GIVE THY IVDGEMENTS TO THE KING, O GOD, AND THY RIGHTEOVSNES TO THE KINGS SONNE.

These be the first words of one of the Psalmes of the Kingly Prophet Dauid, whereof the literall sense runnes vpon him, and his sonne Salomon, and the mysticall sense vpon GOD and CHRIST his eternall Sonne: but they are both so wouen together, as some parts are, and can onely bee properly applied vnto GOD and CHRIST, and other parts vnto Dauid and Salomon, as this Verse, Giue thy Iudgements to the King, 0 God, and thy Righteousnesse to the Kings Sonne, cannot be properly spoken of any, but of Dauid and his sonne; because it is said, Giue thy Iudgements, &c. Now God cannot giue to himselfe. In another part of the same Psalme, where it is said, that Righteousness shall flourish, and abundance of Peace, as long as the Moone endureth, it signifieth eternitie, and cannot be properly applied but to GOD and CHRIST: But both senses, aswell literall as mysticall, serue to Kings for imitation, and especially to Christian Kings: for Kings sit in the Throne of GOD, and they themselues are called Gods.

And therefore all good Kings in their gouernment, must imitate GOD and his Christ, in being iust and righteous; Dauid and Salomon, in being godly and wise: To be wise, is vnderstood, able to discerne, able to iudge others: To be godly is, that the fountaine be pure whence the streames proceed: for what auailes it though all his workes be godly, if they proceed not from godlinesse: To bee righteous, is to a mans selfe: To bee iust, is towards others. But Iustice in a King auailes not, vnlesse it be with a cleane heart: for except he bee Righteous aswell as Iust, he is no good King; and whatsoeuer iustice he doeth; except he doeth it for Iustice sake, and out of the purenesse of his owne heart, neither from priuate ends, vaine-glory, or any other by-respects of his owne, all such Iustice is vn- righteousnesse, and no trew Iustice. From this imitation of GOD and CHRIST, in whose Throne wee sit, the gouernment of all Common-wealths, and especially Monarchies, hath bene from the beginning setled and established. Kings are properly Iudges, and Iudgement properly belongs to them from GOD: for Kings sit in the Throne of GOD, and thence all Iudgement is deriued.

In all well setled Monarchies, where Law is established formerly and orderly, there Iudgement is deferred from the King to his subordinate Magistrates; not that the King takes it from himselfe, but giues it vnto them: So it comes not to them Priuatiuè, but cumulatiuè, as the Shoolemen speake. The ground is ancient, euer sithence that Counsell which Iethro gaue to Moses: for after that Moses had gouerned a long time, in his owne person, the burthen grew so great, hauing none to helpe him, as his father in law comming to visite him, found him so cumbred with ministring of Iustice, that neither the people were satisfied, not he well able to performe it; Therefore by his aduice, Iudges were deputed for easier questions, and the greater and more profound were left to Moses: And according to this estab- lishement, all Kings that haue had a formall gouernement, especially Christian Kings in all aages haue gouerned their people, though after a diuers maner.

This Deputation is after one manner in France, after another here, and euen my owne Kingdomes differ in this point of gouernment: for Scotland differs both from France and England herein; but all agree in this, (I speake of such King- domes or States where the formalitie of Law hath place)that the King that sits in Gods Throne, onely deputes subalterne Iudges, and he deputes not one but a number (for no one subalterne Iudges mouth makes Law) and their office is to interprete Law, and administer Iustice. But as to the number of them, the forme of gouernement, the maner of interpretation, the distinction of Benches, the diuersitie of Courts; these varie according to the varietie of gouernment, and institution of diuers Kings: So this ground I lay, that the seate of Iudgement is properly Gods, and Kings are Gods Vicegerents; and by Kings Iudges are deputed vnder them, to beare the burden of gouernement, according to the first example of Moses by the aduice of Iethro, and sithence practised by Dauid and Salomon, the wisest Kings that euer were; which is in this Psalme so interlaced, that as the first verse cannot be applied properly but to Dauid and Salomon, in the words, Giue thy Iudgments to the King, &c. So the other place in the same Psalm Righteousness shall flourish, and abundance of peace shall remaine as long as the Moone endureth, properly signifieth the eternitie of CHRIST. This I speake, to shew what a neere coniunction there is betweene God and the King vpward, and the King and his Iudges downewards: for the same coniunction that is betweene God and the King vpward; the same coniunction is betweene the King and his Iudges downewards.

