James I, The Political Works of James I
Charles Howard McIlwain, Ed.

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THE TREW LAW OF FREE MONARCHIES: OR THE RECIPROCK AND MVTVALL DVETIE BETWIXT A FREE KING AND HIS NATURALL SUBJECTS.

As there is not a thing so necessarie to be knowne by the people of any land, next the knowledge of their God, as the right knowledge of their alleageance, according to the forme of gouernement established among them, especially in a Monarchie (which forme of gouernment, as resembling the Diuinitie, approacheth nearest to perfection, as all the learned and wise men from the beginning haue agreed vpon; Vnitie being the perfection of all things,) So hath the ignorance, and (which is worse) the seduced opinion of the multitude blinded by them, who thinke them- selues able to teach and instruct the ignorants, procured the wracke and ouer- throw of sundry flourishing Common-wealths; and heaped heauy calamities, threatning vtter destruction vpon others. And the smiling successe, that vnlaw- full rebellions haue oftentimes had against Princes in aages past (such hath bene the misery, and iniquitie of the time) hath by way of practise strengthned many in their errour: albeit there cannot be a more deceiueable argument; then to iudge ay the iustnesse of the cause by the euent thereof; as hereafter shall be proued more at length. And among others, no Commonwealth, that euer hath bene since the beginning, hath had greater need of the trew knowledge of this ground, then this our so long disordered, and distracted Common-wealth hath: the misknowledge hereof being the onely spring, from whence haue flowed so many endlesse calamities, miseries, and confusions, as is better felt by many, then the cause thereof well knowne, and deepely considered. The naturall zeale therefore, that I beare to this my natiue countrie, with the great pittie I haue to see the so-long disturbance thereof for lacke of the trew knowledge of this ground (as I haue said before) hath compelled me at last to breake silence, to discharge my conscience to you my deare country men herein, that knowing the ground from whence these your many endlesse troubles haue proceeded, as well as ye haue already too-long tasted the bitter fruites thereof, ye may by knowledge, and eschewing of the cause escape, and diuert the lamentable effects that euer necessarily follow thereupon. I haue chosen then onely to set downe in this short Treatise, the trew grounds of the mutuall duetie, and alleageance betwixt a free and absolute Monarche, and his people; not to trouble your patience with answer- ing the contrary propositions, which some haue not bene ashamed to set downe in writ, to the poysoning of infinite number of simple soules, and their owne per- petuall, and well deserued infamie: For by answering them, I could not haue eschewed whiles to pick, and byte wel saltly their persons; which would rather haue bred contentiousnesse among the readers (as they had liked or misliked) then sound instruction of the trewth: Which I protest to him that is the searcher of all hearts, is the onely marke that I shoot at herein.

First then, I will set downe the trew grounds, whereupon I am to build, out of the Scriptures, since Monarchie is the trew paterne of Diuinitie, as I haue already said: next, from the fundamental Lawes of our owne Kingdome, which nearest must concerne vs: thirdly, from the law of Nature, by diuers similitudes drawne out of the same: and will conclude syne by answering the most waighty and appearing incommodities that can be obiected.

The Princes duetie to his Subiects is so clearely set downe in many places of the Scriptures, and so openly confessed by all the good Princes, according to their oath in their Coronation, as not needing to be long therein, I shall as shortly as I can runne through it.

Kings are called Gods ¹ by the propheticall King Dauid, because they sit vpon GOD his Throne in the earth, and haue the count of their administration to giue vnto him. Their office is, To minister Iustice and Iudgement to the people,² as the same Dauid saith: To aduance the good, and punish the euill,³ as he likewise saith: To establish good Lawes to his people, and procure obedience to the same,⁴ as diuers good Kings of Iudah⁵ did: To procure the peace of the people, as the same Dauid saith:⁶ To decide all controuersies that can arise among them ⁷ as Salomon did: To be the Minister of God for the weale of them that doe well, and as the minister of God, to take vengeance vpon them that doe euill,⁸ as S. Paul saith. And finally, As a good Pastour, to goe out and in before his people ⁹ as is said in the first of Samuel: That through the Princes prosperitie, the peoples peace may be procured¹⁰, as Ieremie saith.

And therefore in the Coronation of our owne Kings, as well as of euery Chris- tian Monarche they giue their Oath, first to maintaine the Religion presently professed within their countrie, according to their lawes, whereby it is established, and to punish all those that should presse to alter, or disturbe the profession thereof; And next to maintaine all the lowable and good Lawes made by their predecessours: to see them put in execution, and the breakers and violaters thereof, to be punished, according to the tenour of the same: And lastly, to main- taine the whole countrey, and euery state therein, in all their ancient Priuiledges and Liberties, as well against all forreine enemies, as among themselues: And shortly to procure the weale and flourishing of his people, not onely in maintain- ing and putting to execution the olde lowable lawes of the countrey, and by estab- lishing of new (as necessitie and euill maners will require) but by all other meanes possible to fore-see and preuent all dangers, that are likely to fall vpon them, and to maintaine concord, wealth, and ciuilitie among them, as a louing Father, and careful watchman, caring for them more then for himselfe, knowing himselfe to be ordained for them, and they not for him; and therefore countable to that great God, who placed him as his lieutenant ouer them, vpon the perill of his soule to procure the weale of both soules and bodies, as farre as in him lieth, of all them that are committed to his charge. And this oath in the Coronation is the clearest, ciuill, and fundamentall Law, whereby the Kings office is properly defined.

