Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	king_n	plea_n	3,508	5	9.7258	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

World euen our Aduersaries as Moses said being Iudges And praysed be GOD the present time passeth a long with the like felicity and much more Securitie for let me recount a little for the Glory of GOD and encouragement of his Maiestie to goe on in his happie Course begunne the Blessings of GOD we receiue by him And then let our Aduersaries tell vs whether we be a miserable People or no as some of late haue gone about to perswade vs. Neither doe J stand in feare of any mans reprehension for J will speake nothing but trewth and I haue my President from GOD his owne Booke wherein the good Actes of euery good King are to their eternall praises trewly recounted First to beginne with Religion as the Generall to the Armie Of all Gods Blessings wee haue it without any alteration or change contynued vnto vs. His Maiesties first Care was for the Confirmation of the Gospell for at his Maiesties first comming in who knowes not the endeauours of men to haue made a change either to the Papists or to the Puritanes His Maiestie therefore to quiet the State and Peace of the Church called a Conference at Hampton-Court where passing ouer the one as being neuer in his heart to giue the least way vnto He so tempered the other as the Harmony hath bene the better euer since The Religion thus ratified His Maiesties next Care was for the Translation of the Bible it being the ground of our Religion His Maiestie was desirous his People should haue it in as much perfection as the Jndustrie and Labors of the best Learned were able to afford it them Hauing done what was necessary for the Spirituall part of the Church his Maiestie tooke into consideration the Temporal State thereof No sooner came the Parliament but finding what spoile had bene made of the Lands thereof in the tyme of his Predecessors by a libertie they had to take the Landes of the Church for a longer Terme then others could doe Cut himselfe off from that libertie and equalled himselfe to a common person in the taking of any State in the Churches Landes When his Maiestie had done this in England he looked backe into Scotland and reforming the State of the Church there as farre as in his Princely-Wisedome he thought conuenient for the time restored the Bishops there as to their Spirituall Keies so to their temporall Estates though it were to the great losse and dammage of his owne Reuennue and Crowne From Scotland his Maiestie came to Ireland that forlorne Kingdome both for Temporall and Spiritual estate till be looked into it There his Maiestie hath reduced the Bishoppricks not only to their old Rents but added vnto them many new Reuennues so that many places there are answerable to the best Liuings here Neither hath his Care bene onely on these high places of the Church but hath descended to the lowest in the same hauing both protected the Benefices from being raysed to any higher Taxe and hindred all courses that might giue his Cleargie molestation or trouble His Maiesties Bountie hath not bene wanting to Colledges and Hospitalls hauing parted with his owne Tenures to giue them power of larger Indowments whereby there hath bene works of more sumptuousnes and cost done in his Maiesties time then there hath bene in any one aage before J may not forget one thing that since his Maiesties comming to this Crowne he hath neuer put into his Coffers the meane proffitts of any Ecclesiasticall liuing but hath bene a Fidus-Depositarius and euer giuen them to the next Jncumbent Let me descend a little from these workes of Piety to Peace Neuer hath there bene so vniuersall a Peace in Christendome since the time of our Sauiour Christ as in these his Dayes And I dare say as much if not more by the procurement of his Maiestie then by any other earthly meanes in this world A Peace to let forraigne partes passe so entertayned at home that in his Maiesties three Kingdomes apt enough by constitution and not vnaccustomed by practise to be at variance there hath bene no Ciuill dissension at all With Peace GOD hath giuen vs Plentie So that if Peace and Plenty haue not made vs too too wanton I know not what wee want Neither is there any crying out for lacke of Iustice in our Courtes for neuer was there Iustice administred with more liberty from the King nor more vprightnes from the Judges And yet in the free dispensation of Iustice Mercie did neuer more triumph If this bee to bee miserable J know not what on earth they call Happinesse GOD continue these still vnto vs and then let them call Happinesse what they please But I know wherefore all is miserable because there is no more Mercy shewed to their Catholiks J will put it as a Crowne vpon all his Maiesties Mercies There was neuer King that had so great a cause giuen him that euer tooke so little bloode extending his Mercy to all that were not personall workers in that