And becauâ—e they know so much they will not shew them A number of other particulars there are whereof as I have given your Majesty a Tast so the chief of them upon deliberate Advise are set down in writing by the Labour of certain Committees and approbation of the whole House more particularly and lively than I can express them My self having them at the second hand by reason of my Aboad above But this writing is a Collection of theirs who dwell amongst the Abuses of these offenders and Complaints of the People And therefore must needs have a more perfect understanding of all the Circumstances of them It remaineth only that I use a few words the rather to move your Majesty in this cause A few words I say a very few For neither need so great Enormities any aggravating Neither needeth so great Grace as useth of it self to flow from your Majesties Princely Goodness any Artificiall perswading There be two Things onely which I think good to set before your Majesty The one the Example of your most Noble Progenitours Kings of this Realm who from the First King that endowed this Kingdom with the Great Charters of their Liberties untill the last have ordained most of them in their severall Raignes some Laws or Law against this kind of Offenders And specially the Example of one of them That King who for his Greatness Wisdom Glory and Union of severall Kingdoms resembleth your Majesty most both in Vertue and Fortune King Edward the Third who in his time onely made ten seveâ—rall Laws against this Mischief The second is the Example of God himself who hath said and pronounced That he will not hold them guiltless that take his Name in vain For all these great Misdemâ—anours are committed in and under your Majesties Name And therefore we hope your Majesty will hold thâ—m twice guilty that commit these offences Once for the Oppressing of the People And once more for doing it under the Colour and abuse of your Majesties most dreaded and beloved Name So then I will conclude with the saying of Pindarus Optima Res Aqua Not for the Excellency but for the Common use of it And so contrary-wise the Matter of Abuse of Purveyance if it be not the most hainous Abuse yet certainly it is the most common and generall Abuse of all others in this Kingdom It resteth that according to the Command laid upon me I do in all Humbleness present this writing to your Majesties Royall Hands with most humble Petition on the Behalf of the Commons That as your Majesty hath been pleased to vouchsafe your Gracious Audience to hear me speak So you would be pleased to enlarge your Patience to hear this writing read which is more Materiall A Speech used by Sir Francis Bacon in the Lower House of Parliament 5o. Jacobi concerning the Article of generall Naturalization of the Scottish Nation IT may please you Mr. Speaker Preface will I use none but put my Self upon your good Opinions to which I have been accustomed beyond my Deservings Neither will I hold you in suspence what way I will choose But now at the first declare my self that I mean to counsell the House to naturalize this Nation Wherein nevertheless I have a request to make unto you which is of more Efficacy to the purpose I have in Hand then all that I shall say afterwards And it is the same which Demosthenes did more then once in great Causes of Estate make to the People of Athens Vt cum Calculis Suffragiorum sumanâ— Magnanimitatem Reip. That when they took into their Hands the Balls whereby to give their Voices according as the manner of them was They would raise their Thoughts and lay aside those Considerations which their private Vocations and Degrees mought minister and represent unto them And would take upon them Cogitations and Minds agreeable to the Dignity and Honour of the Estate For Mr. Speaker as it was aptly and sharply said by Alexander to Parmenio when upon the Recitall of the great offers which Darius made Parmenio said unto him I would accept these offers were I as Alexander He Turned it upon him again So would I saith he were I as Parmenio So in this cause if an honest English Merchant I do not single out that State in disgrace For this Island ever held it Honourable But onely for an Instance of a private profession If an English Merchant should say Surely I would proceed no further in the union were I as the King It mought be reasonably answered No more would the King were he as an English Merchant And the like may be said of a Gentleman of the Countrey be he never so worthy and sufficient Or of a Lawyer be he never so wise and learned Or of any other particular Condition in this Kingdome For certainly Mr. Speaker if a Man shall be onely or chiefly sensible of those Respects which his particular Vocation and Degree shall suggest and infuse into him And not enter into true and worthy Considerations of Estate he shall never be able aright to give Counsell or take Counsell in this Matter So that if this Request be granted I account the Cause obtained But to proceed to the Matter it self All Consultations do rest upon Questions Comparative For when a Question is De Vero it is simple For there is but one Truth But when a Question is De Bono it is for the most part Comparative For there be differing Degrees of Good and Evill And the best of the Good is to be preferred and chosen And the worst of the Evill is to be declined and avoyded And therefore in a Question of this Nature you may not look for Answers proper to every Inconvenience alledged For somewhat