By the Law of Nature the King becomes a naturall Father to all his Lieges at his Coronation: And as the Father of his fatherly duty is bound to care for the nourishing, education, and vertuous gouernment of his children; euen so is the king bound to care for all his subiects. As all the toile and paine that the father can take for his children, will be thought light and well bestowed by him, so that the effect thereof redound to their profite and weale; so ought the Prince to doe towards his people. As the kindly father ought to foresee all inconuenients and dangers that may arise towards his children, and though with the hazard of his owne person presse to preuent the same; so ought the King towards his people. As the fathers wrath and correction vpon any of his children that offendeth, ought to be by a fatherly chastisement seasoned with pitie, as long as there is any hope of amendment in them; so ought the King towards any of his Lieges that offend in that measure. And shortly, as the Fathers chiefe ioy ought to be in procuring his childrens welfare, reioycing at their weale, sorrowing and pitying at their euill, to hazard for their safetie, trauell for their rest, wake for their sleepe; and in a word, to thinke that his earthly felicitie and life standeth and liueth more in them, nor in himselfe; so ought a good Prince thinke of his people.

As to the other branch of this mutuall and reciprock band, is the duety and alleageance that the Lieges owe to their King: the ground whereof, I take out of the words of Samuel, dited by Gods Spirit, when God had giuen him com- mandement to heare the peoples voice in choosing and annointing them a King. And because that place of Scripture being well understood, is so pertinent for our purpose, I haue insert herein the very words of the Text.

• 9 Now therefore hearken to their voice: howbeit yet testifie vnto them, and shew them the maner of the King, that shall raigne ouer them.
• 10 So Samuel tolde all the wordes of the Lord vnto the people that asked a King of him.
• 11 And he said, This shall be the maner of the King that shall raigne ouer you: he will take your sonnes, and appoint them to his Charets, and to be his horsemen, and some shall runne before his Charet.
• 12 Also, hee will make them his captaines ouer thousands, and captaines ouer fif- ties, and to eare his ground, and to reape his haruest, and to make instruments of warre and the things that serue for his charets:
• 13 Hee will also take your daughters, and make them Apothicaries, and Cookes, and Bakers.
• 14 And hee will take your fields, and your vineyards, and your best Oliue trees, and giue them to his seruants.
• 15 And he will take the tenth of your seed, and of your Vineyards, and giue it to his Eunuches, and to his seruants.
• 16 And he will take your men seruants, and your maid-seruants, and the chiefe of your young men, and your asses, and put them to his worke.
• 17 He will take the tenth of your sheepe: and ye shall be his seruants.
• 18 And ye shall cry out at that day, because of your King, whom ye haue chosen you: and the Lord God will not heare you at that day.
• 19 But the people would not heare the voice of Samuel, but did say: Nay, but there shalbe a King ouer vs.
• 20 And we also willbe all like other Nations, and our King shall iudge vs, and goe out before vs, and fight our battels.

That these words, and discourses of Samuel were dited by Gods Spirit, it needs no further probation, but that it is a place of Scripture; since the whole Scripture is dited by that inspiration, as Paul saith: which ground no good Christian will, or dare denie. Whereupon it must necessarily follow, that these speeches proceeded not from any ambition in Samuel, as one loath to quite the reines that he so long had ruled, and therefore desirous, by making odious the gouernment of a King, to disswade the people from their farther importunate crauing of one: For, as the text proueth it plainly, he then conueened them to giue them a resolute grant of their demand, as God by his owne mouth commanded him, saying, Hearken to the voice of the people. And to presse to disswade them from that, which he then came to grant vnto them, were a thing very impertinent in a wise man; much more in the Prophet of the most high God. And likewise, it well appeared in all the course of his life after, that so long refusing of their sute before came not of any ambition in him: which he well proued in praying, & as it were importuning God for the weale of Saul. Yea, after God had declared his reprobation vnto him, yet he desisted not, while God himselfe was wrath at his praying, and discharged his fathers suit in that errand. And that these words of Samuel were not vttered as a prophecie of Saul their first Kings defection, it well appeareth, as well because we heare no mention made in the Scripture of any his tyrannie and oppression, (which, if it had beene, would not haue been left vnpainted out therein, as well as his other faults were, as in a trew mirrour of all the Kings behauiours, whom it describeth) as likewise in respect that Saul was chosen by God for his vertue, and meet qualities to gouerne his people: whereas his defection sprung after-hand from the corruption of his owne nature, & not through any default in God, whom they that thinke so, would make as a step-father to his people, in making wilfully a choise of the vnmeetest for gouerning them, since the election of that King lay absolutely and immediatly in Gods hand. But by the contrary it is plaine, and euident, that this speech of Samuel to the people, was to prepare their hearts before the hand to the due obedience of that King, which God was to giue vnto them; and therefore opened vp vnto them, what might be the intollerable qualities that might fall in some of their kings, thereby preparing them to patience, not to resist to Gods ordinance: but as he would haue said; Since God hath granted your importunate suit in giuing you a king, as yee haue else committed an errour in shaking off Gods yoke, and ouer-hastie seeking of a King; so beware yee fall not into the next, in casting off also rashly that yoke, which God at your earnest suite hath laid vpon you, how hard that euer it seeme to be: For as ye could not haue obtained one without the permission and ordinance of God, so may yee no more, fro hee be once set ouer you, shake him off without the same warrant. And therefore in time arme your selues with patience and humilitie, since he that hath the only power to make him, hath the onely power to vnmake him; and ye onely to obey, bearing with these straits that I now foreshew you, as with the finger of God, which lieth not in you to take off.

And will ye consider the very wordes of the text in order, as they are set downe, it shall plainely declare the obedience that the people owe to their King in all respects.

