for the Nobility Touching the Oppression of the People he mentioneth four points 1. The Conâ—umption of People in the Wars 2. The Interruption of Traffick 3. The Corruption of Iustice. 4. The Multitude of Taxations Unto all which points there needeth no long Speech For the first thanks be to God the Benediction of Crescite and Multiplicamini is not so weak upon this Realm of â—ngland but The Population thereof may afford such Losse of Men as were sufficient for the Making our late Wars and were in a perpetuity without being seen either in City or Countrey We â—ead that when the Romans did take Cense of their People whereby the Citizens were numbred by the Poll in the beginning of a great War and afterwards again at the ending there sometimes wanted a Third Part of the Number But let our Muster Books be perused those I say that certifie the Number of all Fighting Men in every Shire of vicesimo of the Queen At what time except a Handfull of Souldiers in the Low Countries we expended no Men in the VVars And now again at this present time there will appear small Diminution There be many Tokens in this Realm rather of Presse and Surcharge of People then of Want and Depopulation which were before recited Besides it is a better Condition of Inward Peace to be accompanied with some Exercise of no Dangerous Warr in Forrain parts then to be utterly without Apprentisage of Warr whereby People grow Effeminate and unpractised when Occasion shall be And it is no small strength unto the Realm that in these Warrs of Exercise and not of Perill so many of our People are trained And so many of our Nobility and Gentlemen have been made Excellent Leaders both by Sea and Land As for that he objecteth we have no Provision for Souldiers at their Return Though that Point hath not been altogether neglected yet I wish with all my Heart that it were more Ample then it is Though I have read and heard that in all Estates upon Casheering and Disbanding of Souldiers many have endured Necessity For the Stopping of Traffique as I referred my Self to the Muster-Books for the First So I refer my Self to the Custome-Books upon this which will not lye And do make Demonstration of no Abatement at all in these last years but rather of Rising and Encrease We know of many in London and other places that are within a small time greatly come up and made Rich by Merchandizing And a Man may speak within his Compasse and affirm That our Prizes by Sea have countervailed any Prizes upon us And as to the Iustice of this Realm it is true that Cunning and Wealâ—h have bred many Sutes and Debates in Law But let those Points be considered The Integrity and Sufficiency of those which supply the Iudiciall places in the Queens Courts The good Laweâ— that have been made in her Majesties time against Informers and Promoters And for the bettering of Trialls The Example of Severity which is used in the Star-chamber in oppressing Forces and Fraâ—des The Diligence and Stoutness that is used by Iustices of Assises in Encountring all Countenancing and Bearing of Causes in the Countrey by their Authorities and Wisedome The great Favours that have been used towards Coppy-holders and Customary Tenants which were in ancient times meerly at the Discretion and Mercy of the Lord And are now continually relieved from hard Dealing in Chancery and other Courts of Equity I say let these and many other Points be considered and Men will worthily conceive an Honourable Opinion of the Iustice of England Now to the Points of Levies and Distributions of Money which he calleth Exactions First very coldly he is not abashed to bring in the Gathering for Paules Steeple and the Lottery Trifles Whereof the former being but a Voluntary Collection of that Men were freely disposed to give never grew to so great a Sum as was sufficient to finish the Work for which it was appointed And so I imagine it was converted into some other use like to that Gathering which was for the Fortifications of Paris save that the Gathering for Paris came to a much greater though as I have heard no competent Sum. And for the Lottery it was but a Novelty devised and followed by some particular persons and onely allowed by the State being as a Gain of Hazzard Wherein if any Gain was it was because many Men thought Scorn after they had fallen from their greater hopes to fetch their odd Money Then he mentioneth Loanes and Privy Seales Wherein he sheweth great Ignorance and Indiscretion considering the Payments back again have been very Good and Certain And much for her Majesties Honour Indeed in other Princes Times it was not wont to be so And therefore though the Name be not so pleasant yet the Vse of them in our Times have been with small Grievance He reckoneth also new Customes upon Cloathes and new Impost upon Wines In that of Cloathes he is deceived For the ancient Rate of Custome upon Cloathes was not raised by her Majesty but by Queen Mary a Catholique Queen And hath been commonly continued by her Majesty Except he mean the Computation of the odd yards which in strict Duty was ever answerable Though the Error were but lately looked into or rather the Tolleration taken away And to that of Wines being a Forrain Merchandize and but a Delicacy and of those which might be forborn there hath been some Encrease of Imposition which can rather make the Price of Wine Higher â—hen the Merchant poorer Lastly touching the Number of Subsidies it is true that her Majesty in respect of her great Charges of her Warrs both by Sea and Land against such a Lord of Treasure as is the King of Spain Having for her part no Indies nor Mines And the Revenues of the Crown of England being such as they lesse grate upon the People then the Revenues of any Crown or State in Europe Hath by the Assent of Parliament according to the ancient Customes of this Realm received divers Subsidies of her People which as they have been employed upon the Defence and preservation of the Subject Not upon Excessive Buildings nor upon Immoderate Donatives Nor upon Triumphs and Pleasures Or any the like veines of Dissipation of Treasure which have been Familiar to many Kings So have they been yielded with great good will and cheerfulness As may appear by other kinds of Benevolence presented to her likewise in Parliament which her Majesty neverthelesse hath not put in Ure They have been Taxed also and Asseissed with a very Light and Gentle Hand And they have been spared as much as may be As may appear in that her Majesty now twice to spare the Subject hath sold of her own Lands But he that shall look into other Countries and conâ—ider the Taxes and Tallages and Impositions and Assises and the like that are every where in use Will find that the English Man is the most
Baron of Verulam Viscount Saint Alban LONDON Printed by Sarah Griffin for William Lee and are to be sold at his Shop in Fleetstreet at the sign of the Turks-head neer the Mitre Tavern 1657. A SPEECH IN PARLIAMENT Elizabeth 39. UPON THE MOTION of SVBSIDY AND please you Mr. Speaker I must consider the Time which is spent yet so as I must consider also the Matter which is great This great Cause was at the first so materially and weightily propounded And after in such sort perswaded and enforced And by Him that last spake so much time taken and yet to good purpose As I shall speak at a great disadvantage But because it hath been alwayes used and the Mixture of this House doth so require it That in Causes of this Nature there be some Speech and Opinion as well from persons of Generallity as by persons of Authority I will say somewhat and not much wherein iâ— shall not be fit for me to enter into or to insist upon secrets either of her Majestiesâ—offers â—offers or of her Councell but my Speech must be of a more vulgar Nature I will not enter Mr. Speaker into a laudative Speech of â—he high and singular Benefits which by her Majesties most politick and happy Government we receive thereby to incite you to a Retribution partly because no breath of Man can set them forth worthily and partly because I know hâ—r Maâ—esty in her Magnanimity doth bestow her benefits like her fâ—ee'st Pattents absque aliquo inde reddendo Not looking for any thing again iâ— it were in respect only of her particular but Love and Loyalty Neither will I now aâ— this time put the case of this Realm of England too precisely How it standeth with the Subject in point of payments to the Crown Though I could make it appear by Dâ—monstration what opinion soever be conceivâ—d that never Subjects were partakers of greater Freedome and Ease And that whether you look abroad into other Countries at this present timeâ— or look back to former Times in this our own Countrey we shall find an exceeding Difference in matter â—f Taxes which now I reserve to mention not so much in doubt to acquaint your Ears with Forrain Sâ—rains or to digge up the Sepulâ—hers â—f Buried and Forgotten Impositions which in this case as by way of Comparison it is necessary you understand But because Speech in the House is â—it to perswade the generall point And particularity is more proper and seasonable for the Commâ—ttee Neither will I make any Observations upon her Majesâ—ies manner of expending and issuing Treasure being not upon â—xcâ—ssive and exoâ—bitant Donatives nor upon sumptuous and unnecessary Triuâ—phâ— Buildings or like Magnificence but upon the Preservation Protection and Honâ—ur of the Realm For I dare noâ— scan upâ—n heâ— Majesties Aâ—â—ion whâ—ch it becomemeth me rather to admire in silence then to gloss or discourse upon them though with never so good a meaning Sure I am â—hat the Treasure that commeth from you to hâ—r Majesâ—y is but as a Vapour which â—iseth from the Earth and gatherâ—th into a Cloud and stayeth not there long but upon the same Earth it falleth again and what if some drops of this do fall upon â—rance or Flaunders It is like a sweet Odour of Honour and Reputation to our Nation throughout the World But I will onely insist upon the Naturall and Inviolate Law of Preservation It is a Truth Mr. Speaker and a familiar Truth that safety and preservation is to be preferred before Benefit or Encrease In as much as those Counsels which tend to preservation seem to be attended with necessity whereas those Deliberations which tend to Benefit seem onely accompanied with perswasion And it is ever gain and no loss when at the foot of he account theâ—e remains the purchase of safety The Prints of this are every where to be found The Patient will ever part with some of his Bloud to save and clear the rest The Sea-faring Man will in a Storm cast over some of his Goods to save and assure the rest The Husband-man will afford some Foot of Ground for his Hedge and Ditch to fortifie and defend the rest Why Mr. Speaker the Disputer will if he be wise and cunning grant somewhat that seemeth to make against him because he will keep himself within the strength of his opinion and the better maintain the rest But this Place advertiseth me not to handle the Matter in a Common Place I will now deliver unto you that which upon a probatum est hath wrought upon my self knowing your Affections to be like mine own There hath fallen out since the last Parliament four Accidents or Ocurrents of State Things published and known to you all by every one whereof it seemeth to me in my vulgar understanding that the danger of this Realm is encreased Which I speak not by way of apprehending fear For I know I speak to English Courages But by way of pressing Provision For I do find Mr. Speaker that when Kingdomes and States are entred into Tearms and Resolutions of Hostility one against the other yet they are many times restrained from their Attempts by four Impediments The first is by this same Aliud agere when they have their Hands full of other Matters which they have embraced and serveth for a diversion of their Hostile purposes The next is when they want the Commodity or opportunity of some places of near Approach The third when they have conceived an apprehension of the Difficulty and churlishness of the enterprise and that it is not prepared to their Hand And the fourth is when a State through the Age of the Monarch groweth heavy and indisposed to actions of great Perill and Motion and this dull Humour is not sharpened nor inflamed by any provocations or scorns Now if it please you to examin whither by removing the Impediments in these four kinds the Danger be not grown so many degrees nearer us by accidents as I said fresh and all dated since the last Parliament Soon after the last Parliament you may be pleased to remember how the French King revolted from his Religion whereby every Man of common understanding may infer that the Quarrell between France and Spain is more reconcileable And a greater inclination of affairs to a peace than before which supposed it followeth Spain shall be more free to intend his Malice against this Realm Since the last Parliament it is also notorious in every mans knowledge and remembrance That the Spaniards have possessed themselves of that Avenue and place of approach for England which was never in the Hands of any King of Spain before And that is Callais which in true Reason and Consideration of estate of what value or service it is I know not but in common understanding it is a knocking at our Doors Since the last Parliament also that Ulcer of Ireland which indeed brake forth before hath run on and raged more which cannot but be a great
Attractive to the Ambition of the Couucel of Spain who by former experience know of how tough a Complexion this Realm of England is to be asâ—ailed And therefore as Rheumes and Fluxes of Humours is like to resort to that part which is weak and distempered And lastly it is famous now and so will be many Ages hence how by these two Sea-Journey's we have braved him and objected him to scorn so that no Bloud can be so frozen or mortified But must needs take Flames of Revenge upon so mighty Disgrace So as this Concurrence of Occurents all since our last Assembly some to deliver and free our enemies some to advance and bring him on his way some to tempt and allure him some to spur on and provoke him cannot but threaten an encrease of our Perill in great Proportion Lastly Mr. Speaker I will but reduce to the Memory of this House one other Argument for ample and large providing and supplying Treasure And this it is I see Men do with great Alacrity and Spirit proceed when they have obtained a course they long wished for and were restrained from My self can remember both in this Honourable â—ssembly and in all other places of this Realm how forward and affectionate men were to have an Invasive War Then we would say A Defensive War was like eating and consuming Interest And needs we would be Adventurers and Assailants Habes quod totâ mente petisti Shall we not now make it good especially when we have tasted so prosperous Fruit of our Desires The first of these Expeditions Invasive was atchieved with great Felicity ravished a strong and famous Port in the Lap and Bosome of their high Countries Brought them to such Despair as they fired themselves and their Indian Fleet in Sacrifice as a good Odour unto God for the great and Barbarous Cruelties which they have committed upon the poor Indians whither that Fleet was sayling Disordred their Reckonings so as the next News we heard of was nothing but protesting of Bills and Breaking credit The second Journey was with notable Resolution born up against Weather and all Difficulties And besides the success in amusing him and putting him to infinite charge sure I am it was like a Tartars or Parthians Bow which shooteth backward And had a most strong and violent effect and Operation both in France and Flaunders so that our Neighbours and Confederates have reaped the Harvest of it And while the Life Bloud of Spain went inward to the Heart the outward Limmes and Members trembled and could not resist And lastly we have a perfect account of all the Noble and good Bloud that was carried forth And of all our Sea-walls and good Shipping without Mortality of Persons wreck of Vessels or any manner of Diminution And these have been the happy Effects of our so long and so much desired Invasive War To conclude Mr. Speaker therefore I doubt not but every Man will consent that our Gift must bear these two Marks and Badges The one of the Danger of the Realm by so great a Proportion since the last Parliament encreased The other of the satisfaction we receive in having obtained our so earnest and ardent Desire of an Invasive War A Speech made by Sir FRANCIS BACON Knight chosen by the Commons to present a Petition touching Purveyors delivered to his Majesty in the with-drawing Chamber at White-Hall in the Parliament held â—o. 2o. Iacobi the first Session IT is well known to your Majesty excellent King that the Emperours of Rome for their better Glory and Ornament did use in their Titles the Additions of the Countries and Nations where they had obtained victories As Germanicus Britannicus the like But after all those Names as in the higher place followed the Name of Pater Patriae as the greatest Name of all human Honour immediatly preceding that Name of Augustus whereby they took themselves to expresse some Affinity that they had in respect of their Office with Divine Honour Your Majesty mought with good reason assume to your self many of those other Names As Germanicus Saxonicus Britannicus Francicus Danicus Gothicus and others as appertaining to you Not