Powder-Plot And before that you had hatched that Monster neither was the person or purse of any your reputed Catholicks touched And since that time you may doe well to complaine of your Miseries but the Church and Comonwealth both doe trauaile and groane vnder the burthen of your disobedience But the worst J wish you is that at length by his Maiesties long Patience you may bee drawne to Repentance for as we are come out from you lest we should bee partakers of your plagues so we pray for you that you may come in to vs that you may be participants of our felicities To Conclude this Preface GOD hath giuen vs a Solomon and GOD aboue all things gaue Solomon Wisedome Wisedome brought him peace Peace brought him Riches Riches gaue him Glory His wisedome appeared in his wordes and Workes his Peace he preserued by the power of his Army His riches he raysed as by his Reuennue so by the Trade of his Nauie His Glory did accrue from them all Now as in these GOD exalted him beyond all the Kings that euer were or should be after him So had he in other things Humiliations not farre behind the proportion of his Exaltations the fearefullest fall that the Scripture affords an Example of the most vnchast life and immoderate excesse of Women that we read of the weakest Posterity for Wisedome and Gouernment that we finde in all the Line of his Succession GOD would haue it so that he should no more be set out as a Type of the Glory of his owne Sonne in the felicity of his State one way then he would haue him proposed as a patterne of Humane frailty an other way Therefore though we may not approach him in his Typicall State yet GODS Name be blessed that hath giuen vs to goe farre beyond him in his personall Condition For we haue already blessed be GOD seene the Constancie and perseuerance of his Maiesty in his Holy Profession without any Eclipse or Shaddow of

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

Chancery for other Benches I am not yet so well resolued of their Iurisdiction in that point And for my part I was neuer against Prohibitions of this nature nor the trew vse of them which is indeed to keepe euery Riuer within his owne banks and channels But when I saw the swelling and ouerflowing of Prohibitions in a farre greater abundance then euer before euery Court striuing to bring in most moulture to their owne Mill by multitudes of Causes which is a disease very naturall to all Courts and Iurisdictions in the world Then dealt I with this Cause and that at two seuerall times once in the middest of Winter and againe in the middest of the next following Summer At euery of which times I spent three whole daies in that labour And then after a large hearing I told them as Christ said concerning Mariage Ab initio non fuit sic For as God conteins the Sea within his owne bounds and marches as it is in the Psalmes So is it my office to make euery Court conteine himselfe within his own limits And therfore I gaue admonitions to both sides To the other Courts that they should be carefull hereafter euery of them to conteine themselues within the bounds of their owne Iurisdictions and to the Courts of Common Law that they should not bee so forward and prodigall in multiplying their Prohibitions Two cautions I willed them to obserue in graunting their Prohibitions First that they should be graunted in a right and lawfull forme And next that they should not grant them but vpon a iust and reasonable cause As to the forme it was That none should be graunted by any one particular Iudge or in time of Vacation or in any other place but openly in Court And to this the Iudges themselues gaue their willing assent And as to the Cause That they should not be granted vpon euery sleight furmise or information of the partie but alwayes that a due and graue examination should first precede Otherwise if Prohibitions should rashly and headily be granted then no man is the more secure of his owne though hee hath gotten a Sentence with him For as good haue no Law or Sentence as to haue no execution thereof A poore Minister with much labour and expense hauing exhausted his poore meanes and being forced to forbeare his studie and to become non resident from his flocke obtaines a Sentence and then when hee loookes to enioy the fruits thereof he is defrauded of all by a Prohibition according to the parable of Christ That night when hee thinkes himselfe most happy shall his soule be taken from him And so is he tortured like Tantalus who when he hath the Apple at his mouth and that he is gaping and opening his mouth to receiue it then must it be pulled from him by a Prohibition and he not suffered to taste thereof So as to conclude this point I put a difference betweene the trew vse of Prohibitions and the superabounding abuse thereof for as a thing which is good ought not therefore bee abused so ought not the lawfull vse of a good thing be forborne because of the abuse thereof NOw the second generall ground whereof I am