First, God commandeth Samuel to doe two things: the one, to grant the people their suit in giuing them a king; the other, to forewarne them, what some kings will doe vnto them, that they may not thereafter in their grudging and murmur- ing say, when they shal feele the snares here fore-spoken; We would neuer haue had a king of God, in case when we craued him, hee had let vs know how wee would haue beene vsed by him, as now we finde but ouer-late. And this is meant by these words:

Now therefore hearken vnto their voice: howbeit yet testifie vnto them, and shew them the maner of the King that shall rule ouer them.

And next, Samuel in execution of this commandement of God, hee likewise doeth two things.

First, hee declares vnto them, what points of iustice and equitie their king will breake in his behauiour vnto them: And next he putteth them out of hope, that wearie as they will, they shall not haue leaue to shake off that yoke, which God through their importunitie hath laide vpon them. The points of equitie that the King shall breake vnto them, are expressed in these words:

• 11 He will take your sonnes, and appoint them to his Charets, and to be his horse- men, and some shall run before his Charet.
• 12 Also he will make them his captaines ouer thousands, and captaines ouerfifties, and to eare his ground, and to reape his haruest, and to make instruments of warre, and the things that serue for his charets.
• 13 He will also take your daughters, and make them Apothecaries, and Cookes, and Bakers.

The points of Iustice, that hee shall breake vnto them, are expressed in these wordes:

• 14 Hee will take your fields, and your vineyards, and your best Oliue trees, and giue them to his seruants.
• 15 And he will take the tenth of your seede, and of your vineyards, and giue it to his Eunuches and to his seruants: and also the tenth of your sheepe.

As if he would say; The best and noblest of your blood shall be compelled in slauish and seruile offices to serue him: and not content of his owne patrimonie, will make vp a rent to his owne vse out of your best lands, vineyards, orchards, and store of cattell: So as inuerting the Law of nature, and office of a King, your persons and the persons of your posteritie, together with your lands, and all that ye possesse shall serue his priuate vse, and inordinate appetite.

And as vnto the next point (which is his fore-warning them, that, weary as they will, they shall not haue leaue to shake off the yoke, which God thorow their importunity hath laid vpon them) it is expressed in these words:

• 18 And yee shall crie out at that day, because of your King whom yee haue chosen you: and the Lord will not heare you at that day.

As he would say; When ye shall finde these things in proofe that now I fore- warne you of, although you shall grudge and murmure, yet it shal not be lawful to you to cast it off, in respect it is not only the ordinance of God, but also your selues haue chosen him vnto you, thereby renouncing for euer all priuiledges, by your willing consent out of your hands, whereby in any time hereafter ye would claime, and call backe vnto your selues againe that power, which God shall not permit you to doe. And for further taking away of all excuse, and retraction of this their contract, after their consent to vnder-lie this yoke with all the burthens that hee hath declared vnto them, he craues their answere, and consent to his proposition: which appeareth by their answere, as it is expressed in these words:

• 19 Nay, but there shall be a King ouer vs. 20 And we also will be like all other nations: and our king shall iudge vs, and goe out before vs and fight our battels.

As if they would haue said; All your speeches and hard conditions shall not skarre vs, but we will take the good and euill of it vpon vs, and we will be content to beare whatsoeuer burthen it shal please our King to lay vpon vs, aswell as other nations doe. And for the good we will get of him in fighting our battels, we will more patiently beare any burden that shall please him to lay on vs.

Now then, since the erection of this Kingdome and Monarchie among the Iewes, and the law thereof may, and ought to bee a paterne to all Christian and well founded Monarchies, as beeing founded by God himselfe, who by his Oracle, and out of his owne mouth gaue the law thereof: what liberty can broiling spirits, and rebellious minds claime iustly to against any Christian Monarchie; since they can claime to no greater libertie on their part, nor the people of God might haue done, and no greater tyranny was euer executed by any Prince or tyrant, whom they can obiect, nor was here fore-warned to the people of God, (and yet all rebellion countermanded vnto them) if tyrannizing ouer mens persons, sonnes, daughters and seruants; redacting noble houses, and men, and women of noble blood, to slauish and seruile offices; and extortion, and spoile of their lands and goods to the princes owne priuate vse and commoditie, and of his courteours, and seruants, may be called a tyrannie ?

And that this proposition grounded vpon the Scripture, may the more clearly appeare to be trew by the practise oft prooued in the same booke, we neuer reade, that euer the Prophets perswaded the people to rebell against the Prince, how wicked soeuer he was.

When Samuel by Gods command pronounced to the same king Saul, that his kingdome was rent from him, and giuen to another (which in effect was a degrad- ing of him) yet his next action following that, was peaceably to turne home, and with floods of teares to pray to God to haue some compassion vpon him.¹¹

And David, notwithstanding hee was inaugurate in that same degraded Kings roome, not onely (when he was cruelly persecuted, for no offence; but good seruice done vnto him) would not presume, hauing him in his power, skantly, but with great reuerence, to touch the garment of the annoynted of the Lord, and in his words blessed him:¹² but likewise, when one came to him vanting himselfe vntrewly to haue slaine Saul, hee, without forme of proces, or triall of his guilt, caused onely for guiltinesse of his tongue, put him to sodaine death.¹³

And although there was neuer a more monstrous persecutor, and tyrant nor Achab was: yet all the rebellion, that Elias euer raised against him, was to flie to the wildernes: where for fault of sustentation, he was fed with the Corbies. And I thinke no man will doubt but Samuel, Dauid, and Elias, had as great power to perswade the people, if they had like to haue employed their credite to vproares & rebellions against these wicked kings, as any of our seditious preachers in these daies of whatsoeuer religion, either in this countrey or in France, had, that busied themselues most to stir vp rebellion vnder cloake of religion. This farre the only loue of veritie, I protest, without hatred at their persons, haue mooued me to be somewhat satyricke.

