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
the Table the Daily Bread for which we pray is turned to a deadly Snare But I think rather that that was meant of the Treachery of Friends that were participant of the same Table But let us go on It is an Offence my Lords that hath the two Spurs of Offending Spes Perficiendi and Spes Celandi It is easily committed and easily concealed It is an Offence that is Tanquam Sagitta nocte volans It is the Arrow that flies by Night It discerns not whom it hits For many times the Poyson is laid for one and the other takes it As in Sanders Case where the Poysoned Apple was laid for the Mother and was taken up by the Child and killed the Child And so in that notorious case whereupon the Statute of 22º H. 8 Cap. 9º was made where the Intent being to poyson but one or two Poyson was put into a little Veâ—sell of Barm that stood in the Kitchin of the Bishop of Rochesters House Of which Barm Pottage or Gruell was made wherewith 17 of the Bishops Family were Poysoned Nay Divers of the Poor that came to the Bishops Gate and had the broken Pottage in Alms were likewise Poysoned And therefore if any Man will comfort himself or think with himself Here is great Talk of Impoysonment I hope I am safe For I have no Enemies Nor I have nothing that any Body should long for why that is all one For he may sit at Table by one for whom Poyson is prepared and have a Drench of his Cup or of his Pottage And so as the Poet saith Concidit infelix alieno vulnere He may die another Mans Death And therefore it was most gravely and judiciously and properly provided by that Statute That Impoysonment should be High Treason Because whatsoever Offence tendeth to the utter Subversion and Dissolution of Human Society is in the nature of High Treason Lastly it is an Offence that I may truly say of it Non est nostri Generis nec Sanguinis It is Thanks be to God rare in the Isle of Brittanny It is neither of our Country nor of our Church you may find it in Rome or Italy There is a Region or perhaps a Religion for it And if it should come amongst us certainly it were better living in a Wildernesse than in a Court. For the particular Fact upon Overburyâ— First for the Person of Sir Thomas Overbury I knew the Gentleman It is true his Mind was great but it moved not in any good Order yet certainly it did commonly fly at good Things And the greatest Fault that I ever heard by him was that he made his Friend his Idoll But I leave him as Sir Thomas Overbury But then take hiâ— as he was the Kings Prisoner in the Tower And then see how the Case stands In that place the State is as it were Respondent to make good the Body of a Prisoner And if any thing happen to him there it may though not in this Case yet in some others make an Aspersion and a Reflexion upon the State it self For the Person is utterly out of his own Defence His own Care and Providence can serve him nothing He is in Custody and Preservation of Law And we have a Maxime in our Law as my Lords the Iudges know that when a State is in preservation of Law nothing can destroy it or hurt it And God forbid but the like should be for the Persons of those that are in Custody of Law And therefore this was a Circumstance of great Aggravation Lastly to have a Man chaced to Death in such manner as it appears now by Matter of Record For other Privacy of the Cause I know not By Poyson after Poyson first Roseaker then Arsenick then Mercury Sublimate then Sublimate again It is a Thing would astonish Mans Nature to hear it The Poets faign that the Furies had whips and that they were corded with Poysonous Snakes And a Man would think that this were the very Case To have a Man tied to a Poast and to scourge him to Death with Snakes For so may truly be termed Diversity of â—oysons Now I will come unto that which is the Principall That is his Majesties Princely yea and as I may truly term it Sacred proceeding in this Cause Wherein I will first Speak of the Temper of his Iustice and then of the Strength thereof First it pleased my Lord Chief Iustice to let me know That which I heard with great Comfort Which was the Charge â—hat his Majesty gave to Himself first And afterwards to the Commissioners in this Case worthy certainly to be written in Letters of Gold wherein his Majesty did fore-rank and make it his prime Direction that it should be carried without touch to any that was innocent Nay more not onely without Impeachment but without Aspersion which was a most Noble and Princely Caution from his Majesty For Mens Reputations are tender Things And ought to be like Christs Coat without Seam And it was the more to be respected in this Case because it met with two great Persons A Noble Man that his Majesty had favoured and advanced And his Lady being of a Great and Honourable House Though I think it be true that the Writers say that there is no Pomgranate so fair or so sound but may have a perished Kernell Nay I see plainly that in those excelâ—lent Papers of his Majesties own Hand writing Being as so many Beams of Iustice issuing from that Vertue which doth shine in him I say I see it was so evenly carried without prejudiceâ— whither it were a true Accusation of the one part or a Practise of a false Accusation on the other As shewed plainly that his Majesties Judgement was tanquam Tabula Rasa as a clean pair of Tables And his Ear tanquam Ianua aperta As a Gate not side open but wide open to Truth as it should be by little and little discovered Nay I see plainly that at the first till further Light did break forth his Majesty was little moved with the First Tale which he vouchsafeth not so much as the Name of a Tale But calleth it a Rumour which is an Headless Tale. As for the Strength or Resolution of his Majesties Iustice I must tell your Lordships plainly I do not marvell to see Kings thunder out Iustice in Cases of Treason when they are touched Themselves And that they are Vindices Doloris Proprij But that a King should pro Amore Iustitiae onely Contrary to the Tide of his own Affection for the preservation of his People take such Careâ— of a Cause of Iustice That is rare and worthy to be celebrated far and nearâ— For I think I may truly affirm that there was never in this Kingdome nor in any other Kingdome the Bloud of a private Gentleman vindicated Cum tanto Moâ—u Regni or to say better Cum tanto Plausu Regni If it had concerned the King or Prince there could not have been Greater nor
Assistants Nay I assure your Lordships if I should find any main Diversity of Opinion of my Assistants from mine own Though I know well the Iudicature wholy resides in my self yet I think I should have Recourse to the Oracle of the Kings own Judgement before I should pronounce And so much for the temperate use of the Authority of this Court wherein the Health of the Court doth much consist As that of the Body consists in Temperance For the Second Commandement of his Majesty touching staying of Grants at the Great Seale There may be just Cause of Stay Either in the Matter of the Grant Or in the Manner of pâ—ssing the same Out of both which I extract these 6. principall Cases which I will now make known All which neverthelesse I understand to be wholly submitted to his Majesties Will and Pleasure after by me he shall have been informed For if Iteratum Mandatum do come Obedience is better then sacrifice The First Case is where any Matter of Revenew or Treasure or Profit passeth from his Majesty My First Duty shall be to examine whether the Grant hath passed in the due and naturall Course by the Great Officers of the Revenew The Lord Treasurer and Chanceller of the Exchequer And with their privity which if I find it not to be I must presume it to have passed in the dark and by a kind of surreption And will make stay of it till his Majesties pleasure be further known Secondly if it be a Grant that is not meerly vulgar And hath not of Course passed at the Signet by a Fac Simile But needeth Science my Duty shall be to examine whether it hath passed by the Learned Counsell and had their Dockets which is that which his Majesty reades and that leades him And if I find it otherwise although the Matter were not in it self inconvenient yet I hold it Just Cause of Stay for Presidents sake to keep Men in the right way Thirdly if it be a Grant which I conceive out of my little knowledge to be against the Law Of which nature Theodosius was wont to say when he was pressed I said it but I granted it not if it be unlawâ—ull I will call the learned Counsell to it As well him that drew the Book as the Rest or some of them And if we find cause I will enform his Majesty of our Opinion either by my self or some of them For as for the Iudges they are Iudges of Grants past but not of Grants to come except the King call them Fourthly if the Grants be against the Kings Booke of Bounty I am expresly Commanded to stay them untill the King either Revise his Booke in Generall or give Direction in the particular Fiftly if as a Counseller of Estate I do foresee inconvenience to ensue by the Grant in reason of Estate in respect of the Kings Honour Or Discontent or Murmur of the People I will not trust mine own Judgement but I will either acquaint his Majesty with it or the Couâ—sell Table or some such of my Lords as I shall think fit Lastly for Matter of Pardons If it be of Treason Misprision of Treason Murther either expressed or involute by a non Obstante Or of a Pyracy or Premunire or of Fines Or Exemplary punishment in Star-Chamber Or of some other natures I shall by the grace of God stay them untill his Majesty who is the Fountain of Grace may resolve between God and him understanding the Case how far Grace shall abound or superabound And if it be of Persons attainted and Convicted of Burglaryâ— c. Then will I examin whether the Pardons pasâ—ed the Hand of any Justice of Assise Or other Commissioners before whom the Triall was made And if not I think it my duty also to stay them Thus your Lordships see in this Matter of the Seal agreeable to the Commandement I have received I mean to walk in the Light So that Men may know where to find me And this publishing thereof plainly I hope will save the King from a great deal of Abuse And Me from a great deal of Envy When Men shall see that no particular Turn or end leades me but a Generall Rule For the Third Generall Head of his Majesties Precepts concerning Speedy Iustice I am resolved that my Decree shall come speedily if not instantly after the Hearing And my signed Decree pronounced For it hath been a Manner much used of late in my last Lords time oâ— whom I learn much to Imitate and with due reverence to his memory let me speak it Much to avoid That upon the Solemn Full Hearing of a Cause nothing is pronounced in Court But Breviates are required to be made Which I do not dislike in it self in Causes perplexed For I confess I have somwhat of the Cunctative And I am of