HIS majesties speech IN THE starchamber, THE XX. OF june. ANNO 1616.  
¶ imprinted at London by ROBERT BARKER, Printer to the Kings most Excellent majesty.   

HIS majesties speech IN THE starchamber.  
give thy Judgements to the King, O God, and thy righteousness to the Kings son. These bee the first words of one of the psalms of the Kingly Prophet david, whereof the literal sense runs vpon him and his son Salomon, and the mystical sense vpon GOD, and CHRIST his eternal son: but they are both so woven together, as some parts are, and can onely be properly applied unto GOD and CHRIST, and other parts unto david and Salomon, as this Verse, give thy Iudgement to the King, O God, and thy righteousness to the Kings son, cannot be properly spoken of any, but of david and his son; because it is said, give thy Iudgement, &c. Now God cannot give to himself. In another part of the same psalm, where it is said, that righteousness shall flourish, and abundance of Peace, as long as the moon endureth, it signifieth eternity, and cannot bee properly applied but to GOD and CHRIST: But both senses, as well literal as mystical, serve to Kings for imitation, and especially to Christian Kings: for Kings sit in the Throne of GOD, and they themselves are called Gods.  
And therefore all good Kings in their government, must imitate God and his Christ, in being just and righteous; david and Salomon, in being godly and wise: To be wise, is understood, able to discern, able to judge others: To be godly is, that the fountain be pure whence the streams proceed: for what avails it though all his works bee godly, if they proceed not from godliness: To be righteous, is to a mans self: To bee just, is towards others: But Iustice in a King avails not, unless it be with a clean heart: for except he be Righteous, as well as just, he is no good King: and what ever iustice he doth; except he doth it for Iustice sake, and out of the pureness of his own heart, neither from private ends, vainglory, or any other by-respects of his own, all such Iustice is unrighteousness, and no true Iustice. From this imitation of GOD and CHRIST, in whose Throne wee sit, the government of all Common-wealths, and especially Monarchies, hath been from the beginning settled and established. Kings are properly Iudges and Iudgement properly belongs to them from GOD: for Kings sit in the Throne of GOD, and thence all Iudgement is derived.  
In all well settled Monarchies, where Law is established formally and orderly, there Iudgement is deferred from the King to his subordinate Magistrates; not that the King takes it from himself, but gives it unto them: So it comes not to them Priuatiuè, but Cumulatiuè, as the schoolmen speak. The ground is ancient, ever sithence that counsel which jethro gave to Moses: for after that Moses had governed a long time, in his own person, the burden grew so great, having none to help him, as his father in law coming to visit him, found him so cumbered with ministering of Iustice, that neither the people were satisfied, nor he well able to perform it; Therefore by his advice, Iudges were deputed for easier questions, and the greater and more profound were left to Moses: And according to this establishment, all Kings that haue had a formal government, especially Christian Kings in all aages haue governed their people, though after a diuers maner.  
This Deputation is after one maner in France, after another here, and even my own kingdoms differ in this point of government: for Scotland differs both from France and England herein; but all agree in this,( I speak of such kingdoms or States where the formality of law hath place) that the King that sits in Gods Throne, onely deputes subaltern Iudges, and he deputes not one but a number( for no one subaltern Iudges mouth makes Law) and their office is to interpret Law, and administer Iustice. But as to the number of them, the form of government, the manner of interpretation, the distinction of Benches, the diversity of Courts; these varie according to the variety of government, and institution of diuers Kings: So this ground I lay, that the feat of Iudgement is properly Gods, and Kings are Gods Vicegerents; and by Kings Iudges are deputed under them, to bear the burden of government, according to the first example of Moses by the advice of jethro, and sithence practised by david and Salomon, the wisest Kings that ever were; which is in this psalm so interlaced, that as the first verse cannot be applied properly but to david and Salomon, in the words, give thy iudgement to the King, &c. So the other place in the same psalm, righteousness shall flourish, and abundance of peace shall remain as long as the moon endureth, properly signifieth the eternity of CHRIST. This I speak to show what a near coniunction there is between God and the King upward, and the King and his Iudges downwards: for the same coniunction that is between God and the King upward; the same coniunction is between the King and his Iudges downwards.  
As Kings borrow their power from God, so Iudges from Kings: And as Kings are to account to God, so Iudges unto God and Kings; and both Kings and Iudges by imitation, haue two qualities from God and his Christ, and two qualities from david and his Salomon. Iudgement and righteousness, from God and Christ: godliness and wisdom from david and Salomon. And as no King can discharge his account to God, unless he make conscience not to alter, but to declare and establish the will of God: So Iudges cannot discharge their accounts to Kings, unless they take the like care, not to take vpon them to make law, but joined together after a deliberate consultation, to declare what the Law is; For as Kings are subject unto GODS Law, so they to mans Law. It is the Kings Office to protect and settle the true interpretation of the Law of God within his Dominions: And it is the Iudges Office to interpret the Law of the King, whereto themselves are also subject.  
having now performed this ancient proverb, A jove principium, which though it was spoken by a Pagan, yet it is good and holy: I am now to come to my particular Errand, for which I am here this day; wherein I must handle two parts: First, the reason why I haue not these fourteen yeeres, sithence my Coronation until now, satisfied a great many of my loving subiects, who I know haue had a great expectation, and as it were a longing, like them that are with child, to hear me speak in this place, where my Predecessors haue often satin, and especially King Henry the seventh; from whom, as diuers ways before, I am lineally descended, and that doubly to this crown; and as I am nearest descended of him, so do I desire to follow him in his best actions.  