by Bloud-shed as they bare them but by Bloud your Majesties Royall Person being a noble confluence of streams and veynes wherein the Royall Bloud of many Kingdoms of Europe are met and united But no Name is more worthy of you nor may more truly be ascribed unto you then that Name of Father of your people which you bear and express not in the Formality of your stile but in the reall Course of your Government We ought not to say unto you as was said to Caesar Iulius Quae miremur habemus quaelaudemus expectamus That we have already wherefore to admire you And that now we expect somewhat for which to commend you For we may without suspicion of Flattery acknowledge that we have found in your Majesty great Cause both of Admiration and Commendation For great is the Admiration wherewith you have possessed us since this Parliament began in those two Causes wherein we have had accesse unto you and heard your Voice That of the return of Sr. Francis Goodwine And that of the Union Whereby it seemeth unto us The one of these being so subtile a Question of Law And the other so high a Cause of Estate That as the â—cripture â—aith of the wisest King That his Heart was as the Sands of the Sea which though it be one of the largest and vastest Bodies yet it consisteth of the smallest Moates and Portions So I say it appeareth unto us in these two examples that God hath given your Majesty a rare sufficiency both to compasse and fathome the greatest matters and to discern the least And for matter of Praise and Commendation which chiefly belongeth to Goodness we cannot but with great thankfulness profess That your Majesty within the Circle of one Year of your Raign infra Orbem Anni Vertentis hath endeavoured to unite your Church which was divided To supply your Nobility which was diminished And to ease your People in Cases where they were burthened and oppressed In the last of these your high Merits That is the Ease and Comfort of your People Doth fall out to be comprehended the Message which I now bring unto your Majestie concerning the great Grievance arising by the manifold Abuses of â—urveyors Differing in some Degree from most of the things wherein we deale and consult For it is true that the Knights Citizens and â—urgesses in Parliament assembled are a Representative Body of your Commons and Third Estate And in many matters although we apply our selves to perform the trust of those that choose us yet it may be we do speak much out of our own Senses and Discourses But in this Grievance being of that Nature whereunto the poor People is most exposed and Men of Quality less we shall most humbly desire your Majesty to conceive That your Majesty doth not hear our Opinions
and Banks Some Things that were conceived to be in some Proclamations Commissions and Pattents as Overflowes have been by his Wisedom and Care reduced whereby no doubt the Main Channell of his Prerogative is so much the stronger For evermore Overflowes do hurt the Channell As for Administration of Iustice between Party and Party I pray observe these points There is no Newes of Great Seal or Signet that flies abroad for Countenance or Delay of Causes Protections rarely granted and only upon great Ground or by Consent My Lords here of the Councell and the King himself meddle not as hath been used in former times with Matters of Meum and Tuum except they have apparent mixture with Matters of Estate but leave them to the Kings Courts of Law or Equity And for Mercy and Grace without which there is no standing before Iustice we see the King now hath raigned 12. years in his White Robe without almost any Aspâ—rsionâ— of the Crimsâ—n Die of â—lood There sits my Lord Hobâ—rt â—hat served Atâ—urney seven years I served with him We were so happy as there passed not through our hands any one Arraignment for Treason And but one for any Capitall Offence which was that of the Lord Sanquier The Noblest piece of Iustice one of them that ever came â—orth in any Kings Times As for Penall Lawes which lie as Snares upon the Subjects And which were as a Nemo seit to King Henry 7. It yeelds a Revenue that will scarce pay for the Parchment of the Kings Records at Wâ—stminster And lastly for Peace we see manifestly his Majesty bears some Resemblance of that great Name A Prince of Peace He haâ—h preserved his Subjects during his Raign in Peace both within and wiâ—hout For the Peace with States abroad We have it usque ad Satietatem And for Peace in the Lawyers phrase which count Trespasses and Forces and Riots to be Contra pacem Leâ— me give your Lordships this Token or Tast That this Court where they should appear had never lesse to do And certainly there is no better Sign of Omnia benè then when this Court is in a Still But my Lords this is a Sea of Matter And therefore I must give it over and conclude That there was never King raigned in this Nation that did better keep Covenant in preserving the Liberties and procuring the Good of his People So that I must needs say for the Subjects of England O Fortunatos nimium sua si bona nôrint As no doubt they do both know and acknowledge it Whatsoever a few turbulent Discoursers may through the Lenity of the time take Boldness to speak And as for this particular touching the Benevolence wherein Mr. I.S. doth assign this breach of Covenant I leave it to others to tell you what the King may do Or what other Kings have done But I have told you what our King and my Lords have done Which I say and say again is so far from introducing a new President As it doth rather correct and mollifie and qualifie former presidents Now Mr. I. S. let me tell you your fault in few words For that I am perswaded you see it already Though I wooe no Mans Repentance But I shall as much as in me is cherish it where I find it Your Offence hath three parts knit together Your Slander Your Menace and Your Comparison For your Slander it is no lesse then that the King is perjured in his Coronation Oath No greater Offence then Perjury No greater Oath then that of a Coronation I leave it It is too great to aggravate Your Menace that if there were a Bulling-broke or I cannot tell what there were Matter for him is a very seditious Passage You know well that howsoever Henry the fourths Act by a secret Providence of God prevailed yet it was but an Vsurpation And if it were possible for such a one to be this day wherewith it seemes your Dreames are troubled I do not doubt his End would be upon the Block And that he would sooner have the Ravens sit upon his Head at London Bridge then the Crown at Westminster And it is not your interlacing of your God forbid that will salve these seditious Speeches Neither could it be a Fore-warning because the Matter was past and not revocable But a very Stirring up and Incensing of the People If I should say to you for Example if these times were like some former times of King H. 8 Or some other times which God forbid Mr. I. S it would cost you your life I am sure you would not think this to be a gentle warning but rather that I incensed the Court against you And for your Comparison with R. the 2. I see you follow the Example of them that brought him upon the Stage and into Print in Queen Elizabeths time A most prudent and admirable Queen But let me entreat you that when â—ou will speak of Queen Elizabeth or King Iames you would compare them to K. H. the 7th or K. Ed. 1. Or some other Paralels to which they are like And this I would wish both you and all to take heed of How you speak seditious Matterâ— in Parables or by Tropes or Examples There is a thing in an Indictment called an Innuendo You must beware how you becken or make Signs upon the King in a Dangerous sense But I will contain my self and Press this no further I may hold you for Turbulent or Presumptuous but I hope you are not Disloyall You are graciously and mercifully dealt with And therefore having now oâ—ened to my Lords and as I think to your own Heart and Conscience the principall part of your Offence which concerns the King I leave the rest which concerns the Law Parliament and the Subjects that have given to Mr. Serjeants and Mr. Sollicitour The Charge of Owen indicted of High Treason in the Kings Bench by Sir Francis Bacon Knight his Majesties Atturney Generall THe Treason wherewiâ—h this Man standeth Charged is for the Kind and Nature of it Ancient As Ancient as there is any Law of England But in the particular Late and Upstart And again in the Manner and Boldness of the present Case New and almost unheard of till this Man Of what mind he is now I know not but I take him as he was and as he standeth charged For High Treason is not written in Ice That when the Body relenteth the Impression should go away In this Cause the Evidence it self will spend little Time Time therefore will be best spent in opening fully the Nature of thiâ— Treason with the Circumstances thereof Because the Example is more then the Man I think good therefore by way of Inducement and Declaration in this Cause to open unto the Court Iury and Hearers five Things The first is the Clemency of the King Because it is Newes and a kind of Rarety to have a proceeding in this place upon Treason And perhaps it may be marvelled by some why after
Seal and against the Consumption of the Means and estate which was speedy Iustice. Bis dat qui citò dat The fourth was that Iustice might passe with as easie charge as mought be And that those same Brambles that grow about Iustice of needlesse Charge and Expence And all manner of Exactions mought be rooted out so far as mought be These Commandements my Lords are Righteous And as I may term them Sacred And therefore to use a Sacred Form I pray God blesse the King for his great care over the Iustice of the Land And give me his poor Servant Grace and Power to observe his Precepts Now for a Beginning towards it I have set down and applied particular Orders to every one of these four Generall Heads For the Excesse or Tumour of this Court of Chancery I shall divide it into five Natures The first is when the Court doth embrace or retain Causes both in Matter and Circumstance meerly Determinable and Fit for the Common Law For my Lords the Chancery is ordained to supply the Law and not to subvert the Law Now to describe unto you or delineate what those Causes are and upon what differences that are fit for the Court were too long a Lecture But I will tell you what Remedy I have prepared I will keep the Keyes of the Court my self and I will never refer any Demurrer or Plea tending to discharge or dismisse the Court of the Cause to any Mr. of the Chancery But judge oâ— itâ— my self or at least the Mr. of the Rowles Nay further I will appoint regularly that on the Tuesday in every week which is the Day of Orders first to hear all Motions of that Nature before any other That the Subject may have his Vale at first without further attending And that the Court do not keep and accumulate a Miscellany and Confusion of Causes of all Natures The sâ—cond Point concerneth the time of the Complaint And the late Commers into the Chancery which stay till a Iudgement be passed against them at the Common Law and then complain Wherein your Lorships may have heard a great Ratâ—le and a Noyse of a Premunire and I cannot tell what But that Question the King hath setled according to the ancient presidentâ— in all times continued And this I will say that the Opinion not to relieve any Case afâ—er Iudgement would be a guilty Opinion Guilty of the Ruine and Naufrage and perishing of infinite Subjects And as the King found it well out why should a Man fly into the Chancery before he be Hurt The whole need not the Physician but the sick But My Lords the Power would be preserved but then the Practise would be moderate My Rule shall be therefore that in Case of Complaints after Iudgement except the Iudgements be upon Nihil dicit which are but Disguises of â—udgement Obtained in Contempt of a preceding Order of this Court yea and after Verdicts also I will have the Party Complainant enter into good Boâ—d to prove his Suggestion So that if he will be relieved against a Iudgement at Common Law upon Matter of Equity He shall do it Tanquam in Vinculis at his Perill The Third Point of Excesse may be the over Frequent and Facile Granting of Injunctions for the staying of the Common Lawes Or the Altering Possessions wherein these shall be my Rules I will grant no Injunction mereely upon Priority of suit That is to say Because this Court was first possessed A Thing that was well reformed in the late Lord Chancellers time but used in Chanceller Broomeleyes time Insomuch as I remember that Mr. Dalton the Councellor at Law put a Pasquill upon the Coâ—rt in Nature of a Bill For seeing it was no more but My Lord the Bill came in on Munday and the Arrest at Common Law was on Tuesday I pray the Injunction upon Priority of Suite He caused his Clâ—ent that had a Loose Debteâ— to put a Bill into the Chancery bâ—forâ— the Bond due to him was forfeited to desire an Order that he might have his Money at the Day Because he would be sure to be before the other I do not mean to make it a Matter of an Horse-Race or Poasting who shall be first in Chancery or in Courts of Law Neither will I grant an Injunction upon Matâ—er conâ—ained in the Bill only be it never so smooth and Specious But upon Matter confessed in the Defendants Answer Or Matter pregnant in Writing or of Record Or upon Contempt of the Defendant in not Appearing or not Answering or Trifling with the Court by insufficient Answering For then it may be thought the Defendant stands out upon purpose to get the start at the Common Law And so take Advantage of his own Contempt which may not be suffered As for Injunctions for possession I shall maintaine possessions as they were at the time of the Bill exhibited And for the space of a year before Except the possession were gotten by Force or by any Trick Neither will I alter Possession upon Interlocutory Orders untill a Decree Except upon Matter plainly confessed in the Defendants Answer joyned with a plain Disability and Insolvency of the Defendants to answer the Profits As for taking the Possession away in respect of Contempts I will have all the proceedings of the Court spent first and a Sequestration of the Profits before I come to an Injunction The Fourth Part of Excesse is concerning the Communicating of the Authority of the Chanceller too far And making upâ—n the matter too many Chancellors by relying too much upon Reports of the Masters of the Chancery as concludent I know my Lords the Masters of the Chancery are Reverend Men And the great Mass of Businesse of the Court cannot be sped without them And it is a Thing the Chanceller may soon fall into for his own Ease to rely too much upon them But the Course that I will take generally shall be this That I will make no Binding Order upon any report of the Masters without giving a seven nights day at the least to shew cause against the Report which nevertheless I will have done modestly with due reverence towards them And again I must utterly discontinue the Making of an Hypotheticall or Conditionall Order That if a Master of the Chancery do certifie thus that then it is Ordered without further Motion For that is a Surprise and gives no time for Contradiction The last Point of Excesse is If a Chanceller shall be so much of himself as he should neglect Assistance of Reverend Iudges in Cases of Difficulty especially if they touch upon Law or Calling them shall do it but Pro formâ tantùm and give no due respect to their Opinions Wherein my Lords preserving the Dignity and Majesty of the Court which I count rather increased then diminished by grave and due Assistance I shall never be found so Soveraign or abundant in mine own sense but I shall both desire and make true use of