As Kings borrow their power from God, so Iudges from Kings: And as Kings are to accompt to God, so Iudges vnto God and Kings; and both Kings and Judges by imitation, haue two qualities from God and his Christ, and two qualities from Dauid and his Salomon: Iudgement and Righteousnesse, from God and Christ: Godlinesse and Wisedome from Dauid and Salomon. And as no King can discharge his accompt to God, vnlesse he make conscience not to alter, but to declare and establish the will of God: So Iudges cannot discharge their accompts to Kings, vnlesse they take the like care, not to take vpon them to make Law, but ioyned together after a deliberate consultation, to declare what the Law is; For as Kings are subiect vnto Gods Law, so they to mans Law. It is the Kings Office to protect and settle the trew interpretation of the Law of God within his Do- minions: And it is the Iudges Office to interprete the Law of the King, whereto themselues are also subiect.

Hauing now perfourmed this ancient Prouerbe, A Ioue principium; which though it was spoken by a Pagan, yet it is good and holy: I am now to come to my particular Errand, for which I am heere this day; wherein I must handle two parts: First, the reason why I haue not these fourteene yeeres, sithence my Coro- nation vntill now, satisfied a great many of my louing subiects, who I know haue had a great expectation, and as it were a longing, like them that are with child, to heare mee speake in this place, where my Predecessors haue often sitten, and especially King Henry the seuenth, from whom, as diuers wayes before, I am lineally descended, and that doubly to this Crowne; and as I am neerest de- scended of him, so doe I desire to follow him in his best actions.

The next part is the reason, Why I am now come: The cause that made mee abstaine, was this: When I came into England, although I was an old King, past middle aage, and practised in gouernment euer sithence I was twelue yeeres olde; yet being heere a stranger in gouernement, though not in blood, because my breed- ing was in another Kingdome; I resolued therefore with Pythagoras to keepe silence seuen yeeres, and learne my selfe the Lawes of this Kingdome, before I would take vpon mee to teach them vnto others: When this Apprentiship was ended, then another impediment came, which was in the choice of that cause, that should first bring me hither. I expected some great cause to make my first entry vpon: For I thought that hauing abstained so long, it should be a worthy matter that should bring mee hither. Now euery cause must be great or small: In small causes I thought it disgracefull to come, hauing beene so long absent: In great causes, they must be either betwixt the King and some of his Subiects, or betwixt Subiect and Subiect.

In a cause where my selfe was concerned, I was loath to come, because men should not thinke I did come for my owne priuate, either Prerogatiue or profit; or for any other by-respect: And in that case I will alwayes abide the triall of men and Angels, neuer to haue had any particular end, in that which is the Maine of all things, Iustice.

In a great cause also betweene partie and partie, great in respect either of the question, or value of the thing, my comming might seeme, as it were obliquely, to be in fauour of one partie, and for that cause this Counsellour, or that Courtier might be thought to mooue me to come hither; And a meane cause was not worthy of mee, especially for my first entrance: So lacke of choice in both respects kept mee off till now: And now hauing passed a double apprentiship of twice seuen yeeres, I am come hither to speake vnto you. And next as to the reasons of my comming at this time, they are these.

I haue obserued in the time of my whole Reigne here, and my double Appren- tiship, diuers things fallen out in the Iudicatures here at Westminster Hall, that I thought required and vrged a reformation at my hands; whereupon I resolued with my selfe, that I could not more fitly begin a reformation, then here to make an open declaration of my meaning. I remember Christs saying, My sheepe heare my voyce, and so I assure my selfe, my people will most willingly heare the voyce of me, their owne Shepheard and King; whereupon I tooke this occasion in mine owne person here in this Seate of Iudgement, not iudicially, but declaratorily and openly to giue those directions, which, at other times, by piece-meale, I haue deliuered to some of you in diuers lesse publike places; but now will put it vp in all your audience, where I hope it shall bee trewly carried, and cannot be mistaken, as it might haue bene when it was spoken more priuately: I will for order sake take mee to the methode of the number of Three, the number of perfection, and vpon that number distribute all I haue to declare to you.

First, I am to giue a charge to my selfe: for a King, or Iudge vnder a King, that first giues not a good charge to himselfe, will neuer be able to giue a good charge to his inferiours; for as I haue said, Good riuers cannot flow but from good springs; if the fountaine be impure, so must the riuers be.