that cannot be specially answered may nevertheless be encountred and over-weighed by matter of greater moment And therefore the Matter which I shall set forth unto you will naturally receive this Distribution of three parts First an Answer unto those Inconveniences which have been alledged to ensue if we should give way to this Naturalization which I suppose you will find not to be so great as they have been made But that much Dross is put into the Ballance to help to make weight Secondly an Encounter against the Remain of those Inconveniences which cannot properly be answered By much greater Inconveniences which we shall incur if we do not proceed to this Naturalization Thirdly an Encounter likewise but of another Nature That is by the gain and benefit which we shall draw and purchase to our selves by proceeding to this Naturalization And yet to avoid Confusion which evermore followeth of too much Generality it is necessary for me before I proceed to perswasion to use some Distribution of the Points or Parts of Naturalization Which certainly can be no better nor none other than the ancient Distribution of Ius Civitatis Ius Suffragii vel Tribus and Petitionis sive Honorum For all Ability and Capacity is
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
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
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
Seal and against the Consumption of the Means and estate which was speedy Iustice. Bis dat qui citò dat The fourth was that Iustice might passe with as easie charge as mought be And that those same Brambles that grow about Iustice of needlesse Charge and Expence And all manner of Exactions mought be rooted out so far as mought be These Commandements my Lords are Righteous And as I may term them Sacred And therefore to use a Sacred Form I pray God blesse the King for his great care over the Iustice of the Land And give me his poor Servant Grace and Power to observe his Precepts Now for a Beginning towards it I have set down and applied particular Orders to every one of these four Generall Heads For the Excesse or Tumour of this Court of Chancery I shall divide it into five Natures The first is when the Court doth embrace or retain Causes both in Matter and Circumstance meerly Determinable and Fit for the Common Law For my Lords the Chancery is ordained to supply the Law and not to subvert the Law Now to describe unto you or delineate what those Causes are and upon what differences that are fit for the Court were too long a Lecture But I will tell you what Remedy I have prepared I will keep the Keyes of the Court my self and I will never refer any Demurrer or Plea tending to discharge or dismisse the Court of the Cause to any Mr. of the Chancery But judge oâ— itâ— my self or at least the Mr. of the Rowles Nay further I will appoint regularly that on the Tuesday in every week which is the Day of Orders first to hear all Motions of that Nature before any other That the Subject may have his Vale at first without further attending And that the Court do not keep and accumulate a Miscellany and Confusion of Causes of all Natures The sâ—cond Point concerneth the time of the Complaint And the late Commers into the Chancery which stay till a Iudgement be passed against them at the Common Law and then complain Wherein your Lorships may have heard a great Ratâ—le and a Noyse of a Premunire and I cannot tell what But that Question the King hath setled according to the ancient presidentâ— in all times continued And this I will say that the Opinion not to relieve any Case afâ—er Iudgement would be a guilty Opinion Guilty of the Ruine and Naufrage and perishing of infinite Subjects And as the King found it well out why should a Man fly into the Chancery before he be Hurt The whole need not the Physician but the sick But My Lords the Power would be preserved but then the Practise would be moderate My Rule shall be therefore that in Case of Complaints after Iudgement except the Iudgements be upon Nihil dicit which are but Disguises of â—udgement Obtained in Contempt of a preceding Order of this Court yea and after Verdicts also I will have the Party Complainant enter into good Boâ—d to prove his Suggestion So that if he will be relieved against a Iudgement at Common Law upon Matter of Equity He shall do it Tanquam in Vinculis at his Perill The Third Point of Excesse may be the over Frequent and Facile Granting of Injunctions for the staying of the Common Lawes Or the Altering Possessions wherein these shall be my Rules I will grant no Injunction mereely upon Priority of suit That is to say Because this Court was first possessed A Thing that was well reformed in the late Lord Chancellers time but used in Chanceller Broomeleyes time Insomuch as I remember that Mr. Dalton the Councellor at Law put a Pasquill upon the Coâ—rt in Nature of a Bill For seeing it was no more but My Lord the Bill came in on Munday and the Arrest at Common Law was on Tuesday I pray the Injunction upon Priority of Suite He caused his Clâ—ent that had a Loose Debteâ— to put a Bill into the Chancery bâ—forâ— the Bond due to him was forfeited to desire an Order that he might have his Money at the Day Because he would be sure to be before the other I do not mean to make it a Matter of an Horse-Race or Poasting who shall be first in Chancery or in Courts of Law Neither will I grant an Injunction upon Matâ—er conâ—ained in the Bill only be it never so smooth and Specious