as was said to do some service to Don Antonio But in truth to continue Lopez Negotiation and Intelligences with the King of Spain which he handled so well as at his Return hither for the comforting of the said Lopez he brought to him from the King besides thanks and words of encouragement and an Abrazo which is the Complement of Favour a very good Jewell garnished with sundry stones of good value This Jewell when Lopez had accepted he cunningly cast with himself That if he should offer it to her Majesty first He was assured she would not take it Next that thereby he should lay her asleep and make her Secure of him for greater Matters According to the saying Fraus sibi fidem in parvis praestruit ut in magnis opprimat which accordingly he did with Protestations of his Fidelity And her Majesty as a Princesse of Magnanimity not apt to fear or suspicion returned it to him with Gracious words After Lopez had thus abused her Majesty and had these Trialls of the Fidelity of Andrada they fell in conference the matter being first moved by Andrada as he that came freshly out of Spain touching the empoysoning of the Queen Which Lopez who saw that Matter of Intelligence without some such particular service would draw no great Reward from the King oâ— Spain such as a Man that was not Needy but wealthy as hâ— was coulâ— find any Tast in assented unto And to that purpose procured again this Andrada to be sent over As well to â—dvertise and asâ—ure this Matter to the King of Spain and hiâ— Ministers Namely to the Count de Fuentes Assistant to the Generall of the King of Spains Forces in the Low Countries as also to capitulate and â—ontract with him about the Certainty of hiâ— Rewardâ— Andrada having received those Instructions and beâ—ing furnished with money by Lopez procurement from Don Antonio about whose service his Employment was believed to be Went over to Calais Where he remained to be near unto England and Flandeâ—s Having a Boy that ordinarily passed to and fro between him and Lopez By whom he did also the better to colour his Employment write to Lopez Intelligence as it was agreed he should between him and Lopez Whâ— bad him send such Nâ—ws as he should take up in the Streets From Calais he writeth to Count de Fuentes of Lopez Promise and Demands Upon the Receipt of which Letters after some Time taken to advertise this Proposition into Spain And to receive direction thereupon The Count de Fuentes associated with Stâ—â—phano Ibarra Secretary of the Councell of the Wars in the Low Countries calleth to â—im one Manuel Louys Tinoco a Portugese who had also followed King Antonio and of whose good Devotion he had had Experience in that he had conveyed unto him two severall Packets wherewith he was trusted by the King Antonio for France Of this Louys they first received a Corporall Oath wiâ—h solemn Ceremony taking his Hands between their Hands that he should keep secret that which should be imparted to him And never reveal the same though he should be apprehended and questioned here This done they acquâ—int him with the Letters of Andrada with whom they charge him to conferre at Calais in his way and to passe to Lopez into England Addressing him further to Stephano Ferrera de Gama And signifying unto the said Lopez withall as from the King that he gave no great credence to Andrada as a person too sleight to be usâ—d in a Cause of so great weight And therefore marvelled much that he heard nothing from Ferrera of this Matter From whom he had in former time been advertised in generality of Lopez good affection to do him service This Ferrera had been sometimes a Man of great Livelyhood and wealth in Portugall which he did forego in adhering to Don Antonio And appeareth to be a Man of a Capacity and practise But hath some years since been secretly won to the service of the King of Spain not travelling neverthelesse too and fro but residing as his Leiger in England Manuel Louys dispatched with these Instructions and with all affectionate commendations from the Count to Lopez And with Letters to Ferrera Took his Journey first to Calais where he conferred with Andrada Of whom receiving more ample Information together with a short Ticket of Credence to Lopez that he was a Person whom he mought trust without scruple came over into England And first repaired to Ferrera and acquainted him with the State of the Businesse who had before that time given some Light unto Lopez that he was not a stranger unto the Practise between him and Andrada wherewith indeed Andrada had in a sort acquainted him And now upon this new Dispatch and Knowledge given to Lopez of the choise of Ferrera to continue that which Andrada had begun He to conform himself the better to the satisfaction of the King of Spain and his Ministers abroad was content more fully to communicate with Ferrera with whom from that time forward he meant singly and apertly to deal And therefore cunningly forbare to speak with Manuel Louys himself but concluded that Ferrera should be his only â—runk and all his Dealings should pass through his Hands thinking thereby to have gone Invisible Whereupon he cast with Himself that it was not safe to use the Mediation of Manuel Louys who had been made privy to the matter as some base carrier of Letters which Letters also should be written in a Cyphar Not of Alphabet but of Words Such as mought if they were opened import no vehement suspicion And therefore Manuel Louys was sent back with a short Answerâ— And Lopez purveied himself of a base Fellow a â—ortugeze called Gomes d' Avila dwelling hard by Lopez House â—o convey his Letters After this Messenger provided it was agreed between Lopez and Ferrera that Letters should be sent to the Count de Fuentes and Secretary Iuarra written and signed by Ferrera â—or Lopez cautelously did forbear to write himself but directed and indeed dictated word by word by Lopez himself The Contents thereof were That Lopez was ready to execute that Service to the King which before had been treated but required for his Recompence the sum of 50000. Crowns and assurance for the same These Letters were written obscurely as was touched in Termes of Merchandise To which Obscurity when Ferrera excepted Lopez answered They knew his meaning by that which â—ad passed before Ferrera wrote also to Manuel Louys but charged this Gomez to deliver the same Letters unto him in the presence of Iuarra As also the Letter to Iuarra in the presence of Manuel Louys And these Letters were delivered to Gomez d' Avila to be carried to Bruxells And a Pasport procured and his charges defrayed by Lopez And Ferrera the more to approve his Industry writ Letters two severall times The one conveyed by Emanuel Palacios with the privity of Lopez to Christofero Moro a principall Counseller of the King of
decayed To your Princely Iudgement then I do in all Humblenesse submit whatsoever I shall propound offering the same but as a Miteâ— into the Treasury of your Wisedom For as the Astronomers do well observe That when three of the Superior Lights do meet in Conjunction it bringeth forth some admirable Effects So there being joyned in your Majesty the Light of Nature the Light of Learning and above all the Light of Gods Holy Spirit It cannot be but your Government must be as a Happy Constellation over the states of your Kingdomes Neither is there wanting to your Majesty that Fourth Light which though it be but a borrowed Lâ—ght yet is of singular Eâ—ficacy and Moment added to the rest which is the Light of a most wise and well compounded Councell To whose Honourable and Grave Wisdomes I do likewse submit whatsoever I shall speak Hoping that I shall not need to make Protestation of my Mind and Opinion That untill your Majesty doth otherwise determine and order all Actuall and Full Obedience is to be given to Ecclesiasticall Iurisdicton as it now standeth And when your Majesty hath determined and ordered that every good subject ought to rest satisfied and apply his Obedience to your Majesties Lawes Ordinances and Royall Commandements Nor of the Dislike I have of all Immodest Bitternesse peremptory presumption Popular handling And other Courses tending rather to Rumour and Impression in the vulgar Sort then to likely-hood of Effect joyned with Observation of Duty But before I enter into the Points controverted I think good to remove if it may be two Opinions which do directly confront and oppone to Reformation The one bringing it to a Nullity And the other to an Impossibility The First is That it is against good Policy to innovate any â—hing in Church Matters The other That all Reformation must be after one Platform For the First of these it is excellently said by the Prophet State super vias antiquas videte quaenam sit via recta vera ambulate in eâ So as he doth not say State super vias antiquas ambulate in eis For it true that with all VVise and Moderate Persons Custom and Vsage obtaineth that Reverence as it is sufficient Matter to move them to make a stand and to discover and take a View But it is no warrant to guide and conduct them A just Ground I say it is of Deliberation but not of Direction But on the other side who knoweth not that Time is truly compared to a Stream that carrieth down fresh and pure Waters into that salt Sea of Corruption which invironeth all Human Actions And therefore if Man shall not by his Industry Vertue and Policy as it were with the Oare row against the Stream and inclination of Time All Institutions and Ordinances be they never so pure will corrupt and degenerate But not to handle this matter Common-place like I would only ask why the Civill State should be purged and restored by Good and Wholesome Lawes made every Third or Fourth year in Parliament assembled Devising Remedies as fast as Time breedeth Mischief And contrariwise the Ecclesiasticall State should still continue upon the Dreggs of Time and receive no Alteration now for this Five and Forty years and more If any Man shall object that if the like Intermission had been used in Civil Causes also the Errour had not been great Surely the Wisedome of the Kingdome hath been otherwise in Experience for Three Hundred years space at the least But if it be said to me that there is a Difference between Civill Causes and Ecclesiasticall they may as well tell me that Churches and Chappels need no Reparations though Castles and Houses do Whereas commonly to speak truth Dilapidations of the Inward and Spirituall Edifications of the Church of God are in all times as great as the Outward and Materiall Sure I am that the very word and Stile of Reformation used by our Saviour Ab initio non fuit sic was applyed to Church Matters And those of the highest Nature concerning the Law Morall Neverthelesse He were both unthankfull and unwise that would deny but that the Church of England during the time of Queen Elizabeth of famous Memory did flourish If I should compare it with Forrain Churches I would â—ather the Comparison should be in the Vertues then as some make it in the Defects Rather I say as between the Vine and the Olive which should be most fruitfull And not as between the Briar the Thistle which should be most unprofitable For that Reverence should be used to the Church which the good Sons of Noah used to their Fathers Nakedness That is as it were to go backwards and to help the Defects thereof and yet to dissemble them And it is to be acknowledged that scarcely any Church since the Primitive Church yielded in like Number of Years and Latitude of Country a greater Number of Excellent Preachers Famous Writers and Grave Governers But for the Discipline and Orders of the Church as many the chiefest of them are Holy and Good So yet iâ— Saint Iohn were to indite an Epistle to the Church of England as he did to them of Asia it would sure have the Clause Habeo adversus te pauca And no more for this Point Saving that as an Appendix thereunto it is not amisse to touch that Objection which is made to the Time and not to the Matter Pretending that if Reformation were necessary yet it were not now seasonable at your Majesties First Entrance Yet Hippocrates saith Si quid moves à principio move And the wisedom of all Examples do shew that the wisest Princes as they have ever been the most sparing in Removing or Alteration of Servants and Officers upon their Coming in So for Removing of Abuses and Enormities And for Reforming of Lawes and the Policy of their States they have chiefly sought to ennoble and commend their Beginnings therewith Knowing that the first Impression with People continueth long And when Mens Minds are most in Expectation and Suspence then are they best wrought and mannaged And therefore it seemeth to me that as the Spring of Nature I mean the Spring of the year is the best Time for purging and Medicining the Naturall Body So the Spring of Kingdoms is the most proper Season for the purging and Rectifying of Politick Bodies There remaineth yet an Objection rather of Suspition then of Reason And yet such as I think maketh a great Impression in the minds of very wise and well affected Peâ—sons which is That if way be given to Mutation though it be in taking away Abuses yet it may so acquaint Men with sweetnesse of change as it will undermine the Stability even of that which is sound and good This surely had been a good and true allegation in the Ancient Contentions and Divisions between the People and the Senate of Rome where things were carried at the Appetites of Multitudes which can never keep
the Exclusion of his Subjects from that Trade As a Prince that would not acknowledge that any such Right could grow to the Crown of Spain by the Donative of the Pope whose Authority he Disclaimeth Or by the Title of a dispersed and punctuall Occupation of certain Territories in the name of the rest But stood firm to reserve that point in full Question to further Times and occasions So as it is left by the Treaty in Suspence neither debarred nor permitted The Tenderness and Point of Honour whereof was such as they that went thither must run their own Perill Nay further his Lordship affirmed That if yet at this time his Majesty would descend to a Course of Entreaty for the release of the Arrests in those parts And so confess an Exclusion And quit the point of Honour his Majesty mought have them forthwith released And yet his Lordship added That the Offences and Scandalls of some had made this point worse then it was In regard that this very last Voyage to Virginia intended for Trade and Plantation Where the Spaniard hath no People nor Possession is already become inflamed for Pyracy Witness Bingley who first insinuating his purpose to be an Actour in that worthy Action of Enlarging Trade and Plantation is become a Pyrate And hath been so pursued as his Ship is taken in Ireland though his Person is not yet in hold For the Trade to the Levant His Lordship opened unto us that the Complaint consisted in effect but of two Particulars The one touching the Arrest of a Ship called the Triall in Sicely The other of a Ship called the Vineyard in Sardinia The First of which Arrests was upon pretence of Pyracy The Second upon pretence of carrying Ordnance and Powder to the Turk That Processe concerning the Triall hath been at the Merchants instance drawn to a Review in Spain which is a Favour of exceeding rare President Being directly against the Liberties Priviledges of Sicely That of the Vineyard notwithstanding it be of that nature as if it should be true tendeth to the great Dishonour of our Nation whereof Hold hath been already taken by the French Ambassadour residing at Constantinople Who entred into a Scandalous Expostulation with his Majesties Ambassadour there upon that and the like Transportations of Munition to the Turk yet neverthelesse there is an Answer given by Letters from the Kings Ambassadour Legier in Spain That there shall be some Course taken to give reasonable Contentment in that Cause as far as may be In both which Ships to speak truly the greatest Mass of loss may be included For the rest are mean in respect of the value of those two Vessels And thus much his Lordship Speech comprehended concerning the wrongs in Fact Concerning the Wrongs in Law That is to say the Rigour of the Spanish Lawes extended upon his Majesties Subjects that traffique thither his Lordship gave this Answer That they were no new Statutes or Edicts devised for our People or our Times But were the ancient Lawes of that Kingdome Suus cuique Mos. And therefore as Travellers must endure the Extremities of the Climate and Temper of the Air where they travell So Merchants must bear with the Extremities of the Lawes and Temper of the Estate where they trade Whereunto his Lordship added that our own Lawes here in England were not exempted from the like Complaints in Forrain Parts Especially in point of Marine Causes Depredations And that same swift Alteration of Property which is claimed by the Admiralty in case of Goods taken in Pyrates hands But that we were to understand thus much of the King of Spains Care and Regard of our Nation That he had written his Letters to all Corrigidors Officers of â—orts and other his Ministers Declaring his will and pleasure to have his Majesties Subjects used with all Freedome and Favour And with this Addition that they should have more Favour when it might be shewed then any other Which words howsoever the Effects prove are not suddainly to be requited with peremptory Resolutions till Time declare the direct Issue For the third Part of the Matter of the Petition which was the Remedy sought by Letters of Mart His Lordship seemed desirous to make us capable of the Inconvenience of that which was desired by setting before us two notable Exceptions thereunto The one that the Remedy was utterly incompetent and vain There other that it was dangerous and pernicious to our Merchants And in Consequence to the whole State For the weaknesse of the Remedy His Lordship wished us to enter into Consideration what the Remedy was which the Statute of Henry the fifth which was now sought to be put in Execution gave in this Case which was thus That the Party grieved should first complain to the Keeper of the private Seal And from him should take Letters unto the Party that had committed the Spoyl for Restitution And in default of Restitution to be made upon such Letters served Then to obtain of the Chanceller Letters of Mart or Reprisall which Circuit of Remedy promised nothing but endlesse and fruitless Delay In regard that the first Degree prescribed was never likely to be effected It being so wilde a Chace as to serve Processe upon the wrong-Doer in Forrain Parts Wherefore his Lordship said that it must be the Remedy of Statute that must do good in this case which useth to proceed by Certificats Attestations and other means of Information Not depending upon a privy Seal to be served upon the Party whom happily they must seek out in the West-Indies For the Danger of the Remedy His Lordship directed our Considerations to take notice of the proportions of the Merchants Goods in either Kingdome As that the Stock of Goods of the Spaniard which is within his Majesties Power and Distresse is a Trifle Whereas the Stock of English Goods in Spain is a Masse of mighty value So as if this Course of Letters of Mart should be taken to satisfie a few hot Pursuitours here All the Goods of the English Subjects in Spain shall be exposed to Seisure and Arrest And we have little or nothing in our Hands on this side to mend our selves upon And thus much Mr. Speaker is that which I have collected out of that excellent Speech concerning the First main part which was The Consideration of the Petition as it proceeded from the Merchant There followeth now the Second Part Considering the Petition as it was offered in this House Wherein his Lordship after an affectionate Commemoration of the Gravity Capacity and Duty which he generally found in the proceedings of this House desired us neverthelesse to consider with him how it was possible that the Entertaining of Petitions concerning private Injuries and of this Nature could avoid these three Inconveniencies The First of Injustice The Second of Derogation from his Majesties supreme and absolute Power of concluding Warre or Peace And the Third of some prejudice in reason of Estate For