The next part is the reason, Why I am now come: The cause that made me abstain, was this: When I came into England although I was an old King, past middle age, and practised in government euersithence I was twelve yeeres old; yet being here a stranger in government, though not in blood, because my breeding was in another kingdom; I resolved therfore with Pythagoras to keep silence seven yeres, & learn myself the laws of this kingdom, before I would take vpon me to teach them unto others: When this apprenticeship was ended, then another impediment came, which was in the choice of that cause, that should first bring me hither. I expected some great cause to make my first entry vpon: For I thought that having abstained so long, it should bee a worthy matter that should bring me hither. Now every cause must be great or small: In small causes I thought it disgraceful to come, having been so long absent: In great causes, they must be either betwixt the King and some of his Subiects, or betwixt subject and subject.  
In a cause where myself was concerned, I was loathe to come, because men should not think I did come for my own private, either prerogative or profit; or for any other by-respect: And in that I will always abide the trial of men and Angels, never to haue had any particular end, in that which is the main of all things, Iustice.  
In a great cause also between party and party, great in respect either of the question, or value of the thing, my coming might seem, as it were obliquely, to bee in favour of one party, and for that cause this counsellor, or that Courtier might bee thought to move me to come hither; And a mean cause was nor worthy of me, especially for my first entrance: So, lack of choice in both respects, kept me off till now: And now having passed a double apprenticeship of twice seven yeeres, I am come hither to speak unto you. And next as to the reasons of my coming at this time, they are these:  
I haue observed in the time of my whole reign here, and my double apprenticeship, diuers things fallen out in the judicatures here at Westminster Hall, that I thought required and urged a reformation at my hands; whereupon I resolved with myself, that I could not more fitly begin a reformation, then here to make an open declaration of my meaning. I remember Christs saying, My sheep hear my voice, and so I assure myself, my people will most willingly hear the voice of me, their own shepherd and King; whereupon I took this occasion in mine own person here in this seat of Iudgement, not judicially, but declaratorily and openly to give those directions, which, at other times by piecemeal, I haue delivered to some of you in diuers less public places; but now will put it up in all your audience, where I hope it shall bee truly carried, and cannot be mistaken, as it might haue been when it was spoken more privately. I will for order sake take me to the method of the number of Three, the number of perfection, and vpon that number distribute all I haue to declare to you.  
FIrst I am to give a charge to myself: for a king, or judge under a king, that first gives not a good charge to himself, will never be able to give a good charge to his inferiors; for as I haue said, Good riuers cannot flow but from good springs; if the fountain be impure, so must the riuers be.  
Secondly, to the Iudges: And thirdly, to the Auditory, and the rest of the inferior ministers of Iustice.  
First I protest to you all, in all your audience, here sitting in the seat of Iustice, belonging unto God, and now by right fallen unto me, that I haue resolved, as Confirmation in Maiority followeth baptism in minority; so now after many yeeres, to renew my promise & oath made at my Coronation concerning Iustice, and the promise therein for maintenance of the Law of the land. And I protest in Gods presence, my care hath ever been to keep my conscience clear in all the points of my Oath, taken at my Coronation, so far as human frailty may permit me, or my knowledge inform me, I speak in point of Iustice and Law; For Religion, I hope I am reasonably well; known already: I mean therefore of Law and Iustice; and for Law, I mean the Common Law of the land, according to which the King governs, and by which the people are governed. For the Common Law, you can all bear me witness, I never pressed alteration of it in Parliament; but on the contrary, when I endeavoured most an union real, as was already in my person, my desire was to conform the laws of Scotland to the Law of England, and not the Law of England to the Law of Scotland; and so the prophesy to bee true of my wise Grandfather Henry the 7. who foretold that the lesser kingdom by marriage, would follow the greater, and not the greater the lesser: And therefore married his eldest daughter Margaret to james the fourth, my great Grandfather.  
It was a foolish Querke of some Iudges, who held that the Parliament of England, could not unite Scotland and England by the name of Great britain, but that it would make an alteration of the laws, though I am since come to that knowledge, that an act of Parliament can do greater wonders: And that old wise man the treasurer Burghley was wont to say, he knew not what an act of Parliament could not do in England; for my intention was always to effect union by uniting Scotland to England, and not England to Scotland: For I ever meant, being ever resolved, that this Law should continue in this kingdom, and two things moved me thereunto; One is, that in matter of policy and State, you shall never see any thing anciently and maturely established, but by innovation or alteration it is worse then it was, I mean not by purging of it from corruptions, and restoring it to the ancient integrity; An other reason was, I was sworn to maintain the Law of the land, and therefore I had been perjured if I had altered it; And this I speak to roote out the conceit and misapprehension, if it bee in any heart, that I would change, damnify, vilify, or suppress the Law of this Land. GOD is my judge I never meant it; And this confirmation I make before you all.  
To this I join the point of Iustice, which I call Vnicuique suum tribuere. All my council, and Iudges, dead and alive can, and could bear me witness, how unpartial I haue been in declaring of Law. And where it hath concerned me in my own inheritance, I haue as willingly submitted my interest to the Law, as any my Subiects could do, and it becomes me so to do, to give example to others: much less then, will I be partial to others, where I am not to myself. And so resolve yourselves, Iustice with me may bee moderated in point of clemency: for no Iustice can bee without mercy. But in matters of Iustice to give every man his own, to bee blind without eyes of partiality; This is my full resolution.  
I used to say when I was in Scotland, if any man moved me to delay Iustice, that it was against the Office of a King so to do; But when any made svit to hasten Iustice, I  told them I had rather grant forty of these suits, then one of the other: This was always my custom and shal be ever, with Gods leave.  
Now what I haue spoken of Law and Iustice, I mean by the Law kept in her own bounds: For I understand the inheritance of the King, and Subiects in this land, must bee determined by the Common Law, &c; and that is, by the Law set down in our forefathers time, expounded by learned men diuers times after in the declaratory Comments, called Responsa Prudentum; Or else by Statute Law, set down by Act of Parliament, as occasion serves: By this I do not servile all other laws of England; but this is the Law of inheritance in this kingdom.  
There is another Law, of all laws free and supreme, which is GODS LAW: And by this all Common and municipal laws must be governed: And except they haue dependence vpon this Law, they are unjust and unlawful.  