But upon Matter confessed in the Defendants Answer Or Matter pregnant in Writing or of Record Or upon Contempt of the Defendant in not Appearing or not Answering or Trifling with the Court by insufficient Answering For then it may be thought the Defendant stands out upon purpose to get the start at the Common Law And so take Advantage of his own Contempt which may not be suffered As for Injunctions for possession I shall maintaine possessions as they were at the time of the Bill exhibited And for the space of a year before Except the possession were gotten by Force or by any Trick Neither will I alter Possession upon Interlocutory Orders untill a Decree Except upon Matter plainly confessed in the Defendants Answer joyned with a plain Disability and Insolvency of the Defendants to answer the Profits As for taking the Possession away in respect of Contempts I will have all the proceedings of the Court spent first and a Sequestration of the Profits before I come to an Injunction The Fourth Part of Excesse is concerning the Communicating of the Authority of the Chanceller too far And making upâ—n the matter too many Chancellors by relying too much upon Reports of the Masters of the Chancery as concludent I know my Lords the Masters of the Chancery are Reverend Men And the great Mass of Businesse of the Court cannot be sped without them And it is a Thing the Chanceller may soon fall into for his own Ease to rely too much upon them But the Course that I will take generally shall be this That I will make no Binding Order upon any report of the Masters without giving a seven nights day at the least to shew cause against the Report which nevertheless I will have done modestly with due reverence towards them And again I must utterly discontinue the Making of an Hypotheticall or Conditionall Order That if a Master of the Chancery do certifie thus that then it is Ordered without further Motion For that is a Surprise and gives no time for Contradiction The last Point of Excesse is If a Chanceller shall be so much of himself as he should neglect Assistance of Reverend Iudges in Cases of Difficulty especially if they touch upon Law or Calling them shall do it but Pro formâ tantùm and give no due respect to their Opinions Wherein my Lords preserving the Dignity and Majesty of the Court which I count rather increased then diminished by grave and due Assistance I shall never be found so Soveraign or abundant in mine own sense but I shall both desire and make true use of
as was said to do some service to Don Antonio But in truth to continue Lopez Negotiation and Intelligences with the King of Spain which he handled so well as at his Return hither for the comforting of the said Lopez he brought to him from the King besides thanks and words of encouragement and an Abrazo which is the Complement of Favour a very good Jewell garnished with sundry stones of good value This Jewell when Lopez had accepted he cunningly cast with himself That if he should offer it to her Majesty first He was assured she would not take it Next that thereby he should lay her asleep and make her Secure of him for greater Matters According to the saying Fraus sibi fidem in parvis praestruit ut in magnis opprimat which accordingly he did with Protestations of his Fidelity And her Majesty as a Princesse of Magnanimity not apt to fear or suspicion returned it to him with Gracious words After Lopez had thus abused her Majesty and had these Trialls of the Fidelity of Andrada they fell in conference the matter being first moved by Andrada as he that came freshly out of Spain touching the empoysoning of the Queen Which Lopez who saw that Matter of Intelligence without some such particular service would draw no great Reward from the King oâ— Spain such as a Man that was not Needy but wealthy as hâ— was coulâ— find any Tast in assented unto And to that purpose procured again this Andrada to be sent over As well to â—dvertise and asâ—ure this Matter to the King of Spain and hiâ— Ministers Namely to the Count de Fuentes Assistant to the Generall of the King of Spains Forces in the Low Countries as also to capitulate and â—ontract with him about the Certainty of hiâ— Rewardâ— Andrada having received those Instructions and beâ—ing furnished with money by Lopez procurement from Don Antonio about whose service his Employment was believed to be Went over to Calais Where he remained to be near unto England and Flandeâ—s Having a Boy that ordinarily passed to and fro between him and Lopez By whom he did also the better to colour his Employment write to Lopez Intelligence as it was agreed he should between him and Lopez Whâ— bad him send such Nâ—ws as he should take up in the Streets From Calais he writeth to Count de Fuentes of Lopez Promise and Demands Upon the Receipt of which Letters after some Time taken to advertise this Proposition into Spain And to receive direction thereupon The Count de Fuentes associated with Stâ—â—phano Ibarra Secretary of the Councell of the Wars in the Low Countries calleth to â—im one Manuel Louys Tinoco a Portugese who had also followed King Antonio and of whose good Devotion he had had Experience in that he had conveyed unto him two severall Packets wherewith he was trusted by the King Antonio for France Of this Louys they first received a Corporall Oath wiâ—h solemn Ceremony taking his Hands between their Hands that he should keep secret that which should be imparted to him And never reveal the same though