Opinion that whosoever is not wiser upon Advice then upon the suddain The same Man is no wiser at 50. yeares old then he was at 30. And it was my Fathers ordinary Word You must give me time But yet I find that when such Breviates were taken the Cause was sometimes forgotten a Terme or two And then set down for a New hearing or a Rehearing three or four Termes after Of which kind of Intermission I see no Use And therefore I will promise regularly to pronounce my Decree within few dayes after my Hearing And to sign my Decree at least in the Vacation after the pronouncing For fresh Iustice is the sweetest And besides Iustice ought not to be delayed And it will also avoid all Meanes-making or Labouring For there ought to be no Labouring in Causes but the Labouring of the Counsell at the Barr. Again because Iustice is a Sacred Thing And the end for which I am called to this place And therefore is my way to Heaven And if it be shorter it is never a whit the worse I shall by the grace of God as far as God will give me strength add the Afternoon to the Forenoon And some Fourth night of the Vacation to the Term For the expediting and clearing of the Causes of the Court Only the depth of the Three long Vacations I would reserve in some measure free for Business of Estate And for Studies of Artes and Sciences to which in my Nature I am most inclined There is another Point of true Expedition which resteth much in My self And that is in the Manner of giving Orders For I have seen an Affectation of Dispatch turn utterly to Delay and Lengâ—h For the manner of it is to take the Tale out of the Counsellor at Bar his Mouth and to give a Cursory Order nothing tending or conducing to the end of the Businesse It makes me remember what I heard one say of a Judge that saâ—e in the Chancery That he would make 80. Orders in a Morning out of the way And it was out of the way indeed For it was nothing to the End of the Businesse And this is that which
at last it came to that Modell in which it was committed to the Presse As many Living Creatures do lick their young ones till they bring them to their strength of Limms In the Composâ—ng of his Books he did rather drive at a Masculine and clear Expression than at any Finenes or Affectation of Phrases And would often ask if the Meaning were expressed plainly enough As being one that aâ—counted words to be but subservient or Ministeriall to Matter And not the Principall And if his Stile were Polite it was because he could do no otherwise Neither was he given to any Light Conceits Or Descanting upon Words But did ever purposely and industriously avoyd them For he held such Things to be but Digressions or Diversions from the Scope intended And to derogate from the Weight and Dignity of the Stile He was no Plodder upon Books Though he read much And that with great Iudgement and Rejection of Impertinences incident to many Authours For he would ever interlace a Moderate Relaxation of His Minde with his Studies As Walking Or Taking the Aire abroad in his Coach or some other befitâ—ing Recreation And yet he would loose no Time In as much as upon his First and Immediate Return he would fall to Reading again And so suffer no Moment of Time to Slip from him without some present Improvement His Meales â—ere Refections of the Eare as well as of the Stomack Like the Noctes Atticae or Convivia Deipno-Sophistarum Wherein a Man might be refreshed in his Minde and understanding no lesse then in his Body And I have known some of no mean Parts that have professed to make use of their Note-Books when they have risen from his Table In which Conversations and otherwise he was no Dashing Man As some Men are But ever a Countenancer and Fosterer of another Mans Parts Neither was he one that would appropriate the Speech wholy to Himself or delight to out-vie others But leave a Liberty to the Co-Assessours to take their Turns Wherein he would draw a Man on and allure him to speak upon such a Subject as wherein he was peculiarly Skilfull and would delight to speak And for Himself he contemned no Mans Observations But would light his Torch at every Mans Candle His Opinions and Assertions were for the most part Binding And not contradicted by any Rather like Oracles then Discourses Which may be imputed either to the well weighing of his Sentence by the Skales of Truth and Reason Or else to the Reverence and Estimation wherein he was commonly had that no Man would contest with himâ— So that there was no Argumentation or Pro and Con as they term it at his Table Or if their chanced to be any it was Carried with much Submission and Moderation I have often observed And so have other Men of great Account That if he had occasion to repeat another Mans Words after him he had an use and Faculty to dresse them in better Vestments and Apparell then they had before So that the Authour should finde his own Speech much amended And yet the Substance of it still retained As if it had been Naturall to him to use good Forms As Ovid spake of his Faculty of Versifying Et quod tentabam Scribere Versus erat When his Office called him as he was of the Kings Counsell Learned to charge any Offenders either in Criminals or Capitals He was never of an Insulting or Domineering Nature over them But alwayes tender Hearted and carrying himself decently towards the Parties Though it was his Duty to charge them home But yet as one that looked upon the Example with the Eye of Severity But upon the Person with the Eye of Pitty and Compassion And in Civill Businesse as he was Counseller of Estate he had the best way of Advising Not engaging his Master in any Precipitate or grievous Courses But in Moderate and Fair Proceedings The King whom he served giving him this Testimony That he ever dealt in Businesse Suavibus Modis Which was the way that was most according to his own Heart Neither was He in his time lesse Gracious with the Subject then with his Soveraign He was ever Acceptable to the House of Commons when He was a Member thereof Being the Kings Atturney chosen to a place in Parliament He was allowed and dispensed with to sit in the House which was not permitted to other Atturneys And as he was a good Servant to his Master Being never in 19. years Service as himself averred rebuked by the King for any Thing relating to his Majesty So he was a good Master to his Servants And rewarded their long Attendance with good Places freely when they fell into his Power Which was the Cause that so many young Gentlemen of Bloud and Quality Sought to list themselves in his Retinew And if he were abused by any of them in their Places It was onely the Errour of the Goodnesse of his Nature But the Badges of their Indiscretions and Intemperances This Lord was Religious For though the World be apt to suspect and prejudge Great Wits and Politicks to have somewhat of the Atheist Yet he was conversant with God As appeareth by severall Passages throughout the whole Current of his Writings Otherwise he should have crossed his own Principles which were That a little Philosophy maketh Men apt to forget God As attributing too much to Second Causes But Depth of Philosophy bringeth a Man back to God again Now I am sure there is no Man that will deny him or account otherwise of him but to have been a deep Philosopher And not onely so But he was able to render a Reason of the Hope which was in him Which that Writing of his of the Confession of the Faith doth abundantly testifie He repaired frequently when his Health would permit him to the Service of the Church To hear Sermons To the Administration of the Sacrament of the Blessed Body and Bloud of Christ And died in the true Faith established in the Church of England This is most true He was free from Malice which as he said Himself He never bred nor fed He was no Revenger of Injuries which if he had minded he had both Opportunity and Place High enough to have done it He was no Heaver of Men out of their Places As delighting in their Ruine and Undoing He was no Defamer of any Man to his Prince One Day when a great States-Man was newly Dead That had not been his Friend The King asked him What he thought of that Lord which was gone He answered That he would never have made his Majesties Estate better But he was sure he would have kept it from being wâ—rse Which was the worst he would say of him Which I reckon not amongst his Morall but his Christian Vertues His Fame is greater and sounds louder in Forraign Parts abroad then at home in his own Nation Thereby verifying that Divine Sentence A Prophet is not without Honour save in his own
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
either of private Interest of Meum Tuum or of publick Service And the publick consisteth chiefly either in Voyce or in Office Now it is the First of these Mr. Speaker that I will onely handle at this Time and in this Place And reserve the other two for a Committee Because they receive more Distinction and Restriction To come therefore to the Inconveniences alledged on the other part The first of them is that there may ensue of this Naturalization a surcharge of people upon this Realm of England which is supposed already to have the full charge and content therefore there cannot be an admission of the adoptive without a Diminution of the Fortunes and Conditions of those that are Native Subjects of this Realme A grave Objection Mr. Speaker and very dutifull For it proceedeth not of any unkindness to the Scottish Nation but of a Naturall Fastness to our selves For that Answer of the Virgins Ne forte non sufficiat Vobis Nobis proceeded not out of any Envy or malign humour but out of providence and that originall charity which begins with our selves And I must confess Mr. Speaker that as the Gentleman said when Abraham and Lot in regard of the Greatness of their Families grew pent and straitened it is true that Brethren though they were they grew to difference and to those words Vade iâ— ad Dextram ego ad sinistram c. But certainlyâ— I should never have brought that Example on that side For we see what followed of it How that this Separation ad Dextram and ad Sinistram cauâ—ed the miserable Captivity of the one Brother and the Dangerous though prosperous War of â—he other for hiâ— Rescous and Recovery But to this Objection Mr. Speaker being so weighty and so pâ—incipall I mean to give threâ— severaâ—l Anâ—wers every one oâ— them being to mine understanding by it self sufficient The first is that this Opiniâ—n of the Number of the Scottisâ— Naâ—ion that should be likely to plant themselves here amongst us will be found to be a Thing rather in Conceit then in Event For Mr. Speaker you shall find these plausible Similitudes of a Tree that will thrive the better iâ— it be removed in to the more fruitfull Soyl And of Sheep or Catâ—ell that if they find a Gap or passage open will leave the more barren Pasture and get into the more rich and plentiâ—ull To be