A short declaration of the end of Traitors, and false Conspirators against the state, & of the duty of Subjects to their sovereign Governor: and withal, how necessary, Laws and execution of justice are, for the preservation of the Prince and Common wealth. Wherein are also briefly touched, sundry offences of the S. Queen, committed against the crown of this Land, & the manner of the honourable proceeding for her conviction thereof, and also the reasons & causes alleged & allowed in Parliament, why it was thought dangerous to the state, if she should have lived. Published by Richard Crompton, an Apprentice of the common Laws. Seen and allowed. ECCLESIA. 10. Wish no evil to the King in thy thought, nor speak any hurt of him in thy privy Chamber: for a bird of the air shall betray thy voice, and with her feathers she shall bewray thy words. AT LONDON, Printed by I. Charlewood, for Thomas Gubbins, and Thomas Newman. 1587. To the most reverend Father in God, john by the divine providence, archbishop of Canterbury, Metrapolytane of England, his Grace, and one of her majesties most honourable privy Counsel: Richard Crompton wisheth everlasting felicity. (⸫) FOrasmuch (most reverend Father) as these days are very dangerous, and full of peril, in which wickedness hath so deeply entered into the hearts of many, who not having the fear of GOD before their eyes, nor regard to the faith and loyalty, which every Subject aught to bear to his sovereign Governor, nor respect to the zeal and love that every good man naturally aught to carry to his native soil and Country, have in these days so often entered into such wicked treasons and conspiracies as well against her majesties sacred person, as also this most happy government, as the like hath not been heard of in the reign of any her noble Progenitors, Princes of this Land, sithence the Conquest thereof unto this day. And for that the same hath been pretended to be for matters touching Religion, I have therefore set down in this small Treatise, the miserable end & confusion of divers, which within our memory among us most justly have suffered, for such their wicked conspiracies and treasons, and withal, the duties of Subjects to their Prince and sovereign Governor, both which, at the general Sessions of the Peace, in the County of Staff: among other things pertaining to that service, I lately published, as a matter which I thought then much necessary for this present time, to the end, that the one, might be a terror to all men to offend in the like, and the other, an instruction in the duty & obedience, which every good Subject ought to embrace. And because some of that audience seemed (as they said) to like well thereof, & thought it in their opinions convenient to be made common to all men, I have at their request thought good to publish the same. And forasmuch as no Kingdom nor Common wealth can stand, where good Laws are not established, and justice executed, I have therefore also herein set down in part, the commodities and profits which grow to the same thereby. And because the Laws of themselves are dumb things, remaining in Records, Books and Customs, and must therefore be published and put in execution by officers thereunto appointed, I have showed what persons they ought to be, which should be called to sit in place of justice, and to whom the trust and confidence of the execution of Laws ought to be committed, and what great care they ought to have to perform the same: and withal have touched the duties of jurors, and what regard they ought to have of their oaths, verdytts and presentments, sith that without them, justice cannot be done upon offenders, & transgressors of Law cannot be punished. And am bold under your Grace's favour, to present these few leaves to the same, as to one, who I am assured wisheth well to this whole state, and daily prayeth for the presertation of her Majesty, whom God of his mercy long preserve and continue unto us. From the middle Temple, the xii. of February. 1587. (⸫) At the commandment of your Grace most humbly. R. C. ❧ A Declaration of the end of Traitors, and false Conspirators against the state, and of the duties of Subjects to their Prince and sovereign Governor. etc. IF ever Kingdom were blessed, if ever Nation enjoyed happy days, if ever people lived in a golden age, The happiness of this state. surely this is that Kingdom, we are that Nation, and we are that people. First, in that it hath pleased God to First for the light of the gospel. give us the light of his Gospel, whereby many errors, and much superstition (which hath crept into the Church of God) are reform. Then in that it hath pleased him, to give us so gracious a Sovereign For so gracious a Queen. Lady and Queen, not a foreigner, not a stranger borne, but one of our own Nation (which is observed as a great blessing of God in the sacred Scriptures,) Deut. 15. 17 and of the right line and dissent of the Noble Kings, and Princes of this Realm. One by, and under For this common peace so long continued. whom, we have enjoyed such common peace & quietness within this land these xxviij. years and more, as the like hath not been heard of, neither is to be found in Record or Chronicle since the Conquest of England For this her majesties merciful and gracious government to this day, for the like time of government. One desirous to reign with mercy, with love, with pity, with clemency and tender compassion, and not by effuston of blood, not by tyranny, not by oppression of her Subjects, neither always by inflicting the extremity of her Laws, upon such as justly have deserved the execution For that her majesty is assisted with grave sage, most wise, and honourable Counsellors of the same. In that also it hath pleased him to assist her, with such grave, sage, and honourable Counsellors, men of such great wisdom, of such deep consideration, of such policy, forecast, and experience, as to speak it plainly and simply, no Prince under the sun is furnished with the like, or at the least with a better. By whose great wisdoms, traveles, and endeavours, Fruits of their travel to the common wealth this common peace and quietness, hath been the rather preserved and maintained. If any thing hath been purposed or meant, which might any way tend to the danger of her majesties person, or to the trouble or peril of this state, that hath been by them quickly espied, deeply looked into, and with great wisdom and policy in time prevented and avoided, to their immortal fames, glories, and renowns for ever. Whereby There is a most happy state where wisemen rule. Eccle. 10. the saying of the wise Solomon is found to be true. Happy is that kingdom, where there are many that can give good counsel. And jesus the son of Syrack saith: Where they that are in authority are men of understanding, there the city doth prosper. And again Solomon saith: Where no counsel is, there the people decay. prover. 11. But where many are that give good counsel, there is wealth. If you well consider, and look into the civil wars and dissension, into the horrible murders of Miserable state of other Countries. great personages, into the pitiful slaughter of men, women, and children, by fire and sword, into the lamentable ravishments, & deflowringes of Maids, Wives, and Widows, into the ransacking and spoiling of Cities and Towns, with a number of other miseries and calamities, which have happened of late years in other Countries, not far hence, you shall find that this Realm of England above all Nations under the Sun at this day, hath most cause to think itself bound to the goodness of almighty God. In that he hath not suffered us to be afflicted or visited with the like. And now, what shall I say of them to whom this her majesties most gracious government, these Enemies to this government. happy days, these blessed years, have been thought tedious, and too long to have continued, and therefore have most unnaturally, most wickedly, yea, and most traitorously sought the untimely death and destruction of her, under whom (by God's great mercy and favour towards us) we have enjoyed all these good things. Shall I say they were unkind people? Shall I say they were unnatural Subjects? Nay I will rather say that they were, and such as they, are more meet to They are not worthy to live under so gracious a Prince. live under an Infidel, under a Turk, under a jew, under a bloody Prince, or Tyrant, rather than under so gracious and so merciful a sovereign Lady and Queen, as she hath showed herself to be to all sorts of her Subjects, even from the beginning of her blessed reign to this day, whereof we are all witnesses. What good Subject will not heartily lament to think what sorrow her Majesty doth make, what inward grief she hath conceived, what deep sighs proceed Her majesties grief for her kindness to be so unkindly recompensed by false traitors & conspirators. from her noble heart, what tears distill from her tender eyes (as we may imagine and suppose) when she calleth unto her gracious remembrance, the great love which she doth, and always hath born to her good Subjects, the daily care she hath of their prosperity and well doing, her continual desire, that they may live in peace and rest under her. To have this her love so unkindly requited, her care so ungently recompensed, her desire so ungratefully rewarded, as to have her death so often conspired, her destruction so many ways intended, and this her most happy government, many times trayteroustie devised to be suppressed, where it is the part and duty of every good Subject, to be true, faithful obedient, and loyal to his Prince and sovereign Governor, whom God hath appointed to reign over him, though her Majesty by these her manifold kindnesses had not (as she hath) merited and deserved the same. But most gracious sovereign Lady, let not these their wicked and traitorous conspiracies dismay you, let them not discourage you, but be of good comfort, and doubt not, but as almighty GOD hath hitherto most Causes of comfort to her Majesty not withstanding these often conspiracies. graciously saved and defended you, from the most wicked purposes of such, as have so often most traitorously practised, and pretended your untimely death and destruction: so he will protect you from the like her after, doubt not but he will send his holy Angel, who shall pitch his Tents round about you, that