he should be apprehended and questioned here This done they acquâ—int him with the Letters of Andrada with whom they charge him to conferre at Calais in his way and to passe to Lopez into England Addressing him further to Stephano Ferrera de Gama And signifying unto the said Lopez withall as from the King that he gave no great credence to Andrada as a person too sleight to be usâ—d in a Cause of so great weight And therefore marvelled much that he heard nothing from Ferrera of this Matter From whom he had in former time been advertised in generality of Lopez good affection to do him service This Ferrera had been sometimes a Man of great Livelyhood and wealth in Portugall which he did forego in adhering to Don Antonio And appeareth to be a Man of a Capacity and practise But hath some years since been secretly won to the service of the King of Spain not travelling neverthelesse too and fro but residing as his Leiger in England Manuel Louys dispatched with these Instructions and with all affectionate commendations from the Count to Lopez And with Letters to Ferrera Took his Journey first to Calais where he conferred with Andrada Of whom receiving more ample Information together with a short Ticket of Credence to Lopez that he was a Person whom he mought trust without scruple came over into England And first repaired to Ferrera and acquainted him with the State of the Businesse who had before that time given some Light unto Lopez that he was not a stranger unto the Practise between him and Andrada wherewith indeed Andrada had in a sort acquainted him And now upon this new Dispatch and Knowledge given to Lopez of the choise of Ferrera to continue that which Andrada had begun He to conform himself the better to the satisfaction of the King of Spain and his Ministers abroad was content more fully to communicate with Ferrera with whom from that time forward he meant singly and apertly to deal And therefore cunningly forbare to speak with Manuel Louys himself but concluded that Ferrera should be his only â—runk and all his Dealings should pass through his Hands thinking thereby to have gone Invisible Whereupon he cast with Himself that it was not safe to use the Mediation of Manuel Louys who had been made privy to the matter as some base carrier of Letters which Letters also should be written in a Cyphar Not of Alphabet but of Words Such as mought if they were opened import no vehement suspicion And therefore Manuel Louys was sent back with a short Answerâ— And Lopez purveied himself of a base Fellow a â—ortugeze called Gomes d' Avila dwelling hard by Lopez House â—o convey his Letters After this Messenger provided it was agreed between Lopez and Ferrera that Letters should be sent to the Count de Fuentes and Secretary Iuarra written and signed by Ferrera â—or Lopez cautelously did forbear to write himself but directed and indeed dictated word by word by Lopez himself The Contents thereof were That Lopez was ready to execute that Service to the King which before had been treated but required for his Recompence the sum of 50000. Crowns and assurance for the same These Letters were written obscurely as was touched in Termes of Merchandise To which Obscurity when Ferrera excepted Lopez answered They knew his meaning by that which â—ad passed before Ferrera wrote also to Manuel Louys but charged this Gomez to deliver the same Letters unto him in the presence of Iuarra As also the Letter to Iuarra in the presence of Manuel Louys And these Letters were delivered to Gomez d' Avila to be carried to Bruxells And a Pasport procured and his charges defrayed by Lopez And Ferrera the more to approve his Industry writ Letters two severall times The one conveyed by Emanuel Palacios with the privity of Lopez to Christofero Moro a principall Counseller of the King of
constantly affected As may well appear by my sundry Labours from time to time in the same For I hold it a worthy character of your Majesties Reign and Times Insomuch as though your Majesty mought have at this time as is spoken a great Annual Benefit for the Quitting of it yet I shall never be the Man that should wish your Majesty to deprive your Self of that Beatitude Beatius est dare quam accipere In this cause But to sacrifice your profit though as your Majesties State is it be precious to you to so great a Good of your Kingdom Although this Project is not without a Profit immediate unto you by the encreasing of Customes upon the materials of Dyes But here is the Case The New Company by this Patent and Privy Seal are to have two Things wholly diverse from the first Intention Or rather Ex Diametro opposite unto the same which nevertheless they must of necessity have or else the Work is overthrown So as I may call them Mala Necessaria but yet withall Temporarie For as Men make Warr to have Peace so these Merchants must have license for Whites to the end to banish Whites And they must have license to use Teyntours to the end to banish Teyntours This is therefore that I say your Majesty upon these two points may justly and with honour and with preservation of your first Intention inviolate demand Profit in thâ— Interim as long as these unnatural points continue and then to cease For your Majesty may be pleased to observe that they are to have all the Old Companies Profit by the Trade of Whites They are again to have upon the proportion of Cloathes which they shall vent died and dressed the Flemmings profit upon the Teyntour Now then I say