but Arguments meerly superficiall and to have no sound Resemblance wiâ—â— the Transplanting or Transferring of Families For the Tree we know by nature as soon as it is set in the better Ground caâ— fasten upon it and take Nutriment from it And a sheep as soon as he gets into the better Pasture what should let him to graze and feed But there longeth more I take it to a Family or particular Person that shall remove from one Nation to another For if Mr. Speaker they have not Stock Means Acquaintance and Custome Habitation Trades Countenance and thâ— like I hope you doubt not but they will starve in the midst oâ— the rich Pasture And are far enough off from grazing at their pleasure And therefore in this Point which is conjectuâ—alâ— Experience is the best Guâ—de For the Time past is a Pattern oâ— the Time to come I think no Man doubteth Mr. Speaker buâ— his Majesties first comming in was as the greatest Spring-tâ—de for the Confluence and Enâ—rance of that Nation Now I woulâ— fain understand in thesâ— four years space and in the Fulness and Strength of the Current and Tide how many Families of the Scottish Men are planted in the Citties Eurroughs and Towns of this Kingdom For I do assure my self that moâ—e then some Persons of Quality about his Majesties Persoâ— here at the Court and in London And some other inferiour Persons that have a Dependancy upon them The Return and Certificate if such a Survey should be made would be of a Number extremely small I report me to all your private knowledges of the places where you inhabit Now Mr. Speaker as I said Si in Ligno viridi ita fit quid fiet in arido I am sure there will be no more such Spring-Tâ—des But you will tell me of a multitude of Families of the Nationâ— in Polonia And if they multiply in a Country so far off how much more here at hand For that Mr. Speaker you must impute it of necessity to some speciall Accident of Time and place that draweth them thither For you see plainly before your eyes that in Germany which is much nearer And in France where they are invited with priviledges And with this very priviledge of Naturalization yet no such Number can be found So as it cannot be either nearness of place or priviledge of Person that is the Cause But shall I tell you Mr. Speaker what I think Of all the places in the world near or far of they will never take that course of life in this Kingdome which they content themselves with in Poland For we see it to be the Nature of all men that they will rather discover Poverty abroad then at home There is never a Gentleman that hath over-reached himself in Expence and thereby must abate his Countenance but he will rather travell and do it abroad then at home And we know well they have good high Stomacks and have ever stood in some terms and Emulation with us And therefore they will never live here except they can live in good fashion So as I assure you Mr. Speaker I am of Opinion that the strife which we now have to admit them will have like Sequele as that Contention had between the Nobility and People of Rome for the admitting of a Plebeian Consul which while it was in Passing was very vehement and mightily stood upon And when the People had obtained it they never made any Plebeian Consul No not in 60. years after And so will this be for many years as I am perswaded rather a Matter in Opinion then in use or effect And this is the First Answer that I give to this main Inconvenience pretended of Surcharge of People The Second Answer which I give to this Objection is this I must have leave to doubt Mr. Speaker that this Realm of England is not yet peopled to the full For certain it is that the Territories of France Italy Flaunders and some parts of Germany do in equall space of Ground bear and contain a far greater Quantity of People if they were mustred by the Poll. Neither can I see that this Kingdom is so much inferiour unto those sorrain Parts in fruitfulness as it is in population which makes me conceive we have not our full charge Besides I do see manifestly among us the Badges and Tokens rather of Scarceness then of Press of People as Drowned Grounds Commons Wastes and the like Which is a plain Demonstration that howsoever there may be an overswelling throng and press of People here about London which is most
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
of Man to which they have not applyed themselves Thereby to insinuate their Untruths and abuses to the World And indeed let a Man look into them and he shall find them the only Triumphant Lies that ever were confuted by Circumstances of Time and Place Confuted by Contrariety in themselves Confuted by the Witness of infinite Persons that live yet and have had particular Knowledge of the Matters But yet avouched with such Asseveration as if either they were fallen into that strange Disease of the Mind which a Wise Writer describeth in these words Fingunt simul creduntque Or as if they had received it as a principall Precept and Ordinance of their Seminaries Audacter calumniare semper aliquid haeret Or as if they were of the Race which in old time were wont to help themselves with Miraculous Lies But when the Cause of this is entred into Namely that there passeth over out of this Realm a number of Eager and Unquiet Schollers whom their own Turbulent and Humourous Nature presseth out to seek their Adventures abroad And that on the other side they are nourished rather in Listening after News and Intelligences and in Whisperings then in any Commendable Learning And after a time when either their Necessitous Estate or their Ambitious Appetites importune them they fall on devising how to do some acceptable service to that side which maintaineth them So as ever when their Credit waxeth Cold with Forrain Princes Or that their Pensions are ill pay'd Or some Preferment is in sight at which they levell Straitwayes out commeth a Libell pretending thereby to keep in life the party which within the Realm is contrary to the State Wherein they are as wise as he that thinketh to kindle a Fire by blowing the dead Ashes When I say a man looketh into the Cause and Ground of â—his plentifull yield of Libells he will cease to marvaile considering the Concurrence which is as well in the Nature of the â—eed as in the travell of Tilling and dressing yea and in the Fitnesse of the Season for the Bringing up of those infectious weeds But to verefie the Saying of our Saviour Non est Discipulus super Magistrum As they have sought to deprave her Majesties Government in her self So have they not forgoâ—ten to do the same in her principall Servants and Counsellers Thinking belike that as the Immediate Invectives against her Majesty do best satisfie the Malice of the Forreiner So the slander and Calumniation of her principall Counsellours agreed best with the Humours of some Male-contents within the Realm Imagining also that it was like they should be more scattered here and freelier dispersed And also should be lesse odious to those Forrainers which were not meerely partiall and passionate who have for the most partâ— in detestation the Traiterous Libellings of Subjâ—cts directly against their Naturall Prince Amongst the Rest in this kind there hâ—th been publisâ—â—d this present year of 1592. a Libel that giveth place to none of the Resâ— in Malice and untruths Though inferior to most of them in penning and Sâ—ile The Authour having chosen the vaine of a Luciâ—nist And yet being a Counterfeit even in that kind The Libell is intitulâ—d A Declaration of the true Causes of the great Troubles presupposed to be intended against the Realm of England And hath a Semblance as if it were bent against the Doings of her Majâ—sties Ancient and Worthy Counsellor the Lord â—urghley Whose Carefuâ—ness and Paines her Majesty hath used in her Counsells and Actions of this Realm for these 34. years space in all dangerous Times And amidst many and mighty practises And with such succâ—sse as our Enemies are put still to their Paper-shot of such Libels as these The memory of whom will remain in this Land when all these Libels shall be extinct and forgotâ—en According to the Scripture Memoria Iusti cum landibus at Impiorum Nomen putrescet But it is more then evident by the parts of the same Book that the Authors Malice was to her Majesty and her Covernment As may especially appear in this That he charged not his Lordship with any particular Actions of his private Life Such power had Truth whereas the Libels made against other Counsellors have principally insisted upon that part â—ut hath only wrested and detorted such Actions of Sate as in Times of his Service have been Mannaged And depraving them hath ascribed and imputed to him the Effects that have followed Indeed to the Good of the Realm and the Honour of her Majesty Though sometimes to the Provoking of the Maliâ—e but Abridging of the Power and Meanes of Desperate and Incorâ—igible Subjects All which Slanders as his Lordship might justly despise Both for their Manifest Vntruths and for the Basenesse and Obscurity of the Authour So neverthelesse according to the Moderation which his Lordship useth in all Things Never claiming the Priviledge of his Authority when it is Question of satisfying the World He hath been content that they be not passed over altogether in Silence Whereupon I have in particular Duty to his Lordship amongst others that do Honour and Love his Lordship And that have â—iligently observed his Actions And in Zeal of Truth collected upon the Reading of the said Libell certain Observations Not in Form of a just Answer lest I should fall into the Error whereof Salomon speaketh thus Answer not a Foole in his own kind least thou also be like him But only to discover the Malice to reprove and convict the Untruths thereof The Points that I have observed upon the Reading of this Libell are these following 1. Of the Scope or Drift of the Libeller 2. Of the present Estate of this Realm of England whether it may be truly avouched to be Prosperous or Afflicted 3. Of the Proceedings against the pretended Catholiques whether they have been Violent or Moderate and necessary 4. Of the Disturbance of the Quiet of Christendom And to what Causes it may be justly imputed 5. Of the Cunning of the Libeller in Palliation of his Malicious Invective against her Majesty and the State with pretence of taxing onely the Actions of the Lord Burleigh 6. Certain true Generall Notes upon the Actions of the Lord Burleigh 7. Of diverse particular Vntruhs and Abuses dispersed through the Libell 8. Of the Height of Impudency that these Men are grown unto in Publishing and Avouching Vntruths with particular Recitall of some of them for an Assay 1. Of the Scope or Drift of the Libeller It is good Advice in dealing with Cautelous and Malicious persons Whose Speech is ever at distance with their Meanings Non quid dixerint sed quò spectârint videndum A Man is not to regard what they affirm or what they hold But what they would convey under their pretended Discovery and what turn they would serve It soundeth strangely in the Eares of an English Man That the Miseries of the present State of England exceed them of former times whatsoever One would