And if any will leane to the extraordinarie examples of degrading or killing of kings in the Scriptures, thereby to cloake the peoples rebellion, as by the deed of Iehu, and such like extraordinaries: I answere, besides that they want the like warrant that they had, if extraordinarie examples of the Scripture shall bee drawne in daily practise; murther vnder traist as in the persons of Ahud, and Iael; theft, as in the persons of the Israelites comming out of Egypt; lying to their parents to the hurt of their brother, as in the person of Iacob, shall all be counted as lawfull and allowable vertues, as rebellion against Princes. And to conclude, the practise through the whole Scripture prooueth the peoples obedience giuen to that sentence in the law of God: Thou shalt not rayle vpon the Iudges, neither speake euill of the ruler of thy people.

To end then the ground of my proposition taken out of the Scripture, let two speciall, and notable examples, one vnder the law, another vnder the Euangel, conclude this part of my alleageance. Vnder the lawe, Ieremie threatneth the people of God with vtter destruction for rebellion to Nabuchadnezar the king of Babel:¹⁴ who although he was an idolatrous persecuter, a forraine King, a Tyrant, and vsurper of their liberties; yet in respect they had once receiued and acknowl- edged him for their king, he not only commandeth them to obey him, but euen to pray for his prosperitie, adioyning the reason to it; because in his prosperitie stood their peace.¹⁵

And vnder the Euangel, that king, whom Paul bids the Romanes obey and serue for conscience sake, was Nero that bloody tyrant, an infamie to his aage, and a monster to the world, being also an idolatrous persecuter, as the King of Babel was. If then Idolatrie and defection from God, tyranny ouer their people, and persecution of the Saints, for their profession sake, hindred not the Spirit of God to command his people vnder all highest paine to giue them all due and heartie obedience for conscience sake, giuing to Caesar that which was Caesars, and to God that which was Gods, as Christ saith; and that this practise throughout the booke of God agreeth with this lawe, which he made in the erection of that Monarchie (as is at length before deduced) what shamelesse presumption is it to any Chris- tian people now adayes to claime to that vnlawfull libertie, which God refused to his owne peculiar and chosen people ? ¹⁶ Shortly then to take vp in two or three sentences, grounded vpon all these arguments, out of the lawe of God, the duetie, and alleageance of the people to their lawfull king, their obedience, I say, ought to be to him, as to Gods Lieutenant in earth, obeying his commands in all thing, except directly against God, as the commands of Gods Minister, acknowledging him a Iudge set by GOD ouer them, hauing power to iudge them, but to be iudged onely by GOD, whom to onely hee must giue count of his iudgement; fearing him as their Iudge, louing him as their father; praying for him as their protectour; for his continuance, if he be good; for his amendement, if he be wicked; following and obeying his lawfull commands, eschewing and flying his fury in his vnlawfull, without resistance, but by sobbes and teares to God, according to that sentence vsed in the primitiue Church in the time of the persecution. Preces, & Lachrymae sunt arma Ecclesiae.

Now, as for the describing the allegeance, that the lieges owe to their natiue King, out of the fundamentall and ciuill Lawe, especially of this contrey, as I promised, the ground must first be set downe of the first maner of establishing the Lawes and forme of gouernement among vs; that the ground being first right laide, we may thereafter build rightly thereupon. Although it be trew (according to the affirmation of those that pryde themselues to be the scourges of Tyrants) that in the first beginning of Kings rising among the Gentiles, in the time of the first aage, diuers commonwealths and societies of men choosed out one among themselues, who for his vertues and valour, being more eminent then the rest, was chosen out by them, and set vp in that roome, to maintaine the weakest in their right, to throw downe oppressours, and to foster and continue the societie among men; which could not otherwise, but by vertue of that vnitie be wel done: yet these examples are nothing pertinent to vs; because our Kingdome and diuers other Monarchies are not in that case, but had their beginning in a farre contrary fashion.

For as our Chronicles beare witnesse, this Ile, and especially our part of it, being scantly inhabited, but by very few, and they as barbarous and scant of ciuilitie, as number, there comes our first King Fergus, with a great number with him, out of Ireland, which was long inhabited before vs, and making himself master of the countrey, by his owne friendship, and force, as well of the Ireland- men that came with him, as of the countrey-men that willingly fell to him, hee made himselfe King and Lord, as well of the whole landes, as of the whole inhabi- tants within the same. Thereafter he and his successours, a long while after their being Kinges, made and established their lawes from time to time, and as the occasion required. So the trewth is directly contrarie in our state to the false affirmation of such seditious writers, as would perswade vs, that the Lawes and state of our countrey were established before the admitting of a king: where by the countrarie ye see it plainely prooued, that a wise king comming in among barbares, first established the estate and forme of gouernement, and thereafter made lawes by himselfe, and his successours according thereto.

The kings therefore in Scotland were before any estates or rankes of men within the same, before any Parliaments were holden, or lawes made: and by them was the land distributed (which at the first was whole theirs) states erected and decerned, and formes of gouernement deuised and established: And so it followes of necessitie, that the kings were the authors and makers of the Lawes, and not the Lawes of the kings. And to prooue this my assertion more clearly, it is eui- dent by the rolles of our Chancellery (which containe our eldest and fundamentall Lawes) that the King is Dominus omnium bonorum, and Dominus directus totius Dominij, the whole subiects being but his vassals, and from him holding all their lands as their ouer-lord, who according to good seruices done vnto him, chaungeth their holdings from tacke to few, from ward to blanch, erecteth new Baronies, and vniteth olde, without aduice or authoritie of either Parliament or any other subalterin iudiciall seate: So as if wrong might bee admitted in play (albeit I grant wrong should be wrong in all persons) the King might haue a better colour for his pleasure, without further reason, to take the land from his lieges, as ouer- lord of the whole, and doe with it as pleaseth him, since all that they hold is of him, then, as foolish writers say, the people might vnmake the king, and put an other in his roome: But either of them as vnlawful, and against the ordinance of God, ought to be alike odious to be thought, much lesse put in practise.