As it had been too good Husbandry for a King to have taken profit of them if the Project could have been effected at once as was voiced So on the other side it might be perchance too little Husbandry and Providence to take nothing of them for that which is meerly lucrative to them in the mean time Nay I say further this will greatly conduce and be a kinde of Security to the End desired For I alwayes feared and doe yet fear that when Men by condition Merchants though never so honest have gotten into their Hands the Trade of Whites and the Dispensation to Teyntour wherein they shall reap profit for that which they never sowed But have gotten themselves Certainties in respect of the States hopes They are like enough to sleep upon this as upon a Pillow And to make no haste to goe on with the rest And though it may be said that that is a thing will easily appear to the State yet no doubt means may be devised and found to draw the Business in length So that I conclude that if your Majesty take a profit of them in the Interim considering you refuse profit from the Old Company it will be both Spurr and Bridle to them to make them Pace aright to your Majesties End This in all humbleness according to my vowed Care and Fidelity being no Mans Man but your Majesties I present leave and submit to your Majesties better Judgement And I could wish your Majesty would speak with Sir Thomas Lake in it who besides his good Habit which he hath in business beareth methinks an indifferent Hand in this particular And if it please your Majesty it may proceed as from your Self and not as a Motion or Observation of mine Your Majesty need not in this to be streightned in time As if this must be demanded or treated before you sign their Bill For I foreseeing this and foreseeing that many things mought fall out which I could not foresee have handled it so as with their good Contentment there is a Power of Revocation inserted into their Patent And so commending your Majesty to Gods blessed and precious Custody I rest Your Majesties most humble and devoted Subject and Servant A Letter to Sir George Villiers touching Ropers place January 22. 1615. SIR Sending to the King upon Occasion I would not fail to salute you by my Letter which that it may be more than two lines I add this for News That as I was sitting by my Lord Chief Iustice upon the Commission for the Indicting of the Great Person One of the Iudges asked Him whether Roper were dead He said He for his part knew not Another of the Iudges answered It should concern you my Lord to know it Whereupon he turned his Speech to me aud said No Mr. Atturney I will not wrastle now in my latter times My Lord said I you speak like a wise Man Well saith he they have had no luck with it that have had it I said again Those dayes be past Here you have the Dialogue to make you merry But in sadness I was glad to perceive he meant not to contest I can but honour and love you and rest Your assured Friend and Servant A Letter to the King advising how to break off with the New Company February 3. 1615. It may please your excellent Majesty I Spake yesternight long with my Lord Cooke And for the Rege inconsulâ—o I conceive by him it will be An ampliùs deliberandum censeo as I thought at first so as for the present your Majesty shall not need to renew your Commandement of Stay I spake with him also about some Propositions concerning your Majesties casual Revenew wherein I found him to consent with me fully Assuming nevertheless that he had thought of them before But it is one Thing to have the Vapour of a Thought Another to digest Business aright He on his part imparted to me diverse Things of great weight concerning the Reparatâ—on of your Majesties Means and Finances which I heard gladly Insomuch as he perceiving the same I think was the readier to open himself to me in one Circumstance which he did much inculcate I concurr fully with him that they are to be held secret For I never saw but that Business is like a Child which is framed invisibly in the Wombe And if it come forth too soon it will be abortive I know in most of them the Prosecution must rest much upon my Self But I that had the Power to prevail in the Farmers Case of the French Wines without the help of my Lord Cooke shall be better able to goe through these with his help the ground being no less just And this I shall ever add of mine own that I shall ever respect your Majesties Honour no less than your Profit And shall also take care according to my pensive manner that that which is good for the present have not in it hidden Seeds of future Inconveniences The Matter of the New Company was referred to me by the Lords of the Privâ— Council wherein after some private Speech with Sir Lionel Cranfield I made that Report which I held most agreeable to Truth and your Maiesties Service If this New