Master of his own Valuation and the least bitten in his Purse of any Nation of Europe Nay even at this Instant in the Kingdome of Spain notwithstanding the Pioners do still work in the Indian Mines the Iesuites most play the Pioners and Mine into the Spaniards Purses And under the Colour of a Ghostly Exhortation contrive the greatest Exaction that ever was in any Realm Thus much in Answer of these Calumniations I have thought good to note touching the present state of England which state is such that whosoever hath been an Architect in the Frame thereof under the Blessing of God and the Vertues of our Soveraign needed not to be ashamed of his Work 3. Of the Proceedings against the pretended Catholiques Whether they have been Violent or Moderate and Necessary I Find her Majesties Proceedings generally to have been grounded upon two Principles The one That Consciences are not to be Forced but to be Wonn and reduced by the Force of Truth by the Aide of Time and the Vse of all good Meanes of Instruction or Perswasion The other That Causes of Conscience when they exceed their Bounds and prove to be Matter of Faction leese their Nature And that Soveraign Princes ought distinctly to punish the Practise or Contempt though coloured with the Pretences of Conscience and Religion According to these two Principles her Majesty at her Comming to the Crown utterly disliking of the Tyranny of the Church of Rome which had used by Terrour and Rigour to seek Commandement over Mens Faiths and Consciences Although as a Prince of great Wisdome and Magnanimity she suffered but the Exercise of one Religion yet her Proceedings towards the Papists was with great Lenity Expecting the good Effects which Time might work in them And therefore her Majesty revived not the Lawes made in 28º and 35º of her Fathers Raign Whereby the Oath of Supremacy mought have been offered at the Kings Pleasure to any Subject though he kept his Conscience never so modestly to himself And the Refusall to take the same Oath without Further Circumstance was made Treason But contrariwise her Majesty not liking to make Windowes into Mens Hearts and Secret Thoughts Except the Abundance of them did overflow into Ouvert and Expresse Acts and Affirmations Tempered her Law so as it restraineth only manifest Disobedience in impugning and impeaching advisedly and ambitiously her Majesties supream pâ—wer And Maintaining and Extolling a Forrain Iurisdâ—ction And as â—or the Oath it was altred by her Majesty into a more gratâ—â—ull Form the Harshâ—esse of the Name and Appellation of Suprâ—â—m Head was removed And the Penalty of the Reâ—usall thereof â—urned into a Disablement to take any Promotion or to exercise any charge And yet that with a Liberty of being Revested therein if any Man shall accept thereof during his Life But after many years Toleration of a Multitude of Factioâ—s Papists When Pius Quintus had Excommunicated her Majâ—sty And the Bill of Excommunication was published in London Whereby her Majesty was in a sort proscribed and all her Subjects drawn upon pain of Damnation from her Obedienâ—e And that therâ— upon as upon a Principall Motive or Preparative followed the Rebellion in the North yet notwithstanding because many of those Evill Humours were by that Rebellion partly purged And that she feared at that time no Forrain Invasion And much lesâ— the Attempts of any within the Realm not backâ—d by some Foâ—rain Succours from without she contented her self to make a Law against that speciall Case of Bringing in or publishing of Bulls or the like Instruments Whereunto was added a Prohibition not upon Pain of Treason but of an Inferiour Degree of â—unishment against bringing in of Agnus Dei's Hallowed Beades and such other Merchandise of Rome As are well known not to be any Essentiall Part of the Roman Religion but only to be used in practise as Love-Tokens to enchant and bewitch the peopleâ— Affections from their Allegeance to their Naturall Soveraign In all other Points her Majesty continuedâ— her former Leniâ—y But when about the 20th year of her Raign she had discovered in the King of Spain an Intention to Invade her Dominions And that a principall Point of the Plot was to prepare a Party within the Realm that mought adhere to the Forrainer And that the Seminaries began to blossome and to send forth dayly Priests and professed Men who should by vow taken at Shrifâ— reconcile her Subjects from her Obedience yea and bind many of them to attempt against her Majesties Sacred Person And thaâ— by the Poyson they spred the Humours of most Papists were altred And that they were no more Papists in Custome but Pâ—pists in Treasonable Faction Then were there New Lawes made foâ— the punishment of such as should submit themselves to Reconcilements or Renunciations of Obedience For it is to be understood that this Manner of Reconcilement in Confession is of the same Nature and Operation that the Bull it self was of with this onely difference That whereas the Bull assoyled the Subjects from their Obedience at once the other doth it one by one And therefore it is both more Secret more Insinuative into the Conscience being joyned with no lesse Matter then an Absolution from Mortall Sin And because it was a Treason carried in the Cloudes and in wonderfull Secresie and came seldome to Light And that there was no Presumption thereof so great as the Recusants to come to Divine Service because it was set down by their Decrees That to come to Church before Reconcilement was to live in Schism but to come to Church after Reconcilement was absolutely Hereticall and Damnable Therefore there were added new Lawes containing a Punishment pecuniary against the Recusants Not to enforce Consciences but to Enfeeble those of whom it rested Indifferent and Ambiguous whether they were reconciled or no For there is no doubt but if the Law of Recusancy which is challeâ—ged to be so Extream and Rigorous were thus qualified That any Recusant that shall voluntarily come in and take his Oath that He or She were never reconciled should immediatly be discharged of the Penalty and Forfeiture of the Law They would be so far from liking well of that Mitigation as they would cry out it was made to entrap them And when notwithstanding all this provision this Poyson was dispersed so secretly as that there was no Meanes to stay it but to restrain the Merchants that brought it in Then was there lastly added a Law whereby such Seditious Priests of the New Erection were exiled And those that were at that time within the Land shipped over And so commanded to keep hence upon Pain of Treason This hath been the Proceeding with that Sort though intermingled not onely with sundry Examples of her Majesties Grace towards such as in her wisdome she knew to be Papists in Conscience and not in Faction But also with an extraordinary Mitigation towards the Offenders in the Highest Degree convicted by Law if they would
a Man that awaketh out of a Fearfull Dream But so it was that not onely the Consent but the Applause and Joy was infinite and not to be expressed thronghout the Realm of England upon this Succession Whereof the Consent no doubt may be truly ascribed to the Clearnesse of the Right But the generall Joy Alacrity and Gratulation were the Effects of differing Causes For Queen Elizabeth although she had the use of many both Vertues and Demonstrations that mought draw and knit unto her the Hearts of her People Yet neverthelesse carrying a Hand Restrained in Gift and strained in Points of Prerogative could not answer the Votes either of Servants or Subjects to a full Contentment especially in her latter Dayes when the Continuance of her Raign which extended to Five and Forty years mought discover in People their Naturall Desire and Inclination towards Change So that a new Court and a new Raign were not to many unwelcome Many were glad and especially those of Setled â—state and Fortunes that the Feares and Incertainties were Over-blown and that the Dye was cast Others that had made their way with the King or offered their Service in the Time of the former Queen thought now the Time was come for which they had prepared And generally all such as had any dependance upon the late Earl of Essex Who had mingled the Secrecyâ— of his own Ends with the Popular pretence of advancing the Kings Title Made account theiâ— Cause was amended Again such as â—ought misdoubt they had given the King any occasion of Distast did continue by their Forwardnesse and Confidence to shew it was but their Fastness to the Former Government And that those Affections ended with the Time The Papists nourished their hopes by collating the Case of the Papists in England and under Queen Elizabeth and the Case of the Papists in Scotland under the King Interpreting that the Condition of them in Scotland was the lesse Grievous And divining of the Kings Government here accordingly Besides the Comforâ— they ministred themselves from the Memory of the Queen his Moâ—her The Ministers and those which stood for the Presbytery thought their Cause had more Sympathy with the Discipline of Scotland then the Hierarchy of England And so took themselves to be a Degree nearer their Desires Thus had every Condition of Persons some Contemplation of Benefit which they promised themselves Over-reaching perhaps according to the Nature of Hope But yet not without some probable Ground of Conjecture At which time also there came sorth in Print the Kings Book entitled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Containing Matter of Instruction to the Prince his Son touching the Ofâ—ice of a King Which Booke falling into every Mans Hand filled the whole Realm as with a good Perfume or Incense before the Kings comming in For being excellently written and having nothing of Affectation it did not only satisfie better then particular Reports touching the Kings Disposition But far exceeded any formall or curious Edict or Declaration which could have been devised of that Nature wherewith Princes in the beginning of their Raignes do use to grace themselves or at least expresse themselves gracious in the Eyes of their People And this was for the generall the State and Constitution of Mens Minds upon this Change The Actions themselves passed in this Manner c. The Rest is wanting A LETTER AND DISCOURSE TO Sir HENRY SAVILL TOUCHING HELPS FOR THE INTELLECTVAL POWERS SIR COming back from your Invitation at Eton where I had refreshed my Self with Company which I loved I fell into a Consideration of that Part of Policy whereof Philosophy speaketh too muchâ— and Lawes too little And that is of Education of Youth Whereupon