to speake concernes the matter of Grieuances There are two speciall causes of the peoples presenting Grieuances to their King in time of Parliament First for that the King cannot at other times be so well informed of all the Grieuances of his people as in time of Parliament which is the representatiue body of the whole Realme Secondly the Parliament is the highest Court of Iustice and therefore the fittest place where diuers natures of Grieuances may haue their proper remedie by the establishment of good and wholsome Lawes But though my Speech was before directed to the whole Body of Parliament yet in this case I must addresse my Speech in speciall to you of the Lower House I am now then to recommend vnto your considerations the matter and manner of your handling and presenting of Grieuances As for the manner though I will not denie but that yee representing the Body of the people may as it were both opportunè and inopportunè I meane either in Parliament as a Body or out of Parliament as priuate men present your Grieuances vnto mee yet would I haue you to vse this caution in your behauiour in this point which is that your Grieuances be not as it were greedily sought out by you or taken vp in the streetes as one said thereby to shew a willingnesse that you would haue a shew made that there are many abuses in the gouernment and many causes of complaint but that according to your first institution ye should only meddle with such Grieuances as your selues doe know had neede of reformation or had informations thereof in your countreys for which you serue and not so to multiply them as might make it noised amongst the people that all things in the gouernment were amisse and out of frame For euen at the beginning of this very Session of Parliament the generall name of Grieuances being mentioned among you such a conceipt came in the heads of many that you had a desire to multiply and make a great muster of them as euery one exhibited what his particular spleene stirred him vnto Indeed there fell out an accident vpon this occasion for which I haue reason to thanke you of the Lower house I meane for your fire worke wherein I confesse you did Honour to me and right to your selues For hauing one afternoone found many Grieuances closely presented in papers and so all thrust vp in a sacke together rather like Pasquils then any lawfull Complaints farre against your owne Orders and diuers of them proceeding from grudging and murmuring spirits you vpon the hearing read two or three of the first lines of diuers of them were not content with a publique consent to condemne them and to discharge any further reading of them but you also made a publique bonefire of them In this I say you shewed your care and ielousie of my Honour and I sent you thankes for it by the Chancellour of the Exchequer a member of your owne House who by your appointment that same night acquainted me with your proceedings And by him also I promised at that time that you should heare more of my thankes for the same at the first occasion And now I tell you it my selfe that you may know how kindely I take your duetifull behauiour in this case But since this was a good effect of an euill cause I must not omit also to admonish you vpon the other part to take a course amongst your selues to preuent the like accident in all times hereafter otherwise the Lower house may become a place for Pasquils and at another time such Grieuances may be cast in amongst you as may conteine Treason or scandal against Me or my Posterity Therfore in this case looke ouer your ancient Orders follow them and suffer not hereafter

that must interprete but either cleare Law or solide reason But in Countreys where the formalitie of Law hath no place as in Denmarke which I may trewly report as hauing my selfe beene an eye-witnesse thereof all their State is gouerned onely by a written Law there is no Aduocate or Proctour admitted to plead onely the parties themselues plead their owne cause and then a man stands vp and reads the Law and there is an end for the very Law-booke it selfe is their onely Iudge Happy were all Kingdomes if they could be so But heere curious wits various conceits different actions and varietie of examples breed questions in Law And therefore when you heare the questions if they be plaine there is a plaine way in it selfe if they be such as are not plaine for mens inuentions dayly abound then are you to interprete according to common sense and draw a good and certaine Minor of naturall reason out of the Maior of direct Lawe and thereupon to make a right and trew Conclusion For though the Common Law be a mystery and skill best knowen vnto your selues yet if your interpretation be such as other men which haue Logicke and common sense vnderstand not the reason I will neuer trust such an Interpretation Remember also you are Iudges and not a Iudge and diuided into Benches which sheweth that what you doe that you should doe with aduice