Attractive to the Ambition of the Couucel of Spain who by former experience know of how tough a Complexion this Realm of England is to be asâ—ailed And therefore as Rheumes and Fluxes of Humours is like to resort to that part which is weak and distempered And lastly it is famous now and so will be many Ages hence how by these two Sea-Journey's we have braved him and objected him to scorn so that no Bloud can be so frozen or mortified But must needs take Flames of Revenge upon so mighty Disgrace So as this Concurrence of Occurents all since our last Assembly some to deliver and free our enemies some to advance and bring him on his way some to tempt and allure him some to spur on and provoke him cannot but threaten an encrease of our Perill in great Proportion Lastly Mr. Speaker I will but reduce to the Memory of this House one other Argument for ample and large providing and supplying Treasure And this it is I see Men do with great Alacrity and Spirit proceed when they have obtained a course they long wished for and were restrained from My self can remember both in this Honourable â—ssembly and in all other places of this Realm how forward and affectionate men were to have an Invasive War Then we would say A Defensive War was like eating and consuming Interest And needs we would be Adventurers and Assailants Habes quod totâ mente petisti Shall we not now make it good especially when we have tasted so prosperous Fruit of our Desires The first of these Expeditions Invasive was atchieved with great Felicity ravished a strong and famous Port in the Lap and Bosome of their high Countries Brought them to such Despair as they fired themselves and their Indian Fleet in Sacrifice as a good Odour unto God for the great and Barbarous Cruelties which they have committed upon the poor Indians whither that Fleet was sayling Disordred their Reckonings so as the next News we heard of was nothing but protesting of Bills and Breaking credit The second Journey was with notable Resolution born up against Weather and all Difficulties And besides the success in amusing him and putting him to infinite charge sure I am it was like a Tartars or Parthians Bow which shooteth backward And had a most strong and violent effect and Operation both in France and Flaunders so that our Neighbours and Confederates have reaped the Harvest of it And while the Life Bloud of Spain went inward to the Heart the outward Limmes and Members trembled and could not resist And lastly we have a perfect account of all the Noble and good Bloud that was carried forth And of all our Sea-walls and good Shipping without Mortality of Persons wreck of Vessels or any manner of Diminution And these have been the happy Effects of our so long and so much desired Invasive War To conclude Mr. Speaker therefore I doubt not but every Man will consent that our Gift must bear these two Marks and Badges The one of the Danger of the Realm by so great a Proportion since the last Parliament encreased The other of the satisfaction we receive in having obtained our so earnest and ardent Desire of an Invasive War A Speech made by Sir FRANCIS BACON Knight chosen by the Commons to present a Petition touching Purveyors delivered to his Majesty in the with-drawing Chamber at White-Hall in the Parliament held â—o. 2o. Iacobi the first Session IT is well known to your Majesty excellent King that the Emperours of Rome for their better Glory and Ornament did use in their Titles the Additions of the Countries and Nations where they had obtained victories As Germanicus Britannicus the like But after all those Names as in the higher place followed the Name of Pater Patriae as the greatest Name of all human Honour immediatly preceding that Name of Augustus whereby they took themselves to expresse some Affinity that they had in respect of their Office with Divine Honour Your Majesty mought with good reason assume to your self many of those other Names As Germanicus Saxonicus Britannicus Francicus Danicus Gothicus and others as appertaining to you Not by Bloud-shed as they bare them but by Bloud your Majesties Royall Person being a noble confluence of streams and veynes wherein the Royall Bloud of many Kingdoms of Europe are met and united But no Name is more worthy of you nor may more truly be ascribed unto you then that Name of Father of your people which you bear and express not in the Formality of your stile but in the reall Course of your Government We ought not to say unto you as was said to Caesar Iulius Quae miremur habemus quaelaudemus expectamus That we have already wherefore to admire you And that now we expect somewhat for which to commend you For we may without suspicion of Flattery acknowledge that we have found in your Majesty great Cause both of Admiration and Commendation For great is the Admiration wherewith you have possessed us since this Parliament began in those two Causes wherein we have had accesse unto you and heard your Voice That of the return of Sr. Francis Goodwine And that of the Union Whereby it seemeth unto us The one of these being so subtile a Question of Law And the other so high a Cause of Estate That as the â—cripture â—aith of the wisest King That his Heart was as the Sands of the Sea which though it be one of the largest and vastest Bodies yet it consisteth of the smallest Moates and Portions So I say it appeareth unto us in these two examples that God hath given your Majesty a rare sufficiency both to compasse and fathome the greatest matters and to discern the least And for matter of Praise and Commendation which chiefly belongeth to Goodness we cannot but with great thankfulness profess That your Majesty within the Circle of one Year of your Raign infra Orbem Anni Vertentis hath endeavoured to unite your Church which was divided To supply your Nobility which was diminished And to ease your People in Cases where they were burthened and oppressed In the last of these your high Merits That is the Ease and Comfort of your People Doth fall out to be comprehended the Message which I now bring unto your Majestie concerning the great Grievance arising by the manifold Abuses of â—urveyors Differing in some Degree from most of the things wherein we deale and consult For it is true that the Knights Citizens and â—urgesses in Parliament assembled are a Representative Body of your Commons and Third Estate And in many matters although we apply our selves to perform the trust of those that choose us yet it may be we do speak much out of our own Senses and Discourses But in this Grievance being of that Nature whereunto the poor People is most exposed and Men of Quality less we shall most humbly desire your Majesty to conceive That your Majesty doth not hear our Opinions