fixing my mindâ— a while I found strait wayes and noted even in the Discourses of Philosophers which are so large in this Argument a strange Silence concerning one principall Part of that Subject For as touching the Framing and Seasoning of Youth to Morall Vertue As Tolerance of Labours Continency from Pleasures Obedience Honour and the like They handle it But touching the Improvement and Helping of the Intellectuall Powers As of Conceit Mâ—mory and Iudgement they say nothing Whether it were that they thought it to be a Matter wherein Nature onely prevailed Or that they intended it as referred to the severall and Proper Arts which teach the use of Reason and Speech But â—or â—he former of these two Reasons howsoeveâ— it pleaseth them to distinguish of Habits and Powers The Experience is manifest â—nough that the Motions and Faculties of the Wit and Memory may be not onely governed and guided but also confiâ—med and â—nlarged bâ— Custome and Exercise duly applyed As if a Man exercise shootiâ—g he shall not onely shoot nearer the Mark but also draw a stronger Bow And as for the Latter of Comprehending these precepts within the Arts of Logick Rhetorick If it be rightly considered their Office is distinct altogether from this Point For it is no part of the Doctrine of the Use or Handling of an Instrument to teâ—ch how to Whet or grinde the Instrument to give it a sharp edge Or how to quench it or otherwise whereby to give it a stronger Temper Wherefore finding this part of Knowledge not broken I have but tanquam aliud agens entred into it and salute you with it Dedicating it afâ—er the ancient manner first as to a dear Friend And then as to an Apt Person For as much as you have both place to practise it and Judgement and Leysure to look deeper into it then I have done Herein you must call to mind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Though the Argument be not of great Heigth and Dignity neverthelesse it is of great and universall use And yet I do not see why to consider it rightly That should not be a Learning of Heigth which teacheth to raise the Highest and Worthiest Part of the Mind But howsoever that be if the World take any Light and Useâ— by this Writing I will the Gratulation be to the good Friendship and Acquaintance between us two And so I commend you to Gods Divine Protection A DISCOURSE touching HELPS for the INTELLECTUALL POWERS I did ever hold it for an Insolent and unlucky Saying Faber quisque Fortunae suae except it be uttered onely as an Hortative or Spur to correct Sloth For otherwise if it be believed as it soundeth And that a Man entreth into an high Imagination that he can compass and fathom all Accidents And ascribeth all Successes to his Drifts and Reaches And the contrary to his Errours and Sleepings It is commonly seen that the Evening Fortune of that Man is not so prosperous as of him â—hat without slackning of his Industry attributeth much to Felicity and Providence above him But if the Sentence were turned to this Faber quisque Ingenii sui it were somewhat more True and much more Profitable Because it would teach Men to bend themselves to Reform those Imperfections in themselves which now
within the Compasse of any Moderation But theâ—e Things being with us to have an orderly passage under a King who hath a Royall power and approved Judgement And knoweth as well the Measure of Things as the Nature of them It is surely a needlesse Fear For they need not doubt but your Majesty with the advise of your Councell will discern what Things are intermingled like the Tares amongst the wheat which have their Roots so enwrapped and entangled as the one cannot be pulled up without endangering the other And what are mingled but as the Chaffe and the Corn which need but a Fanne to sift and sever them So much therefore for the first Point of no Reformation to be admitted at all For the Second Point that there should be but one form oâ— Discipline in all Churches And that imposed by necessity of a Commandement and prescript out of the word of God It is a Matter Volumes have been compiled of and therefore cannot receive a brief Redargution I for my part do confesse that in Revolving the Scriptures I could never find any such Thing But that God had left the like Liberty to the Church Government as he had done to the Civill Government To be varied according to Time and Place and Accidents which neverthelesse his high and Divine Providence doth order and dispose For all Civil Governments are restrained from God unto the general Grounds of Justice and Manners But the Policies and Forms of them are left Free So that Monarchies and Kingdoms Senates and Seignories Popular States and Communalties are lawfull And where they are planted ought to be maintained inviolate So likewise in Church Matters the Substance of Doctrine is Immutable And so are the generall Rules of Government But for Rites and Ceremonies And for the particular Hierarchies Policies and Disciplines of Churches they be left at large And therefore it is good we return unto the ancient Bounds of Vnity in the Church of God which was One Faith One Baptisme And not one Hierarchy one Discipline And that we observe the League of Christians as it is penned by our Saviour which is in substance of Doctrine this He that is not with us is against us But in Things indifferent and but of circumstance this He that is not against us is with us In these things so as the generall Rules be observed That Christs Flock be fed That there be a Succession in Bishops and Ministers which are the Prophets of the new Testament That â—here be a due and reverent use of tâ—e power of the Keyes That those that preach the Gospel live of the Gospel That all things tend to edification That all things be done in order and with decency And the like The rest is left to the Holy wiâ—dome and Spirituall Discretion of the Master Builders and inâ—eriour Builders in Christs Church As it is excellently alluded by that Father that noted That Christs Garment was without Seam and yet the Churches Gâ—rment was of divers Colours And thereupon setteth down for a Rule In veste varietas sit scissura non fit In which Variety neverthelesse it is a safe and wise Course to follow good Examples and Presidents But then by the Rule of Imitation and Example to consider not onely which are Best but which are the Likeliest as namely the Goverâ—ment of the Church in the purest Times of the first Good Emperours that embraced the Faith For the Times of Persecution before Temporall Princes received our Faith As they were excellent Times for Doctrine and Manners so they be unproper and unlike Examples of outward Government and Policie And so much for this Point Now to the particular Points of Controversies or rather of Reformation Circumstances in the Government of Bishops FIrst therefore for the Government of Bishops I for my part not prejudging the Presidents of other Reformed Churches do hold it warranted by the Word of God and by the Practise of the Ancient Church in the better Times And much more convenient for Kingdoms then Parity of Ministers and Government by Synods But then further it is to be considered that the Church is not now to plant or Build But onely to be proiâ—ed from Corruption And to be repaired and restored in some decayes For it is worth the Noting that the Scripture saith Translato Sacerdotio necesse est ut Legis fiat Translatio It is not possible in respect of the great and neer Sympathy between the State Civill and the State Ecclesiasticall to make so main an alteration in the Church but it would have a perillous operation upon the Kingdoms And therefore it is fit that Controversie be in Peace and Silence But there be two Circumstances in the Administration of Bishops Wherein I confesse I could never be satisfied The one the sole Exercise of their Authority The other the Deputation of their Authority For the First the Bishop giveth Orders alone Excommunicateth alone Iudgeth alone This seemeth to be a Thing almost without Example in good Government and therefore not unlikely to have crept in in the degenerate and corrupt Times We see the greatest Kings and Monarchs have their Councells There is no Temporall Court in England of the Higher sort where the Authority doth rest in one person The Kings Bench Common Pleas and the Exchequer are Benches of a certain Number of Judges The Chancellour of England hath an Assistance of twelve Masters of the Chancery The Master of the Wards hath a Councell of the Court So hath the Chancellour of the Dutchy In the Exchecquer Chamber the Lord Treasurer is joyned with the Chancellour and the Barons The Masters of the Requests are ever more then One. The Iustices of Assise are two The Lord Presidents in the North and in Wales have Councells of divers The Star-Chamber is an Assembly of the Kings Privy Counâ—ell aspersed with the Lords Spirituall and Temporall So as in Courts the principall Person hath ever eitheâ— Colleagues or Assessours The like is to be found in other well governed Common-Wealths abroad where the Iurisdiction is yet more dispersed As in the Court of Parliament of France And in other places No man will deny but the Acts that passe the Bishops Iurisdiction are of as great Importance as those that passe the Civil Courts For Mens Souls are more precious then their Bodies or Goods And so are their Good Names Bishops have their Infirmities have no Exception from that generall Malediction which is pronounced against all Men Living Vae Soli nam si ceciderit c. Nay we see that the fiâ—st Warrant in Spirituall Causes is directed to a Number Dic Ecclesiae which is not so in Temporall Matters And we see that in generall Causes of Church Government there are as well Assemblies of all the Clergy in Councells as of all the States in Parliament Whence should this sole exercise of Jurisdiction come Surely I do suppose and I think â—pon good Ground That Ab Initio non fuit ita