and deliberation not hastily and rashly before you well study the case and conferre together debating it duely not giuing single opinions per emendicata suffragia and so to giue your Iudgement as you will answer to God and me Now hauing spoken of your Office in generall I am next to come to the limits wherein you are to bound yourselues which likewise are three First Incroach not vpon the Prerogatiue of the Crowne If there fall out a question that concernes my Prerogatiue or mystery of State deale not with it till you consult with the King or his Councell or both for they are transcendent matters and must not be sliberely caried with ouer-rash wilfulnesse for so may you wound the King through the sides of a priuate person and this I commend vnto your speciall care as some of you of late haue done very well to blunt the sharpe edge and vaine popular humour of some Lawyers at the Barre that thinke they are not eloquent and bold spirited enough except they meddle with the Kings Prerogatiue But doe not you suffer this for certainely if this liberty be suffered the Kings Prerogatiue the Crowne and I shall bee as much wounded by their pleading as if you resolued what they disputed That which concernes the mysterie of the Kings power is not lawfull to be disputed for that is to wade into the weakenesse of Princes and to take away the mysticall reuerence that belongs vnto them that sit in the Throne of God Secondly That you keepe yourselues within your owne Benches not to inuade other Iurisdictions which is vnfit and an vnlawful thing In this I must inlarge my selfe Besides the Courts of Common Law there is the Court of Requests the Admiraltie Court the Court of the President and Councell of Walles the President and Councell of the North High Commission Courts euery Bishop in his owne Court These Courts ought to keepe their owne limits and boundes of their Commission and Instructions according to the ancient Presidents And like as I declare that my pleasure is that euery of these shall keepe their owne limits and boundes So the Courts of Common Lawe are not to encroach vpon them no more then it is my pleasure that they should encroach vpon the Common Law And this is a thing Regall and proper to a King to keepe euery Court within his owne bounds In Westminster Hall there are foure Courts Two that handle causes Ciuill which are the Common-pleas and the Exchequer Two that determine causes Criminall which are the Kings-Bench and the Starre-Chamber where now I sit The Common-Pleas is a part and branch of the Kings-Bench for it was first all one Court and then the Common-Pleas being extracted it was called Common-Pleas because it medled with the Pleas of Priuate persons and that which remained the Kings-Bench The other of the Courts for ciuill Causes is the Exchequer which was ordeined for the Kings Reuenew That is the principall Institution of that Court and ought to be their chiefe studie and as other things come orderly thither by occasion of the former they may be handled and Iustice there administred Keepe you therefore all in your owne bounds and for my part I desire you to giue me no more right in my priuate Prerogatiue then you giue to any Subiect and therein I will be acquiescent As for the absolute Prerogatiue of the Crowne that is no Subiect for the tongue of a Lawyer nor is lawfull to be disputed It is Athiesme and blasphemie to dispute what God can doe good Christians content themselues with his will reuealed in his word so it is presumption and high contempt in a Subiect to dispute what a King can doe or say that a King cannot doe this or that but rest in that which is the Kings reuealed will in his Law The Kings-Bench is the principall Court for criminall causes and in some respects it deales with Ciuill causes Then is there a Chancerie Court this is a Court of Equitie and hath power to deale likewise in Ciuill causes It is called the dispenser of the Kings Conscience following alwayes the intention of Law and Iustice not altering the Law not making that blacke which other Courts made white nor è conuerso But in this it exceeds other Courts mixing Mercie with Iustice where other Courts proceed onely according to the strict rules of Law And where the rigour of the Law in many cases will vndoe a Subiect there the Chancerie tempers the Law with equitie and so mixeth Mercy with Iustice as it preserues men from destruction And thus as before I told you is the Kings Throne established by Mercy and Iustice The Chancerie is vndependant of any other Court and is onely vnder the King There it is written Teste meipso from that Court there is no Appeale And as I am bound in my Conscience to maintaine euery Courts Iurisdiction so especially this and not suffer it to sustaine wrong yet so to maintaine it as to keepe it within the owne limits and free from corruption My Chancellour that now is I found him Keeper of the Seale the same place in substance although I gaue him the Stile of Chancellour and God hath kept him in it till now and I pray God he may hold it long and so I hope he will He will beare mee witnesse I neuer gaue him other warrant then to goe on in his Court according to Presidents warranted by Law in the time of the best gouerning Kings and most learned Chancellours These were the limits I gaue vnto him beyond the same limits he hath promised me he