come and take the Honour of taking the Town His Lordships last Reason was that it cast some aspersion upon his Majesty Implying as if the King slept out the Sobbs of his Subjects untill he was awaked with the Thunderbolt of a Parlaament But his Lordships Couclusion was very Noble Which was with a Protestation That what Civill Threats Contestation Art and Argument can do hath been used already to procure Remedy in this Cause And a Promise That if Reason of State did permit as their Lordships were ready to spend their Breath in the pleading of that we desire so they would be ready to spend their Blouds in the Execution thereof This was the Resolution of that which passed A Speech used to the King by his Majesties Solliciter being chosen by the Commons as their Mouth and Messenger for the presenting to his Majesty of the Instrument or Writing of their Grievances In the Parliament 7o. Jacobi MOst gracious Soveraign The Knights Cittizens and Burgesses assembled in Parliament in the House of your Commons in all humbleness do Exhibite and present unto your Sacred Majesty in their own Words though by my hand their Petitions and Grievances They are here conceived and set down in writing According to ancient Custome of Parliament They are also prefaced according to the Manner and Tast of these later Times Therefore for me to make any Additionall Preface were neither warranted nor convenient Especially speaking before a King The Exactness of whose Judgement ought to scatter and chase away all unnecessary Speech as the Sun doth a Vapour This onely I must say Since this Session of Parliament we have seen your Glory in the Solemnity of the Creation of this most Noble Prince We have heard your Wisdome in sundry excellent Speeches which you have delivered amongst us Now we hope to find and feel the Effects of your Goodness in your Gracious Answer to these our Petitions For this we are perswaded that the Attribute which was given by one of the wisest Writers to Two of the best Emperours Divus Nerva Divus Traianus So saith Tacitus Res olim insociabiles miscuerunt Imperium Libertatem May be truly applyed to your Majesty For never was there such a Conservatour of Regality in a Crown Nor never such a Protectour of lawfull Freedome in a Subject Onely this Excellent Soveraign Let not the sound of Grievances though it be sad seem harsh to your Princely Eares It is but Gemitus Columbae The Mourning of a Dove With that Patience and Humility of Heart which appertaineth to loving and Loyall Subjects And far be it from us But that in the midst of the Sense of our Grievances we should remember and acknowledge the infinite Benefits which by your Majesty next under God we do enjoy Which bind us to wish unto your life Fulness of Dayes And unto your Line Royall a Succession and Continuance even unto the worlds end It resteth that unto these Petitions here included I do adde one more that goeth to them all Which is That if in the words and frame of them there be any Thing offensive Or that we have expressed our Selves otherwise then we should or would That your Majesty would cover it and cast the Vaile of your Grace upon it And accept of our good Intentions And help them by your benign Interpretation Lastly I am most humbly to crave a particular pardon for my self that have used these few words And scarcely should have been able to have used any at all in respect of the Reverence which I bear to your Person and Judgement had I not been somewhat relieved and comforted by the Experience which in my Service aâ—d Accesse I have had of your continuall Grace and Favour A Speech of the Kings Sollicitour used unto the Lords at a Conference by Commission from the Commons Moving and perswading the Lords to joyn with the Commons in Petâ—tion to the King To obtain Liberty to treat of a Composition with his Majesty for Wards and Tenures In the Parliament 7o. Jacobi THe Knights Cittizens and Burgesses of the House of Commons have commanded me to deliver to your Lordships the Cauâ—es of the Conference by them prayed and by your Lordships assented for the second Business of this Day They have had Report made unto them faithfully of his Majesties Answer declared by My L. Treasurer touching their humble Desire to obtain Liberty from his Majestyâ— to treat of compounding for Tenures And first they think themselves much bound unto his Majesty That in Renovâ in which case Princes use to be apprehensive he hath made a gracious Construction of their Proposition And so much they know of that that belongs to the Greatness of his Majesty and the Greatness of the Cause As themselves acknowledge they ought not to have expected a present Resolution Though the Wise-Man saith Hope deferred is the Fainting of the Soul But they know their Duty to be to attend his Majesties Times at his good pleasure And they do it with the more comfort because in that his Majesties Answer Matching the Times aad weighing the Passages thereof they conceive in their Opinion rather Hope then Discouragement But the principall Causes of the Conference now prayed Besides these significations of Duty not to be omitted Are two Propositions The one Matter of Excuse of themselves The other Matter of Petition The former of which growes thus Your Lordship my L. Threasurer in your last declaration of his Majesties Anâ—wer which according to the Attribute then given unto it had Imaginem Caesaris fair and lively graven made this true and effectuall Distribution That there depended upon Tenures Considerations of Honour of Conscience And of Vtility Of these three Vtility as his Majesty set it by for the present out of the Greatness of his Mind So we set it by out of the Justnesse of our Desires For we never ment but a goodly and worthy Augmentation of the Profit now received and not a Diminution But to speak truly that Consideration falleth naturally to be examined when Liberty of Treaty is granted But the former Two indeed may exclude Treaty And cut it off before it be admitted Nevertheless in this that we shall say concerning those Two We desire to be conceived rightly We mean not to dispute with his Majesty what belongeth to Soveraign Honour or his Princely Conscience Because we know we are not capable to discern them Otherwise then as Men use sometimes to see the Image of the Sun in a Pail of Water But this we say for our selves God forbid that we knowingly should have propounded any thing that mought in our Sense and perswasion touch either of both And therefore herâ—in we desire to be heard not to enform or perswade his Majesty but to fâ—ee and excuse our selves And first in generall we acknowledge that this Tree of Tenures was Planted into the Prerogative by the ancient common Law of this Land That it hath been Fenced in and Preserved by many Statutes
upon the Kings that are the Vassals of Rome And over them gives it power But protecteth those Kings which have not accepted the Yoak of his Tyranny from the Effects of his Mallice The other that as I said at first this is a common Cause of Princes It involveth Kings of both Religions And therefore his Majesty did most worthily and prudently ring out the Alarum Bell to awaken all other Princes to think of it seriously and in Time But this is a miserable case the while That these Roman Souldiers do either thrust the Spear into the Side of Gods Annointed Or at least they Crown them with Thorns That is piercing and pricking Cares and Feares that they can never be quiet or secure of their Lives or States And as this Perill is common to Princes of both Religions So Princes of both Religions have been likewise equally sensible of every Injury that touch't their Temporall Thunaus reports in his Story That when the Realm of Fraunce was interdicted by the violent proceedings of Pope Iulius the 2d. the King Lewis the 12th otherwise noted for a Moderate Prince caused Coyns of Gold to be stamped with his own Image and this Superscription Perdam nomen Babylonis è terrâ And Thuanus saith Himself hath seen divers pieces thereof So as this Catholick King was so much incensed at that time in respect of the Popes Vsurpation As he did fore-run Luther in applying Babylon to Charlesâ—he â—he 5th Emperour who was accounted one of â—he Popes best Sonnes yet proceeded in matter temporall towards Pope Clement with strange Rigour Never regarding the Pontificality but kept him Prisoner 18. Moneths in a Pestilent Prison And was hâ—rdly disswaded by his Councell from having sent him Captive into Spain And made sport with the Threats of Frosberg the Germaine who wore a silk Rope under his Cassock which he would shew in all Companies Tellâ—ng them that he carried it to strangle the Pope with his own hands As for Philip the Faire Iâ— is the ordinary Example how he brought Pope Boniface the 8th to an ignominious End Dying Mad and Enraged And how he stiled hiâ— Rescript to the Popes Bull whereby he challenged his Tempoâ—all Sciat Fatuitas Vestra Not your Beatitude but your Stultitude A Stile worthy to be continued in like Cases For certainly that claim is meerly Folly and Fury As for Native Examples here it is too long a Field to enter into them Never Kings of any Nation kept the Partition wall between Temporall and Spiriâ—uall better in times of greatest Superstition I report me to King Edward I. that set up so many Crossâ—s And yet crossed that part of the Popes Iurisdiction no Man more strongly But these things have passed better Penns and Speeches Heere I end them But now to come to the particular Charge of this Man I musâ— enform your Lordships the Occasion and Nature of this Offenceâ— Theâ—e haâ—h been published lately to the Worldâ— a Work of Suâ—rez a Portugese A Professor in the Vniversity of Coimbra A Confidenâ—â— and daâ—ing Writer such an one as Tully describes in derision Nihil tam verens quam ne dubitare aliquâ de re videretur One that feares nothing but this least he should seem to doubt of any thing A Fellow that thinksâ— with his Magistrallity and Goose-quill to give Lawes and Mannages to Crowns and Scepters In this Mans writinâ— this Doctrine of Deposing and Murthering Kings seems to comâ— to a higher Elevation then heretofore And it is more artted and positived then in others For in the passages which your Lordships shall hear read anon I find three Assertions which run not in the vulgar Track But are such as wherewith Mâ—ns Eares as I suppose are not much acquainted Whereof the first is That the Pope hath a superiority over Kings as Subjects to depose them Not only for Spirituall Crimes as Heresie and Schisme But for Faults of a Tempoâ—rall Nature Forasmuch as a Tyrannicall Government tendeth ever to the Destruction of Soules So by this Position Kings of either Religion are alike comprehended and none exempted The Second that after a Sentence given by the Pope this Writer hath defined of a Series or Succession or Substitution of Hangmen or Burreo's to be suâ—e least an Executioner should fail His Assertion is That when a King is sentenced by the Pope to Deprivation or Death The Executioner who is first in place is He to whom the Pope shall commit the Authority Which mayâ— be a Forraign Prâ—nce It may be a Particular Subject It may be in generall to the first undertaker But if there be no Direction or Assignation in the Sentence speciall nor generall then de Jure it appertains to the nexâ— Successour A naturall and pious Opinion For commonly they are Sons or Brothers or near of Kin all is one So as the Successor be Apparent and also that he be a Catholique But if he be Doubtfull or that he be no Catholique then it devolves to the Commonalty of the Kingdome So as he will be sure to have it done by one Minister or other In the Third he distinguishethâ— of two kinds of Tyrants A Tyrant in Title and A Tyrant in Regiment â—he Tyrant in Regiment cannot be resisted or killed without a Sentence precedent by the Pope But a Tyrant in Title may be killed by any private Man whatsoever By which Doctrine he hath put the Judgement of Kings Titles which I will undertake are never so clean but that some vain Quarrel or Exception may be made unto them upon the Fancy of every â—rivate Man And also couples the Judgement and Execution together That he may judge him by a Blow without any other Sentence Your Lordships see what Monstrous Opinions these are And how both these Beasts the Beast with seven Heads and the Beast with Many Heads Pope and people are at once let in and set upon the sacred Persons of Kings Now to go on with the Narrative There was an Extract made of certain Sentences and Portions of this Book Being of this nature that I have set forth By a great Prelate and Councellor upon a just Occasion And there being some Hollowness and Hesitation in these Matters wherein it is a thing impious to doubt discovered and perceived in Talbot He was asked his Opinion concerning these Assertions in the Presence of his Majesty And afterward they were delivered to him That upon advise and Sedato animo he mought declare himself Whereupon under his hand he subscribes thus May it please your Honourable good Lordships Concerning this Doctrine of Suarez I do perceive by what I have read in his Book that the same doth concern Matter of Faith The Controversie growing upon Exposition of Scriptures and Councels Wherein being ignorant and not studied I cannot take upon me to judge But I do submit mine Opinion therein to the Iudgement of the Catholick Roman Church as in all other Points concerning Faith I do And for Matter concerning my Loyalty I
And was not without some other Seditions and Troubles As namely the great Contestation of his Prelates King Henry 2. his Happinesse was much deformed by the Revolt of his son Henry after he had associated him and of his other Sonnes King Hen. 3 besides his continuall Wars in Wales was after 44. years raign unquieted with Intricate Commotions of his Barons As may appear by the Mad Parliament held at Oxford and the Acts thereupon ensuing His Son King Ed. 1. had a more flourishing Time then any of the other Came to his Kingdom at ripe years and with great Reputation after his voyage into the Holy Land And was much loved and obeyed contrived his Wars with great Judgement First having reclaimed Wales to a setled Allegeance And being upon the point of Vniting Scotland But yet I suppose it was more honour for her Majesty to have so important a piece of Scotland in her hand And the same with such Justice to render up Then it was for that worthy King to have advanced in such Forwardnesse the Conquest of that Nation And for King Edward 3. his Raign was visited with much Sicknesse and Mortality So as they reckoned in his dayes 3. severall Mortalities One in the 22. year Another in tâ—e 35. year And the last in the 43. year of his Raign And being otherwise Victorious and in Prosperity was by that onely Crosse more afflicted then he was by the other Prosperities comforted Besides he entred hardly And again according to the Verse Cedebant ultima primis His Latter Times were not so prosperous And for King Henry 5. as his Successe was wonderfull so he wanted Continuance Being extinguished after 10. years Raign in the Prime of his Fortunes Now for her Majesty we will first speak of the Blessing of Continuance as that which wanted in the Happiest of these Kings And is not only a great favour of God unto the Prince but also a singular Benefit unto the People For that Sentence of the Scripture Misera Natio cùm multi sunt principes eius is interpreted not only to extend to Divisions and Distractions in Government but also to Frequent Changes in Succession Considering that the Change of a Prince bringeth in many Charges which are Harsh and Vnpleasant to a great part of Subjects It appeareth then that of the Line of Five hundred and fourescore years and more containing the Number of 22. Kings God hath already prolonged her Majesties Raign to exceed sixteen of the said Two and Twenty And by the end of this present year which God prosper she shall attain to be equall with two more During which time there have deceased four Emperours As many French Kings Twice so many Bishops of Rome Yea every State in Christendome except Spain have received sundry Successions And for the King of Spain he is waxed so infirm and thereby so Retired as the Report of his Death serveth for every years News whereas her Majesty Thanks be given to God being nothing decayed