When I speak of that Law, I onely give this touch, That that Law in this kingdom hath been too much neglected, and Churchmen too much had in contempt, I must speak trewth, Great men, Lords, Iudges, and people of all degrees from the highest to the lowest, haue too much contemned them: And GOD will not bless us in our own laws, if we do not reverence and obey GODS LAW; which cannot be, except the interpreters of it be respected and reverenced.  
And it is a sign of the latter dayes drawing on; even the contempt of the Church, and of the Gouernours and Teachers thereof now in the Church of ENGLAND, which I say in my conscience, of any Church that ever I red or knew of, present or past, is most pure, and nearest the primitive and apostolical Church in Doctrine and Discipline, and is sureliest founded vpon the word of God, of any Church in christendom.  
Next unto this Law is the Law of Nations, which God forbid should bee barred, and that for two causes: One, because it is a Law to satisfy strangers, which will not so well hold themselves satisfied with other municipal laws: An other, to satisfy our own Subiects in matters of piracy, Marriage, Wills, and things of like nature: That Law I divide into civil and Canon; And this Law hath been so much encroached vpon, sithence my coming to the crown, and so had in contempt, that young men are discouraged from studying, and the rest weary of their lives that do profess it, and would bee glad to seek any other craft.  
So, speaking of the Common Law, I mean the Common Law kept within her own limits, and not derogating from these other laws, which by long custom haue been rooted here, first, the LAW OF GOD and his Church, and next, the Law civil and Canon, which in many cases cannot be wanting.  
To conclude this charge which I give myself, I profess to maintain all the points of mine Oath, especially in laws, and of laws, especially the Common-Law.  
And as to maintain it, so to purge it; for else it cannot be maintained: and especially to purge it from two corruptions, incertainty and novelty: incertainty is found in the Law itself, wherein I will bee painful to clear it to the people, and this is properly to be done in Parliament by advice of the Iudges.  
The other corruption is introduced by the Iudges themselves, by niceties that are used, where it may be said, Ab initio non fuit sic.  
Nothing in the world is more likely to bee permanent to our eyes then iron or steel, yet the rust corrupts it, if it bee not kept clean: which sheweth nothing is permanent here in this world, if it be not purged: So I cannot discharge my conscience in maintaining the laws, if I keep them not clean from corruption.  
And now that I may be like the pastor, that first takes the Sacrament himself, and then gives it to the people: So I haue first taken my own charge vpon me, before I give you your Charge, lest it might bee said, Turpe est doctori, cum culpa redarguit ipsum.  
NOw my Lords the Iudges for your parts, the charge I haue to give you, consists likewise in three parts.  
First in general, that you do Iustice uprightly, as you shall answer to GOD, and me: for as I haue onely GOD to answer to, and to expect punishment at his hands, if I offend; So you are to answer both to GOD and to me, and expect punishment at GODS hands and mine, if you be found in fault.  
Secondly, to do Iustice indifferently between subject and subject, between King and subject, without delay, partiality, fear or bribery, with stout and upright hearts, with clean and uncorrupt hands.  
When I bid you do Iustice boldly, yet I bid you do it fearfully; fearfully in this, to utter your own conceits, and not the true meaning of the Law: And remember you are no makers of Law, but interpreters of Law, according to the true sense thereof; for your Office is Ius dicere, and not Ius dare: And that you are so far from making Law, that even in the higher House of Parliament you haue no voice in making of a Law, but onely to give your advice when you are required.  
And though the laws bee in many places obscure, and not so well known to the multitude as to you, and that there are many parts that come not into ordinary practise, which are known to you, because you can find out the reason thereof by books and presidents; yet know this, that your interpretations must bee always subject to common sense and reason.  
For I will never trust any interpretation, that agreeth not with my common sense and reason, and true logic: for Ratio est anima Legis in all human laws, without exception; it must not bee sophistry or strains of wit that must interpret, but either clear Law, or solid reason.  
But in Countreys where the formality of Law hath no place, as in denmark, which I may truly report, as having myself been an eye-witnesse thereof; all their State is governed onely by a written Law; there is no advocate or proctor admitted to pled, onely the parties themselves pled their own cause, and then a man stands up and reads the Law, and there is an end; for the very lawbook itself is their onely judge. Happy were all kingdoms if they could be so: But here, curious wits, various conceits, different actions, and variety of examples breed questions in Law: And therefore when you hear the questions, if they bee plain, there is a plain way in itself; if they bee such as are not plain( for mens inventions daily abound) then are you to interpret according to common sense, and draw a good and certain Minor of natural reason, out of the Maior of direct Lawe, and thereupon to make a right and true Conclusion.  
For though the Common Law be a mystery and skill best known unto yourselves, yet if your interpretation bee such, as other men which haue logic and common sense understand not the reason, I will never trust such an Interpretation.  
Remember also you are Iudges, and not a judge; and divided into Benches, which sheweth that what you do, that you should do with advice and deliberation, not hastily and rashly, before you well study the case, and confer together; debating it duly, not giuing single opinions, per emendicata suffragia; and so to give your Iudgement, as you will answer to God and me.  
Now having spoken of your Office in general, I am next to come to the limits wherein you are to bound yourselves, which likewise are three. First, encroach not vpon the prerogative of the crown: If there fall out a question that concerns my prerogative or mystery of State, deal not with it, till you consult with the King or his council, or both: for they are transcendent matters, and must not be sliberely carried with ouer-rash wilfulness; for so may you wound the King through the sides of a private person: and this I commend unto your special care, as some of you of late haue done very well, to blunt the sharp edge and vain popular humour of some Lawyers at the bar, that think they are not eloquent and bold spirited enough, except they meddle with the Kings prerogative: But do not you suffer this; for certainly if this liberty bee suffered, the Kings prerogative, the crown, and I, shall be as much wounded by their pleading, as if you resolved what they disputed: That which concerns the mystery of the Kings power, is not lawful to bee disputed; for that is to wade into the weakness of Princes, and to take away the mystical reverence, that belongs unto them that sit in the Throne of God.  
