Lawes and those may be looked into by you for I hope you shall be no more strangers to that Nation And the principall worke of this Vnion will be to reconcile the Statute Lawes of both Kingdomes The third is the Ciuill Law Iames the fift brought it out of France by establishing the Session there according to the forme of the Court of Parliament of Fraunce which he had seene in the time of his being there who occupie there the place of Ciuill udges in all matters of Plee or controuersie yet not to gouerne absolutely by the Ciuill Law as in Fraunce For if a man plead that the Law of the Nation is otherwise it is a barre to the Ciuill and a good Chauncellor or President will oftentimes repell and put to silence an Argument that the Lawyers bring out of the Ciuill Law where they haue a cleare solution in their owne Law So as the Ciuil Law in Scotland is admitted in no other cases but to supply such cases wherein the Municipall Law is defectiue Then may you see it is not so hard a matter as is thought to reduce that Countrey to bee vnited with you vnder this Law which neither are subiect to the Ciuill Lawe nor yet haue any olde Common Law of their owne but such as in effect is borrowed from yours And for their Statute Lawes in Parliament you may alter and change them as oft as occasion shall require as you doe here It hath likewise beene obiected as an other impediment that in the Parliament of Scotland the King hath not anegatiue voice but must passe all the Lawes agreed on by the Lords and Commons Of this I can best resolue you for I am the eldest Parliament man in Scotland and haue sit in more Parliaments then any of my Predecessors I can assure you that the forme of Parliament there is nothing inclined to popularitie About a twentie dayes or such a time before the Parliament Proclamation is made throughout the Kingdome to deliuer in to the Kings Clearke of Register whom you heere call the Master of the Rolles all Bills to be exhibited that Session before a certaine day Then are they brought vnto the King and perused and considered by him and onely such as I allowe of are put into the Chancellors handes to bee propounded to the Parliament and none others And if any man in Parliament speake of any other matter then is in this forme first allowed by mee The Chancellor tells him there is no such Bill allowed by the King Besides when they haue passed them for lawes they are presented vnto me and I with my Scepter put into my hand by the Chancellor must say I ratifie and approue all things done in this present Parliament And if there bee any thing that I dislike they rase it out before If this may bee called a negatiue voyce then I haue one I am sure in that Parliament The last impediment is the French liberties which is thought so great as except the Scots farsake Fraunce England cannot bee vnited to them If the Scottish Nation would bee so vnwilling to leaue them as is said it would not lye in their hands For the League was neuer made betweene the people as is mistaken but betwixt the Princes onely and their Crownes The beginning was by a Message from a King of Fraunce Charlemaine I take it but I cannot certainely remember vnto a King of Scotland for a League defensiue and offensiue betweene vs and them against England Fraunce being at that time in Warres with England The like at that time was then desired by England against Fraunce who also sent their Ambassadours to Scotland At the first the Disputation was long maintained in fauour of England that they being our neerest Neighbours ioyned in one continent and a strong and powerfull Nation it was more fitte for the weale and securitie of the State of Scotland to be in League and Amitie with them then with a Countrey though neuer so strong yet diuided by Sea from vs especially Englandlying betwixt vs and them where we might be sure of a suddaine mischiefe but behooued to abide the hazard of wind and weather and other accidents that might hinder our reliefe But after when the contrary part of the Argument was maintained wherein allegation was made that England euer sought to conquer Scotland and therefore in regarde of their pretended interest in the Kingdoome would neuer keepe any sound Amitie with them longer then they saw their aduantage whereas France lying more remote and clayming no interest in the Kingdome would therefore bee found a more constant and faithfull friend It was vnhappily concluded in fauour of the last partie through which occasion Scotland gate many mischiefes after And it is by the very tenour thereof ordered to bee renewed and confirmed from King to King successiuely which accordingly was euer performed by the mediation of their Ambassadours and therefore meerely personall and so was it renewed in the Queene my mothers time onely betweene the two Kings and not by assent of Parliament or conuention of the three Estates which it could neuer haue wanted if it had beene a League betweene the people And in my time when it came to be ratified because it appeared to be in odium tertii it was by me left vnrenewed or confirmed as a thing incompatible to my Person in consideration of my Title to this Crowne Some Priuiledges indeede in the Merchants fauour for point of Commerce were renewed and confirmed in my time wherein for my part of it there was scarce three Counsellours more then my Secretarie to whose place it belonged that medled in that matter It is trew that it behooued to be enterteined as they call it in the Court of Parliament of Paris but that onely serues for publication and not to giue it Authoritie That Parliament as you know being but a Iudiciall Seate of Iudges and Lawyers and nothing agreeing with the definition or office of our Parliaments in this Isle And therefore that any fruites or Priuiledges possessed by the League with Fraunce is able now to remaine in Scotland is impossible For ye may be sure that the French King stayes onely vpon the sight of the ending of this Vnion to cut it off himselfe Otherwise when this great worke were at an end I would be forced for the generall care I owe to all my Subiects to craue of France like Priuiledges to them all as Scotland alreadie enioyes seeing the personall friendship remaines as great betweene vs as betweene our