their damnable devices and determinations, shall never take effect. Doubt not but that he will be your strength & Buckler, for he is, and ever will be the sure defence of his anointed, as the Prophet David witnesseth. Comfort yourself also in this, that there are within your Realm of England, even thousand of thousands, which according to their bounden duties, do daily most heartily pray to God for the preservation of your sacred person, that will shed their bloods, spend their lands and goods in your defence, before such wicked Traitors or their adherents shall ever have their purposes. Comfort yourself also in this, that you have so grave and faithful a Counsel, that is most studious and careful of the safety of your noble person and this state, that can so politicly spy out these wicked Conspirators, and tries out their most devilish devices, tending to your majesties untimely death, and to the utter subversion and ruin of this your most happy government, that can so in time prevent the manifold perils and dangers, which otherwise might by such treasons have ensued unto the same. Comfort yourself also in this, that they (even they I say) which have thus conspired to take your Majesty from us, when they have come into your presence, meaning then to have accomplished their most traitorous purpose, have been so diswayed upon the sight of your princely person, and in beholding your most gracious countenance, that they had no power to perform the thing, which they had before determined upon. A most certain token of the great mercy and favour of God towards your Majesty, and to us all. If Not lawful for the subject to enter into the examinacien of matters appertaining to the Prince. it were lawful for the Subject, to enter into the examinations of causes or matters appertaining to the Prince and sovereign Governor, as it is not, what could these sorts of men (I pray you) object, or what could they say, why they thus most wickedly, thus most unnaturally, and thus most traitorously, should seek the death and destruction, of so gracious a Sovereign Lady and Queen. It is trow you, because they thought that her Majesty What good things do proceed from her Majesty. is not studious, to set forth the honour and glory of God? Compare the time present, with the great abuses, which have entered into the Church of old time, and thereby you shall plainly perceive, how Her highness is most studious to set forth the honour of God. She doth ordain good laws careful she is, and from time to time hath been: to advance the true worshipping of God, to the uttermost of her power. Is it trow you, because they thought that she hath not made and published wholesome and necessary Laws, for the preservation and maintenance of the state of this Common wealth? Look into the most gracious Acts of Parliament made in her time, and you shall find as good, as necessary, and beneficial Laws published by her most high Courts of Parliament, as better or more necessary have not been given by the like authority, in any Prince's time heretofore. Is it because they thought that her Majesty is not desirous, that right and justice should be ministered unto all sorts of her Subjects without respect She is desirous that justice should be equally ministered. of person? Look into the proceedings of her most honourable Counsel in her high Court of Star Chamber, and there you shall see the causes of her people (judicially brought before them) so indifferently examined, so deeply looked into, and with such great wisdom and equity, ordered and decreed, that every man hath just cause therewith to content himself. Again, look into the proceedings of her grave and sage justices of her Laws? And you shall find the causes of her Subjects brought before them, so learnedly debated, so uprightly handled, and with such equity adjudged, and determined according to the Law, that no man can therewith justly find fault. Is it trow you, because they thought that her Majesty is not merciful to such as are transgressors and She is merciful to offenders. offenders of her Laws? Look into the Records of her high Court of Chancery, and there you shall find a great number of her most gracious and merciful pardons, as well touching life and member, as other great and deep offences, that for greater things, none hath been granted by any Prince of this Realm, sithence the Conquest of England to this day, for the like time of government. Is it because they thought that she She is liberal to well deservers. is not bountiful, and liberal to such as deserve well of her Majesty and their Country, look into her majesties most gracious Letters Patents, remaining also of Record in her said Court of Chancery, and there you shall find such a number of grants of Castles, manors, lands, tenements, rents, annuities, pensions, portions, fees, offices, and whatsoever other thing a Prince may conveniently grant, so bountiful, so liberal, so honourable, and so princely, as of greater things, none hath been granted by any Prince of this Realm, sithence the Conquest thereof unto this day, for the like time of government. Is it trow you, because they thought that her Careful to defend her Countries from foreign invasions. Majesty is not careful to defend the borders and frontures of her Realms and Countries against foreign invasions. Look into the common peace and quietness before remembered, and thereby you shall see that her Majesty hath always been most studious and careful to defend the same, and to that end and purpose hath expended her princely treasure. Is it trow you because they thought that her Majesty hath laid upon her No new impositions laid on her subjects. Subjects, any tax, tallages, or impositions, the like whereof hath not been heard of afore her reign. Look into the reigns of her most noble Father, Henry the eight, her most dear Brother, Edward the sixth, and her Sister Queen Marie touching such matters, and you shall find that she hath not required of her people any other than such, as have sundry times been willingly yielded and paid afore her days, yea, and greater also. These are the good things which proceed from a gracious Prince, and which her highness from time to time hath most honourably performed and accomplished in each respect, to her great and immortal same and renown. What is there then that should move these sorts of men, thus most wickedly, and thus most traitorously to conspire the death and destruction of so gracious a sovereign Lady and Queen. Is it trow you, because they would have alteration of this most godly Religion Desire of alteration of religion is cause of these conspiracies. established amongst us, and of this peaceable and gracious government: surely that should seem to be the only cause of these conspiracies, and treasons, and it doth the rather appear to be so, for that they who have always been parties to the same, have been such as from time to time, have misliked of her majesties proceedings therein. Certain it is, that no man can please God without faith, as the Scripture saith. But what then, is it therefore lawful for the Subject Not lawful to rebel for religion whatsoever it be. in defence of his faith or Religion, whatsoever it be or to advance the same, to conspire the destruction of his sovereign, or to rebel and take arms against her, (wherein always the peril of the Princes person is employed) God forbidden. We read in the 18. Chapter of S. john's Gospel, that when Malchus, with other of john. 18. the high priests servants came to take Christ. Peter the Apostle cut of Malcus' ear with his sword: when Christ did see it, he said to Peter, put up thy sword into Math. 26. 52 thy sheath, for all that take the sword, shall perish with the sword, thinkest thou that I cannot pray to my Father, and he shall give me more than twelve legions of Angels, but how should then the Scriptures be performed. The famous Clerk Erasmus, in his Paraphrase upon Frasmus. this place of Scripture, speaketh these words to Peter, as it were in the person of Christ, saying. Put thy sword into thy sheath, matters of the Gospel, are Nota. not in such manner to be defended, if thou wilt succeed me as my vicar, thou must fight with no other sword then of God's word, which cutteth away sin and saveth men. When Christ was brought before the high Priest, for that he was accused to them for teaching of new learning, (as they termed it) he did not resist, but did acknowledge that they had their authority from above, although in respect of his divine power, he was able to have withstood them all, and delivered himself, and could have set forth his doctrine maugre their heads, but he would not so do, but rather submitted himself to the sentence of death, which they most unjustly pronounced against him, hereby giving to us an example of obedience to authority, though the cause be never so just. If a Prince should set forth a Law, touching the worshipping of God, or matter of conscience against the word of God, and limit a pain to the infringers thereof, though the Subject be not indeed bound in conscience to observe the same law, yet he may not resist or oppose himself against his Sovereign, but must rather submit himself to the punishment of Law, as S. Peter saith: Submit yourself unto every ordinance of 1. Peter. 2. man for the lords sake, whether it be unto the king subjects must submit themselves to every ordinance of the prince, yea though against the word of God they be made. as to the chief, or to them that are in authority under him. Then if he must submit himself unto every ordinance of man, it followeth that he may not withstand the same in any case. Now let us see by some examples, what hath happened within our memory amongst us, to such as have conspired the death of their sovereign Governor, or forcibly opposed themselves against her: whether it hath been for Religion or any other cause whatsoever, & what success they have had, Examples of such as have suffered for conspiring against the state under colour of Religion. and thereby shall you see whether their inventions and purposes, have been pleasing or acceptable to almighty God or not? I find in the twenty eight year of King Henry the eight, when he went about to suppress certain houses of Religion, that there assembled in Lincolneshyre, Rebellion in Lincolneshyre. 28, ●. 