of the Judges, and may determine them himselfe. And the Archbishop said, that this was cleer in Divinity, that such Authority belongs to the King by the Word of God in the Scripture. To which it was answered by me, in the presence, and with the cleer consent of all the Justices of England and Barons of the Exchequer, that the King in his own person cannot adjudge any case, either criminall, as Treason, Felony, &c. or betwixt party and party, concerning his Inheritance, Chattels, or Goods, &c. but this ought to be determined and adjudged in some Court of Justice, according to the Law and Custome of England, and alwayes Judgements are given, Ideo consideratum est per Curiam, so that the Court gives the Judgement. And the King hath his Court, viz. in the upper House of Parliament, in which he with his Lords is the supreame Judge over all other Judges; For if Error be in the Common Pleas, that may be reversed in the King’s Bench: And if the Court of King’s Bench erre, that may be reversed in the upper house of Parliament, by the King, with the assent of the Lords Spirituall and Temporall, without the Commons: And in this respect the King is called the Chief Justice, 20 H. 7.7.2.2 by Brudnell:3 And it appears in our Books, that the King may sit in the Star-Chamber, but this was to consult with the Justices, upon certain Questions proposed to them, and not in Judicio; So in the King’s Bench he may sit, but the Court gives the Judgment. And it is commonly said in our Books, that the King is alwayes present in Court in the Judgement of Law; and upon this he cannot be non-suit:4 But the Judgements are alwayes given Per Curiam; and the Judges are sworn to execute Justice according to Law and custome of England. And it appeares by the Act of Parliament, of 2 Ed. 3. cap. 9.5 2. Ed. 3. cap. 1.6 That neither by the great Seale, nor by the little Seale, Justice shall be delayed; ergo, the King cannot take any cause out of any of his Courts, and give Judgment upon it himselfe, but in his owne cause he may stay it, as it doth appeare, H.4.8.7 And the Judges informed the King, that no King after the conquest assumed to himselfe to give any Judgment in any cause whatsoever, which concerned the administration of Justice within this Realme, but these were solely determined in the Courts of Justice.8 And the King cannot arrest any man, as the Book is in 1 H.7.4.9 for the party cannot have remedy against the King, so if the King give any Judgment, what remedy can the party have, vide 39 Ed. 3.14.10 One who had a Judgment reversed before the Councill of State: it was held utterly void, for that it was not a place where Judgment may be reversed, vide 1.H.7.4 Hussey chiefe Justice,11 who was Attorney to Ed. 4. reports, that Sir John Markham chief Justice said to King Edward 4 That the King cannot arrest a man for suspition of Treason or Felony, as other of his Leiges may; for that if it be a wrong to the party grieved, he can have no remedy. And it was greatly marvelled that the Arch-bishop durst informe the King, that such absolute power and authority as is aforesaid, belonged to the King by the Word of God, vide 4.H.4.cap.2212 which being translated into Latine, the effect is, Judicia in Curia Regis reddita non annihilentur, sed stet judicium in suo robore quousq; per judicium Curiae Regis tanquam erroneum, &c. vide West, 2 cap. 5.13 vide le Stat. de Marbridge. cap 1.14 Provisum est, concordatum, & concessum, quod tam majores quam minores justitiam habeant & recipiant in Curia Domini Regis, & vide le Stat. de Mag. Charta. cap. 29.,15 25 Ed. 3. cap. 5.16 None may be taken by petition or suggestion made to our Lord the King or his Councill, unless by Judgement. And 43 Ed. 3. cap. 3.17 no man shall be put to answer without presentment before the Justices, matter of Record, or by due Processe, or by Writ Originall, according to the Ancient Law of the Land: And if anything be done against it, it shall be void in Law and held for Error, vide 28 Ed. 3. cap. 3.,18 37 Ed. 3. cap. 18.,19 vide 17 R. 2. ex rotulis Parliamenti in Turri act 10.20 A controversie of Land between parties was heard by the King, and sentence given, which was repealed, for this, that it did belong to the common Law. Then the King said, that he thought the Law was founded upon reason, and that he and others had reason, as well as the Judges: To which it was answered by me, that true it was, that God had endowed his Majesty with excellent Science and great endowments of nature, but his Majesty was not learned in the Lawes of his Realm of England, and causes which concerne the life, or inheritance, or goods, or fortunes of his Subjects; they are not to be decided by naturall reason, but by the artificiall reason and judgment of Law, which Law is an art which requires long study and experience, before that a man can attain to the cognizance of it; And that the Law was the golden met-wand and measure to try the Causes of the Subjects; and which protected his Majesty in safety and peace: With which the King was greatly offended, and said, that then he should be under the Law, which was Treason to affirm, as he said; To which I said, that Bracton saith, Quod Rex non debet esse sub homine, sed sub Deo & Lege.21
William Goodwin delivered the sermon published here in his capacity as chaplain to James I toward the end of his long and successful career in the Church of England. Goodwin had held a variety of benefices in Yorkshire and London before arriving in Oxfordshire. In 1611 he was made dean of Christ Church college in Oxford and in 1614, when he preached this sermon before the king at Woodstock, he had just been made vice chancellor of Oxford University.
Goodwin’s sermon contains the emphasis, usual for the time, upon the independence of the English king from the power of the pope. However, Goodwin goes on to stress that the king was also exempt from the power of the law. Dutiful subjects, he assured worshippers, were bound to obey the king even if he became a tyrant. These teachings obviously pleased James who ordered the sermon to be published. On the other hand, it was bound to irritate many politically active gentlemen. Only four years before, Parliament had been so incensed by the absolutist opinions expressed by John Cowell in The Interpreter, a law dictionary, that it took the unusual step of censuring the book. At that time James had prudently rescinded approval for the book’s publication. His command that Goodwin’s sermon be published would suggest that James’s action in Cowell’s case was only a strategic retreat, but that he was quite prepared to broadcast notions similar to Cowell’s when opportunity presented itself. This sermon appears to be Goodwin’s only publication and appeared in only one edition.
JEREMIE 1. 10
See! I have this day set thee up, over Nations & Kingdomes, to plucke up, to roote out, to destroy, to overthrow, to build, and to plant.
It is not my purpose to extoll the Dignity, or discourse of the Duety of a Prophet, in the presence of a King. The wordes of my Text, I confesse, naturally exact it; yet may it seeme unseasonable, in this Royall Presence, in this place, especially in these times. Miserable, & wretched times! in which the chiefe and principall, the essentiall and fundamentall points of Religion, and Christianity, which should breed Peace in our Consciences, and bring Salvation to our Soules, are almost growne harsh and out of fashion, stale, and out of request. Looke into the many Bookes and volumes, which in these later yeares, have proceeded from our English Fugitives, and Romish adversaries; in some, you shall finde the Name of Christ seldome mentioned; in many, no one point of Religion handled; in most, if any be handled, it is but obiter, and in transitu,1 by the way, and superficially, to farce and stuffe out the volume; the maine scope, & drift of all, hath beene, to advance the Miter above the Crowne, and to erect the Monster of the more than Transcendent Superioritie of the Sea and Church of Rome. Insomuch that we are now forced to spend our times & studies, our paines and watchings, our Books and writings, our discourses and preachings, yea our very Spirits and Lives, in upholding the Thrones, in sustaining the Scepters, in setling the Crownes, nay in vindicating the Lives, the Estates, and Dignities of Sacred and Anointed Kings, from the unjust and bloody Assasinations of Romish and