in vigor of Health and strength was never more able to supply and sustain the weight of her Affairs And is as far as standeth with the Dignity of her Majesties Royall State continually to be Seen to the great comfort and Hearty Ease of her People Secondly we will mention the Blessing of Health I mean generally of the People which was wanting in the Raign of another of these Kings which else deserved to have the second place in Happinesse which is one of the great Favours of God towards any Nation For as there be three Scourges of God War Famine and Pestilence so are there three Benedictions Peace Plenty and Health Whereas therefore this Realm hath been visited in times past with sundry kinds of Mortalities as Pestilences Sweats and other Contagious Diseases it is so that in her Majesties Times being of the continuance aforesaid there was only towards the Beginning of her Raign some Sicknesse between Iune and February in the Citty but not dispersed into any other paâ—t of the Realm as was noted which we call yet the Great Plague Because that though it was nothing so Grievous and so Sweeping as it hath been sundry times heretofore yet it was great in respect of the Health which hath followed since Which hath been such especially of late years as we began to dispute and move Questions of the Causes whereunto it should be ascribed Untill such time as it pleased God to teach us that we ought to ascribe it onely to his Mercy By touching us a little this present year but with a very Gentle Hand And such as it hath pleased him since to remove But certain it is for so many years together notwithstanding the great Pestering of people in Houses The great Multitude of Strangers and the sundry Voiages by Seas All which have been noted to be Causes of Pestilence The Health Vniversall of the People was never so good The third Blessing is that which all the Politick and Fortunate Kings before recited have wanted That is Peace For there was never Forreiner since her Majesties Raign by Invasion or Incursion of Moment that took any footing within the Realm of England One Rebellion there hath been onely but such an one as was repressed within the space of seven weeks And did not wast the Realm so much as by the Destruction or Depopulation of one poor Town And for wars abroad taking in those of Leeth those of New-Haven the second Expedition into Scotland the wars of Spain which I reckon from the year 86 or 87 before which time neither had the King of Spain withdrawn his Embassadours here residing neither had her Majesty received into protection the united Provinces of the Low Countries And the Aid of France They have not occupied in time a third part of her Majesties Râ—ign Nor consumed past two of â—y Noble House whereof France took one and Flanders another And very few besides of Quality or Appearance They have scarce mowed down the overcharge of the People within the Realm It is therefore true that the Kings aforesaid and others her Maiâ—sties Progenitours have been Victorious in their Wars And have made many Famous and Memorable Voyages and Expediâ—tions into sundry parts And that her Majesty contrarywise from the bginning put on a firm Resolution to content her self within those Limits of her Dominions which she received And to entertain Peace with her Neighbour princes which Resolution she hath ever since notwithstanding she hath haâ— Rare Opportunities Iust Claims and pretences and great and mighty Means sought to continue But if this be objected to be the lesse Honourable Fortune I answer that ever amongst the Heathen who held not the Expence of Blood so precious as Christians ought to do The peaceable Government of Augustus Caesar was ever as highly esteemed as the Victories of Iuliuâ— his Uncle and that the Name of Pater Patriae was ever as Honourable as that of propagator Imperii And this I
if it wâ—re but by Surviving alone though he had no other Excellency One that hath passed the Degrees of Honour with great Travell and long Time which quencheâ—h alwayes Envy except it be joyned wâ—th extreme Malice Then it appeareth manifestly to be but a Brick wall at Tennis to make the Defamation and Hatred rebound from the Counsellour upon the Prince And assuredly they be very simple to think to abuse the VVorld with those Shifts Since every Child can tell the Fable That the VVolfs Malice was not to the Shepherd but to his Dog It is true that these Men have altred their Tune twice or thrice when the Match was in Treating with the Duke of Anjou they spake Honey as to her Majesty All the Gall was uttered against the Earl of Leicester But when they had gotten Heart upon the Expectation of the Invasion they changed stile and disclosed all the Venome in the World immediately against her Majâ—sty what New Hope hath made them return their Sinons Note in teaching Troy how to save it self I cannot tell But in the mean time they do his Lordship much Honour For the more despitefully they inveigh against his Lordship the more Reason hath her Majesty to trust him and the Realm to honour him It was wont to be a Token of scarce a good Liedgeman when the Enemy spoiled the Countrey and left any particular Mens Houses or Fields unwasted 6. Certain true generall Notes upon the Actions of the Lord Burleigh BUT above all the rest it is a strange Fancy in the Libeller that he maketh his Lordship to be the Primum Mobile in every Action without Distinction That to him her Majesty is Accomptant of her Resolutions That to him the Earl of Leicâ—ster and Mr. Secretary Walsingham both Men of great Power and of great wit and understanding were but as Instruments whereas it is well knownn that as to her Majesty there was never a Counseller of his Lordships long Continuance that was so applyable to her Majesties Princely Resolutions Endeavouring alwayes after Faithfull Propositions and Remonstrances and these in the best words and the most Gratefull Manner to rest upon such Conclusions as her Majesty in her own wisdome determineth and them to execute to the best So far hath he been from Contestation or drawing her Majesty into any his own Courses And as for the Forenamed Counsellours and others with whom his Lordship hath consorted in her Majesties service It is rather true that his Lordship out of the Greatnesse of his Experience and Wisdome And out of the Coldnesse of his Nature hath qualified generally all Hard and Extreame Courses as far as the Service of her Majesty and the Safety of the State the Making himself compatible with those with whom he served would permit So far hath his Lordship been from inciting others or running a full Course with them in that kind But yet it is more strange that this Man should be so absurdly Malitious as he should charge his Lordship not onely with all Actions of State but also with all the Faults and Vices of the Times As if Curiosity and Emulation have bred some Controversies in the Church Though thanks be to God they extend but to outward Things As if Wealth and the Cunning of Wits have brought forth Multitudes of Suits in Law As If Excesse in Pleasures and in Magnificence joyned with the unfaithfulnesse of Servants and the Greedinesse of Monied Men have decayed the Patrimony of many Noble Men and others That all these and such like Conditions of the Time should be put on his Lordships accompt who hath been as far as to his Place appertaineth a most Religious and Wise Moderator in Church Matters to have Vnity kept who with great Iustice hath dispatched infinite Causes in Law that have orderly been brought before him And for his own Example may say that which few Men can say but was sometime said by Cephalus the Athenian so much Renowned in Plato's Works who having lived near to the age of an 100 years And in continuâ—ll Affairs the Businesse was wont to say of Himself That he never sued any neither had been sued by any Who by reason of his Office hath preserved many Great Houses from Overthrow by relieving sundry Extremities towards such as in their Minority have been circumvented And towards all such as his Lordship might advise did ever perswade Sober and Limited Expence Nay to make Proof further of his Contented Manner of Life free from Suits and Covetousnesse as he never sued any Man so did he never raise any Rent or put out any Tenant of his own Nor ever gave consent to have the like done to any of the Queens Tenants Matters singularly to be noted in this Age. But however by this Fellow as in a False Artificiall Glasse which is able to make the best Face Deformed his Lordships Doings be set forth yet let his Proceedings which be indeed his own be indifferently weighed and considered And let Men call to Mind that his Lordship was never a violent and Transported Man in Matters of State but ever Respective and Moderate That he was never Man in his particular a Breaker of Necks no heavy Enemy but ever Placable and Mild That he was never a Brewer of Holy water in Court no Dallier no Abuser but ever Reall and Certain That he was never a Bearing Man nor Carrier of Causes But ever gave way to Iustice and Course of Law That he was never a Glorious Wilfull Proud Man but ever Civill and Familiar and good to deal withall That in the Course of his Service he hath rather sustained the Burthen then sought the Fruition of Honour or Profit Scarcely sparing any time from his Cares and Travailes to the Sustentation of his Health That he never had nor sought to have for Himself and his Children any Penny-worth of Lands or Goods that appertained to any attainted of any Treason Felony or otherwise That he never had or sought any kind of Benefit by any Forfeiture to her Majesty That he was never a Factious Commender of Men as he that intended any waies to besiege Her by bringing in Men at his Devotion But was ever a true Reporter unto her Majesty of every Mans Deserts and Abilities That he never took â—he Course to unquiet or offend no nor exasperate her Majesty but to content her mind and mitigate her Displeasure That he ever bare Himself reverently and without Scandall in Matters of Religion and without blemish in his Private Course of Life Let Men I say without Passionate Mallice call to mind these Things And they will think it Reason that though he be not canonized for a Saint in Rome yet he is worthily celebrated as Pater Patriae in England And though he be Libelled against by Fugitives yet he is prayed for by a Multitude of good Subjects Aud lastly though he be envied whilest he liveth yet he shall be deeply wanted when he is gone And assuredly many
greatly advance her Glory That both by her timely Succours her Nâ—ighbour Kings were settled in their Rightâ—ull Thrones and the Suppliant People who by the ill Advisednesse of their Kings were abandoned and given over to the Cruelâ—y of their Ministers And to the Fury of the Multitude and to all manner of Butchery and Desolation were relieved by Her By reason whereof they subsist unto this Day Neither was She a Princesse lesse Benigne and Fortunate in the Influence of her Counsells then of her Succours As being One that had oftentimes interceded to the King of Spain to mitigate his wrath against his Subjects in the Netherlands and to reduce them to his Obedience upon some tolerable Conditions And further as being one that did perpetually and upon all occasions represent to the French Kings the Observation of their own Edicts so often declaring and promising peace to their Subjects I cannot deny but that these good Counsells of hers wanted the Effect In the former I verily believe for the Univeâ—sall good of Europe Least happily the Ambition of Spain being unloosed from his Fetters should have poured it self as things then stood upon the other Kingdoms and States of Christendom And for the latter the Blood of so many Innocents with their Wives and Children Slain within their own Harbours and Nests by the Scumme of the People who like so many Mastifes were let loose and heartened and even set upon them by the State would not suffer it which did continually cry unto God for Vengeance that so Blood-sucking a Kingdom might have her fill thereof in the intestine Slaughters and Consumption of a Civill War Howsoever she persisted to perform the part of a wise and loving Confederate There is another Cause also for which we may justly admire this Peace so constantly pursued and maintained by the Queen And that is that it did not proceed from any Bent or Inclination of those Times But from the Prudency of her Government and discreet Carriage of Things For whereas she her self was not without manifest Danger from an ill affected Party at home for the Cause of Religion And that the Strength and Forces of this Kingdom were in the Place of a Bulwark to all Europe against the then dreadfull and overflowing Ambition and Power of the King of Spain She might have apprehended just Cause of a War But as she was still ready with her Councell so she was not behind hand with her Forces And this we are taught by an Event the most Memorable of any in our time if we look upon the Felicity thereof For when as the Spanish Navy set forth with such wonderfull Preparations in all kinds the Terrour and Amazement of all Europe Carried on with almost Assurance of victory came braving upon our Seas It took not so much as one poor Cock-boat of ours nor fired any one Village nor landed one Man upon English Ground But was utterly defeated and after a shamefull Flight and many shipwracks quite dispersed So as the Peace of this Kingdome was never more Firm and Solid Neither was her Felicity lesse in Escaping Treacherous Attempts at home then in subduing and Defeating forrain Invasions For not a few Treasons plotted against her Life were most fortunately discovered and disappointed And this was no cause to make her lead a more fearfull or diffident life then before No new Encrease of her Guard No Immuring her self within her own Walls or Forbearing to be seen abroad But as one assured and confident And that was more mindfull of her Escape from Danger then of the Danger it self she was constant to her former Customes and Fashions Furthermore it is worth our labour to consider the Nature of the Times in which she Raigned For there are some Times so Barbarous and Ignorant that it is no greater matter to govern People then to govern a Flock of Sheep But this Queen fell upon Times of singular Learning and Sufficiency In which it was not possible to be eminent without admirable Endowments of wit and a Rare Temper of Vertue Again the Raignes of Women are For the most part obscured by their Husbands Upon whom all their Praises and worthy Acts do reâ—lect As for those that continue unmarried it is they that impropriate the whole glory and meriâ— to themselves And this was the peculiar Glory of this Princesse That she had no Props or Supports of her Government but those that were of her own making She had no Brother the Son of her Mother No Vnckle None other of the Royall Bloud and Linage that might be Partner in her Cares and an Vpholder of the Regall Dignity And as for those whom she raised to Honour she carried such a discreet Hand over them and so enterchanged her Favourâ— as they all strived in Emulation and Desire to please her best and she her self remained in all Things an Absolute Princesse Childlesse she was and left no Issue behind Her which was the Case of many of the most fortunate Princes Alexander the â—reat Iulius Caesar Trajan and others And this is a Case that hath been often controverted and argued on both â—ides Whilest some hold the want of Children to be a Diminution of our Happinesse As if it should be an Estate more then Human to be happy both in our own Persons and in our Descendants But others do account the want of Children as an Addition to â—arthly Happinesse In as much as that Happinesse may be said to be compleat over which Fortâ—ne hath no Power when we are gone Which if we leave Children cannot be She had also many Outward Gifts of Nature A tall Staâ—ure A comely and strait Making An extraordinary Majesty of Aspect â—oyned with a Sweetnesse A most Happy and Constant Healthfulnesse of Body Unto which I may add that in the full Possession both of her Limms and Spirits untill her last Sicknesse Having received no Blow from Fortuneâ— Nor Decay from Old Age she obtained that which Augustus Caesar so importunately prayed for An easie and undistempered passage out of this VVorld Which also is reported of Antoninus Pius that Excellent Emperour Whose Deaâ—h had the Resemblance of some soft and pleasing Slumber So in Queen Elizabeths Disease there was no ghastly or fearfull Accident No Idlenesse of Brain Nothing unaccustomed to Man in generall She was not transported either with desire of Life or Tediousnesse of Sicknesse or extremity of Pain She had no grievous or uncomely Symptomes But all things were of that kind as did rather shew the Frailty of Nature then a Deordination or Reproach of it For some few Dayes before her Death being much pined with the extream Drought of her Body and those Cares that accompany a Crown And not wonted to refresh her Self with VVine or any Liberall Dieâ— she was strook with a Torpour and Frigidity in her Nerves Notwithstanding which is rare in such Diseases she retained both her Speech and Memory and Motion though but flow and weak even to the
