James I: Speech on the Divine Right of Kings - Milestone Documents

James I: Speech on the Divine Right of Kings

( 1609 )

Document Text

I will reduce to three general and main grounds, the principal things that have been agitated in this Parliament, and whereof I will now speak.

First, the Errand for which you were called by me; And that was, for supporting of my state, and necessities.

The second is, that which the people are to move unto the King: To represent unto him such things, whereby the Subjects are vexed, or wherein the state of the Commonwealth is to be redressed: And that is the thing which you call grievances.

The third ground that hath been handled amongst you, and not only in talk amongst you in the Parliament, but even in many other peoples' mouths, as well within, as without the Parliament, is of a higher nature then any of the former, though it be but an Incident; and the reason is, because it concerns a higher point: And this is a doubt, which hath been in the heads of some, of my Intention in two things.

First, whether I was resolved in the general, to continue still my government according to the ancient form of this State, and the Laws of this Kingdom: Or if I had an intention not to limit myself within those bounds, but to alter the same when I thought convenient, by the absolute power of a King. . . .

THE State of MONARCHY is the supremest thing upon earth: For Kings are not onlyGOD'S Lieutenants upon earth, and sit upon GOD'S throne, but even by GOD himself they are called Gods. There be three principal similitudes that illustrates the state of MONARCHY: One taken out of the word of GOD; and the two other out of the grounds of Policy and Philosophy. In the Scriptures Kings are called Gods, and so their power after a certain relation compared to the Divine power. Kings are also compared to Fathers of families: for a King is truly Parens patriae, the politic father of his people. And lastly, Kings are compared to the head of this Microcosm of the body of man.

Kings are justly called Gods, for that they exercise a manner or resemblance of Divine power upon earth: For if you will consider the Attributes to God, you shall see how they agree in the person of a King. God hath power to create, or destroy, make, or unmake at his pleasure, to give life, or send death, to judge all, and to be judged nor accomptable [sic] to none: To raise low things, and to make high things low at his pleasure, and to God are both soul and body due. And the like power have Kings: they make and unmake their subjects: they have power of raising, and casting down: of life, and of death: Judges over all their subjects, and in all causes, and yet accomptable to none but God only. They have power to exalt low things, and abase high things, and make of their subjects like men at the Chess; A pawn to take a Bishop or a Knight, and to cry up, or down any of their subjects, as they do their money. And to the King is due both the affection of the soul, and the service of the body of his subjects: And therefore that reverend Bishop here amongst you, though I hear that by diverse he was mistaken or not well understood, yet did he preach both learnedly and truly anent this point concerning the power of a King: For what he spake of a King's power in Abstracto, is most true in Divinity: For to Emperors, or Kings that are Monarchs, their Subjects bodies & goods are due for their defense and maintenance. But if I had been in his place, I would only have added two words, which would have cleared all: For after I had told as a Divine, what was due by the Subjects to their Kings in general, I would then have concluded as an Englishman, shewing this people, That as in general all Subjects were bound to relieve their King; So to exhort them, that as we lived in a settled state of a Kingdom which was governed by his own fundamental Laws and Orders, that according thereunto, they were now (being assembled for this purpose in Parliament) to consider how to help such a King as now they had; And that according to the ancient form, and order established in this Kingdom: putting so, a difference between the general power of a King in Divinity, and the settled and established State of this Crown, and Kingdom. And I am sure that the Bishop meant to have done the same, if he had not been straighted by time, which in respect of the greatness of the presence preaching before me, and such an Auditory, he durst not presume upon.

As for the Father of a family, they had of old under the Law of Nature Patriam potestatem, which was Potestatem vitæ & necis, over their children or family (I mean such Fathers of families as were the lineal heirs of those families whereof Kings did originally come): For Kings had their first original from them, who planted and spread themselves in Colonies through the world. Now a Father may dispose of his Inheritance to his children, at his pleasure: yea, even disinherit the eldest upon just occasions, and prefer the youngest, according to his liking; make them beggars, or rich at his pleasure; restrain, or banish out of his presence, as he finds them give cause of offence, or restore them in favour again with the penitent sinner: So may the King deal with his Subjects.