And that the Deans and Chapters were Councells about the Sees and Chairs of Bishops at the first And were unto them a Presbytery or Consistory And intermedled not onely in the Disposing of their Revenues and Endowments but much more in Iurisdiction Ecclesiasticall But it is probable that the Deans and Chapters stuck close to the Bishops in Matters of Profit and the World and would not loose their Hold But in Matters of Jurisdiction which they accounted but Trouble and Attendance they suffered the Bishops to encroach and usurp And so the one continueth and the other is lost And we see that the Bishop of Rome Fas enim ab Hoste doceri And no question in that Church the first Instituâ—ions were excellent performeth all Ecclesiasticall Iurisdiction as in Consistory And whereof consisteth tâ—is Consisâ—ory but of the Parish Priests of Rome which term themselves Cardinals à Cardinibus Mundi Because the Bishop pretendeth to be universall over the whole World And hereof again we see many shadowes yet remaining As that the Dean and Chapter pro formâ chooseth the Bishop which is the Highest Point of Iurisdiction And that the Bishop when he giveth Orders if there be any Ministers casually present calleth them to joyn with him in Imposition of Hands and some other Particulars And therefore it seemeth to me a Thing Reasonable and Religious and according to the first Institution that Bishops in the greatest Causes and those which require a Spirituall Discerning Namely in Ordaining Suspending or Depriving Ministers In Excommunication being restored to the true an proper Use As shall be afterwards touched In sentencing the Validity of Marriages and Legitimations In Iudging Causes Criminous as Symony Incest Blasphemy and the like Should not proceed sole and unassisted Which Point as I understand it is a Reformation that may be planted sine Strepiâ—u without any Perturbation at all And is a Matter which will give strength to the Bishops Countenance to the inferior Degrees of Pelates or Ministers And the better Issue or proceeding to those Causes thaâ— shall pâ—sâ—e And as I wish this strength given to the Bishops by Councell so it is not unworthy your Majesties Consideration whether you sâ—all not think fit to give strength to the generall Councell of your Clergy the Convocation House which was then restrained when the State of the Clergy was thought a Suspected Part to the Kingdome in Regard of their late Homage to the Bishop of Rome Which State now will give place to none in their Loyalty and Devotion to your Majesty For the Second Point which is the Deputation of their Authority I see no perfect and sure Ground for that neither Being somewhat different fâ—om the Examples and Rules of Government The Bishop exerciseth his Iurisdiction by his Chanceller and Commissary Officiall c. We see in all Lawes in the world Offices oâ— Confidence and skill cannot be put over nor exercised by Deputyâ— Except it be especially contained in the Originall Graunt And in that case it is dutifull And for Experience there was never any Chanceller of England made a Deputy There was never any Iudge in any Court made a Deputy The Bishop is a Iudge and of a high Nature whence commeth it that he should deputeâ— Considering that all Trust and Confidence as was said is personall and Inherent And cannot nor ought not be transposed Surely in this again Ab Initio non fuit sic But it is probable that Bishops when they gave themselves too much to the Glory of the World and became Grandees in Kingdomes and great Councellers to Princes then did they deleague their proper Iurisdictions as Things of too inferiour a Nature for their Greatnesse And then after the Similitude and Imitation of Kings and Counts Palatine they would have their Chancellers and Iudges But that Example of Kings and Potentates giveth no good Defence For the Reasons why Kings administer by their Iudges although themselves are Supream Iudges are two The one because the Offices of Kings are for the most part of Inheritance And it is a Rule in all Lawes that Offices of Inheritance are rather Matters that Ground in Interest then in Confidence For as much as they may fall upon Women upon Infants upon Lunaticks and Ideots persons incapable to Execute Iudicature in Person And therefore such Offices by all Lawes might ever be exercised and administred by Delegation The Second Reason is because of the Amplitude of their Jurisdictions Which is a great as either their Birth-right from their Ancestours or their Sword-right from God maketh it And therefore if Moses that was Governer over no great People and those collected together in a Camp And not scattred in Provinces and Cities Himself of an extraordinary Spirit Was neverthelesse not able to suffice and hold out in person to judge the People But did by the advise of Iethro approved from God substitute Elders and Iudges how much more other Kings and Princess There is a Third Reason likewise though not much to the present purpose And that is That Kings either in respect of the Common-wealth or of the Greatnesse of their own Patrimonies are usually Parties in Suites And then their Iudges stand indifferent between Them and the Subject But in the Case of Bishops none of these Reasons hold For first their Office is Elective and for Life and not Patrimoniall or Hereditary An Office meerly of Confidence Science and Qualification And for the Second Reason it is true that their Iurisdiction is Ample and Spacious And that their Time is to be divided between the Labours As well in the Word and Doctrine as in Government and Iurisdiction But yet I do not see supposing the Bishops Courts to be used incorruptly and without any indirect course held to multiply Causes for gain of Fees But that the Bishop might very well for Causes of Moment supply his Iudiciall Function in his own Person For we see before our Eyes that one Chanceller of England dispatcheth the Suites in Equity of the whole Kingdome which is not so much by reason of the Excellency of that Rare Honourable Person which now holdeth the place But it was ever so though more or lesse burdenous to the Suiter as the Chanceller was more or lesse able to give dispatch And if Hold be taken of that which was said before that the Bishops Labour in the Word must take up a principall Part of his Time so I may say again that Matters of State have ever taken up most of the Chancellers Time Having been for the most part Persons upon whom the Kings of this Realm have most relyed for Matters of Councell And therefore there is no Doubt but the Bishop whose Circuit is lesse ample and the Causes in Nature not so multiplying with the Help of References and Certificates to and from fit Persons for the better Ripening of Causes in their mean proceedings And such ordinary Helps incident to Iurisdiction May very well suffice his Office But yet there
is another Help For the Causes that come before him are these Tithes Legacies Administrations and other Testamentary Causes Causes Matrimoniall Accusations against Ministers tending to their Suspension Deprivation or Degrading Simony Incontinency Heresy Blasphemy Breach of the Sabboth And other like Causes of Scandall The first two of these in mine Opinion differ from the Rest That is Tithes and Testaments For those be Matters of profit and in their nature Temporall Though by a Favour and Connivence of the Temporall Iurisdiction they have been allowed and permitted to the Courts Ecclesiasticall The one to the end the Clergy might sue for that that was their Sustentation before their own Iudges And the other in a kind of Piety and Religion which was thought incident to the performance of Dead Mens Wills And surely for these two the Bishop in mine opinion may with lesse danger discharge himself upon his Ordinary Iudges And I think likewise it will fall out that those Suites are in the greatest number But for the rest which require a Spirituall Science and Discretion in respect of their Natureâ— or of the Scandall it were reason in mine Opinion there were no Audience given but by the Bishop Himself He being also assisted as was touched before But it were necessary also he were attended by his Chanceller or some others his Officers being learned in the Civill Lawes for his better Instruction in Points of Formality or the Courses of the Court which if it were done then were there lesse use of the Officials Court Whereof there is now so much Complaint And Causes of the Nature aforesaid being onely drawn to the Audience of the Bishop it would represse frivoulous and Prowling Suites And give a Grave and Incorrupt Proceeding to such Causes as shall be fit for the Court. There is a Third Point also not of Iurisdiction but of Form of Proceeding which may deserve Reformation The rather because it is contrary to the Lawes and Customes of this Land and State which though they do not rule those Proceedings yet may they be advised with for better Directions And that is the Oath ex Officio Whereby Men are enforced to accuse themselves And that that is more are sworn unto Blancks and not unto Accusations and Charges declared By the Law of England no man is bound to accuse himself In the Highest Cases of Treason Torture is used for Discovery and not for Evidence In Capitall Matters no Delinquents Answer upon Oath is required No not permitted In Criminall Matters not Capitall handled in the Star-Chamber And in Causes of Conscience handled in the Chancery for the most part grounded upon Trust and Secrecy the Oath of the Party is required But how Where there is an Accusation and an Accuser which we call Bills of Complaint From which the Complainant cannot vary And out of the Compasse of the which the Defendant may not be examined Exhibited unto the Court and by Processe notified unto the Defendant But to examin a Man upon Oath out of the Insinuation of Fame Or out of Accusations secret and undeclâ—red Though it have some Countenance from the Civill Law yet it is so opposite Ex Diametro to the Sense and Course of the Common-Law as it may well receive some Limitation Concerning the Liturgy the Ceremonies and Subscription FOr the Liturgy great Respect and Heed would be taken least by inveighing against the Dumb Ministery due Reverence be not withdrawn from the Liturgy For though the Gift of Preaching be far above that of Reading Yet the Action of the Liturgy is as High and Holy as that of the Sermon It is said Domus mea Domus Orationis Vocabitur The House of Prayer Not the House of Preaching And whereas the Apostle saith How shall Men call upon him on whom they have not believed And how shall they believe unlesse they hear And how shall they hear without a Preacher It appeareth that as Preaching is the more Originall so Prayer is the more Finall As the Difference is between the Seed and the Fruit For the Keeping of Gods Law is the Fruit of the Teaching of the Law And Prayer or Invocation or Divine Service or Liturgy For these be but Varieties of Termes Is the Immediate Hallowing of the Name of God And the principall work of the first Table And of the great Commandement of the Love of God It is true that the Preaching of the Holy Word of God is the Sowing of the Seed It is the Lifting up of the Brazen Serpent The Ministery of Faith And the Ordinary Means of Salvation But yet it is good to take Example how that the best Actions of the Worship of God may be extolled excessively and superstitiously As the Extolling of the Sacrament bred the Superstition of the Masse The Extolling of the Liturgy and Prayers bred the Superstition of the Monasticall Orders and Oraisons And so no doubt Preaching likewise may be magnified and extolled superstitiously As if all the whole Body of Gods Worship should be turned into an Ear. So as none as I suppose of sound Iudgement will derogate from the Liturgy if the Form thereof be in all parts agreeable to the Word of God The Example of the