Secondly, That you keep yourselves within your own Benches, not to invade other jurisdictions, which is unfit, and an unlawful thing; In this I must enlarge myself. Besides the Courts of Common Law, there is the Court of Requests; the admiralty Court; the Court of the President and council of walls, the President and council of the North; High Commission Courts, every Bishop in his own Court.  
These Courts ought to keep their own limits and bounds of their Commission and Instructions, according to the ancient Presidents: And like as I declare that my pleasure is, that every of these shall keep their own limits and bounds; So the Courts of Common Lawe are not to encroach vpon them, no more then it is my pleasure that they should encroach vpon the Common Law. And this is a thing regal, and proper to a King, to keep every Court within his own bounds.  
In Westminster hall there are four Courts: Two that handle causes civil, which are the Common-pleas, and the Exchequer: Two that determine causes criminal, which are the Kings-Bench, and the starchamber, where now I sit. The Common-Pleas is a part and branch of the Kings-Bench; for it was first all one Court; and then the Common-Pleas being extracted, it was called Common-Pleas; because it meddled with the Pleas of private persons, and that which remained, the Kings-Bench. The other of the Courts for civil Causes, is the Exchequer, which was ordained for the Kings revenue: That is the principal Institution of that Court, and ought to be their chief study; and as other things come orderly thither by occasion of the former, they may bee handled, and Iustice there administered.  
keep you therefore all in your own bounds, and for my part, I desire you to give me no more right in my private prerogative, then you give to any subject; and therein I will bee acquiescent: As for the absolute prerogative of the crown, that is no subject for the tongue of a Lawyer, nor is lawful to be disputed.  
It is Athiesme and blasphemy to dispute what God can do: good Christians content themselves with his will revealed in his word. So, it is presumption and high contempt in a subject, to dispute what a King can do, or say that a King cannot do this, or that; but rest in that which is the Kings revealed will in his Law.  
The Kings-Bench is the principal Court for criminal causes, and in some respects it deals with civil causes.  
Then is there a chancery Court; this is a Court of equity, and hath power to deal likewise in civil causes. It is called the dispenser of the Kings Conscience, following always the intention of Lawe and Iustice; not altering the Law, not making that black which other Courts made white, nor, èconuerso; But in this it exceeds other Courts, mixing mercy with Iustice, where other Courts proceed only according to the strict rules of Law: And where the rigour of the Law in many cases will undo a subject, there the chancery tempers the Law with equity, and so mixeth mercy with Iustice, as it preserves men from destruction.  
And thus( as before I told you) is the Kings Throne established by mercy and Iustice.  
The chancery is vndependant of any other Court, and is onely under the King: There it is written Teste meipso; from that Court there is no appeal. And as I am bound in my Conscience to maintain every Courts jurisdiction, so especially this, and not suffer it to sustain wrong; yet so to maintain it, as to keep it within the ownelimits, and free from corruption. My Chancellor that now is, I found him Keeper of the seal, the same place in substance, although I gave him the style of Chancellor, and God hath kept him in it till now; and I pray God he may hold it long; and so I hope he will. He will bear me witness, I never gave him other warrant, then to go on in his Court according to Presidents, warranted by Law in the time of the best governing Kings, and most learned Chancellors; These were the limits I gave unto him; beyond the same limits he hath promised me he will never go.  
And as he hath promised me to take no other jurisdiction to himself, so it is my promise ever to maintain this jurisdiction in that Court: Therefore I speak this to vindicate that Court from misconceipt and contempt.  
It is the duty of Iudges to punish those that seek to deprave the proceedings of any the Kings Courts, and not to encourage them any way: And I must confess I thought it an odious and inept speech, and it grieved me very much, that it should bee said in Westminster Hall, that a praemunire lay against the Court of the Chancery and Officers there: how can the King grant a praemunire against himself?  
It was a foolish, inept, and presumptuous attempt, and fitter for the time of some unworthy King: understand me aright; I mean not, the chancery should exceed his limit; but on the other part, the King onely is to correct it, and none else: And therefore I was greatly abused in that attempt. For if any was wronged there, the complaint should haue come to me. None of you but will confess you haue a King of reasonable understanding, and willing to reform; why then should you spare to complain to me, that being the high way; and not go the other by-way, and backeway, in contempt of our Authority.  
And therefore sitting here in a seat of Iudgement, I declare and command, that no man hereafter presume to sue a praemunire against the Chancery; which I may the more easily do, because no praemunire can bee sued but at my suite: And I may justly bar myself at mine own pleasure.  
As all inundations come with overflowing the banks, and never come without great inconvenience, and are thought prodigious by Astrologers in things to come: So is this overflowing the banks of your jurisdiction in itself inconvenient, and may prove prodigious to the State.  
Remember therefore, that hereafter you keep within your limits and jurisdictions. It is a special point of my Office to procure and command, that amongst Courts there be a concordance, and musical accord; and it is your parts to obey, and see this kept: And, as you are to observe the ancient laws and customs of England; so are you to keep yourselves within the bound of direct Law, or presidents; and of those, not every snatched president, carped now here, now there, as it were running by the way; but such as haue never been controverted, but by the contrary, approved by common usage, in times of best Kings, and by most learned Iudges.  
The starchamber Court hath been likewise shaken of late, and the last year it had received a sore blow, if it had not been assisted and carried by a few voices; The very name of starchamber, seemeth to procure a reverence to the Court.  
I will not play the critic to descant on the name; It hath a name from heaven, a star placed in it; and a star is a glorious creature, and seated in a glorious place, next unto the Angels. The starchamber is also glorious in substance; for in the composition, it is of four sorts of persons: The first two are privy Councellors and Iudges, the one by wisdom in matters of State; the other, by learning in matters of Law, to direct and order all things both according to Law and State: The other two sorts are peers of the realm, and Bishops: The peers are there by reason of their greatness, to give authority to that Court: The Bishops because of their learning in divinity, and the interest they haue in the good government of the Church: And so, both the learning of both divine and human Law, and experience and practise in government, are conjoined together in the proceedings of this Court.  