Secondly, to the Iudges: And thirdly, to the Auditory, and the rest of the inferiour ministers of Iustice.

First, I protest to you all, in all your audience, heere sitting in the seate of Iustice, belonging vnto GOD, and now by right fallen vnto mee, that I haue re- solued, as Confirmation in Maioritie followeth Baptisme in minoritie; so now after many yeeres, to renew my promise and Oath made at my Coronation con- cerning Iustice, and the promise therein for maintenance of the Law of the Land. And I protest in GODS presence, my care hath euer beene to keepe my conscience cleare in all the points of my Oath, taken at my Coronation, so farre as humane frailitie may permit mee, or my knowledge enforme mee, I speake in point of Iustice and Law; For Religion, I hope I am reasonably well knowen already: I meane therefore of Lawe and Iustice; and for Law, I meane the Common Law of the Land, according to which the King gouernes, and by which the people are gouerned. For the Common Law, you can all beare mee witnesse, I neuer pressed alteration of it in Parliament; but on the contrary, when I endeauoured most an Vnion reall, as was already in my person, my desire was to conforme the Lawes of Scotland to the Law of England, and not the Law of England to the Law of Scot- land; and so the prophecie to be trew of my wise Grandfather Henry the seuenth, who foretold that the lesser Kingdome by marriage, would follow the greater, and not the greater the lesser; And therefore married his eldest daughter Margaret to Iames the fourth, my great Grandfather.

It was a foolish Querke of some Iudges, who held that the Parliament of Eng- land, could not vnite Scotland and England by the name of Great Britaine, but that it would make an alteration of the Lawes, though I am since come to that knowl- edge, that an Acte of Parliament can doe greater wonders: And that old wise man the Treasourer Burghley was wont to say, Hee knew not what an Acte of Parlia- ment could not doe in England; For my intention was alwayes to effect vnion by vniting Scotland to England, and not England to Scotland: For I euer meant, being euer resolued, that this Law should continue in this Kingdome, and two things mooued mee thereunto; One is, that in matter of Policie and State, you shall neuer see any thing anciently and maturely established, but by Innouation or alteration it is worse then it was, I meane not by purging of it from corruptions, and restoring it to the ancient integritie; Another reason was, I was sworne to maintaine the Law of the Land, and therefore I had beene periured if I 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, &c; 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 LAW: And by this all Common and municipall Lawes must be gouerned: And except they haue dependance vpon this Law, they are vniust and unlawfull.

When I speake of that Law, I onely giue this touch, That that Law in this King- dome 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 LAW; 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 ENG- LAND, 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 con- tempt, 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 cus- tome 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: Incer- taintie 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 him- selfe, 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 onely 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 practice, 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 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 delibera- tion, not hastily and rashly, before you well study the case, and conferre together; debating it duely, not gluing 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 your selues, 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 Prero- gatiue: 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 plead- ing, 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 weak- nesse of Princes, and to take away the mysticall reuerence, that belongs vnto them that sit in the Throne of God.

Secondly, That you keepe your selues 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 Re- quests; the Admiraltie Court; the Court of the President and Councell of Wales, 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 Commis- sion and Instructions, according to the ancient Presidents: And like as I declare that mypleasure 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 re- mained, the King-Bench. The other of the Courts for ciuill Causes, is the Ex- chequer, 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 Justice.

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 Presi- dents, 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 con- fesse 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 be 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 Iurisdic- tions. 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 sub- stance: 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 Judges 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 clearly, there the Chancerie doeth determine, hauing Equitie belonging to it, which doeth belong to no other Court: So the Starre-Chamber hath that belong- ing 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 con- spiracles; 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 dispu- ted, 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 Law-tellers.

I haue laboured to gather some Articles, like an Index expurgatorius, of nouel- ties new crept into the Law, and I haue it ready to bee considered of: Looke to. Plowdens Cases, and your old Responsa prudentum; if you finde it not there, lL..n (ab initio non fuit sic) I must say with CHRIST, Away with the new polygamie, and maintaine the ancient Law pure and vndefiled, as it was before.

To the Auditory I haue but little to say, yet that little will not bee ill bestowed to be said at this time.

Since I haue now renewed and confirmed my resolution to maintaine my Oath, the Law and Iustice of the Land; So doe I expect, that you my Subiects doe sub- mit your selues as you ought, to the obseruance of that Law.