And according to these fundamentall Lawes already alledged, we daily see that in the Parliament (which is nothing else but the head Court of the king and his vassals) the lawes are but craued by his subiects, and onely made by him at their rogation, and with their aduice: For albeit the king make daily statutes and ordinances, enioyning such paines thereto as hee thinkes meet, without any aduice of Parliament or estates; yet it lies in the power of no Parliament, to make any kinde of Lawe or Statute, without his Scepter be to it, for giuing it the force of a Law: And although diuers changes haue beene in other countries of the blood Royall, and kingly house, the kingdome being reft by conquest from one to another, as in our neighbour countrey in England, (which was neuer in ours) yet the same ground of the kings right ouer all the land, and subiects thereof re- maineth alike in all other free Monarchies, as well as in this: For when the Bastard of Normandie came into England, and made himselfe king, was it not by force, and with a mighty army ? Where he gaue the Law, and tooke none, changed the Lawes, inuerted the order of gouernement, set downe the strangers his followers in many of the old possessours roomes, as at this day well appeareth a great part of the Gentlemen in England, beeing come of the Norman blood, and their old Lawes, which to this day they are ruled by, are written in his language, and not in theirs: And yet his successours haue with great happinesse enioyed the Crowne to this day; Whereof the like was also done by all them that conquested them before.

And for conclusion of this point, that the king is ouer-lord ouer the whole lands, it is likewise daily proued by the Law of our hoordes, of want of Heires, and of Bastardies: For if a hoord be found vnder the earth, because it is no more in the keeping or vse of any person, it of the law pertains to the king. If a person, inheritour of any lands or goods, dye without any sort of heires, all his landes and goods returne to the king. And if a bastard die vnrehabled without heires of his bodie (which rehabling onely lyes in the kings hands) all that hee hath likewise returnes to the king. And as ye see it manifest, that the King is ouer-Lord of the whole land: so is he Master ouer euery person that inhabiteth the same, hauing power ouer the life and death of euery one of them: For although a iust Prince will not take the life of any of his subiects without a cleare law; yet the same lawes whereby he taketh them, are made by himselfe, or his predecessours; and so the power flowes alwaies from him selfe; as by daily experience we see, good and iust Princes will from time to time make new lawes and statutes, adioyning the penalties to the breakers thereof, which before the law was made, had beene no crime to the subiect to haue committed. Not that I deny the old definition of a King, and of a law; which makes the king to bee a speaking law, and the Law a dumbe king: for certainely a king that gouernes not by his lawe, can neither be countable to God for his administration, nor haue a happy and established raigne: For albeit it be trew that I haue at length prooued, that the King is aboue the law, as both the author and giuer of strength thereto; yet a good king will not onely delight to rule his subiects by the lawe, but euen will conforme himselfe in his owne actions thereuneto, alwaies keeping that ground, that the health of the common-wealth be his chiefe lawe: And where he sees the lawe doubtsome or rigorous, hee may interpret or mitigate the same, lest otherwise Summum ius bee summa iniuria: And therefore generall lawes, made publikely in Parliament, may vpon knowen respects to the King by his authoritie bee mitigated, and suspended vpon causes onely knowen to him.

As likewise, although I haue said, a good king will frame all his actions to be according to the Law; yet is hee not bound thereto but of his good will, and for good example-giuing to his subiects: For as in the law of abstaining from eating of flesh in Lenton, the king will, for examples sake, make his owne house to obserue the Law; yet no man will thinke he needs to take a licence to eate flesh. And although by our Lawes, the bearing and wearing of hag-buts, and pistolets be forbidden, yet no man can find any fault in the King, for causing his traine vse them in any raide vpon the Borderers, or other malefactours or rebellious subiects. So as I haue alreadie said, a good King, although hee be aboue the Law, will subiect and frame his actions thereto, for examples sake to his subiects, and of his owne free-will, but not as subiect or bound thereto.

Since I haue so clearly prooued then out of the fundamentall lawes and prac- tise of this country, what right & power a king hath ouer his land and subiects, it is easie to be vnderstood, what allegeance & obedience his lieges owe vnto him; I meane alwaies of such free Monarchies as our king is, and not of electiue kings, and much lesse of such sort of gouernors, as the dukes of Venice are, whose Aristocratick and limited gouernment, is nothing like to free Monarchies; al- though the malice of some writers hath not beene ashamed to mis-know any difference to be betwixt them. And if it be not lawfull to any particular Lordes tenants or vassals, vpon whatsoeuer pretext, to controll and displace their Master, and ouer-lord (as is clearer nor the Sunne by all Lawes of the world) how much lesse may the subiects and vassals of the great ouer-lord the KING controll or displace him ? And since in all inferiour iudgements in the land, the people may not vpon any respects displace their Magistrates, although but subaltern: for the people of a borough, cannot displace their Prouost before the time of their election: nor in Ecclesiasticall policie the flocke can vpon any pretence displace the Pastor, nor iudge of him: yea euen the poore Schoolemaster cannot be displaced by his schollers: If these, I say (whereof some are but inferiour, subaltern, and tem- porall Magistrates, and none of them equall in any sort to the dignitie of a King) cannot be displaced for any occasion or pretext by them that are ruled by them: how much lesse is it lawfull vpon any pretext to controll or displace the great Prouost, and great Schoole-master of the whole land: except by inuerting the order of all Law and reason, the commanded may be made to command their commander, the iudged to iudge their Iudge, and they that are gouerned, to gouerne their time about their Lord and gouernour.