There is no kingdom but hath a Court of equity, either by itself, as is here in England, or else mixed, and incorporate in their Office that are Iudges in the Law, as it is in Scotland: But the order of England is much more perfect, where they are divided. And as in case of equity, where the Law determines not clearly, there the chancery doth determine, having equity belonging to it, which doth belong to no other Court: So the starchamber hath that belonging to it, which belongs to no other Court: For in this Court Attempts are punishable, where other Courts punish onely facts; And also where the Law punisheth facts easily, as in case of Riotts or combats, there the starchamber punisheth in a higher degree; And also all combinations of practices and conspiracies; And if the King be dishonoured or contemned in his prerogative, it belongs most properly to the peers and Iudges of this Court to punish it: So then this Court being instituted for so great causes, it is great reason it should haue great honour.  
Remember now how I haue taught you brotherly love one toward another: For you know well, that as you are Iudges, you are all brethren, and your Courts are sisters. I pray you therefore, labour to keep that sweet harmony which is amongst those Sisters the Muses. What greater misery can there be to the Law, then contempt of the Law? and what readier way to contempt, then when questions come, what shall bee determined in this Court, and what in that? Whereupon two evils do arise; The one, that men come not now to Courts of Iustice, to hear matters of right pleaded, and decrees given accordingly, but onely out of a curiosity to hear questions of the jurisdictions of Courts disputed, and to see the event, what Court is like to prevail above the other; And the other is, that the Pleas are turned from Court to Court in an endless circular motion, as vpon Ixions wheel: And this was the reason why I found just fault with that multitude of Prohibitions: for when a poor Minister had with long labour, and great expense of charge and time, gotten a sentence for his Tithes, then comes a Prohibition, and turns him round from Court to Court, and so makes his cause immortal and endless; for by this uncertainty of jurisdiction amongst Courts, causes are scourged from Court to Court, and this makes the fruit of suits like Tantalus fruit, still near the suitors lips, but can never come to taste it. And this in dead is a great delay of Iustice, and makes causes endless: Therefore the onely way to avoid this, is for you to keep your own bounds, and nourish not the people in contempt of other Courts, but teach them reverence to Courts in your public speeches, both in your Benches and in your Circuits; So shall you bring them to a reverence, both of GOD, and of the King.  
keep therefore your own limits towards the King, towards other Courts, and towards other laws, bounding yourselves within your own Law, and make not new Law. Remember, as I said before, that you are Iudges, to declare, and not to make Law: For when you make a Decree never heard of before, you are Law-giuers, and not Law-tellers.  
I haue laboured to gather some Articles, like an Index expurgatorius, of novelties new crept into the Law, and I haue it ready to be considered of: look to Plowdens Cases, and your old Responsa prudentum; if you find it not there, then ( ab initio non fuit sic) I must say with CHRIST, Away with the new polygamy, and maintain the ancient Law pure and undefiled, as it was before.  
TO the Auditory I haue but little to say, yet that little will not be ill bestowed to be said at this time.  
Since I haue now renewed and confirmed my resolution to maintain my Oath, the Law and Iustice of the Land; So do I expect, that you my Subiects do submit yourselves as you ought, to the observance of that Law.  
And as I haue divided the two former parts of my Charge; So will I divide this your submission into three parts; for orderly divisions and method, cause things better to be remembered.  
First in general, that you give due reverence to the Law; and this general divides itself into three.  
First, not to sue, but vpon just cause.  
Secondly, being sued, and Iudgement passed against you, Acquiesce in the Iudgement, and do not tumultuate against it; and take example from me, whom you haue heard here protest, that when ever any Decree shall be given against me in my private right, between me and a subject, I will as humbly acquiesce, as the meanest man in the Land. Imitate me in this, for in every Plea there are two parties, and Iudgement can be but for one, and against the other, so one must always be displeased.  
Thirdly, do not complain and importune me against judgements; for I hold this paradox to be a good rule in government, that it is better for a King to maintain an unjust Decree, then to question every Decree and Iudgement, after the giuing of a sentence; for then suits shall never haue end: Therefore as you come gaping to the Law for Iustice, so bee satisfied and contented when Iudgement is past against you, and trouble not me; but if you find bribery or corruption, then come boldly: but when I say boldly, beware of coming to complain, except you be very sure to prove the iustice of your cause: Otherwise look for Lex Talionis to bee executed vpon you; for your accusing of an upright judge, deserves double punishment, in that you seek to lay infamy vpon a worthy person of that reverent calling.  
And bee not tild on with your own Lawyers tales, that say the cause is just for their own gain; but beleeue the Iudges, that haue no hire but of me.  
Secondly, in your Pleas, presume not to meddle with things against the Kings prerogative, or Honour: Some Gentlemen of late haue been too bold this ways; If you use it, the Iudges will punish you, and if they suffer it, I must punish both them and you. pled not vpon new puritanical strains, that make all things popular; but keep you within the ancient Limits of Pleas.  
Thirdly, make not many changes from Court to Court: for he that changeth Courts, shows to mistrust the justness of the cause. go to the right place, and the Court that is proper for your cause; change not thence, and submit yourselves to the Iudgement given there.  
Thus having finished the charge to myself, the Iudges and the auditory, I am to crave your pardon if I haue forgotten any thing, or been enforced to break my method; for you must remember, I come not hither with a written Sermon: I haue no books to read it out of, and a long speech, manifold business, and a little leisure may well plead pardon for any fault of memory; and truly I know not if I haue forgotten any thing or not.  
And now haue I delivered, First my excuse, why I came not till now: Next, the reasons why I came now: Thirdly, my charge, and that to myself, to you my Lords the Iudges, and to the auditory.  