And as I haue diuided the two former parts of my Charge; So will I diuide this your submission into three parts; for orderly diuisions and methode, cause things better to be remembred.

First in generall, that you giue due reuerence to the Law; and this generall diuides it selfe into three.

First, not to sue, but vpon iust cause.

Secondly, beeing sued, and Iudgement passed against you, Acquiesce in the Iudgement, and doe not tumultuate against it; and take example from mee, whom you haue heard here protest, that when euer any Decree shall be giuen against me in my priuate right, betweene me and a Subiect, I will as humbly acquiesce as the meanest man in the Land. Imitate me in this, for in euery Plea there are two parties, and Iudgement can be but for one, and against the other; so one must alwayes be displeased.

Thirdly, doe not complaine and importune mee against Iudgements; for I hold this Paradoxe to bee a good rule in Gouernment, that it is better for a King to maintaine an vniust Decree, then to question euery Decree and Iudgement, after the giuing of a sentence, for then Suites shall neuer haue end: Therefore as you come gaping to the Law for Justice, so bee satisfied and contented when Iudgement is past against you, and trouble not mee; but if you finde briberie or corruption, then come boldly: but when I say boldly, beware of comming to com- plaine, except you bee very sure to prooue the iustice of your cause: Otherwise looke for Lex Talionis to bee executed vpon you; for your accusing of an vpright Judge, deserues double punishment, in that you seeke to lay infamie vpon a worthy person of that reuerent calling.

And be not tild on with your own Lawyers tales, that say the cause is iust for their owne gaine; but beleeue the Iudges that haue no hire but of me.

Secondly, in your Pleas, persume not to meddle with things against the Kings Prerogatiue, or Honour: Some Gentlemen of late haue beene too bold this wayes; If you vse it, the Iudges will punish you; and if they suffer it, I must punish both them and you. Plead not vpon new Puritanicall straines, that make all things popular; but keepe you within the ancient Limits of Pleas.

Thirdly, make not many changes from Court to Court: for hee that changeth Courts, shewes to mistrust the iustnesse of the cause. Goe to the right place, and the Court that is proper for your cause; change not thence, and submit your selues to the Iudgement giuen there.

Thus hauing finished the Charge to my selfe, the Iudges and the Auditorie, I am to craue your pardon if I haue forgotten any thing, or beene inforced to break my Methode; for you must remember, I come not hither with a written Sermon: I haue no Bookes to read it out of, and a long speach, manifold businesse, and a little leasure may well pleade pardon for any fault of memorie; and trewly I know not if I haue forgotten any thing or not.

And now haue I deliuered, First my excuse, why I came not till now: Next, the reasons why I came now: Thirdly, my charge, and that to my selfe, to you my Lords the Iudges, and to the Auditory.

I haue also an ordinary charge that I vse to deliuer to the Iudges before my Councell, when they goe their Circuits; and seeing I am come to this place, you shall haue that also, and so I will make the old saying trew, Combe seldome, combe sore, I meane by my long deteining you at this time, which will bee so much the more profitable in this Auditorie; because a number of the Auditorie will be informed here, who may relate it to their fellow Iustices in the countrey.

My Lords the Iudges, you know very well, that as you are Iudges with mee when you sit here; so are you Iudges vnder mee, and my Substitutes in the Circuits, where you are Iudges Itinerant to doe Iustice to my people.

It is an ancient and laudable custome in this Kingdome, that the Iudges goe thorow the Kingdome in Circuits, easing the people thereby of great charges, who must otherwise come from all the remote parts of the Kingdome to Westminister Hall, for the finding out and punishing of offences past, and preuenting the offences that may arise.

I can giue you no other charge in effect, but onely to remember you againe of the same in substance which I deliuered to you this time Twelue-moneth.

First, Remember that when you goe your Circuits, you goe not onely to punish and preuent offences, but you are to take care for the good gouernment in gen- erall of the parts where you trauell, as well as to doe Iustice in particular betwixt party and party, in causes criminall and ciuill.

You haue charges to giue to Iustices of peace, that they doe their dueties when you are absent, aswell as present: Take an accompt of them, and report their seruice to me at your returne.