will neuer goe And as he hath promised me to take no other Iurisdiction to himselfe so is it my promise euer to maintaine this Iurisdiction in that Court Therefore I speake this to vindicate that Court from misconceipt and contempt It is the duetie of Iudges to punish those that seeke to depraue the proceedings of any the Kings Courts and not to encourage them any way And I must confesse I thought it an odious and inept speach and it grieued me very much that it should be said in Westminster Hall that a Premunire lay against the Court of the Chancery and Officers there How can the King grant a Premunire against himselfe It was a foolish inept and presumptuous attempt and fitter for the time of some vnworthy King vnderstand mee aright I meane not the Chancerie should exceed his limite but on the other part the King onely is to correct it and none else And therefore I was greatly abused in that attempt For if any was wronged there the complaint should haue come to mee None of you but will confesse you haue a King of reasonable vnderstanding and willing to reforme why then should you spare to complaine to me that being the high way and not goe the other way and backe-way in contempt of our Authoritie And therefore sitting heere in a seat of Iudgement I declare and command that no man hereafter presume to sue a Premunire against the Chancery which I may the more easily doe because no Premunire can bee sued but at my Suit And I may iustly barre my selfe at mine owne pleasure As all inundations come with ouerflowing the bankes and neuer come without great inconuenience and are thought prodigious by Astrologers in things to come So is this ouerflowing the bankes of your Iurisdiction in it selfe inconuenient and may proue prodigious to the State Remember therefore that hereafter you keepe within your limits and Iurisdictions It is a speciall point of my Office to procure and command that amongst Courts there bee a concordance and musicall accord and it is your parts to obey and see this kept And as you are to obserue the ancient Lawes and customes of England so are you to keepe your selues within the bound of direct Law or Presidents and of those not euery snatched President carped now here now there as it were running by the way but such as haue neuer beene controuerted but by the contrary approued by common vsage in times of best Kings and by most learned Iudges The Starre-Chamber Court hath bene likewise shaken of late and the last yeere it had receiued a sore blow if it had not bene assisted and caried by a few voyces The very name of Starre-Chamber seemeth to procure a reuerence to the Court. I will not play the Criticke to descant on the name It hath a name from heauen a Starre placed in it and a Starre is a glorious creature and seated in a glorious place next vnto the Angels The Starre-Chamber is also glorious in substance for in the composition it is of foure sorts of persons The first two are Priuie Counsellours and Iudges the one by wisedome in matters of State the other by learning in matters of Law to direct and order all things both according to Law and State The other two sorts are Peeres of the Realme and Bishops The Peeres are there by reason of their greatnesse to giue authority to that Court The Bishops because of their learning in Diuinitie and the interest they haue in the good gouernment of the Church And so both the learning of both Diuine and humane Law and experience and practise in Gouernment are conioyned together in the proceedings of this Court There is no Kingdome but hath a Court of Equitie either by it selfe as is heere in England or else mixed and incorporate in their Office that are Iudges in the Law as it is in Scotland But the order of England is much more perfect where they are diuided And as in case of Equitie where the Law determines not clearely there the Chancerie doeth determine hauing Equitie belonging to it which doeth belong to no other Court So the Starre-Chamber hath that belonging to it which belongs to no other Court For in this Court Attempts are punishable where other Courts punish onely facts And also where the Law punisheth facts easily as in case of Riots or Combates there the Starre-Chamber punisheth in a higher degree And also all combinations of practises and conspiracies And if the King be dishonoured or contemned in his Prerogatiue it belongeth most properly to the Peeres and Iudges of this Court to punish it So then this Court being instituted for so great causes it is great reason it should haue great honour Remember now how I haue taught