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A01128 Certaine miscellany vvorks of the Right Honourable Francis Lo. Verulam, Viscount S. Alban. Published by William Rawley ... Bacon, Francis, 1561-1626.; Rawley, William, 1588?-1667. 1629 (1629) STC 1124; ESTC S100333 51,832 176

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graft this Golden Head vpon their owne Necks after their Death Nay they may make Nabuchadonozors Jmage of Monarchy golden from Head to Foot And if any of the Meaner sort of Politiques that are sighted onely to see the worst of things thinke That Lawes are but Cobwebs and that good Princes will doe well without them and bad will not stand much vpon them The Discourse is neither good nor wise For certaine it is that good Lawes are some bridle to bad Princes And as a very wall about Gouernment And if Tyrants sometime make a breach into them yet they mollifie euen Tyranny it selfe As Solons Lawes did the Tyranny of Pisistratus And then commonly they get vp againe vpon the first Aduantage of better times Other meanes to perpetuate the Memory and Merits of Soueraign Princes are inferiour to this Buildings of Temples Tombes Palaces Theaters and the like are honourable things and looke bigge vpon Posterity But Constantine the Great gaue the Name well to those workes when hee vsed to call Traian that was a great Builder Parietaria Wall-Flower Because his Name was vpon so many Walls So if that be the Matter that a King would turne Wall-flower or Pellitory of the Wall with cost he may Adrian's veine was better For his minde was to wrastle a fall with Time And being a great Progressour through all the Roman Empire when euer he found any Decaies of Bridges or Highwaies or Cuts of Riuers and Sewers or Walls or Banks or the like he gaue substantiall order for their Repaire with the better Hee gaue also Multitudes of Charters and Liberties for the comfort of Corporations and Companies in decay So that his Bounty did striue with the Ruines of Time But yet this though it were an excellent Disposition went but in effect to the Cases and Shels of a Common-wealth It was nothing to Vertue or Vice A bad Man might indifferently take the benefit and ease of his Waies and Bridges as well as a good And bad People might purchase good Charters Surely the better Workes of Perpetuity in Princes are those that wash the Jn-side of the Cup. Such as are Foundations of Colledges and Lectures for Learning and Education of youth Likewise Foundations and Jnstitutions of Orders and Fraternities for Noblenesse Enterprise and Obedience and the like But yet these also are but like Plantations of Orchards and Gardens in Plots and Spots of Ground here and there They doe not till ouer the whole Kingdome and make it fruitfull as doth the Establishing of good Lawes and Ordinances Which makes a whole Nation to be as a well ordered Colledge or Foundation This kinde of Worke in the memory of Times is rare enough to shew it Excellent And yet not so rare as to make it suspected for Impossible Inconuenient or Vnsafe Moses that gaue Lawes to the Hebrewes because he was the Scribe of God himselfe is fitter to be named for honours sake to other Lawgiuers than to bee numbred or ranked amongst them Minos Lycurgus and Solon are Examples for Themes of Grammar Schollers For ancient Personages and Characters now adayes vse to wax Children againe Though that Parable of Pindarus be true The best thing is Water For Common and Triuiall Things are many times the best And rather despised vpon Pride because they are vulgar than vpon Cause or Vse Certaine it is that the Lawes of those three Law-Giuers had great Prerogatiues The first of Fame Because they were the Patterne amongst the Grecians The second of Lasting For they continued longest without alteration The third of a Spirit of Reuiuer To bee often oppressed and often restored Amongst the seuen Kings of Rome foure were Law-Giuers For it is most true that a Discourser of Italy saith There was neuer State so well swadled in the Infancie as the Roman was by the vertue of their first Kings Which was a principall Cause of the wonderfull growth of that State in after times The Decemuirs Lawes were Lawes vpon Lawes not the Originall For they grafted Lawes of Grecia vpon Roman Stocke of Lawes and Customes But such was their successe as the Twelue Tables which they compiled were the maine Body of the Lawes which framed and weilded the great Body of that Estate These lasted a long time with some Supplementals and the Pretorian Edicts in Albo Which were in respect of Lawes as Writing Tables in respect of Brasse The one to be put in and out as the other is permanent Lucius Cornelius Sylla reformed the Lawes of Rome For that Man had three Singularities which neuer Tyrant had but he That he was a Law-Giuer That he tooke part with the Nobility And That he turned Priuate Man not vpon Feare but vpon Confidence Caesar long after desired to imitate him only in the First For otherwise hee relied vpon new Men And for resigning his Power Seneca describeth him right Caesar gladium citò condidit nun quam posuit Caesar soone sheathed