IF euer Kingdome were blessed, if euer Nation enioyed happy dayes, if euer people liued in a golden age, The hap­pines of this state. surelie this is that Kingdome, we are that Nation, and we are that people. First, in that it hath pleased God to First for the light of the gospell. gyue vs the light of his Gospel, wher­by manie errors, and much superstition (which hath crept into the Church of God) are reformed. Then in that it hath pleased him, to giue vs so gracious a Soue­raigne For so gracious a Queene. Ladie and Quéene, not a forreyner, not a stran­ger borne, but one of our owne Nation (which is ob­serued as a great blessing of God in the sacred Scrip­tures,) Deut. 15. 17 and of the right lyne and dyssent of the Noble Kinges, and Princes of this Realme. One by, and vn­der For this cōmō peace so long continued. whom, we haue enioyed such common peace & qui­etnes within this lande these xxviij. yeres and more, as the like hath not béene hearde of, neyther is to be found in Recorde or Chronicle since the Conquest of England For thys her Maie­sties merci­full and gracious gouernmēt to this day, for the like time of gouernment. One desi­rous [Page] to raigne with mercy, with loue, with pittie, with clemencie and fender compassion, and not by effuston of bloode, not by tyrannie, not by oppression of her Sub­iects, neither alwayes by inflicting the extremitie of her Lawes, vpon such as iustly haue deserued the exe­cution For that her maiesty is assisted with graue sage, most wyse, and honourable Coūsellers of the same. In that also it hath pleased him to assist her, with such graue, sage, and honourable Coun­sellers, men of such great wisedome, of such déepe consi­deration, of such pollicie, forecast, and experience, as to speake it plainely and simply, no Prince vnder y ^esunne is furnished with the like, or at the least with a better. By whose great wisedomes, trauelles, and indeuoures, Fruites of their trauel to the com­mō wealth this common peace and quietnes, hath béene the rather preserued and maintained. If any thing hath béene purposed or meant, which might any way tende to the daunger of her Maiesties person, or to the trouble or perill of this state, that hath béene by them quickly es­pied, déepelie looked into, and with great wisedome and pollicie in time preuented and auoyded, to their immor­tall fames, glories, and renownes for euer. Whereby There is a most hap­py state wher wysemen rule. Eccle. 10. the saying of the wise Salomon is founde to bee true. Happy is that kingdome, where there are many that can giue good counsell. And Iesus the sonne of Syrack saith: Where they that are in authoritie are men of vnderstanding, there the citty doth prosper. And again Salomon sayth: Where no counsell is, there the people de­cay. Prouer. 11. But where many are that giue good counsel, there is wealth. If you well consider, and looke into the ciuill warres and discention, into the horrible murders of Myserable state of o­ther Coū ­tries. great personages, into the pittifull slaughter of menne, women, and children, by fire and sword, into the lamen­table rauishments, & deflowringes of Maydes, Wiues, and Widdowes, into the ransacking and spoyling of Citties and Townes, with a number of other miseries [Page] and calamities, which haue happened of late yéeres in other Countries, not farre hence, you shall finde that this Realme of England aboue all Nations vnder the Sunne at this day, hath moste cause to thinke it selfe bounde to the goodnes of almighty God. In that hee hath not suffered vs to be afflicted or visited with the like. And now, what shall I say of them to whom this her Maiesties most gracious gouernment, these Enemies to this go­uernment. happy daies, these blessed yéeres, haue béene thought te­dious, and too long to haue continued, and therefore haue most vnnaturally, most wickedly, yea, and moste trayterouslie sought the vntimely death and destruction of her, vnder whom (by Gods great mercy and fauour towardes vs) we haue enioyed all these good thinges. Shall I say they were vnkinde people? Shall I say they were vnnaturall Subiects? Nay I will rather say that they were, and such as they, are more méete to They are not worthy to liue vn­der so gra­cious a Prince. liue vnder an Infidell, vnder a Turke, vnder a Iewe, vnder a blooddy Prince, or Tyrant, rather then vnder so gracious and so mercifull a soueraigne Ladye and Quéene, as she hath shewed herselfe to be to all sortes of her Subiects, euen from the beginning of her blessed raigne to this day, whereof we are all witnesses.

What good Subiect will not hartilie lament to thinke what sorrow her Maiestie dooth make, what in­warde gréefe shée hath conceiued, what déepe sighes pro­céede Her Maiesties greefe for her kinde­nes to be so vnkindly recompen­ced by false traytors & conspira­tors. from her noble hart, what teares distill from her tender eyes (as we may imagine and suppose) when she calleth vnto her gracious remembraunce, the greate loue which she doth, and alwayes hath born to her good Subiects, the dailie care she hath of their prosperitie and well dooing, her continuall desire, that they may liue in peace and rest vnder her. To haue this her loue so vnkindlie requited, her care so vngentlie recompen­ced, [Page] her desire so vngratefullie rewarded, as to haue her death so often conspyred, her destruction so many waies intended, and this her most happie gouernment, ma­ny times trayteroustie deuised to bee suppressed, where it is the part and duetie of euerie good Subiect, to be true, faithfull obedient, and loyall to his Prince and soueraigne Gouernour, whom God hath appointed to raigne ouer him, though her Maiestie by these her manifold kindnesses had not (as she hath) merited and deserued the same.

But most gracious soueraigne Lady, let not these theyr wicked and trayterous conspiracies dismay you, let them not discourage you, but be of good comfort, and doubt not, but as almighty GOD hath hetherto most Causes of comfort to her Ma­iesty not withstan­ding these often con­spiracies. graciouslie saued and defended you, from the most wic­ked purposes of such, as haue so often most trayterously practised, and pretended your vntimelie death and de­struction: so he will protect you from the like her eafter, doubt not but he will sende his holie Angell, who shall pitch his Tentes rounde about you, that theyr damna­ble deuises and determinations, shall neuer take effect. Doubt not but that he will be your strength & Buckler, for he is, and euer will be the sure defence of his annointed, as the Prophet Dauid witnesseth. Comfort your selfe also in this, that there are within your Realme of England, euen thousand of thousands, which according to their bounden dueties, doo dayly most hartilie pray to God for the preseruation of your sacred personne, that will shedde their bloodes, spend their lands and goods in your defence, before such wicked Traytors or their ad­herents shall euer haue their purposes. Comfort your selfe also in this, that you haue so graue and faythfull a Counsell, that is most studious and carefull of the sa­fetie of your noble person and this state, that can so po­litiquelie spie out these wicked Conspirators, and trys [Page] out their most deuillish deuises, tending to your Maie­sties vntimelie death, and to the vtter subuersion and ruine of this your most happie gouernment, that can so in time preuent the manifolde perilles and daungers, which otherwise might by such treasons haue ensued vnto the same.

Comfort your selfe also in this, that they (euen they I say) which haue thus conspired to take your Maiesty from vs, when they haue come into your presence, meaning then to haue accomplished theyr most trayte­rous purpose, haue béene so diswayed vpon the sight of your princely person, and in beholding your most gra­cious countenaunce, that they hadde no power to per­forme the thing, which they had before determined vp­pon. A most certaine token of the great mercie and fa­uour of God towardes your Maiestie, and to vs all. If Not law­full for the subiect to enter into the exami­nacien of matters appertaining to the Prince. it were lawfull for the Subiect, to enter into the exami­nations of causes or matters appertayning to y ^e Prince and soueraigne Gouernour, as it is not, what coulde these sortes of men (I pray you) obiect, or what coulde they say, why they thus most wickedly, thus most vn­naturallie, and thus most trayterously, shoulde séeke the death and destruction, of so gracious a Soueraigne La­die and Quéene.

It is trowe you, because they thought that her Maie­stie What good things doo proceed frō her Ma­iestie. is not studious, to sette forth the honour and glorie of God? Compare the time present, with the great abuses, which haue entred into the Church of olde time, and thereby you shall plainely perceiue, howe Her high­nes is most studious to set forth the honor of God. She dooth ordaine good lawes carefull shée is, and from time to time hath béene: to aduaunce the true worshipping of God, to the vttermost of her power. Is it trowe you, because they thought that she hath not made and published wholsome and necessary Lawes, for the preseruation and maynte­naunce [Page] of the state of thys Common wealth? Looke into the most gracious Acts of Parliament made in her time, and you shall finde as good, as necessary, and beneficiall Lawes published by her most high Courtes of Parliament, as better or more necessarye haue not béene giuen by the like authoritie, in any Princes time héeretofore. Is it because they thought that her Maie­stie is not desirous, that right and iustice shoulde bee ministred vnto all sortes of her Subiects without re­spect She is de­sirous that Iustice shoulde bee equally mi­nistred. of personne? Looke into the procéedinges of her most honourable Counsell in her high Court of Starre Chamber, and there you shall sée the causes of her peo­ple (iudiciallie brought before them) so indifferentlie examined, so déepely looked into, and with such greate wysedome and equitie, ordered and decreed, that euerye man hath iust cause therewith to content himselfe. A­gaine, looke into the procéedings of her graue and sage Iustices of her Lawes? And you shall finde the causes of her Subiects brought before them, so learnedly deba­ted, so vprightly handled, and with such equitie adiudg­ed, and determined according to the Lawe, that no man can therewith iustlie finde fault.