And lastly, as for the head of the natural body, the head hath the power of directing all the members of the body to that use which the judgment in the head thinks most convenient. It may apply sharp cures, or cut off corrupt members, let blood in what proportion it thinks fit, and as the body may spare, but yet is all this power ordained by God Ad ædificationem, non ad destructionem. For although God have power as well of destruction, as of creation or maintenance; yet will it not agree with the wisdom of God, to exercise his power in the destruction of nature, and overturning the whole frame of things, since his creatures were made, that his glory might thereby be the better expressed: So were he a foolish father that would disinherit or destroy his children without a cause, or leave off the careful education of them; And it were an idle head that would in place of physick so poison or phlebotomize the body as might breed a dangerous distemper or destruction thereof. . . .

I conclude then this point touching the power of Kings, with this Axiom of Divinity, That as to dispute what God may do, is Blasphemy; but quid vult Deus, that Divines may lawfully, and do ordinarily dispute and discuss; for to dispute A Posse ad Esse is both against Logic and Divinity: So is it sedition in Subjects, to dispute what a King may do in the height of his power: But just Kings will ever be willing to declare what they will do, if they will not incur the curse of God. I will not be content that my power be disputed upon: but I shall ever be willing to make the reason appear of all my doings, and rule my actions according to my Laws.

The other branch of this incident is concerning the Common Law, being conceived by some, that I contemned it, and preferred the Civil Law thereunto. As I have already said, Kings' Actions (even in the secretest places) are as the actions of those that are set upon the Stages, or on the tops of houses: and I hope never to speak that in private, which I shall not avow in public, and Print it if need be. . . . For it is true, that within these few days I spake freely my mind touching the Common Law in my Privy Chamber, at the time of my dinner, which is come to all your ears; and the same was likewise related unto you by my Treasurer, and now I will again repeat and confirm the same myself unto you. First, as a King I have least cause of any man to dislike the Common Law: For no Law can be more favourable and advantageous for a King, and extendeth further his Prerogative, than it doth: And for a King of England to despise the Common Law, it is to neglect his own Crown. It is true, that I do greatly esteem the Civil Law, the profession thereof serving more for general learning and being most necessary for matters of Treaty with all foreign Nations: And I think that if it should be taken away, it would make an entry to Barbarism in this Kingdom, and would blemish the honour of England. . . . My meaning therefore is not to prefer the Civil Law before the Common Law; but only that it should not be extinguished, and yet so bounded, (I mean to such Courts and Causes) as have been in ancient use. . . .  Nay, I am so far from disallowing the Common Law, as I protest, that if it were in my hand to choose a new Law for this Kingdom, I would not only prefer it before any other National Law, but even before the very Judicial Law of Moses: and yet I speak no blasphemy in preferring it for conveniency to this Kingdom, and at this time, to the very Law of God. . . . Now the second general ground whereof I am to speak, concerns the matter of Grievances. . . . I would wish you to be careful to avoid three things in the matter of Grievances.

First, that you do not meddle with the main points of Government; that is my craft: tractent fabrilia fabri; to meddle with that, were to lesson me: I am now an old King; for six and thirty years have I governed in Scotland personally, and now have I accomplished my apprenticeship of seven years here; and seven years is a great time for a King's experience in Government: Therefore there would not be too many Phormios to teach Hannibal: I must not be taught my Office.

Secondly, I would not have you meddle with such ancient Rights of mine, as I have received from my Predecessors, possessing them, More Maiorum: such things I would be sorry should be accounted for Grievances. All novelties are dangerous as well in a politic as in a natural Body: And therefore I would be loath to be quarreled in my ancient Rights and possessions: for that were to judge me unworthily of that which my Predecessors had and left me.

And lastly, I pray you beware to exhibit for Grievance any thing that is established by a settled Law, and whereunto (as you have already had a proof) you know I will never give a plausible answer: For it is an undutiful part in Subjects to press their King, wherein they know beforehand he will refuse them. Now, if any Law or Statute be not convenient, let it be amended by Parliament, but in the meantime term it not aGrievance: for to be grieved with the Law, is to be grieved with the King, who is sworn to be the Patron and maintainer thereof. But as all men are flesh, and may err in the execution of Laws; So may ye justly make a Grievance of any abuse of the Law, distinguishing wisely between the faults of the person, and the thing itself. As for example, Complaints may be made unto you of the high Commissioners: If so be, try the abuse, and spare not to complain upon it, but say not there shall be no Commission; For that were to abridge the power that is in me: and I will plainly tell you, That something I have with myself resolved anent that point, which I mean ever to keep, except I see other great cause: which is, That in regard the high Commission is of so high a nature, from which there is no appellation to any other Court, I have thought good to restrain it only to the two Archbishops, where before it was common amongst a great part of the Bishops in England. This Law I have set to myself, and therefore you may be assured, that I will never find fault with any man, nor think him the more Puritan, that will complain to me out of Parliament, as well as in Parliament, of any error in execution thereof, so that he prove it; Otherwise it were but a calumny. Only I would be loath that any man should grieve at the Commission itself, as I have already said. Ye have heard (I am sure) of the pains I took both in the causes of the Admiralty, and of the Prohibitions: If any man therefore will bring me any just complaints upon any matters of so high a nature as this is, ye may assure yourselves that I will not spare my labour in hearing it. In faith you never had a more painful King, or that will be readier in his person to determine causes that are fit for his hearing. And whenever any of you shall make experience of me in this point, ye may be sure never to want access, nor ye shall never come wrong to me, in, or out of Parliament.