As none of you will hold it sufficient to giue a charge, except in taking the ac- compt, you finde the fruit of it: So I say to you, it will not bee sufficient for you, to heare my charge, if at your returne you bring not an accompt to the haruest of my sowing, which cannot be done in generall, but in making to me a particular report what you haue done.

For, a King hath two Offices.

First, to direct things to be done:

Secondly, to take an accompt how they are fulfilled; for what is it the better for me to direct as an Angel, if I take not accompt of your doings.

I know not whether misunderstanding, or slacknesse bred this, that I had no accompt but in generall, of that I gaue you in particular in charge the last yeere: Therefore I now charge you againe, that at your next returne, you repaire to my Chancellour, and bring your accompts to him in writing, of those things which in particular I haue giuen you in charge: And then when I haue seene your accompts as occasion shall serue, it may bee I will call for some of you, to be informed of the state of that part of the countrey where your Circuit lay.

Of these two parts of your seruice, I know the ordinary Legall part of Nisi prius is the more profitable to you: But the other part of Iustice is more neces- sary for my seruice. Therefore as CHRIST said to the Pharises, Hoc agite, as the most principall: yet I will say, Et illud non omittite: which, that you may the better doe, I haue allowed you a day more in your Circuits, then my Predeces- sours haue done.

And this you shall finde, that euen as a King, (let him be neuer so godly, wise, righteous, and iust) yet if the subalterne Magistrates doe not their parts vnder him, the Kingdome must needes suffer: So let the Iudges bee neuer so carefull and industrious, if the Iustices of Peace vnder them, put not to their helping hands, in vaine is all your labour: For they are the Kings eyes and eares in the countrey. It was an ancient custome, that all the Iudges both immediately before their going to their Circuits, and immediately vpon their returne, repaired to the Lord Chancellour of England, both to receiue what directions it should please the King by his mouth to giue vnto them; as also to giue him an accompt of their labours, who was to acquaint the King therewith: And this good ancient cus- tome hath likewise beene too much slacked of late; And therefore first of all, I am to exhort and command you, that you be carefull to giue a good accompt to me and my Chancellour, of the dueties performed by all Iustices of Peace in your Circuits: Which gouernment by Iustices, is so laudable and so highly esteemed by mee, that I haue made Scotland to bee gouerned by Iustices and Constables, as England is. And let not Gentlemen be ashamed of this Place; for it is a place of high Honour, and great reputation, to be made a Minister of the Kings Iustice, in seruice of the Common-wealth.

Of these there are two sorts, as there is of all Companies, especially where there is a great number; that is, good and bad Iustices: For the good, you are to enforme me of them, that I may know them, thanke them, and reward them, as occasion serues: For I hold a good Iustice of Peace in his Countrey, to doe mee as good seruice, as hee that waites vpon mee in my Priuie Chamber, and as ready will I be to reward him; For I accompt him as capable of any Honour, Office, or preferment about my Person, or for any place of Councell or State, as well as any Courteour that is neere about mee, or any that haue deserued well of me in for- reine employments: Yea, I esteeme the seruice done me by a good Iustice of Peace, three hundred miles, yea sixe hundred miles out of my sight, as well as the seruice done me in my presence: For as God hath giuen me large limits, so must I be carefull that my prouidence may reach to the farthest parts of them: And as Law cannot be honoured, except Honour be giuen to Iudges: so without due respect to Iustices of Peace, what regard will be had of the seruice ?

Therefore let none be ashamed of this Office, or be discouraged in being a Iustice of Peace, if he serue worthily in it.

The Chancellour vnder me, makes Iustices, and puts them out; but neither I, nor he can tell what they are: Therefore wee must bee informed by you Iudges, who can onely tell, who doe well, and who doe ill; without which, how can the good be cherished and maintained, and the rest put out ? The good Iustices are carefull to attend the seruice of the King and countrey, for thanks onely of the King, and loue to their countrey, and for no other respect.

The bad are either idle Slowbellies, that abide alwayes at home, giuen to a life of ease and delight, liker Ladies then men; and thinke it is enough to contem- plate Iustice, when as Virtus in actione consistit: contemplatiue Iustice is no iustice, and comtemplatiue Iustices are fit to be put out.

Another sort of Iustices are busie-bodies, and will haue all men dance after their pipe, and follow their greatnesse, or else will not be content; A sort of men, Qui se primos omnium esse putant, nec sunt tamen: these proud spirits must know, that the countrey is ordained to obey and follow GOD and the King, and not them.