I haue also an ordinary charge that I use to deliver to the Iudges before my council, when they go their circuits; and seeing I am come to this place, you shall haue that also, and so I will make the old saying true, comb seldom, comb sore, I mean by my long detaining you at this time, which will be so much the more profitable in this auditory; because a number of the auditory will be informed here who may relate it to their fellow Iustices in the country.  
My Lords the Iudges, you know very well, that as you are Iudges with me when you sit here; so are your Iudges under me, and my Substitutes in the circuits, where you are Iudges Itinerant to do Iustice to my people.  
It is an ancient and laudable custom in this kingdom, that the Iudges go thorough the kingdom in Circuits, easing the people thereby of great charges, who must otherwise come from all the remote parts of the kingdom to Westminster Hall, for the finding out and punishing of offences past, and preventing the occasion of offences that may arise.  
I can give you no other charge in effect, but onely to remember you again of the same in substance which I delivered to you this time Twelue-moneth.  
First, remember that when you go your Circuits, you go not onely to punish and prevent offences, but you are to take care for the good government in general of the parts where you travell, as well as to do Iustice in particular betwixt party and party, in causes criminal and civil.  
You haue charges to give to Iustices of peace, that they do their dueties when you are absent, as well as present: Take an account of them, and report their service to me at your return.  
As non of you will hold it sufficient to give a charge, except in taking the account, you find the fruit of it: So I say to you, it will not be sufficient for you, to hear my charge, if at your return, you bring not an account to the harvest of my sowing, which cannot bee done in general, but in making to me a particular report what you haue done.  
For, a King hath two Offices.  
First, to direct things to be done:  
Secondly, to take an account how they are fulfilled, for what is it the better for me to direct as an Angel, if I take not account of your doings.  
I know not whether misunderstanding, or slackness bread this, that I had no account but in general, of that I gave you in particular in charge the last year: Therefore I now charge you again, that at your next return, you repair to my Chancellor, and bring your accounts to him in writing, of those things which in particular I haue given you in charge: And then when I haue seen your accounts, as occasion shall serve, it may bee I will call for some of you, to be informed of the state of that part of the country where your Circuit lay.  
Of these two parts of your service, I know the ordinary legal part of Nisiprius is the more profitable to you: But the other part of iustice is more necessary for my feruice. Therefore as Christ said to the pharisees, Hoc agite, as the most principal: yet I will say, Et illud non omittite: which, that you may the better do, I haue allowed you a day more in your Circuits, then my Predecessors haue done.  
And this you shall find, that even as a King,( let him be never so godly, wise, righteous, and just) yet if the sublaterne magistrates do not their parts under him, the kingdom must needs suffer: So let the Iudges be never so careful and industrious, if the Iustices of Peace under them, put not to their helping hands, in vain is all your labour: For they are the Kings eyes and ears in the country. It was an ancient custom, that all the Iudges both immediately before their going to their Circuits, and immediately vpon their return, repaired to the Lord chancellor of England, both to receive what directions it should please the King by his mouth to give unto them; as also to give him an account of their labours, who was to acquaint the King therewith: And this good ancient custom hath likewise been too much slacked of late; And therefore first of all, I am to exhort & command you, that you bee careful to give a good account to me and my Chancellor, of the dueties performed by all Iustices of Peace in your Circuits: Which government by Iustices, is so laudable and so highly esteemed by me, that I haue made Scotland to be governed by iustices and Constables, as England is. And let not Gentlemen be ashamed of this Place; for it is a place of high Honour, and great reputation, to bee made a Minister of the Kings Iustice, in service of the Common-wealth.  
Of these there are two sorts, as there is of all Companies, especially where there is a great number; that is, good and bad Iustices: For the good, you are to inform me of them, that I may know them, thank them, and reward them, as occasion serves: For I hold a good Iustice of Peace in his country, to do me as good service, as he that waits vpon me in my privy Chamber, and as ready will I be to reward him; For I account him as capable of any Honour, Office, or inditement about my Person, or for any place of council or State, as well as any Courteour that is near about me, or any that haue deserved well of me in foreign employments: Yea I esteem the service done me by a good Iustice of Peace, three hundred miles, yea six hundred miles out of my sight, as well as the service done me in my presence: For as God hath given me large limits, so must I bee careful that my providence may reach to the farthest parts of them: And as Law cannot bee honoured, except Honour be given to Iudges: so without due respect to Iustices of Peace, what regard will be had of the service?  
Therefore let none bee ashamed of this Office, or be discouraged in being a Iustice of Peace, if he serve worthily in it.  
The chancellor under me, makes Iustices, and puts them out; but neither I, nor he can tell what they are: Therefore wee must be informed by you Iudges, who can onely tell, who do well, and who do ill; without which, how can the good bee cherished and maintained, and the rest put out? The good Iustices are careful to attend the service of the King and country, for thanks onely of the King, and love to their country, and for no other respect.  
The bad are either idle Slowbellies, that abide always at home, given to a life of ease and delight, liker Ladies then men; and think it is enough to contemplate Iustice, when as Virtus in actione consistit: contemplative Iustice is no iustice, and contemplative Iustices are fit to be put out.  
Another sort of Iustices are busy-bodies, and will haue all men dance after their pipe, and follow their greatness, or else will not be content; A sort of men, Quise primos omnium esse putant, nec sunt tamen: these proud spirits must know, that the country is ordained to obey and follow GOD and the King, and not them.  
Another sort are they, that go seldom to the Kings service, but when it is to help some of their kindred or alliance; So as when they come, it is to help their friends, or hurt their enemies, making Iustice to serve for a shadow to Faction, and tumultuating the country.  
