Vox Regis: OR, THE DIFFERENCE BETWIXT A KING Ruling by LAW, AND A TYRANT BY HIS Own Will: With the Excellency of the ENGLISH Laws, Rights and privileges. In Two SPEECHES of King JAMES to the PARLIAMENTS in 1603. and March 21. 1609. And in his Basilicon Doron. Which may be an APPENDIX to Vox Populi. London, Printed for Francis Smith at the Elephant and Castle near the Royal Exchange in Cornhill, 1681. As an APPENDIX to what hath been said in Vox Populi( being so much in the Justification thereof) we shall presume to annex part of King James his Speeches to the Parliaments in 1603, and 1609. As also his Advice to his Son in his Bazilicon Doron, viz. In his Speech to the Parliament 1603. he expresseth himself in these words, viz. I Do aclowledge that the special and greatest point of difference that is betwixt a righfull King and an usurping Tyrant, is in this: That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for satisfaction of his desires and unreasonable Appetites, The righteous and just King doth by the contrary aclowledge himself to be ordained for the procuring of the Wealth and Prosperity of his People; and that his great and principal worldly felicity must consist in their Prosperity: If you be rich, I cannot be poor; if you be happy, I cannot but be fortunate; and I protest your welfare shall ever be my greatest care and contentment. And that I am a Servant, it is most true, that as I am Head and governor of all the People in my Dominion who are my natural Subjects, considering them in distinct ranks, so if we will take in the People as one Body, then as the Head is ordained for the Body, and not the Body for the Head, so must a Righteous King know himself to be Ordained for his People, and not his People for him. Wherefore, I will never be ashamed to confess it my principal Honour to be the great Servant of the Common-wealth, and ever think the Prosperity thereof to be my greatest Felicity, &c. In his Speech to the Parliament, March 21. 1609. he expresseth himself as followeth. IN these our times we are to distinguish betwixt the State of Kings in the first Original, and between the State of settled Kings and Monarchs, that do at this time Govern in Civil Kingdoms: For even as God during the time of the Old Testament, spake by Oracles and wrought by Miracles, yet how soon it pleased him to settle a Church( which was bought and Redeemed by the Blood of his only Son Christ) then was there a cessation of both: He ever after Governing his Church and People within the limits of his revealed Will. So in the first Original of Kings, whereof some had their beginning by Conquest, and some by Election of the People, their Wills at that time served for a Law; yet how soon Kingdoms began to be settled in Civility and Policy, then did Kings set down their Minds by Laws, which are properly made by the King only; but at the Rogation of the people, the Kings Grant being obtained thereunto; and so the King came to be Lex loquens, a speaking Law, after a sort binding himself by a double Oath to the observation of the Fundamental Laws of his Kingdom: Tacitly as by being a King, and so bound to protect as well the People as the Laws of his Kingdom; and expressly by his Oath at his Coronation: so as every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws, in framing his Government agreeable thereunto, according to that Paction which God made with Noah after the deluge: Hereafter Seed-time and Harvest, Summer and Winter, could and Heat, Day and Night shall not cease, so long as the Earth remains. And therefore a King Governing in a settled Kingdom; leaves to be a King and degenerates into a Tyrant as soon as he leaves off to Rule according to his Laws. In which case the Kings Conscience may speak unto him as the poor Widow said to Philip of Macedon, Either Govern according to your Law, aut ne Rex●sis, or cease to be King; and though no Christian man ought to allow any Rebellion of People against their Prince, yet doth God never leave Kings unpunished when they transgress these limits. For in that same Psalm where God saith to Kings, Vos dii estis, Ye are Gods, he immediately thereafter concludes, But ye shall die like men: the higher we are placed, the greater shall our fall be; Ut casus sic dolor, as the fall, so the grief, the taller the Trees be, the more in danger of the Wind; and the tempest beats sorest upon the highest Mountains. Therefore all Kings that are no Tyrants or Perjured, will be glad to bound themselves within the limits of their Laws, and they that persuade them the contrary, are Vipers and Pests both against them and the Common-wealth. For it is a great difference betwixt a Kings Government in a settled Estate; and what Kings in their Original power might do in Individio vago: As for my part, I thank God I have ever given good proof that I never had intention to the contrary: And I am sure to go to my grave with that reputation and comfort, that never King was in all his time more careful to have his Laws duly observed, and himself to Govern thereafter, than I. That Just Kings will ever be willing to declare what they will do, if they will not incur the Curse of God. I will not be content that my power be disputed upon, but I shall ever be willing to make the reason appear of all my doings, and Rule my actions according to the Laws. And afterwards speaking of the Common Law of England, which some conceived he contemned, saith to this purpose. That as a King he had least cause of any man to dislike the Common Law: for no Law can be more favourable and advantageous for a King, and extendeth further his Prerogative, than it doth; and for a King of England to despise the Common Law, it is to neglect his own Crown. It is true, that no Kingdom in the world but every one of them hath their own Municipal Laws agreeable to their Customs, as this Kingdom hath the Common Law. Nay, I am so far from disallowing the Common Law, as I protest that if it were in my hand to choose a new Law for this Kingdom, I would not only prefer it before any other National Law, but even before the very Judicial Law of Moses, for conveniency to this Kingdom at this time, though in another respect I must say, both our Law and all Laws else are very inferior to that Judicial Law of God; for no Book nor Law is perfect nor free from corruption, except only the Book and Law of God. And therefore I could wish that some corruptions might be purged and cleared in the Common Law, but always by the advice of Parliaments; for the King with his Parliament here are absolute in making or forming of any sort of Laws. First, I could wish that it were written in our Vulgar