the Exclusion of his Subjects from that Trade As a Prince that would not acknowledge that any such Right could grow to the Crown of Spain by the Donative of the Pope whose Authority he Disclaimeth Or by the Title of a dispersed and punctuall Occupation of certain Territories in the name of the rest But stood firm to reserve that point in full Question to further Times and occasions So as it is left by the Treaty in Suspence neither debarred nor permitted The Tenderness and Point of Honour whereof was such as they that went thither must run their own Perill Nay further his Lordship affirmed That if yet at this time his Majesty would descend to a Course of Entreaty for the release of the Arrests in those parts And so confess an Exclusion And quit the point of Honour his Majesty mought have them forthwith released And yet his Lordship added That the Offences and Scandalls of some had made this point worse then it was In regard that this very last Voyage to Virginia intended for Trade and Plantation Where the Spaniard hath no People nor Possession is already become inflamed for Pyracy Witness Bingley who first insinuating his purpose to be an Actour in that worthy Action of Enlarging Trade and Plantation is become a Pyrate And hath been so pursued as his Ship is taken in Ireland though his Person is not yet in hold For the Trade to the Levant His Lordship opened unto us that the Complaint consisted in effect but of two Particulars The one touching the Arrest of a Ship called the Triall in Sicely The other of a Ship called the Vineyard in Sardinia The First of which Arrests was upon pretence of Pyracy The Second upon pretence of carrying Ordnance and Powder to the Turk That Processe concerning the Triall hath been at the Merchants instance drawn to a Review in Spain which is a Favour of exceeding rare President Being directly against the Liberties Priviledges of Sicely That of the Vineyard notwithstanding it be of that nature as if it should be true tendeth to the great Dishonour of our Nation whereof Hold hath been already taken by the French Ambassadour residing at Constantinople Who entred into a Scandalous Expostulation with his Majesties Ambassadour there upon that and the like Transportations of Munition to the Turk yet neverthelesse there is an Answer given by Letters from the Kings Ambassadour Legier in Spain That there shall be some Course taken to give reasonable Contentment in that Cause as far as may be In both which Ships to speak truly the greatest Mass of loss may be included For the rest are mean in respect of the value of those two Vessels And thus much his Lordship Speech comprehended concerning the wrongs in Fact Concerning the Wrongs in Law That is to say the Rigour of the Spanish Lawes extended upon his Majesties Subjects that traffique thither his Lordship gave this Answer That they were no new Statutes or Edicts devised for our People or our Times But were the ancient Lawes of that Kingdome Suus cuique Mos. And therefore as Travellers must endure the Extremities of the Climate and Temper of the Air where they travell So Merchants must bear with the Extremities of the Lawes and Temper of the Estate where they trade Whereunto his Lordship added that our own Lawes here in England were not exempted from the like Complaints in Forrain Parts Especially in point of Marine Causes Depredations And that same swift Alteration of Property which is claimed by the Admiralty in case of Goods taken in Pyrates hands But that we were to understand thus much of the King of Spains Care and Regard of our Nation That he had written his Letters to all Corrigidors Officers of â—orts and other his Ministers Declaring his will and pleasure to have his Majesties Subjects used with all Freedome and Favour And with this Addition that they should have more Favour when it might be shewed then any other Which words howsoever the Effects prove are not suddainly to be requited with peremptory Resolutions till Time declare the direct Issue For the third Part of the Matter of the Petition which was the Remedy sought by Letters of Mart His Lordship seemed desirous to make us capable of the Inconvenience of that which was desired by setting before us two notable Exceptions thereunto The one that the Remedy was utterly incompetent and vain There other that it was dangerous and pernicious to our Merchants And in Consequence to the whole State For the weaknesse of the Remedy His Lordship wished us to enter into Consideration what the Remedy was which the Statute of Henry the fifth which was now sought to be put in Execution gave in this Case which was thus That the Party grieved should first complain to the Keeper of the private Seal And from him should take Letters unto the Party that had committed the Spoyl for Restitution And in default of Restitution to be made upon such Letters