Primitive Church And that holy Decency which Saint Paul commendeth And therâ—fore first that there be a Set form of Prayer And that it be not lefâ— either to an Extemporall Form or to an Arbitrary Form Secondly that it consist as well of Laudes Hymnes and Thanksgivings as of Petitions Prayers and Supplications Thirdly that the Form thereof be quickned with some shortnesse and Diversities of Prayers and Hymnes and with some Interchanges of the Voyce of the People as well as of the Minister Fourthly that it adimit some Distinctions of Times and Commemorations of Gods principall Benefits as well Generall as particular Fifthly that Prayers likewise be appropriâ—ted to severall Necessities and Occasions of the Church Sixthly that there be a Form lâ—kewise of Words and Liturgy in the Administration of the Sacraments and in the Denouncing of the Censures of the Church and otheâ— Holy Actions and Solemnities These things I think will not be much controverted But for the Particular Exceptions to the Liturgy in form as it now standeth I think divers of them allowing they were Iust yet seem they not to be Weighty Otherwise then that nothing ought to be accounted Light in Matters of Religion and Piety As the Heathen himself could say Etiam vultu sepè laediâ—ur Pietas That the word Priest should not be continued especially with Offence the word Minister being allready made familiar This may be said that it is a good Rule in Translation never to confound that in one word in the Translation which is precisely distinguished in two words in the Original for doubt of Equivocation and Traducing And therefore seeing the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be alwaies distiâ—guished in the Original And the one used for a Sacriâ—icer the orher
the Poets feigned that Orpheus by the vertue and sweetnesse of his Harp did call and assemble the Beasts and Birds of their Nature wild and savage to stand about him as in a Theater Forgetting their Affections of Fierceceness of Lust and of Prey and listening to the Tunes and Harmonies of the Harp and soon after called likewise the Stones and the Woods to remove and stand in order about him which Fable was anciently interpreted of the Reducing and Plantation of Kingdoms when People of Barbarous Manners are brought to give over and discontinue their Customs of Revenge and Blood and of dissolute Life and of Theft and of Rapine And to give Ear to the wisdome of Lawes and Governments whereupon immediately followeth the Calling of Stones for Building and Habitation and of Trees for the seats of Houses Orchards and Enclosures and the like This Work therefore of all other most Memorable and Honourable your Majesty hath now in Hand specially if your Majesty joyn the Harp of David in casting out the Evill Spirit of Superstition with the Harp of Orpheus in casting out Desolation and Barbarisme The second Consequence of this Enterprise is the Avoiding of an Inconvenience which commonly attendeth upon Happy Times and is an evill effect of a good Cause The Revolution of this present Age seemeth to encline to Peace almost generally in these Parts And your Majesties most Christian and vertuous affections do promise the same more specially to these your Kingdomes An effect of Peace in Fruitfull Kingdoms where the stock of People receiving no Consumption nor Diminution by warre doth continually multiply and encrease must in the end be a Surcharge or Overflow of People more then the Territories can well maintain Which many times insinuating a generall Necessity and want of Means into all estates Doth turn Externall Peace into Internall Troubles and Seditions Now what an excellent Diversion of this Inconvenience is ministred by Gods Providence to your Majesty in this Plantation of Ireland wherein so many Families may receive Sustentations and Fortunes And the Discharge of them also out of England and Scotland may prevent many Seeds of Future perturbations So that it is as if a Man were troubled for the Avoidance of water from the place where he hath built his House And afterwards should advise with himself to cast those waters and to turn them into Fair Pools or Streams for pleasure provision or use So shall your Majesty in this Work have a double Commodity In the Avoidance of People here and in Making use of them there The third Consequence is the great Safety that is like to grow to your Majesties Estate in generall by this Act In discomfiting all Hostile Attempts of Forreiners which the Weaknesse of that Kingdome hath heretofore invited Wherein I shall not need to fetch Reasons afar off either for the generall or particular For the generall because nothing is more evident then that which one of the Romans said of Peloponnesus Testudo intra tegumen tuta est The Tortoise is safe within her shell But if she put forth any part of her Body then it endangereth not onely the part that is so put forth but all the Rest. And so we see in Armour if any part be left naked it puts in hazard the whole Person And in the Naturall Body of Man if there be any weak or Affected part it is enough to draw Rheums or Maligne Humours unto it to the Interruption of the Health of the whole Body And for the Particular the Example is too Fresh that the indisposition of that Kingdome hath been a contiâ—â—al Attractive of Troubles and Infestations upon this Estate and though your Majesties Greatnesse doth in some sort discharge this Fear yet with your encrease of Power it cannot be but Envy is likewise encreased The fourth and last Consequence is the great Profit and Strength which is like to redound to your Crown by the working upon this unpolished Part thereof Whereof your Majesty being in the strength of your years are like by the good pleasure of Almighty God to receive more then the First Fruits And your Posterity a growing and Springing Veine of Riches and Power For this Island being another Britain As Britain was said to be another World Is endowed with so many Dowries of Nature considering the Fruitfullnesse of the Soil the Ports the Rivers the Fishings the Quarries the Woods and other Materialls And specially the Race and Generation of Men valiant hard and activeâ— As it is not easie no not upon the Continent to find such Confluence of Commodities if the Hand of Man did joyn with the Hand of Nature So then for the Excelâ—lency of the work in point of Honour Policy Safety and Vtility here I cease For the Means to effect this Work I know your Majesty shall not want the Information of Persons expert and industrious which have served you there and know the Region Nor the Advise of a Grave and Prudent Counsell here which know the Pulses of the Hearts of People and the wayes and Passages of conducting great Actions Besides that which is abâ—ve all which is that Fountain of Wisdome and Universality which is in your self yet notwithstanding in a thing of so publick a Nature it is not amisse for your Majesty to hear variety of Opinion For as Demosthenes saith well The good Fortune of a Prince or State doth sometimes put a good Motion into a Fools Mouth I do think therefore the Means of accomplishing this Work consisteth of two principall Parts The first the Invitation and Encouragement of Vndertakers The second the Order and Policy of the Project it self For as in all Engines of the Hand there is somewhat that giveth the Motion and Force and the rest serveth to guide and govern the same So it is in these Enterprises or Engines of Estate As for the former of these there is no doubt but next unto the Providence and â—inger of God which writeth these Vertuous and Excellent Desires in the Tables of your Majesties Heart your Authority and Affection is Primus Motor in this Cause And therefore the more strongly and fully your Majesty shall declaâ—e your self in it the more shall you quicken and animate the whole proceeding For this is is an Action which as the worthinesse of it doth bear it so the Nature of it requireth it to be carried in some Heighth of Reputation And fit in mine Opinion for Pulpits and Parliaments and all places to ring and resound of it For that which may seem Vanity in some Things I mean Matter of Fame is of great efficacy in this Case But now let me descend to the inferiour Sphears and speak what Cooperation in the Subjects or undertakers may be raiâ—sed and kindled and by what Means Therefore to take plain Grounds which are the surest All Men are drawn into Actions by three Things Pleasure Honour and Profit But before I pursue the three Motives it is fit in this place to
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
Thus having performed that which Duty binds me to I commend you to Gods best preservation Your most devoted and bounden Servant A Letter from the Kings Atturney General to the Master of the Horse upon the sending of his Bill for Viscount August 5. 1616. SIR I send you the Bill â—or his Majestiâ—s Signature reformed according to his Majesties Amendments both in the two places which I assure you were both altered with great Judgement And in the Third place which his Majesty termed a Question onely But he is an idle Body that thinks his Majesty asks an idle Question And therefore his Majesties Questions are to be answered by Taking away the Cause of the Question and not by Replying For the Name his Majesties Will is a Law in those things And to speak Truth it is a well-sounding and Noble Name both here and abroad And being your proper Name I will take it for a good Sign that you shall give Honour to your Dignity and not your Dignity to you Therefore I have made it Viscount Villiers And for your Baronry I will keep it for an Earldom For though the other had been more orderly yet that is as usual and both alike good in Law For Ropers place I would have it by all means dispatched And therefore I marvail it lingreth It were no good manners to take the Business out of my Lord Treasurers hands And therefore I purpose to write to his Lordship if I hear not from him first by Mr. Deckom But if I hear of any Delay you will give me leave especially since the King named me to deal with Sir Iohn Roper my Self For neither I nor my Lord Treasurer can deserve any great thanks of you in this Business considering the King hath spoken to Sir Iohn Roper and he hath promised And besides the thing it self is so reasonable as it ought to be as soon done as said I am now gotten into the Countrey to my House where I have some little Liberty to think of that I would think of and not of that which other Men Hourly break my Head withall as it was at London Upon this you may conclude that most of my Thoughts are of his Majesty And then you cannot be farr off God ever keep you and prosper you I rest alwayes Your true and most devoted Servant A Letter to Sir George Villiers upon the Sending his Patent of Viscount Villiers to be Signed August 12. 