And the agreement of the Law of nature in this our ground with the Lawes and constitutions of God, and man, already alledged, will by two similitudes easily appeare. The King towards his people is rightly compared to a father of children, and to a head of a body composed of diuers members: For as fathers, the good Princes, and Magistrates of the people of God acknowledged themselues to their subiects. And for all other well ruled Common-wealths, the stile of Pater patriae was euer, and is commonly vsed to Kings. And the proper office of a King towards his Subiects, agrees very wel with the office of the head towards the body, and all members thereof: For from the head, being the seate of Iudgement, pro- ceedeth the care and foresight of guiding, and preuenting all euill that may come to the body or any part thereof. The head cares for the body, so doeth the King for his people. As the discourse and direction flowes from the head, and the execution according thereunto belongs to the rest of the members, euery one according to their office: so it is betwixt a wise Prince, and his people. As the iudgement comming from the head may not onely imploy the members, euery one in their owne office, as long as they are able for it; but likewise in case any of them be affected with any infirmitie must care and prouide for their remedy, in-case it be curable, and if otherwise, gar cut them off for feare of infecting of the rest: euen so is it betwixt the Prince, and his people. And as there is euer hope of curing any diseased member by the direction of the head, as long as it is whole; but by the contrary, if it be troubled, all the members are partakers of that paine, so is it betwixt the Prince and his people.

And now first for the fathers part (whose naturall loue to his children I described in the first part of this my discourse, speaking of the dutie that Kings owe to their Subiects) consider, I pray you what duetie his children owe to him, & whether vpon any pretext whatsoeuer, it wil not be thought monstrous and vn- naturall to his sons, to rise vp against him, to control him at their appetite, and when they thinke good to sley him, or to cut him off, and adopt to themselues any other they please in his roome: Or can any pretence of wickednes or rigor on his part be a iust excuse for his children to put hand into him ? And although wee see by the course of nature, that loue vseth to descend more then to ascend, in case it were trew, that the father hated and wronged the children neuer so much, will any man, endued with the least sponke of reason, thinke it lawfull for them to meet him with the line ? Yea, suppose the father were furiously follow- ing his sonnes with a drawen sword, is it lawfull for them to turne and strike againe, or make any resistance but by flight ? I thinke surely, if there were no more but the example of bruit beasts & vnreasonable creatures, it may serue well enough to qualifie and proue this my argument. We reade often the pietie that the Storkes haue to their olde and decayed parents: And generally wee know, that there are many sorts of beasts and fowles, that with violence and many bloody strokes will beat and banish their yong ones from them, how soone they perceiue them to be able to fend themselues; but wee neuer read or heard of any resistance on their part, except among the vipers; which prooues such persons, as ought to be reasonable creatures, and yet vnnaturally follow this example, to be endued with their viperous nature.

And for the similitude of the head and the body, it may very well fall out that the head will be forced to garre cut off some rotten members (as I haue already said) to keep the rest of the body in integritie: but what state the body can be in, if the head, for any infirmitie that can fall to it, be cut off, I leaue it to the readers iudgement.

So as (to conclude this part) if the children may vpon any pretext that can be imagined, lawfully rise vp against their Father, cut him off, & choose any other whom they please in his roome; and if the body for the weale of it, may for any infirmitie that can be in the head, strike it off, then I cannot deny that the people may rebell, controll, and displace, or cut off their king at their owne pleasure, and vpon respects moouing them. And whether these similitudes represent better the office of a King, or the offices of Masters or Deacons of crafts, or Doctors in Physicke (which iolly comparisons are vsed by such writers as maintaine the contrary proposition) I leaue it also to the readers discretion.

And in case any doubts might arise in any part of this treatise, I wil (according to my promise) with the solution of foure principall and most weightie doubts, that the aduersaries may obiect, conclude this discourse. And first it is casten vp by diuers, that employ their pennes vpon Apologies for rebellions and treasons, that euery man is borne to carry such a naturall zeale and duety to his common- wealth, as to his mother; that seeing it so rent and deadly wounded, as whiles it will be by wicked and tyrannous Kings, good Citizens will be forced, for the naturall zeale and duety they owe to their owne natiue countrey, to put their hand to worke for freeing their common-wealth from such a pest.

Whereunto I giue two answeres: First, it is a sure Axiome in Theologie, that euill should not be done, that good may come of it: The wickednesse therefore of the King can neuer make them that are ordained to be iudged by him, to become his Iudges. And if it be not lawfull to a priuate man to reuenge his priuate iniury vpon his priuate aduersary (since God hath onely giuen the sword to the Magis- trate) how much lesse is it lawfull to the people, or any part of them (who all are but priuate men, the authoritie being alwayes with the Magistrate, as I haue already proued) to take vpon them the vse of the sword, whom to it belongs not, against the publicke Magistrate, whom to onely it belongeth.

Next, in place of relieuing the common-wealth out of distresse (which is their onely excuse and colour) they shall heape double distresse and desolation vpon it; and so their rebellion shall procure the contrary effects that they pretend it for: For a king cannot be imagined to be so vnruly and tyrannous, but the common- wealth will be kept in better order, notwithstanding thereof, by him, then it can be by his way-taking. For first, all sudden mutations are perillous in common- wealths, hope being thereby giuen to all bare men to set vp themselues, and flie with other mens feathers, the reines being loosed to all the insolencies that dis- ordered people can commit by hope of impunitie, because of the loosenesse of all things.