and Treaties of Intercourse with Forrain Nations I touched them before In these Points of the straight and more inward Vnion there will interveyn one principall Diffiâ—ulty and Impediment growing from that Root which Aristotle in his Politicks maketh to be the Root of all Division and Dissention in Common Wealths And that is Equality and Inequality For the Realm of Scotland is now an Ancient and Noble Realm substantive of it self But when this Island shall be made Britain then Scotland is no more to be considered as Scotland but as a part of Britain No more then England is to be considered as England but as a part likewiâ—e of Britain And consequently neither of these are to be considered as Things entire of themselves but in the Proportion that they bear to the Whole And therefore let us imagine Nam id Mente Possumus quod actu non Possumus that Britain had never been divided but had ever been one Kingdome Then that part of Soyl or Territory which is comprehended under the Name of Scotland is in quantity as I have heard it esteemed how truly I know not Not past a third paâ—t of â—ritain And that part of Soyl or Territory which is comprehended under the Name of England is two parts of Britain Leaving to speak of any Difference of Wealth or Population and speaking onely of Quantity So then if for Example Scotland should bring to Parliament as much Nobility as England then a Third part should countervail two parts Nam si Inaequalibus aequalia addas omnia erunt â—naequalia And this I protest before God and your Majesty I do speak not as a Man born in England but as a Man born in Britain And therefore to descend to the particulars For the Parliaments the Consideration of that Point will fall into four Questions 1. The first what proportion shall be kept between the Votes of England and the Votes of Scotland 2. The Second touching the Manner of Proposition or possessing of the Parliament of Causes there to be handled Which in England is used to be done immediaâ—ly by any Member of the Parliament or by the Prolocutor And in Scotland is used to be done immediatly by the Lords of the Articles Whereof the one Form seemeth to have more Liberty and the other more Grâ—vity and Maturity And therefore the Question will be whether of these shall yield to other Or whether there should not be a Mixture of both by some Commissions precedent to every Parliament in the Nature of Lords of the Articles And yet not Excluding the Liberty of propounding in full Parliament afterwards 3. The Third touching the Orders of Parliament how they may be compounded and the best of either taken 4. The Fourth how those which by Inheritance or otherwise have Offices of Honour and Ceremony in both the Parliaments as the Lord Steward with us c. may be satisfied and Duplicity accommodated For the Councells of Estate while the Kingdomes stand divided it should seem necessary to continue severall Councells But if your Majâ—styâ— should proceed to a strict Vnion then howsoever your Majesty may establish some Provinciall Councells in Scotland as there is here of Yorke and in the Marches of Wales Yet the Question will be whether it will not be more convenient for your Majesty to have but one Trivy Councell about your Person Whereof the Principall officers of the Crown of Scotland to be for Dignity sake howsoever their Abiding and Remaining may be as your Majesty shall imploy their Service But this Point belongeth meerely and wholy to your Majesties Royall Will and Pleasure For the Officers of the Crown the Consideration thereof will fall into these Questions First in regard of the Latitude of your Kingdom and the Distance of Place whether it will not be Matter of necessity to continue the severall Officers because of the Impossibility for the service to be performed by one The Second admitting the Duplicity of Officers should be continued yet whether there should not be a Difference that one should be the Principall Officer and the other to be but Speciall and Subalterne As for example one to be Chancellour of Britain and the other to be Chancellour with some speciall Addition As here of the Dutchy c. The Third if no such specialty or Inferiority be thought fit then whether both Officers should not have the Tiâ—le and the Name of the whole Island and Precincts As the Lord Chanceller of England to be Lord Chanceller of Britain And the Lord Châ—nceller of Scotland to be Lord Chanceller of Britain But with severall proviso's that they shall not intromit themselves but within their severall precincts For the Nobilities the Consideration thereof will fall into these Questions The First of their Votes in Parliament which was touched before what proportion they shall bear to the Nobility of England Wherein if the Proportion which shall be thought â—it be not full yet your Majesty may out of your Prerogative supply it For although you cannot make fewer of Scotland yet you may make more of England The Second is touching the Place and Precedence wherein to marshall them according to the Precedence of England in your Majesties Stile And according to the Nobility of Ireland That is all English Earles first and then Scottish will be thought unequall for Scotland To marshall them according to Antiquity will be thought unequall for England Because I hear their Nobility is generally more ancient And therefore the Question will be whether the indifferentest way were not to take them enterchangeably As for Example First the Ancient Earl of England And then the Ancient Earl of Scotland And so Alternis Vicibus For the Lawes to make an intire and perfect Vnion it is a Matter of great Difficulty and Length Both in the Collecting of them and in the Passing of them For first as to the Collecting of them there must be made By the Lawyers of either Nation a Disgest under Titles of their severall Lawes and Customesâ— Aswell Common Lawes as Staâ—utes That they may be Collated and Compared And that the Diversities may appear and be discerned of And for the Passing of them we see by expeâ—rience that Patrius Mos is dear to all men And that Men are bred and nourished up in the Love of it And therefore how harsh Changes and Innovations are And we see likewise what Disputation and Argument the Alteration of some one Law doth cause and bring forth How much more the Alteration of the whole Corps of the Law Therefore the first Question will be whether it be not good to proceed by parts and to take that that is most necessary and leave the rest to Time The Parts therâ—fore or Subject of Lawes are for this purpose fitliest distributed according to that ordinary Division of Criminall and Civill And those of Criminall Causes into Capitall and Penall The Second Question therefore is Allowing the Generall Vnion of Lawes to
in Religion And the Benefices swallowed up in Impropriations did by Decree in the Dutchy erect four stipends of 100 l. per Annum a piece for Preachers well chosen to help the Harvest which have done a great deal of Good in the Parts where they have laboured Neither do there want other Corners in the Realm that would require for a time the like Extraordinary Help Thus have I briefly delivered unto your Majesty mine Opinion touching the Employment of this Charity whereby that Masse of wealth which was in the Owner little better then a Stack or Heap of Muck may be spread over your Kingdome to many fruitfull purposes your Majesty planting and watering and God giving the Encrease A PROPOSITION TO His Maiesty BY Sir FRANCIS BACON Knight HIS MAIESTIES ATTVRNEY GENERALL AND One of His PRIVY COUNSELL Touching the Compiling And Amendment Of the LAWES of ENGLAND YOVR MAIESTY OF Your Favour Having Made me Privy Councellor And Continuing me in the Place of your Atturney Generall which is more then was these hundred years before I do not understand it to be that by putting off the dealing in Causes between party and party I should keep Holy-day the more But that I should dedicate my time to your Service with lesse distraction Wherefore in this plentifull Accession of Time which I have now gained I take it to be my duty Not onely to speed your Commandements and the Businesse of my place But to meditate and to excogitate of my self wherein I May best by my Travels derive your Vertues to the Good of your People And return their Thanks and Increase of Love to you again And after I had thought of many things I could â—ind in my Judgement none more proper for your Majesty as a Master Nor for me as a Workman then the Reducing and Recompiling of the Lawes of England Your Majesty is a King blessed with Posterity And these Kings sort best with Acts of Perpetuity When they do not leave them instead of Children but transmit both Line and Merit to Future Generations You are a great Master in Iustice and Iudicature And it were pitty that the fruit of that Vertue should dye with you Your Majesty also Raigneth in Learned Times The more in regard Of your own perfections and patronage of Learning And it hath been the mishap of Works of this Nature that the lesse Learned Time hath wrought upon the more Learned Which now will not be so As for my self the Law is my profession to which I am a debter Some little helps I May have of other Learning which may give Form to matter And your Majesty hath set me in an Eminent place whereby in a Work which must be the Work of many I may the better have Coadjutors Therefore not to hold your Majesty with any long preface in that which I conceive to be nothing less then Words I will proceed to the Matter Which matter it self neverthelesse requireth somewhat briefly to be said both of the Dignity and likewise of the Safety and Convenience of this Work And then to go to the main That is to say to shew how the work is to be done Which incidently also will best Demonstrate that it is no vast nor speculative Thing But a Reall and feizable Callisthenes that followed Alexanders Court and was grown in some displeasure with him Because he could not well brook the Persian Adoration At a Supper which with the Graecians was ever a great part Talk was desired because he was an Eloquent Man to speak of some Theam which he did And chose for his Theam The praise of the Macedonian Nation which though it were but a â—illing Thing to praise men to their Faces yet he did it with such Advantage of Truth and avoydance of Flattery and with such life As the Hearers were so ravished with it that they plucked the Roses off from their Garlands and threw them upon him As the Manner of Applauses then was Alexander was not pleased with it and by way of Discountenance said It was easie to be a good Oratour in a pleasing Theam But saith he to Callisthenes turn your stile and tell us now of our Faults that we may have the profit and not you onely the praise Which he presently did with such a force and so piquantly that Alexander said The Goodnesse of his Theam had made him Eloquent before But now it was the Malice of his heart that had inspired him 1. Sir I shall no fall into either of those two Extreames Concerning the Lawes of England They commend themselves best to them that understand them And your Majesties Chief Iustice of your Bench hath in his Writings magnified them not with out Cause Certainly they are Wise they are Just and Moderate Lawes They give to God They give to Caesar They give to the Subjects that which appertaineth It is true They are as mixt as our Language compounded of Britâ—ish Râ—man Saxon Danish Norman Customes And as our Language is so much the Richer so the Lawes are the more compleat Neither doth this attribute lesse to them then those that would have them to have stood out the same in all Mutations For no â—ree is so good first set as by Transplanting 2. As for the Second Extream I have nothing to do with it by way of Taxing the Lawes I speak only by way of Perfitting them Which is easiest in the bâ—st things For that which is farr amisse hardly receiveth Amendment But that which hath already To that more may be Given â—esides what I shall propound is not to the Matter of the Lawes but to the Manner of their Registry Expression and Tradition So thâ—t it giveth them rather Light then any new Nâ—ture This being so for the Dignity of the Worke I know scarcely where to find the like For surely that Scale and those Degrees of Soveraign Honour are true and rightly marshalled First the Founders of Estates Then the Law givers Then the Deliverers and Saviours after long Calamities Then the Faâ—hers of their Countries Which are Just and Prudent Princeâ— And Lastly Conquerors which Honour is not to be received amongst the rest Except it be where there is an addition of more Country and Territory to a better Government then that was of the Conquered Of these in my Judgement your Majesty may with more truth then flattery be intituled to the first because of your Vniting of Britain Planting Ireland Both which savouâ— of the Founder That which I now propound to you may adopt you also into the Second Law-givers have Been called Principes Perpeâ—ui Because as Bishop Gardner said in a bad Sense that he would be Bishop an hundred years after his death in respect of the Long Leases he made So Law-givers are still Kings and Rulers after their Decease in their Lawes But this Worke shining so in it self needes no Taper For the safety and convenience thereof It is good to consider and to answer those Objectious or Scruples which
Garment as unworthy the Wearing as his service that sends it But the Approach to your Excellent Person may give Worth to both which is all the Happinesse I aspire unto A Letter of Advice to thâ— Earl of Essex to take upon him the Care of Irish Causes when Mr. Secretary Cecill was in Fraunce My singular good Lord I Doe write because I had no time fully to expresse my Conceit to your Lordship touching Irish Affairs considering them as they may concern your Lordship Knowing that you will consider them as they may concern the State That it is one of the aptest particulars that hath come or can come upon the Stage for your Lordship to purchase Honour upon I am moved to think for 3. Reasons Because it is ingenerate in your House in respect of my Lord your Fathers Noble Attempts Because of all the Actions of State on foot at this time the Labour resteth most in that particular And because the World â—ill make a kinde of Comparison between those that set it out of Frame and those that bring it into Frame which kind of Honour giveth the quickest kind of Reflection The Transferring this Honour upon your self consisteth in 2. points The one if the Principal Persons employ'd come in by you and depend upon you The other if your Lordship declare your self and profess to undertake a Care of that Kingdom For the Persons it falleth out well that your Lordship hath had no Interest in the Persons of Imputation For neithâ—r Sir William Fitz-Williams nor Sir Iohn Norrice was yours Sir William Russell was conceived yours but was curbed Sir Coniers Clifford as I conceive it dependeth on you who is said to do well And if my Lord of Ormond in this Intâ—rim doth accommodate things well as it is said he doth I take it hâ— hath alwayes had good Understanding with your Lordship So as all Things hitherto are not only whole and entire but of favourable Aspect towards your Lordship if hereafter you choose well Concerning the Care of Businesse the general and popular Conceit hath been that Irish Causes have been much neglected wâ—ereby the Reputation of better Care will put Life into them But for a Beginning and Key to that which shall follow It were good your Lordship would have some large and serious Conference with Sir William Russell Sir Richard Bingham the Earl of Toumond and Mr. Wilbraham To know their Relation of the past Their Opinion of the present and Their Advise for the future For the Points of Apposing them I am too much a Stranger to the Businesse to deduce them But in a general Topique methinks the pertinent Interrogations must be Either of the Possibility and Means of Accord or of the Nature of the Warre or of the Reformation of Abuses Or of the joyning of Practice with Force in the Disunion of the Rebells If your Lordship doubt to put your Sickle into anothers Harvest First Time brings it to you in Mr. Secretaries Absence Next being mixt with matter of Warre it is fittest for you And lastly I know your Lordship will carry it with that Modesty and Respect towards Aged Dignity And that good Correspondence towards my dear Kinsman and your good Friend now abroad as no Inconvenience may grow that way Thus have I played the Ignorant Statesman Which I doe to No Body but your Lordship except to the Queen sometimes when she traine's me on But your Lordship will accept my Duty and good Meaning And secure me touching the privatenesse of that I write A Letter of Advice to the Earl of Essex upon the first Treaty with Tyrone 1598 before the Earl was nominated for the Charge of Ireland My very good Lord COncerning the Advertisements which your Lordship imparted to me touching the State of Ireland for willing Duties sake I will set down to your Lordship what Opinion sprang in my Minde upon that I read The Letter from the Counsel there leaning to mistrust and disswade the Treaty I do not much rely on for 3. Causes First because it is alwayes the Grace and the Safety of such a Counsell to erre in Caution whereunto add that it may be they or some of them are not without Envy towards the Person who is used in treating the Accord Next because the Time of this Treaty hath no shew of Dissimulation For that Tyrone is now in no straights but he is more like a Gamester that will give over because he is a Winner than because he hath no more Money in his Purse Lastly I do not see but those Articles whereupon they ground their Suspicion may as well proceed out of Fear as out of Falsehood For the Retaining the Dependance of the Vriâ—ghts The protracting the Admission of a Sheriff The Refusing to give his Sonne for an Hostage The Holding off from present Repair to Dublin The Refusing to goe presently to Accord without including Odonnell and other his Associates May very well come of an Apprehension in case he should receive hard measure And not out of Treachery So as if the great Person you write of be faithfull And that you have not heard some present Intelligence of present Succours from Spain For the Expectation whereof Tyrone would win time I see no deep Cause of Distrusting this Course of Treaty if the main Conditions may be good For her Majesty seemeth to me to be a Winner thereby 3. wayes First her Purse shall have some Rest Next it will divert the Forein Designes upon the Place Thirdly though her Majesty be like for a time to govern but precariò in the North And be not as to a true Command in better state there than before yet besides the two respects of Ease of Charge and Advantage of Opinion abroad before mentioned she shall have a time to use her Princely policy in 2. points to weaken them The one by Division and Disunion of the Heads The other by Recovering and Winning the People from them by Iustice which of all other Courses is the best Now for the Athenian Question you discourse well Quid igitur agendum est I will shoot my Fools Bolt since you will have it so The Earl of Ormond to be incouraged and comforted Above all Things the Garrisons to be instantly provided for For Opportunity maketh a Theef And if he should mean never so well now yet such an Advantage as the Breaking of her Majesties Garrisons might tempt a true Man And because he may as well waver upon his own Inconstancy as upon Occasion And wanton Variablenesse is never restrained but by Fear I hold it necessary he be menaced with a strong Warr Not by Words but by Musters and preparations of Forces here in case the Accord proceed not But none to be sent over lest it disturb the Treaty and make him look to be over-run as soon as he hath laid away Arms. And but that your Lordship is too easie to passe in such Cases from Dissimulation to Verity I think if your Lordship