Another sort are they, that goe seldome to the Kings seruice, but when it is to helpe some of their kindred or alliance; So as when they come, it is to helpe their friends, or hurt their enemies, making Iustice to serue for a shadow to Faction, and tumultuating the countrey.

Another sort are Gentlemen of great worth in their owne conceit, and cannot be content with the present forme of Gouernement, but must haue a kind of libertie in the people, and must be gracious Lords, and Redeemers of their libertie; and in euery cause that concernes Prerogatiue, giue a snatch against a Mon- archie, through their Puritanicall itching after Popularitie: Some of them haue shewed themselues too bold of late in the lower house of Parliament: And when all is done, if there were not a King, they would be lesse cared for then other men.

And now hauing spoken of the qualities of the Iustices of Peace, I am next to speake of their number. As I euer held the midway in all things to be the way Vertue, in eschewing both extremities: So doe I in this: for vpon the one part, a multitude of Iustices of Peace in the countrey more then is necessary, breeds but confusion: for although it be an old Prouerbe, that Many handes make light worke; yet too many make slight worke; and too great a number of Iustices of Peace, will make the businesse of the countrey to be the more neglected, euery one trusting to another, so as nothing shall bee well done; besides the breeding of great corruption: for where there is a great number, it can hardly bee, but some will bee corrupted. And vpon the other part, too few Iustices of Peace, will not be able to vndergoe the burthen of the seruice; And therefore I would neither haue too few, not too many, but as many in euery countrey, as may, according to the proportion of that countrey, bee necessary for the performing of the seruice there, and no more.

As to the Charge you are to giue to the Iustices, I can but repeat what formerly I haue told you; yet in so good a businesse, Lectio lecta placet, decies repetita placebit. And as I began with fulfilling the Prouerbe, A Ioue principium; so will I begin this Charge you are to giue to the Iustices with Church-matters: for GOD will blesse euery good business the better, that he and his Church haue the preced- ence. That which I am now to speake, is anent Recusants and Papists. You neuer returned from any Circuit, but by your accompt made vnto me, I both conceiued great comfort and great griefe: Comfort, when I heard a number of Recusants in some Circuits to be diminished: Griefe to my heart and soule, when I heard a number of Recusants to be in other Circuits increased.

I protest vnto you, nothing in the earth can grieue mee so much, as mens fall- ing away from Religion in my dayes; And nothing so much ioyes mee, as when that Religion increaseth vnder mee. GOD is my witnesse, I speak nothing for vaine-glory; but speake it againe; My heart is grieued when I heare Recusants increase: Therefore I wish you Iudges, to take it to heart, as I doe, and preuent it as you can; and make me knowen to my people, as I am.

There are three sorts of Recusants: The first are they that for themselues will bee no Recusants, but their wiues and their families are; and they themselues doe come to Church, but once or twice in a yeere, inforced by Law, or for fashion sake; These may be formall to the Law, but more false to GOD then the other sort.

The second sort are they that are Recusants and haue their conscience misse- led, and therefore refuse to come to Church, but otherwise liue as peaceable Subiects.

The third sort are practising Recusants: These force all their seruants to bee Recusants with them; they will suffer none of their Tenants, but they must bee Recusants; and their neighbours if they liue by them in peace, must be Recusants also.

These you may finde out as a foxe by the foule smell, a great way round about his hole; This is a high pride and presumption, that they for whose soules I must answere to GOD, and who enioy their liues and liberties vnder mee, will not onely be Recusants themselues, but infect and draw others after them.

As I haue said in Parliament house, I can loue the person of a Papist, being otherwise a good man and honestly bred, neuer hauing knowen any other Re- ligion: but the person of an Apostate Papist, I hate. And surely for those Poly- pragmaticke Papists, I would you would studie out some seuere punishment for them: for they keepe not infection in their owne hearts onely, but also infect others our good Subiects. And that which I say for Recusants, the same I say for Priests: I confesse I am loath to hang a Priest onely for Religion sake, and saying Masse; but if he refuse the Oath of Alleagiance (which, let the Pope and all the deuils in Hell say what they will) yet (as you finde by my booke and by diuers others, is meerely Ciuill) those that so refuse the Oath, and are Poly- pragmaticke Recusants; I leaue them to the Law; it is no persecution, but good Iustice.