you brotherly loue one toward another For you know well that as you are Iudges you are all brethren and your Courts are sisters I pray you therefore labour to keepe that sweete harmonie which is amongst those sisters the Muses What greater miserie can there bee to the Law then contempt of the Law and what readier way to contempt then when questions come what shall bee determined in this Court and what in that Whereupon two euils doe arise The one that men come not now to Courts of iustice to heare matters of right pleaded and Decrees giuen accordingly but onely out of a curiositie to heare questions of the Iurisdictions of Courts disputed and to see the euent what Court is like to preuaile aboue the other And the other is that the Pleas are turned from Court to Court in an endlesse circular motion as vpon Ixions wheele And this was the reason why I found iust fault with that multitude of Prohibitions For when a poore Minister had with long labour and great expence of charge and time gotten a sentence for his Tithes then comes a Prohibition and turnes him round from Court to Court and so makes his cause immortall and endlesse for by this vncertaintie of Iurisdiction amongst Courts causes are scourged from Court to Court and this makes the fruit of Suits like Tantalus fruite still neere the Suiters lips but can neuer come to taste it And this in deed is a great delay of Iustice and makes causes endlesse Therefore the onely way to auoyd this is for you to keepe your owne bounds and nourish not the people in contempt of other Courts but teach them reuerence to Courts in your publique speaches both in your Benches and in your Circuits so shall you bring them to a reuerence both of GOD and of the King Keepe therefore your owne limits towards the King towards other Courts and towards other Lawes bounding your selues within your owne Law and make not new Law Remember as I said before that you are Iudges to declare and not to make Law For when you make a Decree neuer heard of before you are Law-giuers and not Lawtellers I haue laboured to gather some Articles like an Index expurgatorius of nouelties new

victuals and fewel that must be for such a multitude of people And these buildings serue likewise to harbour the worst sort of people as Alehouses and Cottages doe I remember that before Christmas was Twelue-moneth I made a Proclamation for this cause That all Gentlemen of qualitie should depart to their owne countreys and houses to maintaine Hospitalitie amongst their neighbours which was equiuocally taken by some as that it was meant onely for that Christmas But my will and meaning was and here I declare that my meaning was that it should alwayes continue One of the greatest causes of all Gentlemens desire that haue no calling or errand to dwell in London is apparently the pride of the women For if they bee wiues then their husbands and if they be maydes then their fathers must bring them vp to London because the new fashion is to bee had no where but in London and here if they be vnmarried they marre their marriages and if they be married they loose their reputations and rob their husbands purses It is the fashion of Italy especially of Naples which is one of the richest parts of it that all the Gentry dwell in the principall Townes and so the whole countrey is emptie Euen so now in England all the countrey is gotten into London so as with time England will onely be London and the whole countrey be left waste For as wee now doe imitate the French fashion in fashion of Clothes and Lackeys to follow euery man So haue wee got vp the Italian fashion in liuing miserably in our houses and dwelling all in the Citie but let vs in Gods Name leaue these idle forreine toyes and keepe the old fashion of England For it was wont to be the honour and reputation of the English Nobilitie and Gentry to liue in the countrey and keepe hospitalitie for which we were famous aboue all the countreys in the world which wee may the better doe hauing a soile abundantly fertile to liue in And now out of my owne mouth I declare vnto you which being in this place is equall to a Proclamation which I intend likewise shortly hereafter to haue publikely proclaimed that the Courtiers Citizens and Lawyers and those that belong vnto them and others as haue Pleas in Terme time are onely necessary persons to remaine about this Citie others must get them into the Countrey For beside the hauing of the countrey desolate when the Gentrie dwell thus in London diuers other mischiefes arise vpon it First if insurrections should fall out as was lately seene by the Leuellers gathering together what order can bee taken with it when the countrey is vnfurnished of Gentlemen to take order with it Next the poore want reliefe for fault of the Gentlemens hospitalitie at home Thirdly my seruice is neglected and the good gouernment of the countrey for lacke of the principall Gentlemens presence that should performe it And lastly the