Another sort are Gentlemen of great worth in their own conceit, and cannot bee content with the present form of government, but must haue a kind of liberty in the people, and must bee gracious Lords, and Redeemers of their liberty; and in every cause that concerns prerogative, give a snatch against a monarchy, through their Puritanical it ching after popularity: Some of them haue shewed themselves too bold of late in the lower house of Parliament: And when all is done, if there were not a King, they would be less cared for then other men.  
And now having spoken of the qualities of the Iustices of Peace; I am next to speak of their number. As I ever held the midway in all things to be the way of virtue, in eschewing both extremities: So do I in this: for vpon the one part, a multitude of Iustices of Peace in the country more then is necessary, breeds but confusion for although it be an old proverb, that Many hands make light work; yet too many make slight work; and too great a number of Iustices of Peace, will make the business of the country to bee the more neglected, every one trusting to another, so as nothing shal be well done; besides the breeding of great corruption: for where there is a great number, it can hardly be, but some willbe corrupted. And vpon the other part, too few Iustices of Peace, will not be able to undergo the burden of the service; And therefore I would neither haue too few, nor too many, but as many in every country, as may, according to the proportion of that country, bee necessary for the performing of the service there, and no more.  
As to the charge you are to give to the Iustices, I can but repeat what formerly I haue  told you; Yet in so good a business, Lectio lecta placet, decies repetita placebit. And as I began with fulfilling the proverb, A jove principium; so will I begin the charge you haue to give to the Iustices with Church-matters: for GOD will bless every good business the better, that he and his Church haue the precedence. That which I am now to speak, is anent Recusants and Papists. You never returned from any Circuit, but by your account made unto me, I both conceived great comfort, and great grief: Comfort, when I heard a number of Recusants in some Circuits to be diminished: grief to my heart and soul, when I heard a number of Recusants to be in other Circuits increased.  
I protest unto you, nothing in the earth can grieve me so much, as mens falling away from Religion in my dayes; And nothing so much joys me, as when that Religion increaseth under me. GOD is my witness, I speak nothing for vainglory; but speak it again; My heart is grieved when I hear Recusants increase: Therefore I wish you Iudges, to take it to heart, as I do, and prevent it as you can; and make me known to my people, as I am.  
There are three sorts of Recusants: The first are they that for themselves will bee no Recusants, but their wives and their families are; and they themselves do come to Church, but once or twice in a year, enforced by Law, or for fashion sake; These may bee formal to the Law, but more false to GOD then the other sort.  
The second sort are they that are Recusants & haue their conscience misled, and therefore refuse to come to Church, but otherwise live as peaceable Subiects.  
The third sort are practising Recusants: These force all their seruants to bee Recusants with them; they will suffer none of their tenants, but they must be Recusants; and their neighbours if they live by them in peace, must be Recusants also.  
These you may find out as a fox by the foul smell, a great way round about his hole; This is a high pride and presumption, that they for whose souls I must answer to GOD, and who enjoy their lives and liberties under me, will not onely bee Recusants themselves, but infect and draw others after them.  
As I haue said in Parliament house, I can love the person of a Papist, being otherwise a good man and honestly bread, never having known any other Religion: but the person of an Apostate Papist, I hate. And surely for those Polypragmaticke Papists, I would you would study out some severe punishment for them: for they keep not infection in their own hearts onely, but also infect others our good Subiects. And that which I say for Recusants, the same I say for Priests: I confess I am loathe to hang a Priest onely for Religion sake, and saying mass; but if he refuse the Oath of allegiance( which, let the Pope and all the devils in Hell say what they will) yet( as you find by my book and by diuers others, is merely civil) those that so refuse the Oath, and are Polypragmaticke Recusants; I leave them to the Law; it is no persecution, but good Iustice.  
And those Priests also, that out of my Grace and Mercy haue been let go out of prisons, and banished, vpon condition not to return; ask me no questions touching these, quit me of them, and let me not hear of them. And to them I join those that break prison; for such Priests as the prison will not hold, it is a plain sign nothing will hold them but a halter: Such are no Martyrs that refuse to suffer for their conscience. Paul, notwithstanding the doors were open, would not come forth. And Peter came not out of the prison till lead by the angel of God: But these will go forth though with the angel of the divell.  
I haue given order to my Lord of Canterbury, and my Lord of London for the distinction, &c. of the degrees of Priestes; and when I haue an account from them, then will I give you another charge concerning them.  
Another thing that offendeth the realm, is abundance of Ale-houses; and therefore to avoid the giuing occasion of evil, and to take away the roote, and punish the example of 'vice, I would haue the infamous Alehouses pulled down, and a command to all Iustices of Peace that this be done.  
I may complain of Ale-houses, for receipt of Stealers of my Deere; but the country may complain for stealing their horses, oxen, and sheep; for murder, cutting of purses, and such like offences; for these are their haunts. devouring beasts, as lions, and bears, will not be where they haue no dens nor covert, So there would be no theeues, if they had not their receipts, and these Alehouses as their dens.  
Another sort, are a kind of Ale-houses, which are houses of haunt and receipt for debaushed rogues and vagabonds, and idle sturdy fellowes; and these are not properly Ale houses, but base victuallers, such as haue nothing else to live by, but keeping houses of receipt for such kind of customers. I haue discovered a strange pack of late, That within ten or twelve miles of London, there are ten or twelve persons that live in spite of me; going with Pistols, and walking up and down from harbour to harbour killing my Deere, and so shift from hold to hold, that they cannot be apprehended.  
For Rogues, you haue many good Acts of Parliament: Edward the sixth, though he were a child, yet for this, he in his time gave better order then many Kings did in their age: You must take order for these Beggars and Rogues; for they so swarm in every place, that a man cannot go in the streets, nor in the high ways, nor any where for them.  
look to your houses of Correction, and remember that in the chief Iustice Pophams time, there was not a wandering beggar to be found in all Somersetshire, being his native country.  
Haue a care also to suppress the building of Cottages vpon Commons, which are as bad as Alehouses, and the dwellers in them do commonly steal dear, connies, sheep, oxen, horses, break houses, and do all maner of villainies. It is true, some ill Iustices make gain of these base things take an account of the Iustices of Peace, that they may know they do these things against the will of the King.  