8. about twenty thousand men, whose pretence was to to have withstood him in that action, because they thought that thereby the Religion then professed, should have been subverted. But what happened to Doctor Makerell and others, of the chief of that rebellicus company, Doctor Makerell were not they justly hanged, drawn and quartered as Traitors to their Country. Look into grafton's abridgement of Chronicles, and there you shall see it. Then come to the third year of the reign of King Folio. 140. Edward the sixth, when a great number rebelled in the west parts of this Realm, whose pretence in part, was to have had the Religion then (which is also now Rebellion in the West parts. professed) to have been suppressed. But what chanced to Sir Humphrey Arundel knight, and others of the Sir H. Arundel. principalest of that faction, were not they rewarded by justice in like sort. Look into the said abridgement, and there it appeareth. Let me tell you of the rebellion Ibidem. 155. of Wyatt and others, in the first year of the reign of Wyatt. Queen Mary, which was to the end to have withstood her marriage with the Spanish King, and that the Religion now professed (which was also professed, when she came to her Crown) should have been continued, which notwithstanding was suppressed by her. Was not the said Wyatt and divers other executed for the same Rebellion. Look into the same Book, and there it is plainly set down. Did not the Earls Ibidem. 165. of Norththumberland and Westmerlande, with fifty Knights, Esquires and Gentlemen, besides a great Northern rebellion. number of the common sort, rebel in the North parts of this Realm, in the xi. year of her majesties ratgne, to the end to have had alteration of this Religion and most happy state. But what was the end of these ●●. dē. 192. Earls, were not they both attainted of treason, was not the Earl of Northumberlande beheaded at York, and did not the other fly the Realm, and were not the said fifty persons attainted also of high treason. Look into the confirmation of their attainder, by parliament Decimo tercio Elizabeth. in the xiii. year of her majesties reign, and you shall find it there apparent. divers of which said fifty, persons, besides many other of the common sort, were executed for that rebellion. Consider of Arden, which about the 25. year of her Arden. majesties reign, conspired her Majesties with others death, to the end to have had alteration of this Religion and estate, were not they also then attainted of high treason, was not Arden executed like a Traitor, and did not gentleman an other of them after his condemnation for that offence, hang himself in Newgate, the day before he that should have been executed. Then remember that most rankest Traitor that hath been heard of in our time, Parry Parry. by name, who notwithstanding he had been attainted for Burglary, and for the same attained her majesties pardon, went afterwards beyond the Scas, and there carrying an offensive mind against this state and Religion, most wickedly with other foreigners, conspired her highness destruction, and did remain in that damnable purpose by the space of two years, & then returned into England, meaning to have performed the same: was not he in the 26. year of her majesties reign, hanged drawn and quartered, as a detestable traitor to his Earl of Northumberland. L. Pagget. Charles Paget Throgmorton, Shelley. Prince and Country. Did not the Earl of Northumberland conspire with the Lord Paget, and Charles his Brother, with Shelley and Throgmorton, to have suppressed this Religion, to have advanced the Romish Religion, and by foreign invasion into this Land, to have utterly subverted this noble state, and to have advanced to the Crown the S. Queen. In which their treasons was also employed, the destruction of our most gracious sovereign Lady. So it appeareth by a small Treatise, wherein these treasons are particularly set forth. Was not the said Throgmorton, about two years last passed executed as a Traitor for that cause. Did not the said Earl, knowing himself guilty of Fail of Northumberland. those treasous, most miserably destroy himself with his own hand in the Tower of London, the xxvii. year of her majesties reign. Was not the said Shelley shortly after condemned for that conspiracy, and remaineth at the queens mercy: and are not the said Lord Pagett and his Brother attainted for that offence by utlarie. Was not Babington and thirteen other, also executed in the xxviii. year of her highness reign, as Traitors for the like crimes. And lastly, have not fourteen Babington. jesuits. jesuits, and Seminary Priests, within these five years been executed as Traitors, for practising to withdraw her majesties subjects, from there due allegiance to her highness, and for that intent, from the Religion now established, to the Religion of Rome, and to yield subjection to that Sea. By these notable and memorable examples, you may plainly see, the shameful and miserable end of Traitors, false conspirators, and Rebels against their Prince and sovereign Governor, what soever their pretences of Religion hath been. And these examples are here set down for warnings to other, and happy is he that can take heed by an others danger, and mishap, as the wise Cato saith, Faelix quem faciunt aliena Cato. pericula cautum. And was not the said late S. Queen, privy to sundry of the said conspiracies, and treasons, was she not a principal, a better and comforter of the said offenders therein: It is very evident by a Treatise, published in print, whereby appeareth, that the Lords and Commons of the high Court of Parliament, having of long time to their intolerable grief, sound, by how many practices the said Scottish Queen, had compassed the destruction of her highness most royal person (in whose safety next under God they acknowledged their chief felicity to consist) thereby not only to bereave them of the sincere and true Religion in this Realm professed and established, but to bring back again this noble Realm into the thraldom of Romish tyranny, and to overthrow the happy estate thereof: wherein, although her highness of her abundant gracious natural clemency, and princely magnanimity, had either lightly passed them over, or with no small indulgence tolerated, notwithstanding, the often and earnest instances of her Nobility and Commons, in sundry Parliaments heretofore: and further had protected her from the violent pursuit of her own people: she yet, as a person obdurate in malice (as it appeared) continued her former practices, as had been lately manifested by certain wicked conspiracies, plotted by the said Babington, and divers desperate persons, that had combined and confederated themselves by vow & oath in a most horrible enterprise, by murder to take away the life of her Majesty: where in the Scottish Queen did not only advise them, but also direct, comfort, and abet them, with persuasion, counsel, promise of reward, and earnest obtestation. Whereupon, her Majesty, at the earnest request of such as tendered the safety of her royal person, and the quiet of the Realm, did direct her Commission under the great seal to sundry Lords and others of her majesties privy counsel, and a great number of Lords of Parliament, of the greatest and most ancient degree, assisted with some of the principal judges of the Realm, to hear, examine and determine the same, according to a Statute in that behalf made in the xxvii. year of her reign. Who to the number of thirty six, having artended the execution of the said Commission, and divers days and times, heard the allegations against the said Scottish Queen in her own presence and hearing, (she being permitted to say what she would in her own execuse,) did with one assent, find her culpable both in privity, and consent to the said crimes objected, and also in compassing the queens majesties death. Which sentence, by her own directions, upon the hearing of the proves and process in Parliament, was judged to have been most honourable and just. And for as much as the said Queen of Scots, was the very ground and only subject, whereupon such dangerous practices and complots, had been founded against her majesties most royal person, and the estate of this Realm for these many yéenes, to the overthrow of sundry of the Nobility of the land; and danger of Christian Religion, and that they could see no hope of her, desisting, and her adherents but that still her majesties safety must be hazarded, and stand to the event of the like miraculous discoveries: Therefore, as most humble and instant suppliants, they did upon their knees at her most gracious feet, beseech and request in most earnest manner, that aswell for the continuance of God's Religion, the quiet of this Kingdom, preservation of her person, and defence of them and their posterities, that it would please her highness to take order, that the said sentence might be published, and such further direction given, as was requisite in this so weighty a cause, according to the purport and intent of the said Statute, touching the dangers that her majesties person was in, by the practices of the Scottish Queen, and her favourers they appear in that they did think that she had right, not to succeed her Majesty, but to enjoy her Crown in possession, and therefore as she was a most impatient competitor thereof, so she would have spared no means whatsoever, that might have bereft us of her Majesty, the only impediment that she could not enjoy her desire. She was obdurate in malice against her royal person, notwithstanding her Majesty had showed her all favour and mercy, as well in preserving her hingdome, as saving her life, and salving her henour. And therefore there was no place for mercy, since there was no hope that she would have desisted from her most wicked attempts. She boldly and openly professed, that it was lawful for her to move invasion upon her Majesty, and therefore, as of invasion victory might ensue, and of victory, the death of the vanquished: so did she thereby not obscurely bewray, that she thought it lawful, for her to destroy her majesties sacred person. She did think it not only lawful, but honourable also and meritorious to take her majesties life from her, as being all ready deprived of her Crown, by the excommunication of the holy Father. And therefore it was like she would (as she had done) continually seek it by whatsoever means. That she was greedy of