Is it trowe you, because they thought that her Ma­iestie is not mercifull to such as are transgressors and Shee is merciful to offenders. offenders of her Lawes? Looke into the Recordes of her high Court of Chauncery, and there you shall finde a great number of her most gracious and mercifull par­dons, as well touching lyfe and member, as other great and déepe offences, that for greater things, none hath béene graunted by any Prince of thys Realme, sithence the Conquest of England to this day, for the like time of gouernment. Is it because they thought that shee Shee is li­berall to wel deser­uers. is not bountifull, and liberall to such as deserue well of her Maiestie and theyr Country, looke into her Maie­sties [Page] most gracious Letters Pattents, remayning also of Record in her said Courte of Chauncerie, and there you shall find such a number of graunts of Castles, ma­nours, landes, tenements, rents, annuities, pentions, portions, fées, offices, and whatsoeuer other thing a Prince may conuenientlie graunt, so bountifull, so li­berall, so honourable, and so princelie, as of greater thinges, none hath béene graunted by any Prince of this Realme, sithence the Conquest therof vnto thys day, for the like time of gouernment.

Is it trowe you, because they thought that her Careful to defend her Countries from for­raign inua­sions. Maiestie is not carefull to defend the borders and fron­tures of her Realmes and Countries against forraine inuasions. Looke into the common peace and quietnes before remembred, and thereby you shall sée that her Maiestie hath alwayes béene most studious and carefull to defende the same, and to that ende and purpose hath expended her princelie treasure. Is it trow you because they thought that her Maiestie hath laide vppon her No newe imposi­tions layde on her sub­iects. Subiects, anie taxe, tallages, or impositions, the like whereof hath not béene heard of afore her raigne. Looke into the raignes of her most noble Father, Henry the eight, her most déere Brother, Edward the sixt, and her Sister Quéene Marie touching such matters, and you shall finde that she hath not required of her people anie other then such, as haue sundrie times béene willinglie yéelded and payd afore her dayes, yea, and greater also. These are the good thinges which procéede from a graci­ous Prince, and which her highnes from time to tyme hath most honourablie performed and accomplished in eche respect, to her great and immortall same and re­nowne.

What is there then that shoulde mooue these sortes of men, thus most wickedlie, and thus most trayterous­lie [Page] to conspire the death and destruction of so gracious a soueraigne Ladie and Queene. Is it trow you, because they would haue alteration of this most godly Religi­on Desire of alteration of religion is cause of these con­spiracies. established amongst vs, and of this peaceable and gracious gouernment: surely that shoulde séeme to bee the onelie cause of these conspiracies, and treasons, and it doth the rather appeare to be so, for that they who haue alwaies beene parties to the same, haue béene such as from time to time, haue misliked of her Maie­sties proceedinges therein. Certaine it is, that no man can please God without faith, as the Scripture sayth.

But what then, is it therefore lawfull for the Sub­iect Not law­full to rebel for religion whatsoe­uer it be. in defence of his faith or Religion, whatsoeuer it be or to aduaunce the same, to conspire the destruction of his soueraigne, or to rebell and take armes against her, (wherein alwayes the perill of the Princes personne is imployed) God forbid. We reade in the 18. Chapter of S. Iohns Gospell, that when Malchus, with other of Iohn. 18. the high Priestes seruaunts came to take Christ. Peter the Apostle cut of Malcus eare with his sword: when Christ did sée it, he sayd to Peter, put vp thy sworde into Math. 26. 52 thy sheath, for all that take the sword, shall perrish with the sword, thinkest thou that I cannot pray to my Fa­ther, and he shall giue me more then twelue legions of Angels, but how should then the Scriptures be performed.

The famous Clerke Erasmus, in his Paraphrase vp­pon Frasmus. this place of Scripture, speaketh these wordes to Peter, as it were in the personne of Christ, saying. Put thy sword into thy sheath, matters of the Gospell, are Nota. not in such manner to be defended, if thou wilt succéede me as my Uicar, thou must fight with no other sworde then of Gods worde, which cutteth away sinne and sa­ueth men. When Christ was brought before the high [Page] Priest, for that he was accused to them for teaching of newe learning, (as they termed it) he did not resist, but did acknowledge that they had their authority from a­boue, although in respect of his diuine power, he was a­ble to haue withstoode them all, and deliuered himselfe, and could haue sette foorth his doctrine mawger theyr heades, but he would not so doo, but rather submitted himselfe to the sentence of death, which they most vn­iustlie pronounced against him, heereby giuing to vs an example of obedience to authoritie, though the cause bée neuer so iust.

If a Prince should sette forth a Lawe, touching the worshipping of God, or matter of conscience against the word of God, and limit a paine to the infringers therof, though the Subiect be not indéede bounde in conscience to obserue the same law, yet he may not resist or oppose himselfe against his Soueraigne, but must rather sub­mitte himselfe to the punishment of Lawe, as S. Peter sayth: Submitt your selfe vnto euery ordenaunce of 1. Peter. 2. man for the Lordes sake, whether it be vnto the king Subiects must sub­mit them­selues to euery ordi­naunce of the prince, yea though against the word of God they be made. as to the cheefe, or to them that are in authority vnder him. Then if he must submitte himselfe vnto euerye ordenaunce of man, it followeth that hee may not with­stand the same in any case. Nowe let vs sée by some examples, what hath happened within our memory a­mongst vs, to such as haue conspired the death of theyr soueraigne Gouernour, or forciblie opposed themselues against her: whether it hath béene for Religion or any other cause whatsoeuer, & what successe they haue had, Examples of such as haue suffe­red for con­spiring a­gainst the state vnder collour of Religion. and thereby shall you sée whether theyr inuentions and purposes, haue béene pleasing or acceptable to almightie God or not?

I find in the twentie eyght yéere of King Henry the eyght, when he went about to suppresse certaine hou­ses [Page] of Religion, that there assembled in Lincolneshyre, Rebellion in Lincolneshyre. 28, [...]. 8. about twenty thousand men, whose pretence was to to haue withstoode him in that action, because they thought that therby the Religion then professed, should haue béene subuerted. But what happened to Doctor Makerell and others, of the chiefe of that rebellicus companie, Doctor Makerell were not they iustly hanged, drawne and quar­tered as Traytors to their Countrie. Looke into Graf­tons abridgment of Chronicles, and there you shall sée it. Then come to the third yéere of the raigne of King Folio. 140. Edward the sixt, when a great number rebelled in the west partes of this Realme, whose pretence in parte, was to haue had the Religion then (which is also nowe Rebellion in the West parts. professed) to haue béene suppressed. But what chaunced to Sir Humfrey Arundell knight, and others of the Syr H. Arundell. principalest of that faction, were not they rewarded by Iustice in like sort. Looke into the saide abridgment, and there it appeareth. Let me tell you of the rebellion Ibidē. 155. of Wiat and others, in the first yéere of the raigne of Wyatt. Quéene Mary, which was to the ende to haue with­stoode her marriage with the Spanish King, and that the Religion nowe professed (which was also professed, when she came to her Crowne) shoulde haue béene con­tinued, which notwithstanding was suppressed by her. Was not the saide VViat and dyuers other executed for the same Rebellion. Looke into the same Booke, and there it is plainely sette downe. Did not y ^e Earles Ibidē. 165. of Norththumberland and Westmerlande, with fiftie Knights, Esquires and Gentlemen, besides a great Northern rebellion. number of the common sorte, rebell in the North parts of this Realme, in the xi. yéere of her Maiesties ratgne, to the ende to haue had alteration of this Religion and most happy state. But what was the ende of these [...]. dē. 192. Earles, were not they both attainted of treason, was [Page] not the Earle of Northumberlande beheaded at Yorke, and did not the other flie the Realme, and were not the said fiftie persons attainted also of high treason. Looke into the confirmation of their attainder, by parliament Decimo tercio Elizabeth. in the xiii. yéere of her Maiesties raigne, and you shall finde it there apparant. Diuers of which sayde fiftie, personnes, besides many other of the common sort, were executed for that rebellion.

Consider of Arden, which about the 25. yéere of her Arden. Maiesties raigne, conspired her Maiesties with others death, to the ende to haue had alteration of this Religion and estate, were not they also then attainted of high treason, was not Arden executed like a Traitor, and did not Ientleman an other of them after his condemnation sor that offence, hang himselfe in Newgate, y ^e day before he that shold haue beene executed. Then remember y ^t most rankest Traytor y ^t hath been heard of in our time, Parry Parry. by name, who notwithstanding hee had béene attainted for Burglarie, and for the same attained her Maiesties pardon, went afterwardes beyond the Scas, and there carrying an offensiue mind against this state and Reli­gion, most wickedly with other forrainers, conspired her highnes destruction, and did remaine in that damnable purpose by the space of two yéeres, & then returned into England, meaning to haue performed the same: was not he in the 26. yéere of her Maiesties raigne, hanged drawne and quartered, as a detestable traytor to hys Earle of Northum­berland. L. Pagget. Charles Pa­get Throgmorton, Shelley. Prince and Countrie. Did not the Earle of Northum­berland conspire with the Lord Paget, and Charles his Brother, with Shelley and Throgmorton, to haue suppressed this Religion, to haue aduaunced the Romish Religion, and by forraine inuasion into this Lande, to haue vtterly subuerted this noble state, and to haue ad­uaunced to the Crowne the S. Quéene. In which their [Page] treasons was also imployed, the destruction of our most gracious soueraigne Ladie. So it appeareth by a small Treatise, wherein these treasons are particularly sette forth. Was not the saide Throgmorton, about two yéeres last past executed as a Traytor for that cause. Did not the said Earle, knowing himselfe guiltye of Faile of Northum­berland. those treasous, most miserablie destroy himselfe with his owne hand in the Towre of London, the xxvii. yéere of her Maiesties raigne. Was not the sayde Shelley shortly after condemned for that conspiracie, and re­maineth at the Quéenes mercie: and are not the sayde Lord Pagett and his Brother attainted for that offence by vtlarie.