I am likewise to commend unto you a thing very necessary, highways and Bridges; because no commonweal can bee without passage: I protest, that as my heart doth ioy in the erection of schools and Hospitals, which haue been more in my time, then in many aages of my predecessors; so it grieves me, and it is wonderful to see the decay of charity in this; how scant men are in contributing towards the amendment of highways and Bridges: Therefore take a care of this, for that is done to day with a penny, that will not bee done hereafter with an hundred pounds, and that will bee mended now in a day, which hereafter will not bee mended in a year; and that in a year, which will not be done in our time, as wee may see by Paules Steeple.  
Another thing to be cared for, is, the new Buildings here about the city of London; concerning which my Proclamations haue gone forth, and by the chief Iustice here, and his Predecessor Popham, it hath been resolved to bee a general nusans to the whole kingdom: And this is that, which is like the spleen in the body, which in measure as it ouergrowes, the body wastes. For is it possible but the country must diminish, if London do so increase, and all sorts of people do come to London? and where doth this increase appear? not in the heart of the City, but in the suburbs; not giuing wealth or profit to the City, but bringing misery and surcharge both to City and Court; causing dearth and scarcity through the great provision of victuals and fuel, that must be for such a multitude of people And these buildings serve likewise to harbour the worst sort of people, as Alehouses and cottages do. I remember, that before Christmas was twelue-moneth I made a Proclamation for this cause, That all Gentlemen of quatie should depart to their own countreys and houses, to maintain hospitality amongst their neighbours; which was equivocally taken by some, as that it was meant onely for that Christmas: But my will and meaning was, and here I declare that my meaning was, that it should always continue.  
One of the great causes of all Gentlemens desire, that haue no calling or errand, to dwell in London, is apparently the pride of the women: For if they be wives, then their husbands; and if they be maids, then their fathers must bring them up to London, because the new fashion is to be had no where but in London: and here, if they be unmarried, they mar their marriages, and if they be married, they loose their reputations, and rob their husbands purses. It is the fashion of Italy, especially of Naples,( which is one of the richest parts of it) that all the Gentry dwell in the principal towns, and so the whole country is empty: even so now in England, all the country is gotten into London; so as with time, England will onely bee London, and the whole country be left waste: For as we now do imitate the French fashion, in fashion of Clothes, and Lackeys to follow every man; So haue wee got up the Italian fashion, in living miserable in our houses, and dwelling all in the city: but let us in Gods name leave these idle foreign toys, and keep the old fashion of England: For it was wont to bee the honour and reputation of the English nobility and Gentry, to live in the country, and keep hospitality; for which wee were famous above all the countreys in the world; which we may the better do, having a soil abundantly fertile to live in.  
And now out of my own mouth I declare unto you, which being in this place, is equal to a Proclamation, which I intend likewise shortly hereafter to haue publicly proclaimed,) that the Courtiers, Citizens, and Lawyers, and those that belong unto them, and others as haue Pleas in term time, are onely necessary persons to remain about this City; others must get them into the country, For beside the having of the country desolate, when the gentry dwell thus in LONDON, diuers other mischiefs arise vpon it: First, if insurrections should fall out( as was lately seen by the Leuellers gathering together) what order can be taken with it, when the country is unfurnished of Gentlemen to take order with it? Next, the poor want relief for fault of the Gentlemens hospitality at home: Thirdly, my service is neglected, and the good government of the country for lack of the principal Gentlemens presence, that should perform it: And lastly, the Gentlemen lose their own thrift, for lack of their own presence, in seeing to their own business at home. Therefore as every fish lives in his own place, some in the fresh, some in the salt, some in the mud: so let every one live in his own place, some at Court, some in the city, some in the country; specially at festival times, as Christmas and Easter, and the rest.  
And for the decrease of new buildings here, I would haue the builders restrained, and committed to prison; and if the builders cannot be found, then the workmen to bee imprisoned; and not this onely, but likewise the buildings to bee cast down; I mean such buildings as may bee overthrown without inconvenience, and therfore that to be done by order and direction.  
There may be many other abuses that I know not of, take you care my Lords the Iudges of these, and of all other; for it is your part to look unto them. I hear say, robbery begins to abound more then heretofore, and that some of you are too merciful; I pray you remember, that mercy is the Kings, not yours, and you are to do Iustice where true cause is: And take this for a rule of policy, That what 'vice most abounds in a Common wealth, that must bee most severely punished; for that is true government.  
And now I will conclude my speech with GOD, as I began. First, that in all your behaviours, as well in your Circuits as in your Benches, you give due reverence to God: I mean, let not the Church nor Churchmen be disgraced in your Charges, nor Papists nor puritans countenanced: Countenance and encourage the good Churchmen, and teach the people by your example to reverence them: for, if they be good, they are worthy of double honour for their Office sake; if they bee faulty, it is not your place to admonish them; they haue another Forum to answer to for their misbehaviour.  
Next, procure reverence to the King and the Law; inform my people truly of me, how zealous I am for Religion, howl desire Law may be maintained and flourish; that every Court should haue his own jurisdiction; that every subject should submit himself to Law; So may you live a happy people under a just KING, freely enjoying the fruit of PEACE and justice, as such a people should do.  
Now I confess, it is but a Tandem aliquando, as they say in the schools, that I am come hither: Yet though this be the first, it shall not, with the grace of God, be the last time of my coming, now my choice is taken away; for having once been here, a meaner occasion may bring me again: And I hope I haue ever carried myself so, and by Gods grace ever will, as none will euersuspect, that my coming here will bee to any partial end; for I will ever bee careful in point of Iustice, to keep myself unspotted all the dayes of my life. And vpon this my general protestation, I hope the world will know, that I came hither this day to maintain the Law, and do Iustice according to my Oath.