her majesties death, and preferred it before her own life and safety, appeareth, for in her direction to one of her late Complices, she advised (under covert terms,) that whatsoever should become of her, that tragical execution should be performed, upon our most gracious sovereign Lady, namely, the destruction of her royal person. She was the only hope of all discontented subjects, she was the foundation, whereon all the evil disposed did build, she was the root from whence all rebellions and treacheries did spring: And therefore, while this hope lasted, this foundation stood, and this root lived, they would have retained heart, and set on foot whatsoever their devices against this Realm, which otherwise will fall away, die, and come to nothing. All these matters her Majesty did most deeply consider of, and yet to the end it might evidently appear, how unwilling she was to take away the Queen of Scots life, she required to understand by the consideration and resolution of the high Court of Parliament, whether any other means could be thought of, or sound by any of them, how the Scottish Queen's life might be spared, and yet her Majesties person saved out of peril, and the state of the Realm preserved in quiet: For her majesties further satisfaction, they enteredinto a new consultation, & for that prupose, selected a great number of the choicest persons of the higher house of Parliament, to confer thereof, either prinately, or together with the lower house: and upon sundry conferences had in that behalf at several times, it was concluded by the whole assemblic of both houses, that there could be no other assured means for the preservation of her majesties life, continuance of God's Religion, and quiet of this state, then by the full execution of the said sentence. That if her Majesty should be safe without taking away the life of the Scottish Queen, the same were most likely and probably to grow by one of these means following. First, that happily she might have been reclaimed and become & repentant convert, agnizing her majesties great mercy and favour, in remitting her heinous offence, and by her loyalty have performed the fruits of such conversion. 2. Or else, by a more strait guard might have been so kept as there should have been no fear of the like at tempts after. 3. Or, that good assurance might have been given by O the, Bonds or Hostages, as cautions for her good and loyal demeanour from thenceforth. 4. Or lastly, by Banishment, the Realm might have been boyded of her person, and thereby the perils further removed, that might grow to her Majesty by her presence. All which matters being duly pondered, it did yet appear in all their judgements, that they durst not advise any security to rest in any, no, not in all of them. For touching her Conversion, it was considered, that if piety or duty could have restrained her from such heinous attempts, there was cause abundantly ministered to her on her majesties behalf, when she not only protected her against the violence of her own Subjects, who pursued her to death by justice, but covered her honour, when that same by public fame was touched, and by very heinous and capital crimes objected and proved against her, before certain Commissary delegates assigned to examine the same, more than blemished and spared her life, when for her former conspiracies and confederacies with the Northern Rebels, her highness was with great instance pressed by both the houses in the fourteen year of her majesties reign, to do like justice upon her as now was desired, and as her treasonable practices then, had most justly deserved. And where the penalty of this Act sufficiently notified unto her, should have terrified her from so wicked attempts, she did nevertheless insist in her former practices, as a person obdurate in malice against her Majesty, and irrecoverable: so as there was no probable hope of any conversion, but rather great doubt and fear of relapse, forasmuch as she stood obstinately in the denial of matter most evivently proved, and most justly sentenced against her, and was not entered into the first part of repentance. The recognition of her offence, and so much the farther off from the true fruits that should accompany the same. As for a surer guard, and more strait imprisonment, it was resolved, that there was no security therein, nor yet in the other two means propounded of Bonds and Hostages. forasmuch as the same means that should be practised to take her majesties life away (which God forbidden) would aptly serve, both for the delivery of her person, and release of the Bonds & Hostages, that should be given for cautions in that behalf: which being unaptly achieved, and to our irreparable less, who should sue the Bonds, or detain the Hostages? or being detained, what proportion was there in bonds or hostages whatsoever, to countervail the value of so precious and inestimable a jewel, as her Majesty is to this Realm, and to us all? That she would solemnly have vowed and taken an oath, that she would not have attempted any thing to the hurt of her majesties person: She had already sundry time falsified her word, her writing & her oath, and held it for an Article of Religion. That faith was not to be holden with Heretics, of which sort she accounted her Majesty, and all the professors of the Gospel to be: And therefore there was little reason to trust her in that, whereof she made so small a conscience. As for banishment, that was a step de malo in pei●…s to set her at liberty, being a thing so greatly desired and thirsted for by her adherents, and by some Princes her Allies, who sought her enlargement chief, tomake her a head to be set up against her Majesty, in time of invasion. Upon all which reasons and matters opened, and petitiones made to her Majesty as is aforesaid, she not withstanding thought good & very necessary in so great a cause to deliberate, as by her most wise and grave answers to the premises, in the said Treatise, set down among other things, plainly appeareth: and afterward the said Scottish Queen was executed in the Castle of Fodringham in the County of Northhampton, (where she was most carefully kept, under the charge of that right honourable, trusty and right faithful Counsellor to her Majesty, Sir Amyas Pawlett Knight) on Wednesday, the 8, of Feburary. 1586. And the next day after, there were Bonfires, ringing of Bells, and singing of Psalms, by children and many others at the said fires, in the City of London, whereby appeareth that the people were joyful that so dangerous an enemy to this Common wealth was taken away. Let me Remember the most unnatural and horrible Princes not spared which have opposed themselves or laidhands upon the L. anointed. murder, of the two sennes of C. 4. committed, by the commandment of K. Richard the third who thereby attained the crown, and was afterwards slain in the battle of Bosworth in Leicestershyre, ●…y the Earl of Richmond, who succeeded him in the crown by just title, whose dead corpses was laid cross upon an horse, and so brought to Leycester, his legs and arms, hanging down all naked, be sprinkled (with turt, and bloody with such wounds as he received in the field) and there buried basely without any manner of solemnity, Hall fo. a iust plague of God and a most worthy spectacle for so monstruous an act, and likewise how H. 4. having obtained the crown rather by force, then lawful succession, doubting that he could not be in safety thereof so long as R. 2. did live, caused the said R. 2. to be destroyed in Pomfret Castle, whereupon great troubles and sundry insurrectiones, within this Realm did happen unto him, and though he died possessed of the Crown, yet H 6. his son's son was put from the same by E. 4. as Grafton doth set it down, whereby the old saying appeareth to be true, De rebus male partis vix gaudebit tertius haeres. By these examples you may see, how almighty God hath punished even Princes, which have conspired or opposed themselves, or laid violent hands upon the Lords anointed, and not spared the offspring of the offender in that behalf. And because some will perhaps say, that the queens Majesty could not proceed against the said Scottish Queen, as is above mentioned in respect of the dignity of her person, therefore (although the said trial by the said Commission and statute, and resolution of the reverend Confirmation by authority of Law in this proceeding. judges of the Law therein, and that her Majesty might have tried her by course of the Common Laws, aught to satisfy every dutiful Subject in that behalf) yet it shall not be in vain beer to set down some authority for confirmation of their grave and sound judgement in this proceeding. Whereupon it is to be noted, that there is no difference in our Law betwixt natural Subject of this Realm, and a mere Stranger or Alien borne, that in time of peace shall come into this Realm, and commit any offence there, for which any natural subject thereof, should incur the judgement, either of felony or treason, but the same stranger or Alien shallbe also in the same state or degree. Dyer. 145, For example, in the case of Felony it appeareth, by a Record in the third year of King Edward the sixth, that Charles Gavare a spaniard, for murdering of one Gamba in England, was attainted and executed for the same in Smithfield. And for example of treason it appeareth, by a Record in the third and fourth Dyer, 14, years of Philip and Mary, that one john Sharles a Frenchman, in the time of peace betwixt the said Philip Bro, 32. 