Was not Babington and thirteene other, also exe­cuted in the xxviii. yéere of her highnes raigne, as Trai­tors for the like crimes. And lastly, haue not fourtéene Babington. Iesuites. Iesuites, and Seminarie Priestes, within these fiue yéeres béene erecuted as Traytors, for practising to withdrawe her Maiesties subiects, frō there due allegy­ance to her highnes, and for that intent, from the Reli­gion now established, to the Religion of Rome, and to yeelde subiection to that Sea.

By these notable and memorable examples, you may plainelie see, the shamefull and miserable end of Tray­tors, false conspirators, and Rebelles against theyr Prince and soueraigne Gouernour, what soeuer theyr pretences of Religion hath béene. And these examples are héere sette downe for warnings to other, and happy is he that can take béede by an others danger, and mis­happe, as the wise Cato sayth, Faelix quem faciunt aliena Cato. pericula cautum. And was not the said late S. Queene, priuie to sundry of the said conspiracies, and treasons, was she not a principall, a better and comforter of the said offenders therein: It is very euident by a Trea­tise, [Page] published in print, whereby appeareth, that the Lordes and Commons of the high Court of Parliamēt, hauing of long time to their intollerable gréefe, sounde, by howe many practises the sayd Scottish Quéene, had compassed the destruction of her highnes most royall personne (in whose safety next vnder God they acknowledged their cheefe felicitie to consist) thereby not onelie to bereaue them of the sincere and true Religion in this Realme professed and established, but to bring backe a­gaine this noble Realme into the thraldome of Romish tyrannie, and to ouerthrowe the happy estate thereof: wherein, although her highnesse of her aboundant gra­tious naturall clemency, and princely magnanimitie, had eyther lightly passed them ouer, or with no small indulgence tolerated, notwithstanding, the often and earnest instances of her Nobilitie and Commons, in sundry Parliaments héeretofore: and further had pro­tected her from the violent pursuite of her own people: shée yet, as a person obdurate in malice (as it appeared) continued her former practises, as had béene lately ma­nifested by certaine wicked conspiracies, plotted by the sayd Babington, and diuers desperate persons, that had combined and confederated themselues by vowe & oath in a most horrible enterprise, by murther to take away the life of her Maiestie: where in the Scottish Quéene did not onely aduise them, but also direct, comfort, and abette them, with perswasion, counsell, promise of re­ward, and earnest obtestation. Wherevpon, her Maie­stie, at the earnest request of such as tendered y ^e safety of her royall personne, and the quiet of the Realme, did direct her Commission vnder the great seale to sundrye Lordes and others of her Maiesties priuie Counseil, and a great number of Lords of Parliament, of y ^e grea­test and most auncient degree, assisted with some of the [Page] principall Iudges of the Realme, to heare, examine and determine the same, according to a Statute in that behalfe made in the xxvii. yéere of her raigne. Who to the number of thirty sixe, hauing artended the executi­on of the said Commission, and diuers dayes and times, heard the allegations against the said Scottish Quéene in her owne presence and hearing, (she béeingpermitted to say what she woulde in her owne execuse,) dyd wyth one assent, finde her culpable both in priuitie, and con­sent to the sayd crimes obiected, and also in compassing the Quéenes Maiesties death. Which sentence, by her owne directions, vpon the hearing of the prooues and processe in Parliament, was iudged to haue béene most honourable and iust. And for asmuch as the said Quéene of Scots, was the very ground and onely subiect, wher­vpon such daungerous practises and complots, had béen founded against her Maiesties most royall person, and the estate of this Realme for these many yéenes, to the ouerthrowe of sundry of the Nobilitie of the lande; and daunger of Christian Religion, and that they could see no hope of her, desisting, and her adherents but that still her Maiesties safetie must be hazarded, and stand to the euent of the like miraculous discoueries:

Therefore, as most humble and instant suppliants, they did vpon theyr knées at her most gracious féete, be­séeche and request in most earnest manner, that aswell for the continuaunce of Gods Religion, the quiet of this Kingdome, preseruation of her person, and defence of them and theyr posterities, that it woulde please her highnes to take order, that the sayd sentence might bee published, and such further direction giuen, as was re­quisite in this so waighty a cause, according to the pur­port and intent of the sayd Statute, touching the daun­gers that her Maiesties person was in, by the practises [Page] of the Scottish Quéene, and her fauourers they appeare in that they did thinke that she had right, not to succéede her Maiestie, but to enioy her Crowne in possession, and therefore as she was a most impatient competitor thereof, so she would haue spared no meanes whatso­uer, that might haue bereft vs of her Maiestie, the one­lie impediment that shee could not enioy her desire.

Shee was obdurate in malice against her royall person, notwithstanding her Maiestie had shewed her all fauour and mercie, as well in preseruing her hing­dome, as sauing her life, and saluing her henour. And therefore there was no place for mercie, since there was no hope that shee would haue desisted from her most wicked attempts.

Shee boldly and openly professed, that it was law­full for her to mooue inuasion vppon her Maiestie, and therefore, as of inuasion victory might ensue, and of vic­torie, the death of the vanquished: so did she therby not obscurely bewraie, that she thought it lawfull, for her to destroy her Maiesties sacred personne.

She did thinke it not onely lawfull, but honorable also and meritorious to take her Maiesties life from her, as béeing all ready depriued of her Crowne, by the excom­munication of the holy Father. And therefore it was like she would (as she had doone) continually séeke it by whatsoeuer meanes.

That she was gréedie of her Maiesties death, and pre­ferred it before her owne life and safetie, appeareth, for in her direction to one of her late Complices, she ad­uised (vnder couert termes,) that whatsoeuer shoulde become of her, that tragicall execution should bee per­formed, vpon our most gracious soueraigne Lady, namely, the destruction of her royall personne.

She was the onely hope of all discontented subiects, [Page] she was the foundation, whereon all the euill disposed did builde, she was the roote from whence all rebelli­ons and trecheries did spring: And therefore, while this hope lasted, this foundation stoode, and thys roote liued, they would haue retained hart, and set on foote whatsoeuer theyr deuises against this Realme, which otherwise will fall away, die, and come to nothing.

All these matters her Maiestie did most déepelye consider of, and yet to the ende it might euidently ap­peare, howe vnwylling she was to take away y ^e Quéene of Scots life, she required to vnderstand by the consi­deration and resolution of the high Court of Parlia­ment, whether any other meanes could be thought of, or sound by anie of them, how the Scottish Queenes life might be spared, and yet her Maiesties personne saued out of perill, and the state of the Realme preser­ued in quiet: For her Maiesties further satisfaction, they enteredinto a new consultation, & for that prupose, selected a great number of the choysest persons of the higher house of Parliament, to conferre thereof, eyther prinately, or together with the lower house: and vppon sundry conferences had in that behalfe at seueral times, it was concluded by the whole assemblic of both hou­ses, that there could be no other assured meanes for the preseruation of her Maiesties life, continuance of Gods Religion, and quiet of this state, then by the full execu­tion of the sayd sentence.

That if her Maiestie should be safe without taking away the life of the Scottish Queene, the same were most likely and probably to grow by one of these means following.

First, that happilie she myght haue béene reclaimed and become & repentaunt conuert, agnising her Maie­sties [Page] great mercie and fauour, in remitting her hey­nous offence, and by her loyaltic haue performed the fruites of such conuersion.

2. Or els, by a more straight guarde might haue béen so kept as there should haue béene no feare of the like at tempts after.

3. Or, that good assuraunce might haue béene gyuen by O the, Bondes or Hostages, as cautions for her good and loyall demeanour from thenceforth.

4. Or lastlie, by Banishment, the Realme might haue béene boyded of her personne, and thereby the pe­rils further remooued, that might growe to her Maiesty by her presence.

All which matters béeing duely pondered, it did yet appeare in all theyr iudgments, that they durst not ad­uise anie securitie to rest in any, no, not in all of them.

For touching her Conuersion, it was considered, that if pietie or duety could haue restrained her from such haynous attempts, there was cause aboundantlye ministred to her on her Maiesties behalfe, when she not onelie protected her against the violence of her owne Subiectes, who pursued her to death by Iustice, but co­uered her honour, when y ^t same by publique fame was touched, and by verie heynous and capitall crimes ob­iected and prooued against her, before certaine Commis­sarie delegates assigned to examine the same, more then blemished and spared her life, when for her former con­spiracies and confederacies with y ^e Northren Rebels, her highnes was with great instance pressed by bothe the houses in the fouretéene yéere of her Maiesties raigne, to do like Iustice vpon her as now was desired, and as her treasonable practises then, hadde most iustly deserued.