had altered it And this I speake to root out the conceit and misapprehension if it be in any heart that I would change damnifie vilifie or suppresse the Law of this Land GOD is my Iudge I neuer meant it And this confirmation I make before you all To this I ioyne the point of Iustice which I call Vnicuique suum tribuere All my Councell and Iudges dead and aliue can and could beare mee witnesse how vnpartiall I haue beene in declaring of Law And where it hath concerned mee in my owne inheritance I haue as willingly submitted my interest to the Lawe as any my Subiects could doe and it becomes mee so to doe to giue example to others much lesse then will I be partiall to others where I am not to my selfe And so resolue your selues Iustice with mee may bee moderated in point of clemencie for no Iustice can be without mercie But in matters of Iustice to giue euery man his owne to be blinde without eyes of partialitie This is my full resolution I vsed to say when I was in Scotland if any man mooued mee to delay Iustice that it was against the Office of a King so to doe But when any made suite to hasten Iustice I told them I had rather grant fourtie of these suits then one of the other This was alwayes my custome and shall be euer with Gods leaue Now what I haue spoken of Law and Iustice I meane by the Lawe kept in her owne bounds For I vnderstand the inheritance of the King and Subiects in this land must bee determined by the Common Law and that is by the Law set downe in our forefathers time expounded by learned men diuers times after in the declaratory Comments called Responsa Prudentum Or else by Statute Law set downe by Acte of Parliament as occasion serues By this I doe not seclude all other Lawes of England but this is the Law of inheritance in this Kingdome There is another Law of all Lawes free and supreame which is GODS LAVV And by this all Common and municipall Lawes must be gouerned And except they haue dependance vpon this Law they are vniust and vnlawfull When I speake of that Law I onely giue this touch That that Law in this Kingdome hath beene too much neglected and Churchmen too much had in contempt I must speake trewth Great men Lords Iudges and people of all degrees from the highest to the lowest haue too much contemned them And God will not blesse vs in our owne Lawes if wee doe not reuerence and obey GODS LAVV which cannot bee except the interpreters of it be respected and reuerenced And it is a signe of the latter dayes drawing on euen the contempt of the Church and of the Gouernours and Teachers thereof now in the Church of ENGLAND which I say in my Conscience of any Church that euer I read or knew of present or past is most pure and neerest the Primitiue and Apostolicall Church in Doctrine and Discipline and is sureliest founded vpon the word of God of any Church in Christendome Next vnto this Law is the Law of Nations which God forbid should bee barred and that for two causes One because it is a Law to satisfie Strangers which will not so well hold themselues satisfied with other municipall Lawes Another to satisfie our owne Subiects in matters of Piracie Marriage Wills and things of like nature That Law I diuide into Ciuil and Canon And this Law hath bene so much encroched vpon sithence my comming to the Crowne and so had in contempt that young men are discouraged from studying and the rest wearie of their liues that doe professe it and would be glad to seeke any other craft So speaking of the Common Law I meane the Common Law kept within her owne limits and not derogating from these other Lawes which by longer custome haue beene rooted here first the Law of GOD and his Church and next the Law Ciuill and Canon which in many cases cannot be wanting To conclude this charge which I giue my selfe I professe to maintaine all the points of mine Oath especially in Lawes and of Lawes especially the Common Law And as to maintaine it so to purge it for else it cannot bee maintained and especially to purge it from two corruptions Incertaintie and Noueltie Incertaintie is found in the Law it selfe wherein I will bee painefull to cleare it to the people and this is properly to bee done in Parliament by aduice of the Iudges The other corruption is introduced by the Iudges themselues by Nicities that are vsed where it may be said Ab initio non fuit sic Nothing in the world is more likely to be permanent to our eyes then yron or steele yet the rust corrupts it if it bee not kept cleane which sheweth nothing is permanent here in this world if it be not purged So I cannot discharge my conscience in maintaining the Lawes if I keepe them not cleane from corruption And now that I may bee like the Pastor that first takes the Sacrament himselfe and then giues it to the people So I haue first taken my owne charge vpon me before I giue you your Charge lest it might be said Turpe est doctori cùm culpa redarguit ipsum NOw my Lords the Iudges for your parts the Charge I haue to giue you consists likewise in three parts First in generall that you doe Iustice vprightly as you shall answere to GOD and mee For as I haue onely GOD to answere to and to expect punishment at his hands if I offend So you are to answere both to GOD and to mee and expect punishment at GODS hands and mine if you be found in fault Secondly to doe Iustice indifferently betweene Subiect and Subiect betweene King and Subiect without delay partialitie feare or bribery with stout and vpright hearts with cleane and vncorrupt hands When I bid you doe Iustice boldly yet I bid you doe it fearefully fearefully in this to vtter your owne conceites and not the trew meaning of the Law And remember you are no makers of Law but Interpretours of Law according to the trew sence thereof for your Office is Ius dicere and not Ius dare And that you are so farre from making Law that euen in the higher house of Parliament you haue no voyce in making of a Law but only to giue your aduice when you are required And though the Laws be in many places obscure and not so wel knowen to the multitude as to you and that there are many parts that come not into ordinary practise which are knowen to you because you can finde out the reason thereof by bookes and presidents yet know this that your interpretations must be alwayes subiect to common sense and reason For I will neuer trust any Interpretation that agreeth not with my common sense and reason and trew Logicke for Ratio est anima Legis in all humane Lawes without exception it must not be Sophistrie or straines of wit