And next, it is certaine that a king can neuer be so monstrously vicious, but hee will generally fauour iustice, and maintaine some order, except in the par- ticulars, wherein his inordinate lustes and passions cary him away; where by the contrary, no King being, nothing is vnlawfull to none: And so the olde opinion of the Philosophers prooues trew, That better it is to liue in a Common-wealth, where nothing is lawfull, then where all things are lawfull to all men; the Com- mon-wealth at that time resembling an vndanted young horse that hath casten his rider: For as the diuine Poet Dv Bartas sayth, Better it were to suffer some disorder in the estate, and some spots in the Common-wealth, then in pretending to reforme, vtterly to ouerthrow the Republicke.

The second obiection they ground vpon the curse that hangs ouer the common- wealth, where a wicked king reigneth: and, say they, there cannot be a more acceptable deed in the sight of God, nor more dutiful to their common-weale, then to free the countrey of such a curse, and vindicate to them their libertie, which is naturall to all creatures to craue.

Whereunto for answere, I grant indeed, that a wicked king is sent by God for a curse to his people, and a plague for their sinnes: but that it is lawfull to them to shake off that curse at their owne hand, which God hath laid on them, that I deny, and may so do iustly. Will any deny that the king of Babel was a curse to the people of God, as was plainly fore-spoken and threatned vnto them in the prophecie of their captiutie ? And what was Nero to the Christian Church in his time ? And yet Ieremy and Paul (as yee haue else heard) commanded them not onely to obey them, but heartily to pray for their welfare.

It is certaine then (as I haue already by the Law of God sufficiently proued) that patience, earnest prayers to God, and amendment of their liues, are the onely lawful means to moue God to relieue them of that heauie curse. As for vindicating to themselues their owne libertie, what lawfull power haue they to reuoke to themselues againe those priuiledges, which by their owne consent before were so fully put out of their hands ? for if a Prince cannot iustly bring backe againe to himself the priuiledges once bestowed by him or his predecessors vpon any state or ranke of his subiects; how much lesse may the subiects reaue out of the princes hand that superioritie, which he and his Predecessors haue so long brooked ouer them ?

But the vnhappy iniquitie of the time, which hath oft times giuen ouer good successe to their treasonable attempts, furnisheth them the ground of their third obiection: For, say they, the fortunate successe that God hath so oft giuen to such enterprises, prooueth plainely by the practise, that God fauoured the iustnesse of their quarrell.

To the which I answere, that it is trew indeed, that all the successe of battels, as well as other wordly things, lyeth onely in Gods hand: And therefore it is that in the Scripture he takes to himselfe the style of God of Hosts. But vpon that generall to conclude, that hee euer giues victory to the iust quarrell, would prooue the Philistims, and diuers other neighbour enemies of the people of God to haue oft times had the iust quarrel against the people of God, in respect of the many victories they obtained against them. And by that same argument they had also iust quarrell against the Arke of God: For they wan it in the field, and kept it long prisoner in their countrey. As likewise by all good Writers, as well Theo- logues, as other, the Duels and singular combats are disallowed; which are onely made vpon pretence, that GOD will kith thereby the iustice of the quarrell: For wee must consider that the innocent partie is not innocent before God: And therefore God will make oft times them that haue the wrong side reuenge iustly his quarrell; and when he hath done, cast his scourge in the fire; as he oft times did to his owne people, stirring vp and strengthening their enemies, while they were humbled in his sight, and then deliuered them in their hands. So God, as the great Iudge may iustly punish his Deputie, and for his rebellion against him stir vp his rebels to meet him with the like: And when it is done, the part of the instrument is no better then the diuels part is in tempting and torturing such as God committeth to him as his hangman to doe: Therefore, as I said in the begin- ning, it is oft times a very deceiueable argument, to iudge of the cause by the euent.

And the last obiection is grounded vpon the mutuall paction and adstipulation (as they call it) betwixt the King and his people, at the time of his coronation: For there, say they, there is a mutuall paction, and contract bound vp, and sworne betwixt the king, and the people: Whereupon it followeth, that if the one part of the contract or the Indent bee broken vpon the Kings side, the people are no longer bound to keep their part of it, but are thereby freed of their oath: For (say they) a contract betwixt two parties, of all Law frees the one partie, if the other breake vnto him.