And where the penaltie of thys Acte sufficientlye [Page] notified vnto her, should haue terrified her from so wic­ked attempts, she did neuerthelesse insist in her former practises, as a personne obdurate in malice against her Maiestie, and irrecouerable: so as there was no pro­bable hope of anie conuersion, but rather great doubt and feare of relaps, forasmuch as she stoode obstinatly in the deniall of matter most euivently prooued, and moste iustly sentenced against her, and was not entered into the first parte of repentaunce. The recognition of her offence, and so much the farther off from the true fruits that shoulde accompanie the same.

As for a surer guarde, and more straite imprison­ment, it was resolued, that there was no security ther­in, nor yet in the other two meanes propounded of Bondes and Hostages. forasmuch as the same meanes that should be practised to take her Maiesties life away (which God forbid) would aptly serue, bothe for the de­liuerie of her person, and release of the Bondes & Ho­stages, that should be giuen for cautions in that behalfe: which béeing vnaptlie atchiued, and to our irreparable lesse, who should sue the Bondes, or detaine y ^e Hostages? or béeing detained, what proportion was there in bonds or hostages whatsoeuer, to counteruaile the value of so precious and inestimable a Iewell, as her Maiestie is to this Realme, and to vs all?

That shée would solemnly haue vowed and taken an othe, that she would not haue attempted any thing to the hurt of her Maiesties person: Shée had already sundry time falsifyed her word, her writing & her othe, and held it for an Article of Religion. That faith was not to be holden with Heretickes, of which sorte shee accounted her Maiestie, and all the professors of y ^e Gos­pell to be: And therfore there was little reason to trust her in that, whereof she made so small a conscience.

[Page] As for banishment, that was a step de malo in pei [...]s to sette her at libertie, béeing athing so greatly desired and thirsted for by her adherents, and by some Princes her Allies, who sought her enlargement chiefly, tomake her a head to be sette vp against her Maiesty, in time of inuasion.

Upon all which reasons and matters opened, and pe­titiones made to her Maiestie as is aforesayd, she not withstanding thought good & very necessary in so great a cause to deliberate, as by her most wise and graue an­swers to the premisses, in the sayd Treatise, set downe among other things, plainely appeareth: and afterward the sayd Scottish Quéene was executed in the Castle of Fodringham in the County of North-hampton, (where she was most carefully kept, vnder the charge of that right honourable, trusty and right faythfull Counseller to her Maiesty, Sir Amyas Pawlett Knight) on Wed­nesday, the 8, of Feburary. 1586. And the next day after, there were Bonfiers, ringing of Belles, and singing of Psalmes, by children and many others at the sayd fiers, in the Cittie of London, whereby appeareth that the people were ioyfull that so daungerous an enemie to this Common wealth was taken away.

Let me Remember the most vnnaturall and horible Princes not spared which haue opposed themselues or laidhāds vppon the L. annoin­ted. murder, of the two sennes of C. 4. committed, by the cō ­maundement of K. Richard the third who thereby at­tayned the crowne, and was afterwardes slaine in the battaile of Bosworth in Leicestershyre, [...]y the Earle of Richmond, who succéeded him in the crowne by iust ti­tle, whose deade corpes was layd crosse vpon an horse, and so brought to Leycester, his legges and armes, hanging downe all naked, be sprinckled (with turt, and blody [Page] with such woundes as he receiued in the fielde) and there buryed basely without any manner of solemnity, Hall fo. a inst plague of God and a most worthy spectacle for so monsterous an acte, and likewise how H. 4. hauing ob­teyned the crowne rather by force, then lawfull succes­sion, doubting that he could not bee in saftie thereof so longe as R. 2. dyd lyue, caused the sayd R. 2. to bee des­troyed in Pomfret Castell, whereupon great troubles and sundry insurrectiones, within this Realme did happen vnto hym, and though hee dyed possessed of the Crowne, yet H 6. his sennes sonne was put from the same by E. 4. as Grafton dooth set it downe, whereby the olde saying appeareth to bee true, De rebus male partis vix gaudebit tertius haeres. By these examples you may see, how almightie God hath punished euen Prin­ces, which haue conspyred or opposed themselues, or laid violent handes vpon the Lordes annointed, and not spa­red the ofspring of the offender in that behalfe.

And because some will perhaps say, that the Quéenes Maiestie could not procéede against the sayde Scottishe Quéene, as is aboue mencioned in respect of the dignity of her person, therefore (although the sayd tryall by the sayd Commission and Estatute, and resolution of the re­uerend Confirma­tion by au­thority of Lawe in this procee­ding. Iudges of the Lawe therein, and that her Ma­iestie might haue tryed her by course of the Common Lawes, ought to satisfie euery dutifull Subiect in y ^t be­halfe) yet it shal not be in vaine beere to set downe some authority for confirmation of theyr graue and sounde iudgement in this procéeding. Wherevpon it is to bee noted, that there is no difference in our Lawe betwixt [Page] naturall Subiect of this Realme, and a méere Straun­ger or Alyen borne, that in time of peace shall come in­to thys Realme, and committe any offence there, for which any naturall subiect thereof, should incurre the iudgment, eyther of felony or treason, but the same straunger or Alien shalbe also in the same state or de­grée. Dyer. 145, For example, in the case of Felony it appeareth, by a Recorde in the thyrde yeere of King Edwarde the sixt, that Charles Gauare a Spaniarde, for murthering of one Gambo in England, was attainted and execu­ted for the same in Smithfield. And for example of trea­son it appeareth, by a Recorde in the third and fourth Dyer, 14, yéeres of Phillip and Mary, that one Iohn Sharles a Frenchman, in the time of peace betwixt the sayd Phil­lip Bro, 32. 4, Ma, and Mary, and the French King, with one Stafford an Englishman, dyd rebelliously take y ^e Castle of Scar­borough, in the North partes of thys Realme, and the same detayned certayne dayes, for which they bothe were arraigned and attainted of treason (for such ta­king or detayning, is a leuying of warre against the Prince) and therefore it is treason, and the inditement 25, Ed. 3, Bro, 24, 1, Ma. wherevpon they were arraygned, was, contra legianciae suae debitum, that is, against the duetie of their allegi­aunce, but if it had béene in the time of warre betwixt the sayd Princes, then it had béene treason only in Staf­ford, and the other should haue béene counted but an e­nemy to bée raunsemed according to the law of Armes. But it may be that some wyll say, that the sayd exam­ples proue nothing in this case, for y ^t she was a Quéene. Scotish Queene not exempt from the sensure of our lawe though she were a Queene. To that I aunswere, though she so were, yet shee was not our Quéene, neither were we subiects to her, and that which almighty God sayth by hys Prophet Dauid Touch not mine annointed, did not exempt the sayde Scottish Quéene, but she was to bee taken of necessitie [Page] as a Subiect, and ordered by the Lawes of thys Lands so long as she was resident héere, sith she had not anye tytle to the Crowne of thys Land, for otherwise, if any forraine Prince in the time of peace, shoulde come into an others Kingdome, and should enter into any offence against the Crowne, as ioyne with the Subiect to leauy warre against that Prince, or conspyre hys death, and should not therefore be punished by the Lawe of that Land, euery Prince might be destroyed and state sub­uerted.

And nowe to returne againe to the matter, touch­ing the duety of Subiects to theyr Prince.

There is a saying in the tenth of Ecclesiastes, verye notable, where it is written thus. Wish no euill to the King in thy thought, nor speake any hurt of him in Ecclesia. 10. thy priuie Chamber, for the byrdes of the ayre shall be­tray thee, and wyth theyr winges shall bewray thy Not lawfull to wish euil to the Prince. voyce. And surely it is most true, for though theyr con­spyracies be neuer so secrete, theyr treasons neuer so cunninglie contriued, yet God doth in tymes alwayes reueale them, to the destruction of the parties to the same, as by the sayde examples may appeare. Nowe for proofe by the word of God, that it is not lawfull for the Subiect to touch the Princes person. Howe often doth almighty God by hys Prophet Dauid, say (as is aboue sayd) Touch not mine annoynted, as though he should say, Forasmuch as I haue placed her in the kynglye throne of thys Realme, and haue appoynted her to rule and gouerne my people, looke thou touch her not, lay no handes on her, offer no violence vnto her personne, for I haue annoynted and consecrated her to that office and function.

I finde in the first Booke of Samuell, where Dauid was vrged by hys men to haue kylled Saule, a great Samuel, 1. [Page] and mighty Prince, and yet out of the fauour of God, a mortall enemy to Dauid, of whom almighty God so of­ten sayth: I haue found Dauid, a man euen according to my hartes desire: but what did Dauid, dyd hee laye hys handes on hym, no, he made his prayers to almighty Not law­full to lay violent handes vp­pon the Prince. God, saying: Lord keepe me that I lay not my hands vpon my master, the Lordes annoynted, for as surely as the Lord lyueth, except he discende into the battayle and there perish, or that hys day become to dye, or that the Lord doo smyte hym, the Lord bee mercifull 1, Sam. 26 to me that I lay not my handes vppon the Lordes an­nointed, and so they departed without dooing any hurt to Saule.