AND now the third point remains to be spoken of; which is the cause of my calling of this Parliament. And in this I have done but as I use to do in all my life, which is to leave mine own errand hindmost. . . .

I am not now . . . to dispute of a King's power, but to tell you what I may justly crave, and expect with your good wills. I was ever against all extremes; and in this case I will likewise wish you to avoid them on both sides. For if you fail in the one, I might have great cause to blame you as Parliament men, being called by me for my Errands: And if you fall into the other extreme, by supply of my necessities without respective care to avoid oppression or partiality in the Levy, both I and the Country will have cause to blame you. . . .

First, ye all know, that by the accession of more Crowns, which in my Person I have brought unto you, my charge must be the greater in all reason: For the greater your King be, both in his dominion and number of Subjects, he cannot but be forced thereby to be at the more charge, and it is the more your honour, so to have it.

Next, that posterity and issue which it hath pleased God to send me for your use, cannot but bring necessarily with it a greater proportion of charge. You all know that the late Queen of famous memory (notwithstanding her orbity) had much given unto her, and more than ever any of her predecessors had before her.

Thirdly, the time of creation of my Son doth now draw near, which I choose for the greater honour to be done in this time of Parliament. As for him I say no more; the sight of himself here speaks for him.

Fourthly, it is true I have spent much; but yet if I had spared any of those things, which caused a great part of my expense, I should have dishonored the kingdom, myself, and the late Queen. . . . But I hope you will never mislike me for my liberality, since I can look very few of you this day in the face, that have not made suits to me, at least for something, either of honour or profit. It is true, a Kings liberality must never be dried up altogether: for then he can never maintain nor oblige his servants and well deserving Subjects. . . . For to conclude this point anent expenses, I hold that a King's expense must always be honourable, though not wasteful, and the charges of your King in maintaining those ancient honourable forms of living that the former Kings of England my Predecessors have done, and his living to be ruled according to the proportion of his greatness, is as well for the honour of your Kingdom, as of your King. Now this cannot be supplied out of the ayre or liquid elements, but must come from the people. . . .  For I hope there are no good Subjects either within, or out of the Parliament House, that would not be content for setting straight once and settling the Honourable State of their King, to spare so much every one of them out of their purses, which peradventure they would in one night throw away at Dice or Cards, or bestow upon a horse for their fancies, that might break his neck or his leg the next morning: Nay I am sure every good Subject would rather choose to live more sparingly upon his own, than that his King's State should be in want. . . .

And now in the end of all this fashious Speech, I must conclude like a Grey Friar, in speaking for myself at last. At the beginning of this Session of Parliament, when the Treasurer opened my necessities unto you, then my Purse only laboured; But now that word is spread both at home and abroad of the demands I have made unto you; my Reputation laboureth as well as my Purse: For if you part without the repairing of my State in some reasonable sort, what can the world think, but that the evil will my Subjects bear unto me, hath bred a refuse? And ye can never part so, without apprehending that I am distasted with your behaviour, and yet to be in fear of my displeasure. But I assure and promise myself far otherwise. . . .

To conclude then: As all these three days of Jubilee have fallen in the midst of this season of penitence, wherein you have presented your thanks to me, and I the like again to you: So do I wish and hope, that the end of this Parliament will be such, as we may all have cause (both I your Head, and ye the Body) to join in Eucharistic Thanks and Praises unto God, for our so good and happy an End.


Source: The Parliamentary Or Constitutional History of England: From The Earliest Times, to the Dissolution of the Convention Parliament that Restored King Charles II, vol. 23. London: William Sandby, 1761.

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