As to this contract alledged made at the coronation of a King, although I deny any such contract to bee made then, especially containing such a clause irritant as they alledge; yet I confesse, that a king at his coronation, or at the entry to his kingdome, willingly promiseth to his people, to discharge honorably and trewly the office giuen him by God ouer them: But presuming that thereafter he breaks his promise vnto them neuer so inexcusable; the question is, who should bee iudge of the breake, giuing vnto them, this contract were made vnto them neuer so sicker, according to their alleageance. I thinke no man that hath but the smallest entrance into the ciuill Law, will doubt that of all Law, either ciuil or municipal of any nation, a contract cannot be thought broken by the one partie, and so the other likewise to be freed therefro, except that first a lawfull triall and cognition be had by the ordinary Iudge of the breakers thereof: Or else euery man may be both party and Iudge in his owne cause; which is absurd once to be thought. Now in this contract (I say) betwixt the king and his people, God is doubtles the only Iudge, both because to him onely the king must make count of his administration (as is oft said before) as likewise by the oath in the coronation, God is made iudge and reuenger of the breakers: For in his presence, as only iudge of oaths, all oaths ought to be made. Then since God is the onely Iudge betwixt the two parties contractors, the cognition and reuenge must onely apper- taine to him: It followes therefore of necessitie, that God must first giue sentence vpon the King that breaketh, before the people can thinke themselues freed of their oath. What iustice then is it, that the partie shall be both iudge and partie, vsurping vpon himselfe the office of God, may by this argument easily appeare: And shall it lie in the hands of headlesse multitude, when they please to weary off subiection, to cast off the yoake of gouernement that God hath laid vpon them, to iudge and punish him, whom-by they should be iudged and punished, and in that case, wherein by their violence they kythe themselues to be most passionate parties, to vse the office of an vngracious Iudge or Arbiter ? Nay, to speak trewly of that case, as it stands betwixt the king and his people, none of them ought to iudge of the others break: For considering rightly the two parties at the time of their mutuall promise, the king is the one party, and the whole people in one body are the other party. And therfore since it is certaine, that a king, in case so it should fal out, that his people in one body had rebelled against him, hee should not in that case, as thinking himselfe free of his promise and oath, become an vtter enemy, and practise the wreake of his whole people and natiue country: although he ought iustly to punish the principall authours and bellowes of that vniuersall rebellion: how much lesse then ought the people (that are alwaies subiect vnto him, and naked of all authoritie on their part) presse to iudge and ouer-throw him ? otherwise the people, as the one partie contracters, shall no sooner challenge the king as breaker, but hee assoone shall iudge them as breakers: so as the victors making the tyners the traitors (as our prouerbe is) the partie shall aye become both iudge and partie in his owne particular, as I haue alreadie said.

And it is here likewise to be noted, that the duty and alleageance, which the people sweareth to their prince, is not only bound to themselues, but likewise to their lawfull heires and posterity, the lineall succession of crowns being begun among the people of God, and happily continued in diuers christian common- wealths: So as no obiection either of heresie, or whatsoeuer priuate statute or law may free the people from their oath-giuing to their king, and his succession, established by the old fundamentall lawes of the kingdome: For, as hee is their heritable ouer-lord, and so by birth, not by any right in the coronation, commeth to his crowne; it is a like vnlawful (the crowne euer standing full) to displace him that succeedeth thereto, as to eiect the former: For at the very moment of the expiring of the king reigning, the nearest and lawful heire entreth in his place: And so to refuse him, or intrude another, is not to holde out vncomming in, but to expell and put out their righteous King. And I trust at this time whole France acknowledgeth the superstitious rebellion of the liguers, who vpon pretence of heresie, by force of armes held so long out, to the great desolation of their whole countrey, their natiue and righteous king from possessing of his owne crowne and naturall kingdome.

Not that by all this former discourse of mine, and Apologie for kings, I meane that whatsoeuer errors and intollerable abominations a souereigne prince commit, hee ought to escape all punishment, as if thereby the world were only ordained for kings, & they without controlment to turne it vpside down at their pleasure: but by the contrary, by remitting them to God (who is their onely ordinary Iudge) I remit them to the sorest and sharpest schoolemaster that can be deuised for them: for the further a king is preferred by God aboue all other ranks & degrees of men, and the higher that his seat is aboue theirs, the greater is his obligation to his maker. And therfore in case he forget himselfe (his vnthankfulnes being in the same measure of height) the sadder and sharper will his correction be; and according to the greatnes of the height he is in, the weight of his fall wil recompense the same: for the further that any person is obliged to God, his offence becomes and growes so much the greater, then it would be in any other. Ioues thunder- claps light oftner and sorer vpon the high & stately oakes, then on the low and supple willow trees: and the highest bench is sliddriest to sit vpon. Neither is it euer heard that any king forgets himselfe towards God, or in his vocation; but God with the greatnesse of the plague reuengeth the greatnes of his ingratitude: Neither thinke I by the force and argument of this my discourse so to perswade the people, that none will hereafter be raised vp, and rebell against wicked Princes. But remitting to the iustice and prouidence of God to stirre vp such scourges as pleaseth him, for punishment of wicked kings (who made the very vermine and filthy dust of the earth to bridle the insolencie of proud Pharaoh) my onely pur- pose and intention in this treatise is to perswade, as farre as lieth in me, by these sure and infallible grounds, all such good Christian readers, as beare not onely the naked name of a Christian, but kith the fruites thereof in their daily forme of life, to keep their hearts and hands free from such monstrous and vnnaturall rebellions, whensoeuer the wickednesse of a Prince shall procure the same at Gods hands: that, when it shall please God to cast such scourges of princes, and in- struments of his fury in the fire, ye may stand vp with cleane handes, and vn- spotted consciences, hauing prooued your selues in all your actions trew Chris- tians toward God, and dutifull subiects towards your King, hauing remitted the judgement and punishment of all his wrongs to him, whom to onely of right it appertaineth.

But crauing at God, and hoping that God shall continue his blessing with vs, in not sending such fearefull desolation, I heartily wish our kings behauiour so to be, and continue among vs, as our God in earth, and louing Father, endued with such properties as I described a King in the first part of this Treatise. And that ye (my deare countreymen, and charitable readers) may presse by all means to procure the prosperitie and welfare of your King; that as hee must on the one part thinke all his earthly felicitie and happinesse grounded vpon your weale, caring more for himselfe for your sake then for his owne, thinking himselfe onely ordained for your weale; such holy and happy emulation may arise betwixt him and you, as his care for your quietnes, and your care for his honour and preserua- tion, may in all your actions daily striue together, that the Land may thinke themselues blessed with such a King, and the king may thinke himselfe most happy in ruling ouer so louing and obedient subiects. FINIS.