And those Priests also, that out of my Grace and Mercy haue beene let goe out of prisons, and banished, vpon condition not to returne; aske mee no questions touching these, quit me of them, and let mee not heare of them: And to them I ioyne those that breake prison; for such Priests as the prison will not hold, it is a plaine signe nothing will hold them but a halter: Such are no Martyrs that refuse to suffer for their conscience. Paul, notwithstanding the doores were open, would not come foorth: And Peter came not out of the prison till led by the Angel of God: But these will goe forth though with the angel of the Diuell.

I haue giuen order to my Lord of Canterbury, and my Lord of London for the distinction, &c. of the degrees of Priests; and when I haue an accompt from them, then will I giue you another charge concerning them.

Another thing that offendeth the Realme, is abundance of Ale-houses; and therefore to auoyd the giuing occasion of euill, and to take away the root, and punish the example of vice, I would haue the infamous Ale houses pulled downe, and a command to all Iustices of Peace that this be done.

I may complaine of Ale-houses, for receipt of Stealers of my Deere; but the countrey may complaine for stealing their horses, oxen, and sheepe; for murder, cutting of purses, and such like offences; for these are their haunts. Deuouring beasts, as Lyons and Beares, will not bee where they haue no dennes nor couert; So there would be no theeues, if they had not their receipts, and these Ale-houses as their dennes.

Another sort, are a kinde of Alehouses, which are houses of haunt and receipt for debaushed rogues and vagabonds, and idle sturd; fellowes; and these are not properly Ale-houses, but base victuallers, such as haue nothing else to liue by, but keeping houses of receipt for such kinde of customers. I haue discouered a strange packe of late, That within tenne or twelue miles of London, there are ten or twelue persons that liue in spight of mee, going with Pistols, and walking vp and downe from harbour to harbour killing my Deere, and so shift from hold to hold, that they cannot be apprehended.

For Rogues, you haue many good Acts of Parliament: Edward the sixt, though hee were a child, yet for this, he in his time gaue better order then many Kings did in their aage: You must take order for these Beggars and Rogues; for they so swarme in euery place, that a man cannot goe in the streetes, nor in the high wayes, nor any where for them.

Looke to your houses of Correction, and remember that in the chiefe Iustice Pophams time, there was not a wandering begger to bee found in all Somersetshire, being his natiue countrey.

Haue a care also to suppresse the building of Cottages vpon Commons, which are as bad as Alehouses, and the dwellers in them doe commonly steale Deere, Conies, sheepe, oxen, horses; breake houses, and doe all maner of villanies. It is trew, some ill Iustices make gaine of these base things: take an accompt of the Iustices of Peace, that they may know they doe these things against the will of the King.

I am likewise to commend vnto you a thing very necessarie, Highwayes and Bridges; because no Common-weale can bee without passage: I protest, that as my heart doeth ioy in the erection of Schooles and Hospitals, which haue beene more in my time, then in many aages of my predecessours; so it grieues mee, and it is wonderfull to see the decay of charitie in this; how scant men are in contri- buting towards the amendment of High-wayes and Bridges: Therefore take a care of this, for that is done to day with a penie, that will not bee done hereafter with an hundred pounds, and that will be mended now in a day, which hereafter will not be mended in a yeere; and that in a yeere, which will not bee done in our time, as we may see by Pauls Steeple.

Another thing to be cared for, is, the new Buildings here about the Citie of London: concerning which my Proclamations haue gone foorth, and by the chiefe Iustice here, and his Predecessor Popham, it hath bene resolued to be a generall nusans to the whole Kingdome: And this is that, which is like the Spleene in the body, which in measure as it ouergrowes, the body wastes. For it is possible but the Countrey must diminish, if London doe so increase, and all sorts of people doe come to London ? and where doeth this increase appeare ? not in the heart of the Citie, but in the suburbes; not giuing wealth or profit to the Citie, but bringing miserie and surcharge both to Citie and Court; causing dearth and scarsitie through the great prouision of victuals and fewel, that must be for such a multi- tude 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 Hos- pitalitie 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 Lon- don: 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 coun- trey, 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 country 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; especially at Festiuall times, as Christmas and Easter, and the rest.

And for the decrease of new Buildings heere, I would haue the builders re- strained, 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 inconuen- ience, 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 began. First, that in all your behauiours, aswell in your Circuits as in your Benches, you giue due reuer- ence to GOD; I meane, let not the Church nor Churchmen 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.