I find also in the same Booke, that Dauid and Aby­say hys seruaunt, at an other time came into the Tent where Saule was fast a sléepe, and Abysay sayde vnto Dauid, Forasmuch as the Lord hath deliuered thy e­nemy Saule into thy handes at thys time, suffer me to strike him but once with my speare, and I wyll not smite him the second time. Meaning to haue kylled hym euen at the first blowe, but Dauid sayde, destroy him not, for who can lay his hands vppon the Lordes annointed, and be guiltles, for as sure as the Lorde ly­ueth, except he discend into the battaile, and there perish, or that the Lord doth smyte him, or that hys day become, God forbidd that thou shouldest lay thy hande vpon the Lords annoynted, and so they depar­ted without dooing any hurt to him.

I finde also in the History of Kynges, that an Amele­kite 2. Sam, 1, taking vpō him the death of Saule whom he found dead, brought his Crowne of Gold vnto Dauid, because he thought thereby the rather to perswade Dauid, that hee was the man that had slayne Saule, and hoped to haue had some great rewad for hys labour, whē Dauid [Page] did sée the Crowne, and did knowe that it was Saules Crowne, he rent his clothes and wept, saying to thys Amalekite, How is it that thou wast not afrayd to laye thy hand vppon the annointed of the Lord, to destroy him, as truely as the Lord lyueth, forasmuch as thy owne mouth doth witnes against thee, thou shalt dye the death, and so he commaunded his seruauntes, and Not law­full to murmer a­gainst ru­iers. they did kill him presentlie. Now let vs sée what hath happened to murmurers against the Rulers and Ma­gistrates appointed ouer them by God. It appeareth in sundry places of the Scriptures, that some of them Examples of the pu­rishment of murmerers by God. Nu, 11, 12, were striken with foule leprosie, many burned wyth fire suddainlie sent from God, sometime a great many of thousandes were consumed with the pestilence, some times they were stinged to death, with fierie Serpents of straunge kind, sometime the earth opened and swal­lowed vp quicke into hell, their Captaynes and bandes of murmurers, and their wiues, children and familie. Thus you sée what straunge and horrible plagues hath Num, 16. fallen vpon such subiects, as did but onelie murmure and speake euill against theyr heads and Rulers. Then touching such as haue apposed themselues against their Punishe­ment of re­bellion of gods hand. soueraigne Gouernour by rebellion, though they haue not laid violent hande vpon him, yet it appeareth they haue béene by Gods iust iudgment sundry wayes puni­shed, as by the example of Absolon is manifest, who entred into conspiracie against King Dauid his father, [...]. Sam. 15, 17 and vsed the aduise of manie wittie men, and assembled a verie great and huge company of Rebelles: which Absolon, though he were most goodly of personne, of great nobility béeing the Kinges sonne, in great fauour of the people, and so déerely beloued of the King himself, so much that he gaue commandement notwithstanding hys rebellion, his life should be saued. When for these [Page] considerations most men were afraid to lay their hands vpon him, a great Trée stretching forth her arme (as it were for that purpose) caught him by the great & long bush of his goodly haire, lapping about it, as he fled ha­stilie 2 Samuel, 18 bare-headed vnder the said Trée, and so hanged him vp by the hayre of the head in the ayre, to giue an eternall document, that neither comlines of personage, neither nobilitie, nor the fauoure of the people, nor the fauour of the King himselfe, can saue a Rebell from due punishment, God the King of all kinges béeing so offen­ded with him, that rather then he should lacke due exe­cution for his treasons, euery trée by the way will bée a gallowes or Iebbet vnto him, and the haire of hys own head, will be vnto him in stedde of a haulter to hang him vp with, rather then he should lacke one. A feare­full example of Gods punishment to consider. Achito­phell, 2, Samu, 17. though otherwise an excéeding wise man, yet the mischeuous Counseller of Absolon in this wicked re­bellion, for lacke of a hangman (a conuenient seruiter for such a Traytor,) went and hanged vppe himselfe, a worthie end of all Rebelles, who rather then they should lacke due execution, will by Gods iust iudgment become hangmen to themselues. Thus happened it to the Captaynes of that rebellion, besides forty thousande of rascall rebelles slayne in the fielde, and in the chase, likewise it is to be séene in the holy Scriptures, howe 2, Samu, 20. that great rebellion, which the Traytor Seba mooued in Israell, was suddainly appeased, the heade of y ^e Cap­taine Traytor, (by meanes of a silly woman) beeing cutt off. Thus you sée also the ende of Traytors & false Rebels, though theyr intent were not to touch the per­son of their soueraigne Gouernour. Surely it is not lawfull for the Subiect of the Turke, nor of the most vngodliest King that raigneth, to murmure or rebell a­against [Page] his Prince, whom God hath placed in y ^e throne The Subiect of the wicked Prince may not rebell. Pro. 1. 6 2. Para. 2. Iob, 34, Osee. 13. Prou, 21, Esdras, 7. Subiects must be o­bedient. Rom, 13, Wisdom. 6. Damnation No diffe­rence be­twyxt the christian prince & the heathen touching submission to higher powers. Ioh. 19. 6, 10 of gouernment, either for the comfort of good people, or for the punishmēt of the bad, if ought be to be reformed touching gouernment in the king, it dooth not belong to the Subiect to redresse the same, but he must refer the matter to God onely, who hath the hartes of Kinges in his order, and disposeth them as it séemeth best to hys godlie wisedome. The duety of the Subiect is alwayes to be obedient, as S. Paule saith, Submitte your selues vnto the higher powers, for there is no power but of God, & all powers that be, are ordeyned of God, who that resisteth powers, resisteth the ordenaunce of God, and procureth vnto himselfe damnation. Héere is no exception of Turke nor Infidell, of the wicked and vn­godlie Prince, more then of the Christian and vertuous King, for his wordes be generall, there is no power but of God, and all powers that are be ordeyned of God. When pilate said to Christ, Knowest not thou that I haue power to loose thee, and also to crucifie thee? hée aunswered, thou couldest haue no power at all ouer me except it were giuen thee from aboue. As he confessed his authoritie to be from aboue, so he submitted himself vnto the same, though he were an heathen Gouernour, to giue vs an example so to doo, whether they he Chri­stian Subiects must pray for theyr Rulers. Rulers or others. And as the Subiect ought to submitte himselfe vnto the higher powers, and to theyr ordenaunces, to beware of murmuringes, conspiracies, and insurrections against their soueraigne Gouernor, so is it also their dueties to pray for them, as S. Paule 1. Timo. cap. 2. saith. I exhort you aboue all thinges, that prayers and supplications, intercessions and giuing of thankes bee had for all men, for Kinges and all other that are in authoritie, that wee may liue a quiet and a peaceable life, withall godlines, for that is good and acceptable in [Page] the sight of God our Sauiour. When Gods holy spi­rite by S. Paul gaue this Lesson to the Christians, they liued for the most part vnder Calygula, Clodius, and Nero, who were heathen Princes, Pagans, and such as Hethen Princes prayed for. did not know God, and were cruell tyrants, and yet the Christians that liued vnder them were exhorted to pray for them. When Nabuchodonasor, king of Babilon, had slayne the king and manie nobles of the Iewes with a great number of their Children and kins-folkes, burned their Country, and Citties yea, and Ierusalem it selfe, and the holy Temple, and had caryed to Babi­lon the rest of them captiues. The Prophet Barucke Baruck. 1 said vnto the Captiues, béeing the people of God, pray yée for the life of Nabuchodonosor king of Babilon, and for the life of Balthazer his sonne, that theire dayes may be as the dayes of heauen vpon the earth, y ^t God also may giue vs strength, and lighten our eies, that we may liue vnder the defence of Nabuchodonasor, king Tyrant Princes prayed for. of Babilon, and vnder the protection of Balthazer hys sonne, that we maie long doo them seruice, and finde fauour in their sight. If then the people of God were willed to pray for Infidels, for Pagans, for Tyrantes, for murtherers, and cruell oppressors of them, and that they might long liue vnder their protections, it follow­eth consequentlie, that it is vtterly against the wyll of God to destroy, or to appose themselues against the Prince, by making of insurrections or rebellions, if they shal praie for such Princes and Rulers, then howe much more ought we to pray for the prosperous estate of our most gracious soueraigne Ladie, that wee may long liue vnder her gracious gouernment, béeing a Christian Prince, one that doth set forth the honor and glorie of God, that doth loue God, serue God, and feare God, that maketh good lawes, that desireth that Iustice [Page] may be equally ministred to all that desireth to raigne with pittie, mercy, and with clemencie, and not by ty­ranny, not by shedding of blood, nor oppression of her people, that is mercifull to offenders, bountifull to wel­deseruers, carefull to defend her dominions and Coun­tries, vnder her subiection from forraine inuasions, that her subiects may liue in peace and rest vnder her. For­asmuch therefore, as it hath pleased God to place her in the kingly seate of thys Realme, to addorne and decke her head with a Crowne of golde and precious stones, to annoint her Quéene of this Land, according to her most iust and rightfull title therevnto, and for that wée daily doo inioy so many blessings of God, vnder her most gracious regiment, and such dailie benefites by her great kindnes and loue towardes vs. Let vs therefore be humble sutors to almighty God, that it may please We must pray for her maiestie. him to holde his holie hand ouer her, to graunt her life, with most prosperous health, long to indure, & that shée may in high felicity long raigne ouer vs: to defend her from Traytors, and false conspirators, to discouer them in time, that they may be rooted out as corrupt mēbers of the body of thys Common wealth, that others her good and faithfull Subiects may thereby the rather bée incouraged to continue in their wel-dooings. Let vs al­so pray for her most honourable Counsell, that it wyll For her most hono­rable Coū ­sell. please God, that they may long liue, and loue together like Brethren, that they may continue faithfull Coun­sellers to this most happy state and gouernment, as they haue doone hetherto to theyr great honours and fames, neuer to dye. That it will please him also to giue vs grace, that we may loue, honour & obey her, in God and for God, acccording to hys blessed worde and orde­nance. And that we may shew our selues in hart, word Pray for our selues to be true subiects. and déede, true, faithfull, loyall and duetiful subiects vn­to [Page] her, Ma. as we are bound by y ^e lawes of God, by the lawes of nature, and by the lawes of this land. And now The prime and commō wealth preserued and maintained by lawe and execu­tion of Iustice. Princes are ordai­ned to go­uerne. because y ^t by the laws and execution of iustice, y ^e Prince is preserued, and the common wealth maintained, as by the said examples you may plainely see, it shall not be impertinent to set downe héere, what law and iustice is and in particularity, some of y ^e great benefits & profittes which growe by y ^e same to the Common wealth & state of euerie kingdome. By that which is sayde afore a­mong other things, it plainly appeareth, that kings are ordeyned to gouerne the people, and subiects, comman­ded by God to submit themselues vnto their authority, for there is no Common wealth, state, or societie of man No com­mō wealth where thereis not superioritie in gouerne­ment. Cicero de legib'. li. 3. kind, that can continue, where there is not superiority or preheminence in gouernmēt, according to their kinde and quallity, as Tully the famous Orator, in his booke de legibus, intreating of gouernment (euen by the law of nature) saith. Nihil tam aptum est ad legem condicionem­que naturae, quam imperium sine quo nec domus vlla, nec ci­uitas, nec gens, nec hominum vniuersum genus, nec rerum natura, nec ipse mundus stare possit, nam et hic deo paret, et huic obediunt maria, terrae (que) et hominum vita iussis supre­me legis obtemperat. That is to say, nothing is so apt to the Law and condition of nature, as authoritie and Go­uernment, without which, no house, no Cittie, no nation nor mankind, nor the nature of thinges. nor the worlde it selfe can stand, for the world obeyeth God, and to him the Seas and landes are subiect, and the life of man to the commaundement of the hyghest Lawe doth obey, as superiority then must be in gouernmēt, so must there There must be good lawes to gouerne by. be also good lawes, statutes and ordenaunces to rule and gouerne. Nam sicut per naruos compago corporis soli­datur sic res publica per legē (quie aligando diciturae ligatur et seruatur.