4, Ma, and Mary, and the French King, with one Stafford an Englishman, did rebelliously take the Castle of Scarborough, in the North parts of this Realm, and the same detained certain days, for which they both were arraigned and attainted of treason (for such taking or detaining, is a levying of war against the Prince) and therefore it is treason, and the indictment 25, Ed. 3, Bro, 24, 1, Ma. whereupon they were arraigned, was, contra legianciae suae debitum, that is, against the duty of their allegiance, but if it had been in the time of war betwixt the said Princes, than it had been treason only in Stafford, and the other should have been counted but an enemy to be raunsemed according to the law of Arms. But it may be that some will say, that the said examples prove nothing in this case, for that she was a Queen. Scotish Queen not exempt from the censure of our law though she were a Queen. To that I answer, though she so were, yet she was not our Queen, neither were we subjects to her, and that which almighty God saith by his Prophet David Touch not mine anointed, did not exempt the said Scottish Queen, but she was to be taken of necessity as a Subject, and ordered by the Laws of this Lands so long as she was resident here, sith she had not any title to the Crown of this Land, for otherwise, if any foreign Prince in the time of peace, should come into an others Kingdom, and should enter into any offence against the Crown, as join with the Subject to levy war against that Prince, or conspire his death, and should not therefore be punished by the Law of that Land, every Prince might be destroyed and state subverted. And now to return again to the matter, touching the duty of Subjects to their Prince. There is a saying in the tenth of Ecclesiastes, very notable, where it is written thus. Wish no evil to the King in thy thought, nor speak any hurt of him in Ecclesia. 10. thy privy Chamber, for the birds of the air shall betray thee, and with their wings shall bewray thy Not lawful to wish evil to the Prince. voice. And surely it is most true, for though their conspiracies be never so secret, their treasons never so cunningly contrived, yet God doth in times always reveal them, to the destruction of the parties to the same, as by the said examples may appear. Now for proof by the word of God, that it is not lawful for the Subject to touch the Prince's person. How often doth almighty God by his Prophet David, say (as is above said) Touch not mine anointed, as though he should say, Forasmuch as I have placed her in the kingly throne of this Realm, and have appointed her to rule and govern my people, look thou touch her not, lay no hands on her, offer no violence unto her person, for I have anointed and consecrated her to that office and function. I find in the first Book of Samuel, where David was urged by his men to have killed Saul, a great Samuel, 1. and mighty Prince, and yet out of the favour of God, a mortal enemy to David, of whom almighty God so often saith: I have found David, a man even according to my hearts desire: but what did David, did he lay his hands on him, no, he made his prayers to almighty Not lawful to lay violent hands upon the Prince. God, saying: Lord keep me that I lay not my hands upon my master, the Lords anointed, for as surely as the Lord liveth, except he descend into the battle and there perish, or that his day become to die, or that the Lord do smite him, the Lord be merciful 1, Sam. 26 to me that I lay not my hands upon the Lords anointed, and so they departed without doing any hurt to Saul. I find also in the same Book, that David and Abysay his servant, at an other time came into the Tent where Saul was fast a sleep, and Abysay said unto David, Forasmuch as the Lord hath delivered thy enemy Saul into thy hands at this time, suffer me to strike him but once with my spear, and I will not smite him the second time. Meaning to have killed him even at the first blow, but David said, destroy him not, for who can lay his hands upon the Lords anointed, and be guiltless, for as sure as the Lord liveth, except he descend into the battle, and there perish, or that the Lord doth smite him, or that his day become, God forbid that thou shouldest lay thy hand upon the Lords anointed, and so they departed without doing any hurt to him. I find also in the History of Kings, that an Amelekite 2. Sam, 1, taking upon him the death of Saul whom he found dead, brought his Crown of Gold unto David, because he thought thereby the rather to persuade David, that he was the man that had slain Saul, and hoped to have had some great rewad for his labour, when David did see the Crown, and did know that it was saul's Crown, he rend his clothes and wept, saying to this Amalekite, How is it that thou wast not afraid to lay thy hand upon the anointed of the Lord, to destroy him, as truly as the Lord liveth, forasmuch as thy own mouth doth witness against thee, thou shalt die the death, and so he commanded his servants, and Not lawful to murmur against ruiers. they did kill him presently. Now let us see what hath happened to murmurers against the Rulers and Magistrates appointed over them by God. It appeareth in sundry places of the Scriptures, that some of them Examples of the purishment of murmerers by God. Nu, 11, 12, were stricken with foul leprosy, many burned with fire suddenly sent from God, sometime a great many of thousands were consumed with the pestilence, some times they were stinged to death, with fiery Serpents of strange kind, sometime the earth opened and swallowed up quick into hell, their Captains and bands of murmurers, and their wives, children and family. Thus you see what strange and horrible plagues hath Num, 16. fallen upon such subjects, as did but only murmur and speak evil against their heads and Rulers. Then touching such as have opposed themselves against their Punishment of rebellion of god's hand. sovereign Governor by rebellion, though they have not laid violent hand upon him, yet it appeareth they have been by God's just judgement sundry ways punished, as by the example of Absalon is manifest, who entered into conspiracy against King David his father, ●. Sam. 15, 17 and used the advise of many witty men, and assembled a very great and huge company of Rebels: which Absalon, though he were most goodly of person, of great nobility being the kings son, in great favour of the people, and so dearly beloved of the King himself, so much that he gave commandment notwithstanding his rebellion, his life should be saved. When for these considerations most men were afraid to lay their hands upon him, a great Tree stretching forth her arm (as it were for that purpose) caught him by the great & long bush of his goodly hair, lapping about it, as he fled hastily 2 Samuel, 18 bareheaded under the said Tree, and so hanged him up by the hair of the head in the air, to give an eternal document, that neither comeliness of parsonage, neither nobility, nor the favour of the people, nor the favour of the King himself, can save a Rebel from due punishment, God the King of all kings being so offended with him, that rather than he should lack due execution for his treasons, every tree by the way will be a gallows or gibbet unto him, and the hair of his own head, will be unto him in stead of a halter to hang him up with, rather than he should lack one. A fearful example of God's punishment to consider. Achitophel, 2, Samu, 17. though otherwise an exceeding wise man, yet the mischievous Counsellor of Absalon in this wicked rebellion, for lack of a hangman (a convenient servitor for such a Traitor,) went and hanged up himself, a worthy end of all Rebels, who rather than they should lack due execution, will by God's just judgement become hangmen to themselves. Thus happened it to the Captains of that rebellion, besides forty thousand of rascal rebels slain in the field, and in the chase, likewise it is to be seen in the holy Scriptures, how 2, Samu, 20. that great rebellion, which the Traitor Seba moved in Israel, was suddenly appeased, the head of the Captain Traitor, (by means of a silly woman) being cut off. Thus you see also the end of Traitors & false Rebels, though their intent were not to touch the person of their sovereign Governor. Surely it is not lawful for the Subject of the Turk, nor of the most ungodliest King that reigneth, to murmur or rebel against his Prince, whom God hath placed in the throne The Subject of the wicked Prince may not rebel. Pro. 1. 6 2. Para. 2. job, 34, Osee. 13. Prou, 21, Esdras, 7. subjects must be obedient. Rom, 13, Wisdom. 6. Damnation No difference betwixt the christian prince & the heathen touching submission to higher powers. joh. 19 6, 10 of government, either for the comfort of good people, or for the punishment of the bad, if ought be to be reform touching government in the king, it doth not belong to the Subject to redress the same, but he must refer the matter to God only, who hath the hearts of Kings in his order, and disposeth them as it seemeth best to his godly wisdom. The duty of the Subject is always to be obedient, as S. Paul saith, Submit yourselves unto the higher powers, for there is no power but of God, & all powers that be, are ordained of God, who that resisteth powers, resisteth the ordinance of God, and procureth unto himself damnation. Here is no exception of Turk nor Infidel, of the wicked and ungodly Prince, more than of the Christian and virtuous King, for his words be general, there is no power but of God, and all powers that are be ordained of God. When pilate said to Christ, Knowest not thou that I have power to lose thee, and also to crucify thee? he answered, thou couldst have no power at all over me except it were given thee from above. As he confessed his authority to be from above, so he submitted himself unto the same, though he were an heathen Governor, to give us an example so to do, whether they he Christian subjects must pray for their Rulers. Rulers or others. And as the Subject ought to submit himself unto the higher powers, and to their ordinances, to beware of murmurings, conspiracies, and insurrections against their sovereign Governor, so is it also their duties to pray for them, as S. Paul 1. Timo. cap. 2. saith. I exhort you above all things, that prayers and supplications, intercessions and giving of thanks be had for all men, for Kings and all other that are in authority, that we may live a quiet and a peaceable life, withal godliness, for that is good and acceptable in the sight of God our Saviour. When Gods holy spirit by S. Paul gave this Lesson to the Christians, they lived for the most part under Calygula, Clodius, and Nero, who were heathen Princes, Pagans, and such as heathen Princes prayed for. did not know God, and were cruel tyrants, and yet the Christians that lived under them were exhorted to pray for them. When Nabuchodonasor, king of Babylon, had slain the king and many nobles of the jews with a great number of their Children and kinsfolks, burned their Country, and Cities yea, and jerusalem itself, and the holy Temple, and had carried to Babylon the rest of them captives. The Prophet Barucke Baruck. 