1616. SIR I have sent you now your Patent of Creation of Lord Blechley of Blechly and of Viscount Villiers Blechley is your own And I liked the sound of the Name better than Whaddon But the Name will be hid for you will be called Viscount Villiers I have put them both in a Patent after the manner of the Patent of Arms where Baronries are joyned But the chief Reason was because I would avoid double Prefaces which had not been fit Nevertheless Ceremony of Roabing and otherwise must be double And now because I am in the Country I will send you some of my Country Fruits which with me are good Meditations which when I am in the Citty are choaked with Business After that the King shall have watred your new Dignities with his Bounty of the Lands which he intends you And that some other things concerning your means which are now likewise in Intention shall be setled upon you I doe not see but you may think your private Fortunes established And therefore it is now time that you should refer your Actions chiefly to the Good of your Soveraign and your Country It is the life of an Oxe or a Beast alwaies to eat and never to exercise But Men are born especially Christian Men not to cramm in their Fortunes but to exercise their Vertues And yet the other have been the unworthy and â—ometimes the unlucky humour of great Persons in our Times Neither will your further Fortune be the further off For assure your self that Fortune is of a womans Nature that will sooner follow you by slighting than by too much Wooing And in this Dedication of your Self to the Publick I recommend unto you principally that which I think was never done since I was born And which not done hath bred almost a Wilderness and Solitude in the Kings Service which is that you countenance and encourage and advance able and vertuous Men in all Kindes Degrees and Professions For in the time of some late great Counsellours when they bare the Sway able Men were by design and of purpose suppressed And though now since Choice goeth better both in Church and Commonwealâ—h yet Money and Turn-Serving and Cunning Canvises and Importunity prevail too much And in places of Moment rather make Able and Honest Men yours than advance those that are otherwise because they are yours As for Cunning and Corrupt Men you must I know sometimes use them but keep them at a distance And let it appear that you make use of them rather than that they lead you Above all depend wholly next to God upon the King And be ruled as hitherto you have been by his Instructions For that 's best for your Self For the Kings Care and Thoughts concerning you are according to the Thoughts of a great King whereas your Thoughts coâ—cerning your Self are and ought to be according to the Thoughts of a Modest Man But let me not weary you The Summe is that you think Goodness the best part of Greatness And that you remember whence your Rising comes and make return accordingly God ever keep you A Letter to the King touching Sir George Villiers Patent for Baron of Blechley and Viscount Villiers August 12. 1616. It may please your most excellent Majesty I Have sent Sir George Villiers Patent drawn again containing also a Baronry The Name Blechley which is his own And to my Thinking soundeth better than Whaddon I have included both in one Patent to avoid a double Preface and as hath been used in the Patents of Earls of like nature Nevertheless the Ceremony of Roabing and otherwise is to be double as is also used in like case of Earls It resteth that I express unto your Majesty my great Joy in your Honouring and Advancing this Gentleman whom to describe not with Colours but with true Lines I may say this Your Majesty certainly hath found out and chosen a safe Nature a capable Man and honest Will Generous and Noble Affections and a Courage well lodged And one that I know loveth your Majesty unfeignedly And admireth you as much as is in a Man to admire his Sâ—veraign upon Earth Onely your Majesties School wherein he hath already so well profited as in this Entrance upon the Stage being the Time of greatest Danger he hath not committed any manifest Errour will add Perfection to your Majesties comfort and the great Contentment of your People God ever preserve and prosper your Majesty I rest in all Humbleness Your Majesties most bounden and most devoted Subject and Servant A Letter
I rendâ—r you no less kinde Thanks for your aid and Favour towards him than if it had been for my Self Assuring you that this Bond of Alliance shall on my part tye me to give all the Tribute to your good Fortune upon all occasions that my poor Strâ—ngth can yield I send you so required an Abstract of the Lands of Inheritance And one Lease of great value which my Kinsman bringeth with a Note of the Tenures Valews Contents and State truly and perfectly drawen whereby you may perceive the Land is good Land and well countenanced by scope of Acres â—oods and Royalties Though the Total of the Rents be set down as it now goeth without Improvement In which respâ—ct it may somewhat differ from your first Note Out of this what he will assure in Ioincture I leave it to his own kindness For I love not to measure Affection To conclude I doubt not your Daughter mought have married to a better Living but never to a better Life Having chosen a Gentleman bred to all Honesty Vertue and Worth with an Estate convenient And if my Brother or my Self were either Thrivers or Fortunate in the Queens Service I would hope there should be left as great an House of the Cookes in this Gentleman as in your good Friend Mr. Atturney General But sure I am if Scriptures fail not it will have as much of Gods Blessing and Sufficiency is ever the best Feast c. To Sir Robert Cecil at his Being in France It may please your Honourable Lordship I Know you will pardon this my Observance in writing to you empty of matter but out of the fulness of my Love I am sorry that as your time of Absence is prolonged above that was esteemed at your Lordships setting forth So now upon this last Advertisement received from you there groweth an Opinion amongst better than the vulgar that the Difficulties also of your Neâ—otiation are encreased But because I know the Gravity of your Nature to be not to hope lightly it maketh me to despair the less For you are Natus ad Ardua And the Indisposition of the Subject may honour the Skill of the Workman Sure I am â—udgement and Diligence shall not want in your Lordships Self But this was not my purpose Being onely to signifie unto your Lordship my continual and incessant love towards you thirsting after your Return for many respects So I commend you ever to the good preservation of the Divine Majesty Grayes Inne At your Honours Commandement ever and particularly To Sir Robert Cecil My singulâ—r good Lord THe Argument of my Letters to your Lordship rather encreaseth than spendeth It being only the Desire I have to salute you which by your absence is more augmented than abated For me to write your Lordship Occurrences either of Scotish Braggs or Irish Plaints or Spanish Ruffling or Low-Countrey States were besides that it is alienum quiddam from mine own humour To forget to whom I write save that you that know true Advertisements sometimes desire and delight to hear common Reports As we that know but common Reports desire to hear the Truth But to leave such as write to your Fortunes I write to your self in regard of my love to you you being as near to me in Hearts Bloud as in Bloud of Descent This day I had the Contentment to see your Father upon Occasion And methought his Lordships Countenance was not decayed nor his Cough vehement But his Voice was as faint all the while as at first Thus wishing your Lordship a happy and speedy Return I commend you to the Divine Majesty To the Queen It may please your sacred Majesty I Would not fail to give your Majesty my most humble and due Thanks for your Royal choice of such Commissioners in the great Starre-chamber Cause Being persons besides their Honour of such Science and Integrity By whose Report I doubt not but your Majesty will finde that which you have been heretofore enfotmed both by my Lord Keeper and by some much meaner person touching the Nature of that Cause to be true This preparatory Hearing doth already assail me with new and enlarged Offers of Composition which if I had born a minde to have hearkned unto this matter had been quenched long agoe without any benefit to your Majesty But your Majesties Benefit is to me in greater regard than mine own particular Trusting to your Majesties gracious disposition and Royal word that your Majesty will include me in any extraordinary Course of your Soveraign pleasure which your Majesty shall like to take in this Cause The other Man I spoke to your Majesty of may within these two Terms be in the same streights between your Majesties Justice and Mercy that this Man now is if your Majesty be so pleased So most humbly craving pardon for my presuming to seek accesse for these few Lines I recommend your Majesty to the most precious Custody and best preservation of the Divine Majesty Your Majesties most humble and entirely obedient Servant and Subject To the Queen It may please your Majesty IT were great simplicity in me to look for better than that your Majesty should cast away my Letter as you have done Me were it not that it is possible your Majesty will think to find somewhat in it whereupon your displeasure may take hold And so Indignation may obtain that of you which Favour could not Neither mought I in reason presume to offer unto your Majesty dead lines my self being excluded as I am Were it not upon this onely Argument or Subject Namely to clear my self in point of Duty Duty though my State lye buried in the Sands And my Favours be cast upon the Waters And my Honours be committed to the Wind Yet standeth surely built upon the Rock and hath been and ever shall be unforced and unattempted And therefore since the World out of Errour and your Majesty I fear out of Art is pleased to put upon me That I have so much as any Election or Will in this my Absence from Attendance I cannot but leave this Protestation with your Majesty That I am and have been meerly a patient and take my self onely to obey and execute your Majesties will And indeed Madam I had never thought it possible that your Majesty could have so dis-interessed your self of me Nor that you had been so perfect in the Art of forgetting Nor that after a Quintessence of Wormwood your Majesty would have taken so large a Draught of Poppy As to have passed so many Summers without all Feeling of my Sufferings But the onely Comfort I have is this that I know your Majesty taketh Delight and Contentment in executing this Disgrace upon me And since your Majesty can find no other use of me I am glad yet I can serve for that Thus making my most humble petition to your Majesty that in Justice Howsoever you may by strangeness untye or by violence cut Asunder all other Knotts your Majesty would