[Page] As by the sinnowes the body is made strong, so the Iustice must be ex­ecused, o­therwise neither Prince nor Lawe a­uaileth. Common wealth by Lawe (which is so called of bynd­ing) is knit and preserued together, yet neither Prince nor law can much profit, where iustice is not executed. Almighty God therefore, knowing in his euerlasting wisedome and prescience, how necessary good and hole­some lawes, and the execution thereof, should be to rule his people, after they had béene both before the vniuer­sall floodde, and by manie yéeres after, gouerned by the Exod. 20. law of nature; did giue the Law of the tenne Comman­dements in the Mount Sinay, wherein is first contai­ned Law of the tenne Commaunde­ments. our duetie to God, and next to our Neighbours, and also did ordeyne Kinges and Magistrates to rule and correct them by the same and other lawes, as in the Booke of Exodus, and sundrie other places of the holie Scripture appeareth, he gaue also power to Princes to Exod. 19. By God power is giuen to Princes to make good lawes. Prou 8. make good lawes, for the preseruation of their king­domes, Countries, and seignories, and for the politique regiment of their Subiects, as it is written in the Pro­uerbs of Salomon. Through me Kinges raigne, and Princes make iust Lawes: which Lawes must bee con­sonant and agréeing, or at the least not contrarie to the Lawe of God. For woe is threatned in the Scriptures to them that make vnrighteous Lawes, too harde for people to kéepe, and withall, did giue speciall commaun­dement to the subiects, to submitte themselues to theyr Lawes and ordenaunces, as S. Peter doth tetifie, as is afore remembred. Peter. 2.