loss of the Sense and Matter For this purpose I could not represent to my Self any Man into whose hands I doe more earnestly desire that Work should fall than your Self For by that I have heard and read I know no Man a greater Master in Commanding Words to serve Matter Nevertheless I am not ignorant of the worth of your Labours Whether such as your Place and Profession imposeth Or such as your own Vertue may upon your Voluntary Election take in hand But I can lay before you no other perswasions than either the Work it Self may affect you with Or the Honour of his Majesty to whom it is dedicated Or your Particular Inclination to my Self who as I never took so much comfort in any Labours of mine own so I shall never acknowledge my Self more obliged in any thing to the Labour of another than in that which shall assist it Which your labour if I can by my Place Profession Means Friends Travel Work Deed requite unto you I shall â—steem my Self so streightly bound thereunto as I shall be ever most ready both to take and seek occasion of Thankfulness So leaving it nevertheless Salvâ— amicitiâ as reason is to your own good Liking I remain A Letter to Sir Thomas Bodley upon sending of him his Book of Advancement of Learning I Think no Man may more truly say with the Psalm Multùm Incola fuit Anima mea than my Self For I doe confesse since I was of any Understanding my Minde hath in Effect been absent from that I have done And in Absence are many Errours which I doe willingly acknowledge And amongst the rest this great one that ledd the rest That knowing my Self by inward Calling to be fitter to hold a Book than to play a part I have led my life in Civil Causes For which I was not very fit by Nature and more unfit by the preoccupation of my Minde Therefore calling my Self home I have now for a time enjoyed my Self whereof likewise I desire to make the World partaker My Labours if I may so term that which was the Comfort of my other Labours I have Dedicated to the King Desirous if there be any Good in them it may be as the Fat of a Sacrifice incensed to his Honour And the second Copy I have sent unto you Not onely in good Affection but in a kinde of Congruity in regard of your great and rare desert of Learning For Bocks are the Shrines where the Saint is or is beleeved to be And you having built an Ark to save Learning from Deluge deserve Propriety in any new Instrument or Engine whereby Learning should be improved or advanced A Letter to the Bishop of Ely upon sending his Writing entituled Cogitata Visa MY very good Lord Now your Lordship hath been so long in the Church and the Palace disputing between Kings and Popes Methinks you should take pleasure To look into the Field and refresh your minde with some Matter of Philosophy Though that Science be now through Age waxed a Childe again and left to Boyes and young men And because you were wont to make me beleeve you took liking to my Writings I send you some of this Vacations Fruits And thus much more of my minde and purpose I hasten not to Publish perishing I would prevent And I am forced to respect as well my Times as the Matter For with me it is thus and I think with all Men in my Case If I bind my Self to an Argument it loadeth my Minde But if I rid my Mind of the present Cogitation it is rather a Recreation This hath put me into these Miscellanies which I purpose to suppress if God give me leave to write a just and perfect Volume of Philosophy which I goe on with though slowly I send not your Lordship too much lest it may glutt you Now let me tell you what my Desire is If your Lordship be so good now as when you were the good Dean of Westminster my request to you is That not by Pricks but by Notes you would mark unto me whatsoever shall seem unto you eithâ—r not current in the Stile Or harsh to credit and Opinion Or inconvenient for the Person of the Writer For no Man can be Judge and Party And when our Minds judge by Reflexion of our Selves they are more subject to Error And though for the Matter it self my Judgement be in some things fixed and not Accessible by any Mans Judgement that goeth not my way yet even in those Things the Admonition of a Friend may make me express my Self diâ—versly I would have come to your Lordship but that I am hastening to my House in the Country And so I commend your Lordship to Gods Goodness A Letter to Sir Tho Bodley after he had imparted to him a VVriting entituled Cogitata Visa SIR in respect of my Going down to my House in the Country I shall have misse of my Papers which I pray you therefore â—o return unto me You are I bear you witness Slothfull and you help me nothing So as I am half in conceit that you affect not the Argument For my Self I know well you love and affect I can say no more to you But Non canimns Surdis respondent omnia Sylvae If you be not of the Lodgings chaulked up whereof I speak in my Preface I am but to pass by your Door But if I had you but a Fortnight at Gorhambury I would make you tell me another Tale or else I would add a Cogitation against Libraries and be revenged on you that way I pray send me some good News of Sir Tho Smith And commend me very kindly to him So I rest A Letter to Mr. Matthew upon sending to him a part of Instauratio Magna MR. Matthew I plainly perceive by your affectionate writing touching my Work that one and the same Thing affecteth us both which is the good End to which it is dedicate For as to any Ability of mine it cannot merit that Degree of Approbation For your Caution for Church Men and Church Matters As for any Impediment it might be to the Applause and Celebrity of my Work It moveth me not But as it may hinder the Fruit and Good which may come of a quiet and calm passage to the good Port to which it is bound I hold it a just respect So as to fetch a fair Winde I go not too farr about But the Troth is that I at all have no occasion to meet them in my way Except it be as they will needs confederate themselves with Aristotle who you know is intemperately magnifyed by the School-Men And is also allyed as I take it to the Iesuits by Faber who was a Companion of Loyola and a great Aristotelian I send you at this time the onely part which hath any Harshness And yet I framed to my Self an Opinion that whosoever allowed well of that Preface which you so much commend will not dislike or at least ought not to
within the last Division agreeable to divers presidents whereof I had the Records ready And concluded that your Majesties Safety and Life and Authority was thus by Law inscansed and quartered And that it was in vain to fortify on Three of the sides and so leave you open on the Fourth It is true he heard me in a grave fashion more than accustomed and took a Pen and took notes of my Divisions And when he read the Presidents and Records would say This you mean falleth within your first or your second Division In the end I expresly demanded his Opinion as that whereto both he and I was enjoyned But he desired me to leave the Presidents with him that he might advise upon them I told him the rest of my Fellows would dispatch their part and I should be behinde with mine which I perswaded my Self your Majesty would impute rather to his Backwardness than my Negligence He said as soon as I should understand that the rest were ready he would not be long after with his Opinion For I. S. your Majesty knoweth the day draweth on And my Lord Chancellers Recovery the Season and his Age promising not to be too hasty I spake with him on Sunday at what time I found him in Bed but his Spirits strong and not spent or wearied And spake wholly of your Business leading me from one Matter to another And wished and seemed to hope that hee might attend the day for I. S. and it were as he said to be his last work to conclude his Services and express his Affection towards your Majesty I presumed to say to him that I knew your Majesty would be exceeding desirous of his being present that day so as that it mought be without prejudice to his continuance But that otherwise your Majestie esteemed a Servant more than a Service especially such a Servant Surely in mine Opinion your Majesty were better put off the dayâ— than want his presence considering the Cause of the putting off is so notorioâ—s And then the Capital and the Criminal may come together the next Term. I have not been unprofitable in helping to discover and examine within these few dayes a late Patent by Surreption obtained from your Majesty of the greatest Forest in England worth 30000 l. under Colour of a Defective Title for a matter of 400 l. The Person must be named because the Patent must be questioned It is a great Person my Lord of Shrewsbury Or rather as I think a greater than he which is my Lady of Shrewsbury But I humbly pray your Majesty to know this first from my Lord Treasurer who methinks groweth even studious in your Business God preserve your Majesty Your Majesties most humble and devoted Subject and Servant The rather in regard of Mr. Murray's Absence I humbly pray your Majesty to have a little regard to this Letter A Letter to the King touching my Lord Chancellers Amendment and the putting off of J. S. his Cause February 7. 1614. It may please your excellent Majesty MY Lord Chanceller sent for me to speak with me this Morning about 8. of the clock I perceive he hath now that Signum Sanitatis as to feel better his former weakness For it is true I did a little mistrust that it was but a Boutade of Desire and good Spirit when he promised himself strength for Friday though I was wonn and carried with it But now I finde him well inclined to use should I say your Liberty or rather your Interdict signifyed by Mr. Secretary from your Majesty His Lordship shewed me also your own Letter whereof he had told me before but had not shewed it me What shall I say I doe much admire your Goodness for writing such a Letter at such a time He had sent also to my Lord Treasurer to desire him to come to him about that time His Lordship came And not to trouble your Majesty with circumstances both their Lordships concluded my Self present and concurring That it could be no prejudice to your Majesties Service to put off the day for I. S. till the next Term. The rather because there are Seven of your Privy Council which are at least Numerus and part of the Court which are by Infirmity like to be absent That is my Lord Chanceller my Lord Admiral my Lord of Shrewsbury my Lord of Exceter my Lord Zouch my Lord Stanhope and Mr. Chanceller of the Dutchy wherefore they agreed to hold a Council too morrow in the afternoon for that purpose It is true that I was alwayes of Opinion that it was no time lost And I doe think so the rather because I could be content that the Matter of Peacham were first setled and put to a point For there be perchance that would make the Example upon I.S. to stand for all For Peacham I expect some account from my Fellows this day If it should fall out otherwise then I hope it may not be left so Your Majesty in your last Letter very wisely put in a Disjunctive that the Iudges should deliver an Opinion privately either to my Lord Chanceller or to our Selves distributed His Sickness made the later way to be taken But the other may be reserved with some Accommodating when we see the success of the Former I am appointed this day to attend my Lord Treasurer for a Proposition of Raising Profit and Revenew by Infranchising Copyholders I am right glad to see the Patrimonial part of your Revenew well look'd into as well as the Fiscal And I hope it will so be in other parts as well as this God preserve your Majestie Your Majesties most humble and devoted Subject and Servant A Letter to the King of account of Owens Cause c. 11 February 1614. It may please your excellent Majesty MY Self with the rest of your Counsel Learned confered with my Lord Cooke and the rest of the Iudges of the Kings Bench onely being met at my Lords Chamber concerning the business of Owen For although it be true that your Maiesty in your Letter did mention that the same Course might be held in the Taking of Opinions apart in this which was prescribed and used in Peachams Cause yet both my Lords of the Council and we amongst our Selves holding it in a Case so clear not needfull But rathat it would import a diffidence in us and deprive us of the means to debate it with the Iudges if cause were more strongly which is somewhat we thought best rather to use this Form The Iudges desired us to leave the Examinations and Papers with them for some little time to consider which is a thing they use But I conceive there will be no manner of Question made of it My Lord Chief Iustice to shew forwardness as I interpret it shewed us passages of Suarez and others thereby to prove that though your Majesty stood not Excommunicate by particular Sentence yet by the General Bulls of Coena Domini and others you were upon the matter Excommunicate And