his sword but neuer put it off And himselfe tooke it vpon him saying in scorne of Syllae's Resignation Sylla nesciuit literas dictare non potuit Sylla knew no letters he could not dictate But for the part of a Law-Giuer Cicero giueth him the Attribute Caesar si ab eo quaereretur quid egisset in Togâ leges se respondisset multas praeclaras tulisse Jf you had asked Caesar what he did in the Gowne he would haue answered that he made many excellent Lawes His Nephew Augustus did tread the Same steps but with deeper print because of his long Reigne in peace Whereof one of the Poets of his time saith Pace datâ terris animum ad Ciuilia vertit Jura suum legesque tulit iustissimus Author From that time there was such a Race of Wit and Authority betweene the Commentaries and Decisions of the Lawyers and the Edicts of the Emperours as both Lawes and Lawyers were out of breath VVhereupon Iustinian in the end recompiled both And made a Body of Lawes such as might be weilded which himselfe calleth gloriously and yet not aboue truth The Edifice or Structure of a sacred Temple of Iustice Built indeed out of the former Ruines of Bookes as Materials and some Nouell Constitutions of his owne In Athens they had Sexuiri as Aeschines obserueth which were standing Commissioners Who did watch to discerne what lawes waxed vnproper for the Times and what new Law did in any branch crosse a former Law and so Ex officio propounded their Repeale King Edgar collected the Lawes of this Kingdome and gaue them the strength of a Faggot bound which formerly were dispersed Which was more glory to him then his Sailing about this Island with a potent Fleet. For that was as the Scripture saith Via nauis in mari The way of a ship in the Sea It vanished but this lasteth Alphonso the Wise the ninth of that Name King of Castile compiled the Digest of the Lawes of Spaine Intituled the Siete Partidas An excellent Worke which he finished in seuen
of Iulius 2. Paulus 4. and Zistus 5. As for that great Body of Germanie I see they haue greater reason to confederate themselues with the Kings of France and Great Britaine or Denmarke for the libertie of the Germaine Nation and for the Expulsion of Spanish and forraine Forces than they had in the yeares 1552. and 1553. At which time they contracted a League with Henry the second the French King vpon the same Articles against Charles the fifth who had impatronized himselfe of a great Part of Germany through discord of the German Princes which himselfe had sowen and fomented Which League at that time did the Deed and draue out all the Spaniards out of that part of Germany And re-integrated that Nation in their ancient Liberty and Honour For the West Indies though Spaine hath had yet not much actuall disturbance there except it haue beene from England Yet neuerthelesse I see all Princes lay a kind of claime vnto them Accounting the Title of Spaine but as a Monopolie of those large Countries wherein they haue in great part but an Imaginary Possession For Affrick vpon the West the Moores of Valentia expulsed and their Allies doe yet hang as a Cloud or Storme ouer Spaine Gabor on the East is like an Anniuersary Wind that riseth euery yeare once vpon the Party of Austria And Persia hath entred into Hostility with Spaine and giuen them the first blow by taking of Ormus It is within euery mans Obseruation also that Venice doth thinke their State almost on fire if the Spaniards hold the Valtoline That Sauoy hath learned by fresh experience That Alliance with Spaine is no Security against the Ambition of Spaine And that of Bauaria hath likewise beene taught that Merit and Seruice doth oblige the Spaniard but from day to day Neither doe I say for all this but that Spaine may rectifie much of this ill Bloud by their particular and cunning Negotiations But yet there it is in the Body and may breake out no man knoweth when into ill Accidents But at least it sheweth plainly that which serueth for our purpose That Spain is much destitute of Assured and Confident Confederates And therefore I will conclude this Part with the Speech of a Counsellour of State in Spaine at this day which was not without Salt He said to his Master the King of Spaine that now is vpon occasion Sir I will tell your Maiesty thus much for your comfort Your Maiesty hath but two Enemies Whereof the one is all the World And the other is your owne Ministers And thus I end the Second Maine Part I propounded to speake of which was The Ballancing of the Forces betweene the Kings Maiestie and the King of Spaine if a Warre must follow FINIS AN ADVERTISEMENT TOVCHING AN Holy Warre Written in the yeare 1622. Whereunto the Author prefixed an Epistle to the Bishop of Winchester last deceased LONDON ¶ Printed by IOHN HAVILAND for Humphrey Robinson 1629. TO THE RIGHT REVEREND FATHER in God LANCELLOT ANDREWES Lord Bishop of Winchester and Counsellour of Estate to his MAIESTIE My Lord AMongst Consolations it is not the least to represent to a Mans selfe like Examples of Calamitie in others For Examples giue a quicker Jmpression than Arguments And besides they certifie vs that which the Scripture