1 said unto the Captives, being the people of God, pray ye for the life of Nabuchodonosor king of Babylon, and for the life of Balthazer his son, that their days may be as the days of heaven upon the earth, that God also may give us strength, and lighten our eyes, that we may live under the defence of Nabuchodonasor, king Tyrant Princes prayed for. of Babylon, and under the protection of Balthazer his son, that we may long do them service, and find favour in their sight. If then the people of God were willed to pray for Infidels, for Pagans, for Tyrants, for murderers, and cruel oppressors of them, and that they might long live under their protections, it followeth consequently, that it is utterly against the will of God to destroy, or to appose themselves against the Prince, by making of insurrections or rebellions, if they shall pray for such Princes and Rulers, then how much more ought we to pray for the prosperous estate of our most gracious sovereign Lady, that we may long live under her gracious government, being a Christian Prince, one that doth set forth the honour and glory of God, that doth love God, serve God, and fear God, that maketh good laws, that desireth that justice may be equally ministered to all that desireth to reign with pity, mercy, and with clemency, and not by tyranny, not by shedding of blood, nor oppression of her people, that is merciful to offenders, bountiful to weldeseruers, careful to defend her dominions and Countries, under her subjection from foreign invasions, that her subjects may live in peace and rest under her. Forasmuch therefore, as it hath pleased God to place her in the kingly seat of this Realm, to addorne and deck her head with a Crown of gold and precious stones, to anoint her Queen of this Land, according to her most just and rightful title thereunto, and for that we daily do enjoy so many blessings of God, under her most gracious regiment, and such daily benefits by her great kindness and love towards us. Let us therefore be humble suitors to almighty God, that it may please We must pray for her majesty. him to hold his holy hand over her, to grant her life, with most prosperous health, long to endure, & that she may in high felicity long reign over us: to defend her from Traitors, and false conspirators, to discover them in time, that they may be rooted out as corrupt members of the body of this Common wealth, that others her good and faithful Subjects may thereby the rather be encouraged to continue in their weldooing. Let us also pray for her most honourable Counsel, that it will For her most honourable Counsel. please God, that they may long live, and love together like Brethren, that they may continue faithful Counsellors to this most happy state and government, as they have done hitherto to their great honours and fames, never to die. That it will please him also to give us grace, that we may love, honour & obey her, in God and for God, according to his blessed word and ordinance. And that we may show ourselves in heart, word Pray for ourselves to be true subjects. and deed, true, faithful, loyal and dutiful subjects unto her, Ma. as we are bound by the laws of God, by the laws of nature, and by the laws of this land. And now The prime and common wealth preserved and maintained by law and execution of justice. Princes are ordained to govern. because that by the laws and execution of justice, the Prince is preserved, and the common wealth maintained, as by the said examples you may plainly see, it shall not be impertinent to set down here, what law and justice is and in particularity, some of the great benefits & profits which grow by the same to the Common wealth & state of every kingdom. By that which is said afore among other things, it plainly appeareth, that kings are ordained to govern the people, and subjects, commanded by God to submit themselves unto their authority, for there is no Common wealth, state, or society of man No common wealth where thereiss not superiority in government. Cicero de legib'. li. 3. kind, that can continue, where there is not superiority or pre-eminence in government, according to their kind and quality, as Tully the famous Orator, in his book de legibus, entreating of government (even by the law of nature) saith. Nihil tam aptum est ad legem condicionemque naturae, quam imperium sine quo nec domus ulla, nec civitas, nec gens, nec hominum universum genus, nec rerum natura, nec ipse mundus stare possit, nam et hic deo paret, et huic obediunt maria, terraeque et hominum vita iussis supreme legis obtemperat. That is to say, nothing is so apt to the Law and condition of nature, as authority and Government, without which, no house, no City, no nation nor mankind, nor the nature of things. nor the world itself can stand, for the world obeyeth God, and to him the Seas and lands are subject, and the life of man to the commandment of the highest Law doth obey, as superiority then must be in government, so must there There must be good laws to govern by. be also good laws, statutes and ordinances to rule and govern. Nam sicut per naruos compago corporis solidatur sic res publica per legem (quie aligando diciturae ligatur et servatur. As by the sinews the body is made strong, so the justice must be execused, otherwise neither Prince nor Law availeth. Common wealth by Law (which is so called of binding) is knit and preserved together, yet neither Prince nor law can much profit, where justice is not executed. Almighty God therefore, knowing in his everlasting wisdom and prescience, how necessary good and wholesome laws, and the execution thereof, should be to rule his people, after they had been both before the universal flood, and by many years after, governed by the Exod. 20. law of nature; did give the Law of the ten Commandments in the Mount Sinai, wherein is first contained Law of the ten Commandments. our duty to God, and next to our Neighbours, and also did ordain Kings and Magistrates to rule and correct them by the same and other laws, as in the Book of Exodus, and sundry other places of the holy Scripture appeareth, he gave also power to Princes to Exod. 19 By God power is given to Princes to make good laws. Prou 8. make good laws, for the preservation of their kingdoms, Countries, and signories, and for the politic regiment of their Subjects, as it is written in the Proverbs of Solomon. Through me Kings reign, and Princes make just Laws: which Laws must be consonant and agreeing, or at the least not contrary to the Law of God. For woe is threatened in the Scriptures to them that make unrighteous Laws, too hard for people to keep, and withal, did give special commandment to the subjects, to submit themselves to their Laws and ordinances, as S. Peter doth tetifie, as is afore remembered. Peter. 2. Now touching what thing law is, some define it thus, Lex est summa ratio intua in natura que jubet que faciendo sunt prohibetque contraria, that is. The Law is Law of Nature. the highest reason grafted in nature, that commandeth the things which are to be done, and forbiddeth the contrary. And Cicero in his second book de legibus, affirmeth, Cicero lib. 2 de legibus Legem neque sapientissimorum fuisse sententiam, Law of Nature. neque hominum ingenijs excogitatam, neque scitum esse populorum, sed eternum quiddam quod universum mundum regeret, imperandi prohibendique, sapiencia, that is, the Law was neither the judgement of the wisest, neither found out by man's wit, nor established by the people, but a certain everlasting thing which should govern the whole world by wisdom, to command, and to prohibit, which saying, rather seemeth to be a definition of the Law of Nature, then of the Law generally, after the opinion of Osorius. Osorius. 178. Lex est recta ratio deterrens a flagitijs, et ad studium honestatis impellent. That is, the Law is the perfect Definition of law generally. reason, fearing men from evil and wicked acts, & forcing them to the study of virtue and good things. And Musculus in his common places, saith. That Law may be said to be reason, rule and sentence, which is strengthened Musculus. 76 with authority and justice, whereby are commanded such things as are to be kept and performed, and such things as are to be avoided, are forbidden, which me seemeth is very aptly said. Now touching what justice is. Bracton saith, justicia est constans et Lib primo. perpetua voluntas ius suum cuique tribueus, that is justice is a constant and perpetual will, to yield to every one his right, he calleth her constant, because she is not mutable: perpetual, because she shall never decay, touching the qualities of law, Tully saith, that Leges sunt fundamenta Cicero. Commodities of law. civitatum sunt humani generis praesidium atque regimen, quibus homines astricti abstinent iniurijs et faciunt hommines mitiores ac valde exultantes repremunt legum habene. That is, the laws are the foundations of Cities, the safeguard and governors of mankind, by which men being bound, abstain from injuries, they make men gentle, the reigns of law, do greatly bridle and restrain the proud and haughty persons. And yet Anacharsis Anacharsis the wise Sythian was wont to say, that Laws are made like Spiders webs, wherein the weakest & most Laws are compared to Spider's webs. séeblest beasts be catched and stick fast, but the strongest break out: so laws bind the poor and mean persons, but the rich cubs escape unpunished, but this is not the default of law, which is indifferent to all, but of them that have the law in government. The same is not more necessary to the world (saith Aristotel) then good and wholesome laws are for the preservation of Aristotel. the weal public, and surely he saith true, for as the sun by his natural heat and influence, doth comfort The Sun is not more necessay to the world then good laws to the common wealth. preserve and maintain every living thing, herb, plant and tree, and giveth virtue and strength to them, whereby they yield fruit in their due time, according to their kinds and properties, necessary for man's use, so do good and wholesome laws preserve and maintain the state of every kingdom and common wealth, for by law, the honour of God is advanced, Traitors, rebels, and false conspirators (the mortal enemies to every Common wealth, as the Poet saith, Regnorum Profits of law. pessima pestis, seditio) are cut off, whereby the Prince sitteth the more sure in his royal seat. By