Now touching what thing lawe is, some define it thus, Lex est summa ratio intua in natura que iubet que faciendo sunt prohibet (que) contraria, that is. The Lawe is Lawe of Nature. the highest reason grafted in nature, that commandeth the thinges which are to be doone, and forbiddeth the contrarie. And Cicero in his second booke de legibus, af­firmeth, Cicero lib. 2 de legibꝰ [Page] Legem neque sapientissimorum fuisse sententiam, Lawe of Nature. ne (que) hominum ingenijs excogitatam, neque scitum esse popu­lorum, sed eternum quiddam quod vniuersum mundum re­geret, imperandi prohibendique, sapiencia, that is, the Law was neither y ^e iudgment of y ^e wisest, neither foūd out by mans wit, nor established by the people, but a certaine euerlasting thing which should gouerne y ^e whole worlde by wisedome, to command, and to prohibite, which say­ing, rather séemeth to be a diffinition of y ^e Law of Na­ture, then of the Law generally, after the opinion of O­sorius. Osorius. 178. Lex est recta ratio deterrens a flagitijs, et ad studi­um honestatis impellent. That is, the Lawe is the perfect Definition of lawe generally. reason, fearing men from euill and wicked actes, & for­cing them to the studdie of vertue and good things. And Musculus in his common places, saith. That Law may be said to bee reason, rule and sentence, which is streng­thened Musculus. 76 with authoritie and Iustice, whereby are com­maunded such things as are to be kept and performed, and such thinges as are to be auoided, are forbidden, which me séemeth is very aptly saide. Nowe touching what iustice is. Bracton saith, Iusticia est constans et Lib primo. perpetua voluntas ius suum cuique tribueus, that is iustice is a constant and perpetual will, to yéelde to euery one his right, he calleth her constant, because she is not mu­table: perpetual, because she shal neuer decay, touching the qualities of lawe, Tully saith, that Leges sunt fun­damenta Cicero. Commodi­ties of law. ciuitatum sunt humani generis praesidium at (que) re­gimen, quibus homines astricti abstinēt iniurijs et faciunt hō mines mitiores ac valde exultantes repremunt legum habene. That is, the lawes are the foundations of Citties, the safegard and gouernours of mankind, by which men be­ing bound, abstaine from iniuries, they make men gen­tle, the reignes of law, doo greatly bridle and restraine the proude and haughty persons. And yet Anacharsis Anacharsis [Page] the wyse Sythian was wont to say, that Lawes are made like Spyders webs, wherein the weakest & moste Lawes are compared to Spiders webbes. séeblest beastes be catched and stick fast, but the strong­est breake out: so lawes bynd the poore and meane per­sons, but the rich cubbes escape vnpunished, but thys is not the default of lawe, which is indifferent to all, but of them that haue the law in gouernment. The same is not more necessary to the world (sayth Aristotel) thē good and holesome lawes are for the preseruation of Aristotel. the weale publique, and surely he sayth true, for as the sunne by hys naturall heate and influence, doth comfort The Sun is not more necessay to the world then good lawes to the commō wealth. preserue and mayntaine euery lyuing thing, hearbe, plant and trée, and giueth vertue and strength to them, whereby they yéelde fruite in theyr due time, according to theyr kindes and properties, necessary for mans vse, so doo good and holesome lawes preserue and maintaine the state of euery kingdome and common wealth, for by law, the honour of God is aduaunced, Traytors, re­belles, and false conspirators (the mortall enemies to e­nery Common wealth, as the Poet sayth, Regnorum Profits of lawe. pessima pestis, seditio) are cutt off, whereby the Prince sitteth the more sure in his royall seate. By execution of iustice, we possesse our liues, our wyues, our children, our landes, our goods, and what soeuer other things we haue, when murtherers, théeues, robbers, and other of­fenders haue theyr deseruing. By law, common peace and quietnes is maintayned, if there were no lawe there wold be no order, if there were no order, al things would be confounded, as the Scripture sayth, vbi nullus ordo, ibi est confusio. The law of it selfe is an honourable thing, it hath no desire of reuenge, it doth carry an in­different mind to all sortes in poynt of Iustice, it op­presseth none, it is not angry wyth any, it coueteth no mans life, goods, nor landes, it is induced only for equi­ties [Page] cause, to punish and redresse wronges and iniuries, it hateth none, for it knoweth not when nor vpon whōe it should be reuenged, it condemneth none without pre­monition or forewarning to speake for himselfe. It generally forbiddeth all men to doo euill, it threatneth to all reuenge which doo transgresse her preceptes, like as the bridle and the spurre driueth and constrayneth the horse swyftly and well to performe his iurney, so do good and reasonable ordinaunces & lawes, lead & direct men to vse good manners and conditions, and thereby to honour, dreade, loue, and serue God, & vertuously to liue among their neighbours, in continuall peace and tran­quilitie, in firme concorde and agréement, in a vnitie of wyll and minde, and in sincere loue and charitie, which thing duelie to performe, is not gyuen to mankinde im­mediatly and onely by nature, as is gyuen to all o­ther creatures, which are by nature constrayned to doo and to liue after theyr kindes, but by Gods reasonable ordenaunces, to instruct and direct men to the same, the law induceth the good subiect to be true and faythfull to hys Prince and soueraigne Gouernour, it encourageth him to doo well, whereby he increaseth in wealth, and enioyeth the fruites of hys owne indeuour. The Lawe is terrible to offenders, but comfortable to well dooers, Rom. ca. 13 Lawes are terrible to offenders but com­fortable to wel dooers as S. Paule sayth: The Magistrate is not fearefull to them that doo well, but to them that do euill. Wylt thou be without feare of the power (saith S. Paule) doo well then, and so shalt thou bee praysed of him, for hee is the minister of God ordayned for thy wealth, but if thou doo euill, then feare, for he beareth not the sword in vaine, for he is the minister of God to take vengeance on them that doo euil, which is meant by Law and Iustice. The lawe that yéeldeth such good Lawes can not be suf­ficiently praised. things as aforesaid, ought to be had in great price, & can­not be sufficiently aduaunced, magnified and praysed, [Page] and therefore let euery good Subiect say alwaies, viuat Rex et currat lex. God graunt the Prince long life, and the Law to haue his course. If you wyl consider the mi­serable estate of such people as liue vnder heathen Princes, The mise­rable con­dition of people that liue where no lawes be. quorum arbitria pro legibus extant, whose iudgmēts are holden for Lawes, and where the King saith, Sic vo­lo sic iubeo, stat pro ratione voluntas, so I will, so I com­maund, my pleasure doth stand for reason. And compare the same with the most happy condition of such Nati­ons as liue vnder the Christian Princes, and Monarks of the world, yée shall soone sée the great bendage of the one, and the most happy condition and liberty of the o­ther, and among other Christian Nations, howe much are we bound to the goodnes of almighty God, that liue vnder so gracious, and so christian a Prince, that dooth not onelie make holesome lawes, but also dooth main­taine The hap­py state of people that liue vnder good lawes all the good lawes of her noble progenitors, and a­mong other, that most honourable, most reasonable, most indifferent Lawe that anie nation in the worlde hath, or that can be deuised, which was ordeyned by Parliament, in the ninth yéere of the raigne of the no­ble King Henry the third, in this maner. Nullus liber 9. H. 3. ca. 28. The hono­rable law of Henry the thyrd homo capietur seu imprisonetur aut disseisietur de libero tēto suo, nec de libertatibus aut liberis consuetudinibus suis nec vtlagetur aut expuletur, vel aliquo alio modo destruetur, nec super ipsum ibimus nec super ipsum mittemus nisi ꝑ legale iudicium parium suorum, vel per legem terrae, nulls vendemus, nulli negabimus, nulli differemus iustitiam sine rectum. That is to say, no man shalbe taken or impriso­ned, nor disseised of his fréehold, nor put out of his liber­ties or frée customes, or shalbe outlawed, or exiled, or by any means destroyed, neither shal we goe or passe vpō him but by y ^e lawful iudgment of hys Péeres, or by the Lawes of this land, we shall sell, deny or defer iustice [Page] or right to anie. I find in the xlii. yéere of Edwarde the 42, Ed, 3, thyrd, that a Commission was graunted out of y ^e Chan­certe, to take a man and his goods, and to put him in prison, and it was adiudged to be a voyde procéeding, be­cause it was doone without inditement or sute of y ^e par­ties, or other due proces, and not according to the sayde Estatute. There is also an other honourable Law made in the xiiii. yéere of king E. 3. That the Iustice of any 14 E 3. ca 4, sta 1. Court whatsoeuer, shall not let to doo the Common law for any commaundement which shall come to them vn­der the great seale, or the priuie seale. And to the ende the Iustices of the Common lawes should be the more The Iu­stice shall not lett to do iustice for anye comman dement of the Prince. carefull to performe that law, it is ordeyned by a statute made 18 E. 3. statuto tertio, that it shalbe part of theyr othe, when they are made Iustices (and so it is indéede) so as they are bound as well by that statute, as in re­spect of their othe to doo iustice to all men: and euerye P [...]nce of this Realme, doth take a solemne othe in the day of their Corronation, to maintaine, and to cause to bee obserued, the lawes, statutes, and customes of thys Realme, and her Maiestie is also well pleased, (albeit shee be aboue her lawes in some respect) yet to be orde­red and yeelde to the same, as other her noble progeni­tors Prince sworne to maintayne lawe. haue doone, to her and their great honors, and im­mortall fames. And because the Lawe of it selfe is as Tully sayth. Mutus magistratus sed magistratus est lex loquens, that is. The Lawe is a dombe Magistrate, Cicero Lib 3. de legibꝰ. but the Magistrate is a speaking Law, therefore offi­cers and Ministers must bee appointed to execute the same lawes. And for that her Maiestie cannot be in e­uery minysters must be appointed to execute Lawes. place to doo iustice, nor can in cases betwixt her selfe and her people be a Iudge, shee is of necessity to impart her authority to others, to ayde and assist her in the administration of iustice, in the choise of which offi­cers she hath great care (as by y ^e auncient statute made [Page] in the first yéere of E. 3. is ordeyned touching Iustice of peace, that they shall be no maintainers of euill, nor ba­rators 1. E. 3. ca, 16, What men may not be Iustices. in the Countrie, but shalbe such as Bracton wri­teth of: Viri sapientes et timentes Deum, in quibus est ve­ritas eloquiorum, et qui oderunt auaritiam quae inducit cu­piditatem, Fcc. e, 10. qui ad [...]extram neque ad sinistram vel propter What men men ought to be chosē to bee Iustices. what they must doo. pros [...] eritatem terrenam vel aduersitatis metum, a tramite iusticiae declin [...]nt, sed iudicent populum dei in equitate, vt dici possunt quod psalmista vult eos dici, de vultu corum iu­dicium prodiit veritatis, et quod considerent efficasiter quid oportuerit secundum necessitatem, quod expediret secundum vtilitatem, quod ligatum fuerit secundum promissionem, et quid deceat secundum honestatem, et tale iudicium diliget honor regis, cuius personam iudicando representant, nulli au tem iuris beneficium denegent, a nullo praemium petant reci­piantue, vt quisque ius suum libero prosequatur vt in causa vid uae ad eos introcatur, vt sint Orphano et pupillo adiuto, res vt nulli calumniam fieri patientur, vt constitutiones eo­rum et edicta iure et consuetudinibus approbate cōmuni v­tilitati conueniant, coram eis nulla deprimat aduersario­rum potentia sed agat vnusquisque quod causa suae deside­rat et se temperat, ab iniuria, nec a limitibus iudiciorum iu­storum auertat eos odium fauor, aut gratia, vt dici possit de eis iustus es domine et rectum iudicium tuum. That is to say: Wisemen fearing GOD, in whose mouth is trueth, which hate couetousnes, that bringeth desire, which neyther to the right hand nor to the left, eyther for worldlie prosperitie or for feare of aduersitie, from the path of right shall decline, but shall iudge the people of God in equitie, that it may be sayd of them, as the Psalme speaketh, out of their countenaunces the iudg­ment of trueth doth procéede, and that they consider ef­fectually, what is to be doone for necessitie, and what is expedient for profit, what shall be bound according to promise, what is méete according to honestie, and such [Page] iudgment the honour of the King doth loue, whose per­sonne in iudgment they represent, which shall deny the benefit of Law to none, nor shall aske or take any re­ward of any, that euery man may fréely prosecute law, that the widdow may haue accesse to them, that they be helpes to the Orphanes and infants, that they suffer no wrong to anie to be doone, that their constitutions and edicts approoued by Customes, may agrée to the com­mon profitte, before them no power of the aduersarie must suppresse any, but that euery one doo that which his cause doth require, and temper himself from wrong, and that from the lymits of the iudgments of the iust, no hatred, fauour, nor thankes do turne them, that it may be said of them, iust art thou Lorde, and thy iudg­ment is right. Which saying of Bracton, though it bee spoken chiefely of Iustice of the Cammon lawes, for that Iustices of Peace, were not til long after this time ordeyned, yet in the choyse of them his opinion is so conuenient to be vsed. A Iustice must be also milde, pati­ent Property of a Iustice and gentle, in hearing the causes brought afore him and graue in his answers, as it is well written.