also tendreth for satisfaction That no new Thing is happened vnto vs. This they doe the better by how much the Examples are liker in circumstances to our owne Case And more especially if they fall vpon Persons that are greater and worthier than our selues For as it sauoureth of Vanity to match our selues highly in our owne conceit So on the otherside it is a good sound Conclusion that if our Betters haue sustained the like Euents wee haue the lesse cause to be grieued Jn this kinde of Consolation I haue not beene wanting to my Selfe Though as a Christian I haue tasted through Gods great goodnesse of higher Remedies Hauing therefore through the Varietie of my Reading set before me many Examples both of Ancient and Later Times my Thoughts I confesse haue chiefly stayed vpon three Particulars as the most Eminent and the most Resembling All three Persons that had held chiefe place of Authority in their Countries All three ruined not by Warre or by any other Disaster but by Justice and Sentence as Delinquents and Criminalls All three famous Writers insomuch as the remembrance of their Calamity is now as to Posterity but as a little Picture of Night-worke remaining amongst the faire and excellent Tables of their Acts and Works And all three if that were any thing to the matter fit Examples to quench any Mans Ambition of Rising againe For that they were euery one of them restored with great glory but to their further Ruine and Destruction ending in a violent Death The Men were Demosthenes Cicero and Seneca Persons that J durst not claime Affinity with except the Similitude of our Fortunes had contracted it When I had cast mine Eyes vpon these Examples J was carried on further to obserue how they did beare their Fortunes and principally how they did employ their Times being banished and disabled for Publike Businesse To the end that J might learne by them And that they might be as well my Counsellours as my Comforters Wherupon I happened to note how diuersly their Fortunes wrought vpon them especially in that point at which I did most aime which was the employing of their Times and Pens Jn Cicero I saw that during his Banishment which was almost two yeares he was so softned and deiected as he wrote nothing but a few Womanish Epistles And yet in mine opinion he had least reason of the Three to be discouraged For that although it was iudged and iudged by the highest kinde of Iudgement in forme of a Statute or Law that he should be banished And his whole Estate confiscated and seized And his houses pulled downe And that it should be highly penall for any Man to propound his Repeale Yet his Case euen then had no great Blot of Ignominy but it was thought but a Tempest of Popularitie which ouerthrew him Demosthenes contrariwise though his Case was foule being condemned for Bribery And not simple Bribery but Bribery in the Nature of Treason and Disloyalty yet neuerthelesse tooke so little knowledge of his Fortune as during his Banishment hee did much busie himselfe and entermeddle with matters of State And tooke vpon him to Counsell the State as if he had beene still at the Helme by letters As appeares by some Epistles of his which are extant Seneca indeed who was condemned for many Corruptions and Crimes and banished into a solitary Island kept a Meane And though his penne did not freese yet he abstained from intruding into Matters of Businesse But spent his time in writing Books of excellent Argument and Vse for all Ages Though he might haue made better Choyce sometimes of his Dedications These Examples confirmed mee much in a Resolution whereunto J was
otherwise inclined to spend my Time wholly in Writing And to put forth that poore Talent or halfe Talent or what it is that God hath giuen me not as heretofore to particular Exchanges but to Banks or Mounts of Perpetuity which will not breake Therefore hauing not long since set forth a part of my Instauration Which is the Worke that in mine owne iudgement Si nunquam fallit Imago J doe most esteeme I thinke to proceed in some new parts thereof And although J haue receiued from many Parts beyond the Seas Testimonies touching that Worke such as beyond which J could not expect at the first in so abstruse an Argument yet neuerthelesse J haue iust cause to doubt that it flies too high ouer Mens Heads I haue a purpose therefore though I breake the order of Time to draw it downe to the sense by some Patternes of a Naturall Story and Inquisition And againe for that my Booke of Aduancement of Learning may be some Preparatiue or Key for the better opening of the Instauration Because it exhibit's a Mixture of new Conceits and old whereas the Instauration giues the new vnmixed otherwise than with some little Aspersion of the old for tastes sake J haue thought good to procure a Translation of that Booke into the Generall Language not without great and ample Additions and Enrichment thereof Especially in the Second Booke which handleth the Partition of Sciences In such sort as I hold it may serue in lieu of the First Part of the Instauration and acquit my promise in that part Againe because I cannot altogether