execution of justice, we possess our lives, our wives, our children, our lands, our goods, and what soever other things we have, when murderers, thieves, robbers, and other offenders have their deserving. By law, common peace and quietness is maintained, if there were no law there would be no order, if there were no order, all things would be confounded, as the Scripture saith, ubi nullus ordo, ibi est confusio. The law of itself is an honourable thing, it hath no desire of revenge, it doth carry an indifferent mind to all sorts in point of justice, it oppresseth none, it is not angry with any, it coveteth no man's life, goods, nor lands, it is induced only for equity's cause, to punish and redress wrongs and injuries, it hateth none, for it knoweth not when nor upon whom it should be revenged, it condemneth none without premonition or forewarning to speak for himself. It generally forbiddeth all men to do evil, it threateneth to all revenge which do transgress her precepts, like as the bridle and the spur driveth and constraineth the horse swiftly and well to perform his journey, so do good and reasonable ordinances & laws, lead & direct men to use good manners and conditions, and thereby to honour, dread, love, and serve God, & virtuously to live among their neighbours, in continual peace and tranquillity, in firm concord and agreement, in a unity of will and mind, and in sincere love and charity, which thing duly to perform, is not given to mankind immediately and only by nature, as is given to all other creatures, which are by nature constrained to do and to live after their kinds, but by God's reasonable ordinances, to instruct and direct men to the same, the law induceth the good subject to be true and faithful to his Prince and sovereign Governor, it encourageth him to do well, whereby he increaseth in wealth, and enjoyeth the fruits of his own endeavour. The Law is terrible to offenders, but comfortable to well doers, Rom. ca 13 Laws are terrible to offenders but comfortable to well doers as S. Paul saith: The Magistrate is not fearful to them that do well, but to them that do evil. Wilt thou be without fear of the power (saith S. Paul) do well then, and so shalt thou be praised of him, for he is the minister of God ordained for thy wealth, but if thou do evil, then fear, for he beareth not the sword in vain, for he is the minister of God to take vengeance on them that do evil, which is meant by Law and justice. The law that yieldeth such good laws can not be sufficiently praised. things as aforesaid, aught to be had in great price, & cannot be sufficiently advanced, magnified and praised, and therefore let every good Subject say always, vivat Rex et currat lex. God grant the Prince long life, and the Law to have his course. If you will consider the miserable estate of such people as live under heathen Princes, The miserable condition of people that live where no laws be. quorum arbitria pro legibus extant, whose judgements are holden for Laws, and where the King saith, Sic volo sic jubeo, stat pro ratione voluntas, so I will, so I command, my pleasure doth stand for reason. And compare the same with the most happy condition of such Nations as live under the Christian Princes, and monarchs of the world, ye shall soon see the great bendage of the one, and the most happy condition and liberty of the other, and among other Christian Nations, how much are we bound to the goodness of almighty God, that live under so gracious, and so christian a Prince, that doth not only make wholesome laws, but also doth maintain The happy state of people that live under good laws all the good laws of her noble progenitors, and among other, that most honourable, most reasonable, most indifferent Law that any nation in the world hath, or that can be devised, which was ordained by Parliament, in the ninth year of the reign of the noble King Henry the third, in this manner. Nullus liber 9 H. 3. ca 28. The honourable law of Henry the third homo capietur seu imprisonetur aut disseisietur de libero tento suo, nec de libertatibus aut liberis consuetudinibus suis nec utlagetur aut expuletur, vel aliquo alio modo destruetur, nec super ipsum ibimus nec super ipsum mittemus nisi ꝑ legal judicium parium suorum, vel per legem terrae, nulls vendemus, nulli negabimus, nulli differemus justitiam sine rectum. That is to say, no man shallbe taken or imprisoned, nor disseised of his freehold, nor put out of his liberties or free customs, or shallbe outlawed, or exiled, or by any means destroyed, neither shall we go or pass upon him but by the lawful judgement of his Peers, or by the Laws of this land, we shall sell, deny or defer justice or right to any. I find in the xlii. year of Edward the 42, Ed, 3, third, that a Commission was granted out of the Chancerte, to take a man and his goods, and to put him in prison, and it was adjudged to be a void proceeding, because it was done without indictment or suit of the parties, or other due process, and not according to the said statute. There is also an other honourable Law made in the xiiii. year of king E. 3. That the justice of any 14 E 3. ca 4, sta 1. Court whatsoever, shall not let to do the Common law for any commandment which shall come to them under the great seal, or the privy seal. And to the end the justices of the Common laws should be the more The justice shall not let to do justice for any common dement of the Prince. careful to perform that law, it is ordained by a statute made 18 E. 3. statuto tertio, that it shallbe part of their oath, when they are made justices (and so it is indeed) so as they are bound as well by that statute, as in respect of their oath to do justice to all men: and every P●●nce of this Realm, doth take a solemn oath in the day of their Coronation, to maintain, and to cause to be observed, the laws, statutes, and customs of this Realm, and her Majesty is also well pleased, (albeit she be above her laws in some respect) yet to be ordered and yield to the same, as other her noble progenitors Prince sworn to maintain law. have done, to her and their great honours, and immortal fames. And because the Law of itself is as Tully saith. Mutus magistratus sed magistratus est lex loquens, that is. The Law is a dumb Magistrate, Cicero Lib 3. de legibus. but the Magistrate is a speaking Law, therefore officers and Ministers must be appointed to execute the same laws. And for that her Majesty cannot be in every ministers must be appointed to execute Laws. place to do justice, nor can in cases betwixt herself and her people be a judge, she is of necessity to impart her authority to others, to aid and assist her in the administration of justice, in the choice of which officers she hath great care (as by the ancient statute made in the first year of E. 3. is ordained touching justice of peace, that they shall be no maintainers of evil, nor barators 1. E. 3. ca, 16, What men may not be justices. in the Country, but shallbe such as Bracton writeth of: Viri sapientes et timentes Deum, in quibus est veritas eloquiorum, et qui oderunt avaritiam quae inducit cupiditatem, Fcc. e, 10. qui ad ●extram neque ad sinistram vel propter What men men ought to be choose to be justices. what they must do. pros● eritatem terrenam vel adversitatis metum, a tramite justiciae declin●nt, sed iudicent populum dei in equitate, ut dici possunt quod psalmista vult eos dici, de vultu corum judicium prodiit veritatis, et quod considerent efficasiter quid oportuerit secundum necessitatem, quod expediret secundum utilitatem, quod ligatum fuerit secundum promissionem, et quid deceat secundum honestatem, et tale judicium diliget honor regis, cuius personam iudicando representant, nulli au tem juris beneficium denegent, a nullo praemium petant recipiantue, ut quisque ius suum libero prosequatur ut in causa vid vae ad eos introcatur, ut sint Orphano et pupillo adiuto, res ut nulli calumniam fieri patientur, ut constitutiones eorum et edicta iure et consuetudinibus approbate communi utilitati conveniant, coram eis nulla deprimat adversariorum potentia sed agat unusquisque quod causa suae desiderat et se temperate, ab iniuria, nec a limitibus iudiciorum justorum avertat eos odium favour, aut gratia, ut dici possit de eis justus es domine et rectum judicium tuum. That is to say: Wisemen fearing GOD, in whose mouth is truth, which hate covetousness, that bringeth desire, which neither to the right hand nor to the left, either for worldly prosperity or for fear of adversity, from the path of right shall decline, but shall judge the people of God in equity, that it may be said of them, as the Psalm speaketh, out of their countenances the judgement of truth doth proceed, and that they consider effectually, what is to be done for necessity, and what is expedient for profit, what shall be bound according to promise, what is meet according to honesty, and such judgement the honour of the King doth love, whose person in judgement they represent, which shall deny the benefit of Law to none, nor shall ask or take any reward of any, that every man may freely prosecute law, that the widow may have access to them, that they be helps to the Orphans and infants, that they suffer no wrong to any to be done, that their constitutions and edicts approved by Customs, may agree to the common profit, before them no power of the adversary must suppress any, but that every one do that which his cause doth require, and temper himself from wrong, and that from the limits of the judgements of the just, no hatred, favour, nor thanks do turn them, that it may be said of them, just art thou Lord, and thy judgement is right. Which saying of Bracton, though it be spoken chiefly of justice of the Cammon laws, for that justices of Peace, were not till long after this time ordained, yet in the choice of them his opinion is so convenient to be used. A justice must be also mild, patiented Property of a justice and gentle, in hearing the causes brought afore him and grave in his answers, as it is well written. Si fueris judex mitisis cord momento, dicito quae possunt dicta decere senem, He must also remember that which Perenesis Isocrates writeth: Ad demonicum, quicquid Perenesis, Isocrates, dicturus es prius apud animum tuum expend, multorum enim cogitationem lingua praecurrit. That is, whatsoever thou shalt speak, first way it in thy mind, for many