Gentlemen lose their owne thrift for lacke of their owne presence in seeing to their owne businesse at home Therefore as euery fish liues in his owne place some in the fresh some in the salt some in the mud so let euery one liue in his owne place some at Court some in the Citie some in the Countrey specially at Festiuall times as Christmas and Easter and the rest And for the decrease of new Buildings heere I would haue the builders restrained and committed to prison and if the builders cannot be found then the workemen to be imprisoned and not this onely but likewise the buildings to bee cast downe I meane such buildings as may be ouerthrowen without inconuenience and therefore that to be done by order and direction There may be many other abuses that I know not of take you care my Lords the Iudges of these and of all other for it is your part to looke vnto them I heare say robbery begins to abound more then heretofore and that some of you are too mercifull I pray you remember that mercy is the Kings not yours and you are to doe Iustice where trew cause is And take this for a rule of Policie That what vice most abounds in a Common-wealth that must be most seuerely punished for that is trew gouernment And now I will conclude my Speach with GOD as I began First that in all your behauiours aswell in your Circuits as in your Benches you giue due reuerence to GOD I meane let not the Church nor Church-men bee disgraced in your Charges nor Papists nor Puritanes countenanced Countenance and encourage the good Church-men and teach the people by your example to reuerence them for if they be good they are worthy of double honour for their Office sake if they be faultie it is not your place to admonish them they haue another Forum to answere to for their misbehauiour Next procure reuerence to the King and the Law enforme my people trewly of mee how zealous I am for Religion how I desire Law may bee maintained and flourish that euery Court should haue his owne Iurisdiction that euery Subiect should submit himselfe to Law So may you liue a happie people vnder a iust KING freely enioying the fruite of PEACE and IVSTICE as such a people should doe Now I confesse it is but a Tandem aliquando as they say in the Schooles that I am come hither Yet though this bee the first it shall not with the grace of GOD bee the last time of my comming now my choice is taken away for hauing once bene here a meaner occasion may bring mee againe And I hope I haue euer caried my selfe so and by GODS grace euer will as none will euer suspect that my comming here will be to any partiall end for I will euer bee carefull in point of Iustice to keepe my selfe vnspotted all the dayes of my life And vpon this my generall protestation I hope the world will know that I came hither this day to maintaine the Law and doe Iustice according to my Oath IMPRINTED AT LONDON BY ROBERT BARKER AND IOHN BILL PRINTERS TO THE KINGS MOST EXCELLENT MAIESTIE ANNO DOM. 1616. Cum Priuilegio

sacred Name of God nor should hee haue marshalled the passage of a Royall Poet after the example of an heathen Oratour Neither will J giue any touch to his conceit of the Romane conquests 2 Pag. 4. which the L. Cardinall bestoweth in the list of Gods graces and temporall blessings as a recompence of their zeale to the seruice and worship of Idols As if God were a recompencer of wickednes or as if the forcible eiecting of Tenants out of their farmes and other possessions might be reckoned among the blessings of God Nor to that of the MilesianVirgins Pag. 7. 8. dragged stark-naked after they were dead which the L. Cardinall drawes into his discourse for an example of the eternall torments denounced by the Lawes Ecclesiasticall to be inflicted after this life Nor to his exposition of the word Problematicall Pag. 13. where he giueth to vnderstand that by Problematicall hee meaneth such things as are of no necessitie to matter of faith and in case men shall beleeue the contradictory of the said points they are not bound for such beleefe to vndergoe the solemne curse of the Church and the losse of communion Whereas Aristotle Aristet 1. top cap. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sound both one thing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prouided the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or vtrùm do stand before as Vtrum homo sit animal of whom all Schooles haue borrowed their tearmes hath taught vs that euery proposition is called a Probleme when it is propounded in a formall doubt though in it proper nature it containes a necessary trewth concerning the matter therof As for example to say in forme of question Whether is there but one God or Whether is man a creature indued with reason By which examples it is plaine that propositions in problematicall forme doe not forgoe the necessitie of their nature and that many times the contradictory binds the beleeuers thereof to Anathema and losse of communion There is a confused heape or bundle of other like toyes which my purpose is to passe ouer in silence that J may now come to cast anchor as it were in the very bottome and substance of the cause A REMONSTRANCE FOR THE RIGHT OF KINGS AND THE INDEPENDANCE OF THEIR CROVVNES Against an Oration of the most Illustrious Cardinall of PERRON pronounced in the Chamber of the third Estate The 15. of Ianuar. 