desert the Ciuill Person that I haue borne Which if I should forget Enough would remember J haue also entred into a worke touching Lawes Propounding a Character of Iustice in a middle terme betweene the Speculatiue and Reuerend discourses of Philosophers and the Writings of Lawyers which are tied and obnoxious to their particular Lawes And although it be true that J had a purpose to make a particular Digest or Recompilement of the Lawes of mine owne Nation Yet because it is a Worke of Assistance and that that I cannot master by mine owne Forces and Penne J haue laid it aside Now hauing in the Worke of my Instauration had in contemplation the generall Good of Men in their very Being and the Dowries of Nature And in my Worke of Lawes the generall good of Men likewise in Society and the Dowries of Gouernment I thought in duty I owed somewhat vnto mine owne Country which J euer loued Jnsomuch as although my Place hath beene farre aboue my desert yet my Thoughts and Cares concerning the Good thereof were beyond and ouer and aboue my place So now being as I am no more able to doe my Countrey Seruice it remained vnto me to doe it Honour Which J haue endeuoured to doe in my VVorke of the Raigne of King HENRY the Seuenth As for my Essayes and some other Particulars of that nature I count them but as the Recreations of my other Studies and in that sort purpose to continue them Though J am not ignorant that those kind of VVritings would with lesse paines and embracement perhaps yeeld more Lustre and Reputation to my Name than those other which I haue in hand But J account the Vse that a Man should seeke of the publishing of his owne VVritings before his Death to be but an vntimely Anticipation of that which is proper to follow a Man and not to goe along with him But reuoluing with my selfe my Writings as well those which I haue published as those which I had in hand me thought they went all into the City and none into the Temple Where because I haue found so great Consolation J desire likewise to make some poore Oblation Therefore J haue chosen an Argument mixt of Religious and Ciuill Considerations And likewise mixt between Contemplatiue and Actiue For who can tell whether there may not be an Exoriere aliquis Great Matters especially if they be Religious haue many times small beginnings And the Platforme may draw on the Building This Worke because I was euer an Enemy to flattring Dedications I haue dedicated to your Lordship Jn respect of our ancient and priuate Acquaintance And because amongst the Men of our Times I hold you in especiall Reuerence Your Lordships louing Friend Fr. St. ALBAN AN ADVERTISEMENT TOVCHING AN HOLY WARRE The Persons that speake EVSEBIVS GAMALIEL ZEBEDAEVS MARTIVS EVPOLIS POLLIO THere met at Paris Characters of the Persons E sebius beareth the Character of a Moderate Diuine Gamaliel of a Protestant Zelant Zebedaeus of a Romish Catholike Zelant Martius of a Militar Man Eupolis of a Politique Pollio of a Courtier in the house of Eupolis Eusebius Zebedaeus Gamaliel Martius All Persons of eminent Qualitie but of seuerall Dispositions Eupolis himselfe was also present And while they were set in conference Pollio came in to them from Court And as soone as he saw them after his witty and pleasant manner he said said POLLIO Here be Foure of you I thinke were able to make a good World For you are as differing as the Foure Elements and yet you are Friends As for Eupolis because he is Temperate and without Passion hee may bee the Fifth Essence EVPOLIS If we fiue Pollio make the Great World you alone may make the Little Because you professe and practise both to referre all Things to your Selfe POLLIO And what doe they that practise it and professe it not EVPOLIS They are the lesse Hardy and the more Dangerous But come and fit downe with vs for we were speaking of the Affaires of Christendome at this day Wherein we would be glad also to haue your Opinion POLLIO My Lords I haue iourneyed this Morning and it is now the Heat of the Day Therefore your Lordships Discourses had need content my Eares very well to make them entreat mine Eyes to keepe open But yet if you will giue mee leaue to awake you when I thinke your Discourses doe but sleepe I will keepe watch the best I can EVPOLIS You cannot doe vs a greater Fauour Onely I feare you will thinke all our Discourses to be but the better sort of Dreames For good wishes without power to effect are not much more But Sir when you came in Martius had both raised our Attentions and affected vs with some Speech he had begunne And it falleth out well to shake off your Drowsinesse for it seemed to be the Trumpet of a Warre And therefore Martius if it please you to begin againe For the Speech was such as deserueth to be heard twice And I assure you your Auditory is not a little amended by the presence of Pollio MARTIVS When you came in Pollio I was saying freely to these Lords that I had obserued how by the space now of halfe a Century of yeares there had beene if I may speak it a Kind of Meannesse in the Designes Enterprises of Christendome Warres with Subiects Like an angry Sute for a Man