life There were two Indictments preferred of Praemunire for suing in Chancery after Iudgement in Common Law The one by Rich. Glanvile the other by William Allen The former against Courtney the party in Chancery Gibb the Counseller and Deurst the Clark The latter against Alderman Bowles and Humfry Smith parties in Chancery Serjeant More the Counseller Elias Wood Solliciter in the Cause and Sir Iohn Tindall Mr. of the Chancery and an Assessor to my Lord Chanceller For the Cases themselves it were too long to trouble your Majesty with them But this I will say If they were set on that preferred them they were the worst Marks-men that ever were that set them on For there could not have been chosen two such Causes to the Honour and Advantage of the Chancery for the Justness of the Decrees and the Foulness and Scandal both of Fact and person in those that impeach the Decrees The Grand Iury consisting as it seemeth of very Substantial and Intelligent Persons would not finde the Bills Notwithstanding they wâ—re clamoured by â—he parties and twice sent back by the Court And in Conclusion resolutely 17 of 19 found an Ignoramus wherein for that time I think Ignoramus was wiser than those that know too much Your Majesty will pardon me if I be sparing in delivering to you some other Circumstances of Aggravation and of Concurrences of some like Matters the same day as if it had been some Fatal constellation They be not things so sufficiently tryed as I dare put them into your Ear. For my Opinion I cannot but begin with this Preface That I am infinitely sorry that your Majesty is thus put to salve and â—ure not onely Accidents of Time but Errours of Servants For I account this a kinde of Sickness of my Lord Cookes that comes almost in as ill a time as the Sickness of my Lord Chanceller And as I think it was one of the wisest parts that ever he played when he went down to your Majesty to Roiston and desired to have my Lord Chanceller joyned with him So this was one of the weakest parts that ever he played to make all the World perceive that my Lord Chanceller is severed from him at this time But for that which may concern your Service which is my End leaving other Men to their own wayes First my Opinion is plainly that my Lord Cooke at this time is not to be disgraced Both because he is so well habituate for that which remainâ—th of these Capital Causes And also for that which I â—inde is in his Breast touching your Finances and Matters of Repair of your Estate And if I mought speak it as I think it were good his hopes were at an end in some kinde so I could wish they were raised in some other On the other side this great and publick Affront not only to the Reverend and well deserving person of your Chanceller And at a time when he was thought to lye on Dying which was barbarous But to your High Court of Chancery which is the Court of your absolute power May not in my Opinion pass lightly nor end onely in some Formal Attonement But Use is to be made thereof for the setling of your Authority and strengthning of your Praerogative according to the true Rules of Monarchy Now to reconcile and accommodate these two Advices which seem almost opposite First your Majesty may not see it though I conâ—â—ss it be suspicious that my Lord Cooke was any way a â—orehand privy to that which was done Or that he did set it or animate it But onely took the Matter as it came before him And that his Errour was onely that at such a time he did not divert it in some good manner Secondly if it be true as is reported that any of the Puisne Iudges did stirr this Business Or that they did openly revile and menace the Iury for doing their Conscience Aâ— they did honestly and truly I think that Iudge is worthy to leese his place And to be plain with your Majesty I do not think there is any Thing a greater Polychreston or ad multa utile to your Affairs than upon a just and fit Occasion to make some Example against the Presumption of a Iudge in Causes that concâ—rn your Majesty whereby the whole Body of those Magistrates may be contained the better in awe And it may be this will light upon no unfit Subject of a Person that is Rude and that no Man cares for Thirdly if there be no one so much in fault which I cannot yet affirm either way and there must be a just Ground God forbid elâ—e yet I should think that the Very Presumption of Going so far in so high a Cause deserveth to have that done which was done in this very case upon the Indictment of Sergeant Heale in Queen Elizabeths time that the Judges should answer it upon their knees before your Majesty or your Council and receive a sharp Admonition At which time also my Lord Wray being then Chief Iustice slipt the Collar and was forborn Fourthly for the persons themselves Glanvile and Allen which are base Fellowes and turbulent I think there will be discovered and proved against them besides the preferring of the Bil's such Combinations and Contâ—mptuous Speeches and Behaviours As there will be good Ground to call them and perhaps some of their petty Counsellers at Law into the Starre-Chamber In all this which I have said your Majesty may be pleased to observe that I doe not engage you much in the main point of the Iurisdiction For which I have a great deal of Reason which I now forbear But two Things I wish to be done The one that your Maiesty take this occasion to redouble unto all your Iudges your antient and true Charge and Rule That you will endure no Innovating the Point of Iurisdiction But will have every Court empaled within their own Presidents And not assume to themselves new Powers upon Conceits and Inventions of Law The other that in these high Causes that touch upon State and Monarchy your Majesty give them straight Charge that upon any Occasions intervenient hereafter they do not make the Vulgar party to their Contestations by publick Handling them before they have consulted with your Majesty to whom the Reiglement of those things onely appertaineth To conclude I am not without hope that your Majesty managing this Business according to your great Wisdom unto which I acknowledge my Self not to be worthy to be Card-holder or a Candle-holder will make profit of this Accident as a Thing of Gods sending Lastly I may not forget to represent to your Majesty that there is no Thinking of Arraignments untill these Things be somewhat accommodate And some outward and superficial Reconciliation at least made between my Lord Chanceller and my Lord Chief Iustice. For this Accident is a Banquet to all the Delinquents Friends But this is a Thing that falleth out naturally of it Self In respect of the Iudges Going
begun and that upon a good Ground both of Submission and Conformity for the restoring of Doctor Burgis to Preach And I wish likewise that if Graies Inn should think good after he is free from the State to chuse him for their Preacher his Majesty should not be against it For certainly we should watch him well if he should flye forth So as he cannot be placed in a more safe Auditory This may seem a Trifle buâ— I doe assure you I doe scarce know a particular wherein you may open more honest Mouthes to speak Honour of you than this And I doe extremely desire there may be a full Cry from all sorts of People especially the best to speak and to trumpet out your Commendations â— pray you take it to Heart and doe somewhat in it I rest Your devoted and Bounden Servant A Letter to Sir George Villiers of Advice concerning Ireland From Gorhambury to Windsore Iuly 5. 1616. SIR Because I am uncertain whether his Majesty will put to a point some Resolutions touching Ireland now at Windsore I thought it my duty to attend his Majesty by my Letter and thereby to supply my Absence For the Renewing of some former Commissions for Ireland And the Framing of a new Commission for the Wards and the Alienation which appertain properly to me as his Majesties Atturney and have been accordingly referred by the Lords I will undertake that they are prepared with a greater care and better applications to his Majesties Service in that Kingdom than heretofore they have been And therefore of that I say no more And for the Instructions of the new Deputy they have been set down by the two Secretaries and read to the Board And being things of an ordinary nature I doe not see but they may pass But there have been three Propositions and Counsels which have been stirred which seem to me of very great Importance wherein I think my Self bound to deliver to his Majesty my Advice and Opinion if they should now come in Question The first is touching the Recusant Magistrates of the Towns of Ireland and the Commonalties themselves their Electours what shall be done Which Consultation ariseth from the late Advertisements of the two Lords Iustices upon the Instance of the two Towns Limrick and Kilkenny In which Advertisements they represent the Danger only without giving any Light for the Remedy Ratner warily â—or â—â—â—mselves than agreeable to their Duties and places In this point I humbly pray his Majesty to remember that the Refusal is not of the Oath of Allegiance which is not enacted in Ireland but of the Oath of Supremacy which cutteth deep into Matter of Conscience Also that his Majesty will out of the deptâ— of his Excellent Wisdom and Providence think and as it were calculate with himself Whether Time will make more for the Cause of Religion in Ireland and be still more and more propitious Or whether Deferring Remedies will not make the Case more difficult For if Time give his Majesty Advantage what needeth precipitation to extreme Remedies But if Time will make the case more desperate then his Majesty cannot begin too soon Now in my Opinion Time will open and facilitate Things for Reformation of Religion there And not shut up or lock out the same For first the Plantations going on and being principally of Protestants cannot but mate the other party in Time Also his Majesties Care in placing good Bishops and good Divines In amplifying the Colledge there And in looking to the Education of Wards and such like As they are the most Natural Means so are they like to be the most effectual and happy for the Weeding out of Popery without using the Temporal Sword So that I think I may truly conclude that the Ripeness of Time is not yet come Tâ—erefore my Advice is in all Humbleness that this hazardous Course of Proceeding to tender the Oathâ— to the Magistrates of Towns proceed not but dye by degrees And yet to preserve the Autâ—ority and Reputation of the former Council I would have somewhat done which is that there be a proceeding to Seizuâ—e of Liberties But not by any Act of Power but by Quo Warranto or Scire facias which is a Legal Course Anâ— will be the Work of three or four Termes By which time the Matter will somewhat cool But I would not in any case that the Proceedings should be with both Towns which stand now in contempt but with one of them onely choosing that which shall be thought most fit For if his Majesty proceed with both then all the Towns that are in the like case will think it a common Cause And that it is but their Case too day and their own too morrow But if his Majesty proceed but with one the Apprehension and Terrour will not be so strong For they will think it may be their Case to be spared as well as prosecuted And this is the best Advice that I can give to his Majesty in this Streight And of this Opinion sâ—emed my Lord Chanceller to be The Second Proposition is this It may be his Majesty will be moved to reduce the Number of his Council of Ireland which is now almost Fifty to Twenty or the like Number In respect that the Greatness of the Number doth both embase the Authority of the Council and divulge the Business Nevertheless I hold this Proposition to be rather specious and solemn than needfull at this time For certainly it will fill the State full of Discontentment which in a Growing and unsetled Estate ought not to be This I could wish that his Majesty would appoint a select Number of Counsellours there which might deal in the Improvement of his Revenew Being a Thing not fit to pass through too many Hands And the said selected Number should have dayes of Sitting by themselves At which the rest of the Council should not be present which being once setled then other principal Business of State may be handled at those Sittings and so the rest begin to be disused and yet retain their Countenance without Murmur or Disgrace The Third Proposition as it is moved seemeth to be pretty if it can keep promise For it is thus That a Means may be found to re-enforce his Majesties Army by 500 or a 1000 Men And that without any Penny Encrease of Charge And the Means should be that there should be a Commandement of a Local Removing and transferring some Companies from one Province to another whereupon it is supposed that many that are planted in House and Lands will rather leese their Entertainment than remove And thereby new Men may have their Pay and yet the old be mingled in the Country for the Strength therâ—of In this Proposition two things may be feared The one Discontent of those that shall be put off The other that the Companies shall be stuffed with Novices and Tyrones instead of Veterani I wish therefore that this Proposition be well debated ere it be admitted
best So referring all to some time that I may attend you I commit you to Gods best preservation To my Lord of Essex My Lord I Am glad your Lordship hath plunged out of your own business Wherein I must commend your Lordship as Xenophon commended the State of his Country which was this That having chosen the worst Form of Government of all others they governed the best in that kinde Hoc Pace et Veniâ tuâ according to my Charter Now as your Lordship is my Witness that I would not trouble you whilst your own Cause was in hand Though that I know that the further from the Term the better the time was to deal â—or me So that being concluded I presume I shall be one of your next Cares And having communicated with my Brother of some course either to persit the first or to make me some other way Or rather by seeming to make me some other way to perfit the first wherewith he agreed to acquaint your Lordship I am desirous for mine own better satisfaction to speak with your Lordship my self Which I had rather were somewhere else than at Court And as soon as your Lordship well assign me to wait on you And so in c. To Sir Robert Cecil SIR YOur Honour knoweth my Manner is though it be not the wisest way yet taking it for the honestest to doe as Alexander did by his Physician In drinking the Medicine and delivering the Advertisement of Suspition So I trust on and yet do not smother what I hear I doe assure you Sir that by a wise Friend of mine and not factious toward your Honour I was told with asseveration that your Honour was bought by Mr. Coventry for 2000. Angels And that you wrought in a contrary spirit to my Lord your Father And he said further that from your Servants from your Lady from some Counsellours that have observed you in my business he knew you wrought under hand against me The truth of which Tale I doe not believe you know the Event will shew and God will right But as I reject this Report though the Strangeness of my Case might make me credulous so I admit a Conceit that the last Messenger my Lord and your self used dealt ill with your Honours And that VVord Speculation which was in the Queens mouth rebounded from him as a Commendation For I am not ignorant of those little Arts. Therefore I pray trust not him again in my matter This was much to write but I think my Fortune will set me at liberty who am weary of asserviling my Self to every Mans charity Thus I c. To Sir John Stanhope SIR YOur good promises sleep which it may seem now no time to awake But that I doe not finde that any general Kalender of Observation of time serveth for the Court And besides if that be done which I hope by this time is done And that other matter shall be done which we wish may be done I hope to my poor Matter the one of these great Matters may clear the way and the other give the occasion And though my Lord Treasurer be absent whose Health neverthelesse will enable him to be sooner at Court than is expected especially if this hard weather too hard to continue shall relent yet we abroad say his Lordships spirit may be there though his person be away Once I take for a good ground that her Majesties Business ought to keep neither Vacation nor Holyday either in the Execution or in the Care and preparation of those whom her Majesty calleth and usethâ— And therefore I would think no time barred from remembring that with such discretion and respect as appertaineth The Conclusion shall be to put you in minde to maintain that which you have kindly begun according to the Reliaunce I have upon the Sincerity of your Affection and the Soundnesse of your Judgement And so I commend you to Gods preservation To my Lord of Essex It may please your good Lordship I Am very sorry her Majesty should take my Motion to travail in offence But surely under her Majesties Royal Correction it is such an Offence as it should be an offence to the Sun when a Man to avoid the scorching heat thereof flyeth into the shade And your Lordship may â—asily think that having now these twenty years For so long it is and more since I went with Sir Amâ—as Paulett into Fraâ—ce from her Majesties royal Hand I made Her Majesties Service the Scope of my life I shall never finde a greater grief than this Relinquere Amorem Primum But since principia Actionum sunt tantùm in nostrâ potestate I hope her Majesty of her Clemency yea and Justice will pardon me and not force me to pine here with Melancholy For though mine Heart be good yet mine Eyes will be sore So as I shall have no pleasure to look abroad And if I should otherwise be affected her Majesty in her Wisdom will but think me an impudent Man that would face out a disgrace Therefore as I have ever found you my good Lord and true Friend so I pray open the matter so to her Majesty as she may discern the necessity of it without adding hard Conceit to her Rejâ—ction Of which I am sure the latter I nevâ—r deserved Thus c. To the Lord Treasurer It may please your good Lordship I Am to give you humble Tâ—anks for your favourablr opinion which by Mr. Secretaries report I finde you conceive of me for the obtaining of a good place which some of my honourable Friends have wished unto me Nec Opinanti I will use no reason to perswade your Lordships Mediation but this That your Lordship and my other Frends shall in this begg my life of the Queen For I see well the Barr will be my Beer as I must and will use it rather than my poor Estate or Reputation shall decay But I stand indiffâ—rent whether God call me or her Majesty Had I that in possession which by your Lordships onely means against the greatest opposition her Majesty graunted me I would never trouble her Majesty but serve her still voluntarily without pay Neither doe I in this more than obey my Friends Conceits as one that would not be wholly wanting to my Self Your Lordships good opinion doth somewhat confirm me as that I take comâ—ort in above all others Assuring your Lordship that I nâ—vâ—r thought so well of my Self for any one thing as that I have found a fitness to my Tâ—inking in my Self to observe and revereâ— your Vertues For the Continuance whereof in the prolonging of your dayes I will still be your Beadsman And accordingly at this time commend your Lordship to the Divine Protection To Foulk Grevil SIR I Understand of your paines to have visited me For which I thank you My Matter is an endlesse Question I assure you I had said Requiesce anima mea But now I am otherwise put to my psalter Nolite confidere I dare go no