1615. THE L. Cardinall euen in the first passage of his Oration hath laid a firme foundation That Ecclesiastics in France are more deepely obliged to the King then the Nobilitie and third Estate His reason Because the Clergie doe sweetly enioy their dignities and promotions with all their infinite wealth of the Kings meere grace without all danger and with faire immunities whereas the other two Orders hold their offices by a chargeable and burdensome title or tenure euen to the great expence of their blood and of their substance But see now how loose and weake a frame he hath erected and pinned together vpon his firme and solide foundation Ergo the third Estate is to lay all care to prouide remedies against apposted cut-throats vpon the Clergy and the said remedies as he boldly affirms must be deriued from the laws of conscience which may carry an effectuall acting or operatiue efficacie vpon the soule and not from ciuil or temporall punishments Now this consequence limpeth like a lame creple after the premises For it is no vsuall and common matter to see men that are deepest in obligation performe their duties and couenants with most fidelity Againe were it graunted the Clergie had well hitherto demonstrated their carefull watching ouer the life and honour of their Prince yet is it not for spirituall punishments thundred by Ecclesiastics to bind the hands of the ciuill Magistrate nor to stop the current of temporall punishments which ordinarily doe carrie a greater force and vertue to the bridling of the wicked then the apprehension of Gods iudgement The third Estate therefore by whom all the officers of France are properly represented as to whom the administration of iustice and protection of the Kings rights and Honour doth appertaine can deserue no blame in carrying so watchfull an eye by their wholesome remedie to prouide for the safetie of the King and for the dignitie of his Crowne For if the Clergie shall not stand to their tackle but shrinke when it commeth to the push of their duetie who shall charge themselues with carefull foresight and preuention of mischiefes Shall not the people Now haue not all the calamities which the third Estate haue sought prouidently to preuent haue they not all sprung from the Clergie as from their proper and naturall fountaine From whence did the last ciuill warres wherein a world of blood was not more profusely then prodigiously and vnnaturally spilt and wherein the parricide of King Henrie III. was impiously and abominably committed from whence did those bloodie warres proceed but from the deposing of the said King by the Head of the Church Were they not Prelats Curats and Confessours were they not Ecclesiastics who partly by seditious preachments and partly by secret confessions powred many a iarre of oyle vpon this flame Was not he that killed the forenamed King was not he one of the Clergie Was not Guignard a Iesuite Was not Iohn Chastel brought vp in the same schoole Did not Rauaillac that monster of men vpon interrogatories made at his examination among the rest by whom he had beene so diabolically tempted and stirred vp to his most execrable attempt and act of extreme horror did not he referre his examiners to the Sermons made the Lent next before where they might be satisfied concerning the causes of his abominable vndertaking and execution Are not Bellarmine Eudaemonoiohannes Suarez Becanus Mariana with such other monsters who teach the doctrine of parricides vphold the craft of Ianus-like Equiuocations in Courts of Iustice and in secret confessions are they not all Clerics are not all their bookes approoued and allowed as it were by a corporation or grosse companie of Doctors with their signes manuel to the said bookes What were the heads the chiefe promoters the complices of the powder-conspiracie in my Kingdome were they not Ecclesiastics Hath not Faux by name a confederate of the same damned crew hath not he stoutly stood to the gunners part which then he was to act in that most dolefull Tragedie with asseueration of a conscience well assured and setled touching the lawfulnesse of his enterprise Did he not yeild this reason to wit because he had bin armed with instruction of musket proofe in the case before he made passage ouer from the Low Countries Is it not also the generall beleefe of that Order that Clerics are exempted from the condition of Subiects to the King Nay Pag. 7. is it not confessed by the L. Cardinall himselfe that King-killers haue ingaged themselues to vndertake the detestable act of parricide vnder a false credence of