Language; for now it is an Old mixed corrupt Language, only understood by Lawyers: whereas every Subject ought to understand the Law under which he lives: for since it is our Plea against the Papists, that the Language in Gods Service ought not to be in an unknown Tongue, according to the Rule in the Law of Moses, that the Law should be written in the fringes of the Priests Garment, and should be publicly red in the ears of all the people; so me thinks ought our Law to be made as plain as can be to the People, that the excuse of Ignorance may be taken from them for comforming themselves thereunto. Next, our Common Law hath not a settled Text, being chiefly grounded upon Old Customs, which you call Responsa Prudentum— I could wish that some more certain were set down in this case by Parliament: for since the Reports themselves are not always so binding, but that divers times Judges do disclaim them, and recede from the judgement of their Predecessors: it were good that upon a mature deliberation the Exposition of the Law were set down by Act of Parliament, and such Reports therein confirmed as were thought sit to serve for Law in all times hereafter, and so the people should not depend upon the bare Opinions of Judges, and uncertain Reports. And lastly, there be in the Law contrary Reports and Presidents; and this corruption doth likewise concern the Statutes and Acts of Parliament, in respect there are divers across and cuffing Statutes, and some so penned as they may be taken in divers yea contrary sences. And therefore would I wish both those Statutes and Reports, as well in the Parliament as Common Law, to be once materially Reviewed and Reconciled. And that not only Contrarieties should be scraped out of our Books, but that even such penal Statutes as were made but for the use of the time( for breach whereof no man can be free) which do not now agree which the condition of this our time, might likewise be left out of our Books, which under a Tyrannous and avaricious King could not be endured. And this Reformation might, we think, be made a worthy work, and well deserves a Parliament to be set of purpose for it, &c. And as to the point of Grievances tells them," That there are two special causes of the peoples presenting Grievances to their King in time of Parliament. First, for that the King cannot at other times be so well informed of all the Grievances of his People, as in time of Parliament, which is the Representative Body of the whole Realm. Secondly, the Parliament is the highest Court of Justice, and therefore the fittest place where divers natures of Grievances may have their proper remedy by the establishment of good and wholesome Laws: Wherein he addresses himself especially to the lower House, who as representing the Body of the People, may as it were both Oppotunè & Inopportunè, in season and out of season; I mean either in Parliament as a Body, or out of Parliament as private men, present your grievances unto me.— I am not to find fault that you inform yourselves of the parparticular Grievances of the people: Nay I must tell you, ye can neither be just nor faithful to me or to your countries that trust and employ you, if you do not; for true plaints proceed not from the persons employed, but from the Body represented, which is the People. And it may very well be, that many Directions and Commissions justly given forth by me, may be abused in the execution thereof upon the People, and yet I never to receive information, except it come by your means at such a time as this is. To which we may add what he saith to his Son, in his Basilikon Doron, p. 155, 156, of his Works, viz. For the part of making and Executing of Laws, consider first the true difference betwixt a Lawful King and a Usurping Tyrant, and ye shall the more easily understand your Duty herein; for contraria juxta se posita magis elucescunt. The one acknowledgeth himself Ordained for his People, having received from God a burden of Government, whereof he must be accountable: The other thinketh his People Ordained for him, a prey to his Passions and inordinate Appetites, as the Fruits of his Magnanimity: And therefore as their ends are directly contrary, so are their whole Actions, as means whereby they press to attain to their ends: A good King thinketh the highest Honour to consist in the due discharge of his Calling, employeth all by Study and Pains to procure and maintain, by the making and Execution of good Laws, the Welfare and Peace of his People; and as their natural Father and kindly Master, thinketh his greatest contentment, standeth in their Prosperity, and his greatest surety in having their hearts, subjecting his own private affections and Appetites to the Weal and standing of his Subjects, ever thinking the Common Interest his chiefest particular: Whereby the contrary, an Usurping Tyrant thinking his greatest Honour and Felicity to consist in attaining, per fas aut nefas, to his ambitious pretences, thinketh never himself sure but by the dissension and Factions among his People, and Counterfeiting the Saint while he once creep in Credit, will then( by inverting all good Laws to serve only his unruly private Affections) frame the Common Weal ever to advance his particular, building his surety upon his Peoples Misery; and in the end( as a Step-Father and an uncouth Hireling) make up his own hand upon the Ruins of the republic; and according to their Actions so receive they their Reward. For a good King after a happy Reign, death in Peace, Lamented by his Subjects, admired by his Neighbours, and leaving a reverence behind him on Earth, obtaineth the Crown of Eternal Felicity in Heaven. And although some of them( which falleth out very rarely) may be cut off by the Treason of some unnatural Subjects, yet liveth their famed after them, and some notable plague faileth never to overtake the committers in this life, besides their infamy to all posterities hereafter. Whereby the contrary, a Tyrants miserable and infamous life armeth in the end his own Subjects to become by Burreaux; and although that Rebellion be ever unlawful on their part, yet is the world so wearied of him, that his fall is little meaned by the rest of his Subjects, and but smiled at by his Neighbours. And besides, the infamous memory he leaveth behind him here, and the endless pain he sustaineth hereafter, it oft falleth out, that the Committers not only escape unpunished, but further, the fact will remain as allowed by the Law in divers ages thereafter. It is easy then for you, my Son, to make a choice of one of these two sorts of Rulers, by following the way of virtue to establish your standing. FINIS.