Si fueris Iudex mitisis corde momento, dicito quae possunt dicta decere senem, He must also remember that which Perenesis Isocrates wryteth: Ad demonicum, quicquid Perenesis, Isocrates, dicturus es prius apud animum tuum expende, multorum enim cogitationem lingua praecurrit. That is, whatsoe­uer thou shalt speake, first waie it in thy mind, for many Nota. mens tongues doo runne asore theyr thoughtes. And to the end the Iustice of peace shalbe the more carefull to doo iustice according to the lawes, statutes, & custemes Euery Iustice is sworne to doo Iustice of this realme, euery of them in their entry into that of­fice, doth take a solemne othe, vpon the holy Booke of God, as by a statute made in the 13. yeere of the raygne of R. the second is ordeyned: whereby the most godlie, 13 R. 2. gracious, and honourable desire, and disposition of the [Page] Princes of this land, that iustice should be equally mi­nistred to al sorts of her people, doth most manifestly appeare. Now they which are called to sitte in place of iu­stice, are further to consider, that they occupy the iudg­ment The Iu­stice doth sit in the place of God. seate of God, and therfore it is sayd to them, Ʋide te quid faciatis non enim hominis sed des exercetis iudicium, that is, take héede what you doo, for you doe not exercise the iudgment of man but of God, and the Gospell sayth Quodcūque metieritis et vobis metietur, Whatsoeuer you measure to others, it shall be measured to you againe. And almighty God saith to the Iudges, Audite illos, et ꝙ iustū est iudicate siue sit ille ciuis siue per egrinus, nulla erit Deu. 1. His dutye in Iudg­ment. personarū distātia ita paruū audietis vt magnū, quia dei iu­diciū est. That is, here them, & iudge rightly whether he be a Cittizen or a straūger, there shal be no difference of person, here the small as well as the great. And againe. He must take no re­wardes to do Iustice. Non accipies personā nec munera quia munera excaecant o­culo siudicū, et mutant verba iustorum. That is, accept no personne in iudgment, nor gyfts, for gyfts blynd y ^e eyes of the Iudge, and change the words of the iust. And al­mighty God by Salomon, saith vnto the Iudges, take Pro, 17. He maye not saue y ^e wicked nor condenme the Iuste héede thou iustifie not the wicked, nor condemne y ^e iust, for both are abhomination to the Lord, let it not be sayd of you as it is written, Christus crucifigitur, Barrabas autem demittitur. That is, Christ is crucified, and Bar­rabas (which was a notable théefe) is let goe, for then it may be rightly sayd of you. Dat veniam coruis, damnat Lib, primo in fine Thoffice of the Iu­stice in causes brought a fore him in iudgment. Deu, 16, Censura columbas. That is, he pardoneth the Rauen which is a rauening foule, and condemneth the Doue, which is a simple Byrde. The office of the Iudge (as Bracton sayth) is also diligenter examinare et cuncta ri­mari. That is, dilligently to examine, and all thinges to open and make plaine, he must make doubtfull thinges certaine, and that which carieth likelihoode of trueth, he must serch out. Almighty God further sayth to y ^e Iudge, [Page] quod iustum est persequeris vt viuas, et possedeas terram Deu. 16. quam dominus deus tuus dabit tibi. That is to say, that which is right pursue and follow, that thou maiest liue and possesse the land which the Lord thy God shal gyue thée. They are with all do consider, that they haue taken in hand a thing of right great importance, namely, the execution of Law and iustice. whereby the honour of God is aduaunced, the Prince preserued, and the Com­mon wealth as is aforesaid maintained. Therfore they ought with all dilligence and discretion, effectually to pursue and execute the same, according to the trust re­posed in them, in dooing whereof, God shall assist them, and the Prince will and ought to ayde and mayntayne them in that they supply her place, and so you shal shew your selues worthy to sitte in place of Iustice, and to be accounted good members of the Common wealth, for the preseruation whereof, eche good subiect ought to im­ploy himselfe, and the rather, sith euery one is borne to Euerye good man must haue care to leue after him a commen­dable me­mory of his good actes. serue his Prince and Countrie. And euery man ought to indeuour himselfe, and haue great desire to leaue to his posteritie, a commendable memory of his good actes doone in hys life time. Quia viuit post funera virtus. for a mans good déedes liue when he is dead, and what bet­ter fame or commendation can a Iudge leaue after him then that he was a righteous Iudge, a graue, discrete and sage man in his dooings touching iustice, that he re­garded alwaies the trueth and right of y ^e cause brought before him, and not the person, and that he would pati­ently and quietly beare both parties, and not vnaduisedly credite the one, before he hath heard the other, for which cause, almighty God hath giuen a mā two eares, one on the one side, and the other on the other side of his head, and reason, sence and vnder standing hath placed betwixt both, to conceiue and decerne the cause, and a tongue to vtter that which is right. And forasmuch as [Page] the Iustice cannot by course of law procéede in the era▪ execution of iustice without information of others therefore the Iurors which are called and charged to inquire and present offences before them inquirable, or to Duty of Iurors. trye any cause, are to consider that they haue also taken vpon them a great charge, wherein, if they be remisse or slacke in dooing theyr dueties, offenders cannot be puni­shed, for the Iustice cannot be a Iudge and an informer or accuser also, and so the euill should not onely bee en­couraged to continue in theyr euill dooings, but also o­thers would be imboldened to attempt the like, to the great losse, hinderaunce, and discouragement of such as desire to liue in the feare of God, and due obseruation of her Maiesties lawes. These Iurors take a solemne othe vpon the holy booke of God, truely to inquire, and Iurors are sworne to doo truely. true presentment to make of such thinges, wherewyth they shall be charged, and shall not let for fauour or af­fection, dyspleasure or malice, to say the truth, as God shall helpe them and the contents of the Booke, where­in they are to consider, that in thys booke are contayned Gods euerlasting trueth, hys most holy & eternal word, What con­sideration men ought to haue which take an oath. whereby we haue forgyuenes of our sins, and be made inheritors of heauen, to liue for euer, with Gods angels and his saynts in ioy & gladnes. And in the same Booke is contayned also Gods terrible threates to obstinate sinners, which wyll not amend theyr liues, nor beléeue the trueth of Gods holy word, and the euerlasting paine prepared in hell for hypocrites, vayne swearers, periu­red persons, false wytnes bearers, vniust condemners of innocent and guiltles men, and for them which for fa­uour hyde the offences of euill dooers, that they shoulde not be punished, so that whosoeuer wilfullie forswea­reth himselfe, hauing taken an othe as is aforesayd, doth vtterly forsake Gods mercy, goodnes and trueth, by the merites of Christes death, and whatsoeuer he hath de­serued [Page] for vs. They refuse forgiuenes of sinnes promi­sed to all penitent sinners, the ioyes of heauen, the company with angels and saints for euer. Al which benefits and comforts are promised to true Christian persons in the Gospell, and they so beeing for sworne doo betake thē selues to the deuils seruice, the father of all lyers, false­hoode, deceipt, and periurie, prouoking the great indig­nation and curse of God, against them in thys life, and the terrible wrath and iudgment of our Sauior Christ, at the great day of the last iudgment, when he shall iust­ly iudg both the quicke and the dead, according to theyr workes. For whosoeuer forsaketh the trueth for loue or displeasure of any man, or for lucre or profitte to hymselfe, doth forsake Christ, and with Iudas doth betraye him, and although such periured mens falsehood be now kept secrete, yet it shall be opened at the last day, when the secretes of all mens harts shall be manifest to al the world, and the trueth shal appeare and accuse them, and theyr owne conscience, with all the blessed company of heauen, shall beare witnes truely against them, and Christ the righteous iudge, shall then iustly condemne them to euerlasting shame and death. Thys sinne of Mala, 3. periurie, almighty God by the prophet Malachy dooth threaten to punish seuerely, saying to the Iewes, I wyll Punish­ment of per iurie by God. come to you in iudgment, and I wyll be a swyft wyt­nes, and a sharpe iudge vpon sorcerers, adulterers, and periured persons.

Which thing to the Prophet Zacherie, almightye Zach. 5. God declareth in a vision, wherein the prophet did sée a Booke flying in y ^e ayre, which was 20. cubits long, & 10 cubits broad, & God said then to him this is y ^e curse that shal goe forth vpon the face of y ^e earth, for [...], false swearing, & periurie, and thys curse shal enter [...] house of the false man, and into the house of the per [...]ed [Page] man, and it shall remaine in the middest thereof & con­sume euen thé timber & stones of the same. Thus you sée how much God doth hate periorie, and what punishment he hath prepared for false swearers and periured persons. It is commanded by the law of God, that none should take his name in vaine, for the Lorde wyll not holde him guiltles that taketh his name in vaine, and how can a man more deepely offende against that law, then when he sweareth and taketh God to witnes that he will say trueth, and yet setteth forth falshood, and co­uereth the trueth, and as the offence of periury is dete­stable before God, so are the offenders therein subiect to the punishment of the Law of this Realme. For by a 3. H. 7, Cap. 1. statute made in the 3. yéere of the Raigne of the noble king Henry the seauenth, it is ordayned, that the Iusti­ces afore whom such men are sworne, haue power to impanell a Iurie, to enquire of their consealinge Punish­ment of Iurors by the law for conseling of the truthe. whereof if they happen to be indited & conuicted, they may impose such fines vpon them, as to theyr discretion in that behalfe shall séeme conuenient: besides thys, none of them shall afterwardes be receiued to giue te­stimonie in matter of trueth, nor bee put in Iuries for tryal of any cause, so much doth the law detest their vn­iust and wicked dealinges, to their vtter reproche and discredite for euer. Wherefore, as they wil shew them selues to feare God, to aduaunce his honour, to tender nota. her Maiesties seruice, the Common wealth of thys Country, auoide the daunger of Law, and desire that the world may continue in that good opinion which it hath conceyued of their vpright and iust dealing, so they are to indeuour themselues to discharge there dueties in the thinges to be commit­ted to theyr charge.