Nota. men's tongues do run afore their thoughts. And to the end the justice of peace shallbe the more careful to do justice according to the laws, statutes, & custemes Every justice is sworn to do justice of this realm, every of them in their entry into that office, doth take a solemn oath, upon the holy Book of God, as by a statute made in the 13. year of the reign of R. the second is ordained: whereby the most godly, 13 R. 2. gracious, and honourable desire, and disposition of the Princes of this land, that justice should be equally ministered to all sorts of her people, doth most manifestly appear. Now they which are called to sit in place of justice, are further to consider, that they occupy the judgement The justice doth sit in the place of God. seat of God, and therefore it is said to them, Vide te quid faciatis non enim hominis sed des exercetis judicium, that is, take heed what you do, for you do not exercise the judgement of man but of God, and the Gospel saith Quodcunque metieritis et vobis metietur, Whatsoever you measure to others, it shall be measured to you again. And almighty God saith to the judges, Audite illos, et ꝙ justum est iudicate sive sit ille civis sive per egrinus, nulla erit Deu. 1. His duty in judgement. personarum distantia ita parvum audietis ut magnum, quia dei judicium est. That is, hear them, & judge rightly whether he be a Citizen or a stranger, there shall be no difference of person, here the small as well as the great. And again. He must take no rewards to do justice. Non accipies personam nec munera quia munera excaecant oculo siudicum, et mutant verba justorum. That is, accept no person in judgement, nor gifts, for gifts blind the eyes of the judge, and change the words of the just. And almighty God by Solomon, saith unto the judges, take Pro, 17. He may not save the wicked nor condenme the just heed thou justify not the wicked, nor condemn the just, for both are abomination to the Lord, let it not be said of you as it is written, Christus crucifigitur, Barrabas autem demittitur. That is, Christ is crucified, and Barrabas (which was a notable thief) is let go, for than it may be rightly said of you. Dat veniam coruis, damnat Lib, primo in fine Thoffice of the justice in causes brought a fore him in judgement. Deu, 16, Censura columbas. That is, he pardoneth the Raven which is a ravening foul, and condemneth the Dove, which is a simple Bird. The office of the judge (as Bracton saith) is also diligenter examinare et cuncta rimari. That is, diligently to examine, and all things to open and make plain, he must make doubtful things certain, and that which carrieth likelihood of truth, he must search out. Almighty God further saith to the judge, quod justum est persequeris ut vivas, et possedeas terram Deu. 16. quam dominus deus tuus dabit tibi. That is to say, that which is right pursue and follow, that thou mayest live and possess the land which the Lord thy God shall give thee. They are with all do consider, that they have taken in hand a thing of right great importance, namely, the execution of Law and justice. whereby the honour of God is advanced, the Prince preserved, and the Common wealth as is aforesaid maintained. Therefore they ought with all diligence and discretion, effectually to pursue and execute the same, according to the trust reposed in them, in doing whereof, God shall assist them, and the Prince will and aught to aid and maintain them in that they supply her place, and so you shall show yourselves worthy to sit in place of justice, and to be accounted good members of the Common wealth, for the preservation whereof, each good subject aught to employ himself, and the rather, sith every one is borne to Every good man must have care to leave after him a commendable memory of his good acts. serve his Prince and Country. And every man ought to endeavour himself, and have great desire to leave to his posterity, a commendable memory of his good acts done in his life time. Quia vivit post funera virtus. for a man's good deeds live when he is dead, and what better fame or commendation can a judge leave after him than that he was a righteous judge, a grave, discrete and sage man in his doings touching justice, that he regarded always the truth and right of the cause brought before him, and not the person, and that he would patiently and quietly bear both parties, and not unadvisedly credit the one, before he hath heard the other, for which cause, almighty God hath given a man two ears, one on the one side, and the other on the other side of his head, and reason, sense and under standing hath placed betwixt both, to conceive and decern the cause, and a tongue to utter that which is right. And forasmuch as the justice cannot by course of law proceed in the era▪ execution of justice without information of others therefore the jurors which are called and charged to inquire and present offences before them inquirable, or to Duty of jurors. try any cause, are to consider that they have also taken upon them a great charge, wherein, if they be remiss or slack in doing their duties, offenders cannot be punished, for the justice cannot be a judge and an informer or accuser also, and so the evil should not only be encouraged to continue in their evil doings, but also others would be emboldened to attempt the like, to the great loss, hindrance, and discouragement of such as desire to live in the fear of God, and due observation of her majesties laws. These jurors take a solemn oath upon the holy book of God, truly to inquire, and jurors are sworn to do truly. true presentment to make of such things, wherewith they shall be charged, and shall not let for favour or affection, displeasure or malice, to say the truth, as God shall help them and the contents of the Book, wherein they are to consider, that in this book are contained Gods everlasting truth, his most holy & eternal word, What consideration men ought to have which take an oath. whereby we have forgiveness of our sins, and be made inheritors of heaven, to live for ever, with God's angels and his saints in joy & gladness. And in the same Book is contained also God's terrible threats to obstinate sinners, which will not amend their lives, nor believe the truth of God's holy word, and the everlasting pain prepared in hell for hypocrites, vain swearers, perjured persons, false witness bearers, unjust condemners of innocent and guiltless men, and for them which for favour hide the offences of evil doers, that they should not be punished, so that whosoever wilfully forsweareth himself, having taken an oath as is aforesaid, doth utterly forsake God's mercy, goodness and truth, by the merits of Christ's death, and whatsoever he hath deserved for us. They refuse forgiveness of sins promised to all penitent sinners, the joys of heaven, the company with angels and saints for ever. All which benefits and comforts are promised to true Christian persons in the Gospel, and they so being for sworn do betake themselves to the devils service, the father of all liars, falsehood, deceit, and perjury, provoking the great indignation and curse of God, against them in this life, and the terrible wrath and judgement of our Saviour Christ, at the great day of the last judgement, when he shall justly judge both the quick and the dead, according to their works. For whosoever forsaketh the truth for love or displeasure of any man, or for lucre or profit to himself, doth forsake Christ, and with judas doth betray him, and although such perjured men's falsehood be now kept secret, yet it shall be opened at the last day, when the secrets of all men's hearts shall be manifest to all the world, and the truth shall appear and accuse them, and their own conscience, with all the blessed company of heaven, shall bear witness truly against them, and Christ the righteous judge, shall then justly condemn them to everlasting shame and death. This sin of Mala, 3. perjury, almighty God by the prophet Malachy doth threaten to punish severely, saying to the jews, I will Punishment of per jury by God. come to you in judgement, and I will be a swift witness, and a sharp judge upon sorcerers, adulterers, and perjured persons. Which thing to the Prophet Zacherie, almighty Zach. 5. God declareth in a vision, wherein the prophet did see a Book flying in the air, which was 20. cubits long, & 10 cubits broad, & God said then to him this is the curse that shall go forth upon the face of the earth, for 〈◊〉 〈◊〉, false swearing, & perjury, and this curse shall enter 〈◊〉 〈◊〉 house of the false man, and into the house of the per●●●…ed man, and it shall remain in the midst thereof & consume even the timber & stones of the same. Thus you see how much God doth hate perjury, and what punishment he hath prepared for false swearers and perjured persons. It is commanded by the law of God, that none should take his name in vain, for the Lord will not hold him guiltless that taketh his name in vain, and how can a man more deeply offend against that law, then when he sweareth and taketh God to witness that he will say truth, and yet setteth forth falsehood, and covereth the truth, and as the offence of perjury is detestable before God, so are the offenders therein subject to the punishment of the Law of this Realm. For by a 3. H. 7, Cap. 1. statute made in the 3. year of the Reign of the noble king Henry the seventh, it is ordained, that the justices afore whom such men are sworn, have power to impanell a jury, to inquire of their consealinge Punishment of jurors by the law for conseling of the truth. whereof if they happen to be indicted & convicted, they may impose such fines upon them, as to their discretion in that behalf shall seem convenient: besides this, none of them shall afterwards be received to give testimony in matter of truth, nor be put in juries for trial of any cause, so much doth the law detest their unjust and wicked dealings, to their utter reproach and discredit for ever. Wherefore, as they will show themselves to fear God, to advance his honour, to tender nota. her majesties service, the Common wealth of this Country, avoid the danger of Law, and desire that the world may continue in that good opinion which it hath conceived of their upright and just dealing, so they are to endeavour themselves to discharge there duties in the things to be committed to their charge. FINIS.