served Then to obtain of the Chanceller Letters of Mart or Reprisall which Circuit of Remedy promised nothing but endlesse and fruitless Delay In regard that the first Degree prescribed was never likely to be effected It being so wilde a Chace as to serve Processe upon the wrong-Doer in Forrain Parts Wherefore his Lordship said that it must be the Remedy of Statute that must do good in this case which useth to proceed by Certificats Attestations and other means of Information Not depending upon a privy Seal to be served upon the Party whom happily they must seek out in the West-Indies For the Danger of the Remedy His Lordship directed our Considerations to take notice of the proportions of the Merchants Goods in either Kingdome As that the Stock of Goods of the Spaniard which is within his Majesties Power and Distresse is a Trifle Whereas the Stock of English Goods in Spain is a Masse of mighty value So as if this Course of Letters of Mart should be taken to satisfie a few hot Pursuitours here All the Goods of the English Subjects in Spain shall be exposed to Seisure and Arrest And we have little or nothing in our Hands on this side to mend our selves upon And thus much Mr. Speaker is that which I have collected out of that excellent Speech concerning the First main part which was The Consideration of the Petition as it proceeded from the Merchant There followeth now the Second Part Considering the Petition as it was offered in this House Wherein his Lordship after an affectionate Commemoration of the Gravity Capacity and Duty which he generally found in the proceedings of this House desired us neverthelesse to consider with him how it was possible that the Entertaining of Petitions concerning private Injuries and of this Nature could avoid these three Inconveniencies The First of Injustice The Second of Derogation from his Majesties supreme and absolute Power of concluding Warre or Peace And the Third of some prejudice in reason of Estate For
a particular Examination of it Thirdly whether we shall content our selves with some Entry or Protestation amongst our selves And Fourthly whether we shall proceed to a Message to the King And what Thus I have told you mine Opinion I know it had been more safe and politick to have been silent But it is perhaps more honest and lovingâ— to speak The old Verse is Nam nulli tacuisse nocet nocet esse locutum But by your leave David saiâ—h Silui à bonis Dolor meus renovatus est When a Man speaketh He may be wounded by Others but if He holds his peace from Good Things he wounds Himself So I have done my part and leave it to you to do that which you shall judge to be the best The Charge of Sir Francis Bacon Knight his Majesties Atturney Generall against William Talbot a Counsellor at Law of Ireland upon an Information in the Star-Chamber Ore tenus For a writing under his Hand whereby the said William Talbot being demanded whether the Doctrine of Suarez touching Deposing and Killing of Kings Excommunicated were true or no He answered that he referred himself unto that which the Catholick Roman Church should determine thereof Ultimo die Termini Hilarij undecimo Iacobi Regis My Lords I Brought before you the first sitting of this Term the Cause of Duels But now this last sitting I shall bring before you a Cause concerning the greatest Duell which is in the Christian World The Duels and Conflicts between the lawfull Authority of Soveraign Kings which is Gods Ordinance for the comfort of Humane Society And the swelling pride and usurpation of the See of Rome in Temporalibus Tending altogether to Anarchy and Confusion Wherein if this pretence by the Pope of Rome by Cartels to make Soveraign Princes as the Banditi And to proscribe their Lives and to expose their Kingdomes to prey If these pretences I say and all Persons that submit themselves to that part of the Popes Power be not by all possible Severity repressed and punished The State of Christian Kings will be no other then the ancient Torment described by the Poets in the Hell of the Heathen A man sitting richly roabed solemnly attended delicious fare c. With a Sword hanging over his Head hanging by a small thread ready every moment to be cut down by an accursing and accursed hand Surely I had thought they had been the Prerogatives of God alone and of his secret Judgements Solvam Cingula Regum I will loosen the Girdles of Kings Or again He powreth contempt upon Princes Or I will give a King in my wrath and take him away again in my displeasure And the like but if these be the Claims of a Mortall Man certainly they are but the Mysteries of that Person which exalts himself above all that is called God Supra omne quod dicitur Deus Note it well Not above God though that in a sense be true in respect of the Authority they claim over the Scriptures But Above all that is called God That is Lawfull Kings and Magistrates But my Lords in this uel I find this Talbot that is now before you but a Coward For he hath given ground He hath gone backward and forward But in such a fashion and with such Interchange of Repenting and Relapsing as I cannot tell whether it doth extenuate or aggravate his Offence If he shall more publikely in the face of the Court fall and settle upon a right mind I shall be glad of it And he that would be against the Kings Mercy I would he might need the Kings Mercy But neverthelesse the Court will proceed by Rules of Justice The Offence wherewith I charge this Talbot Prisoner at the Bar is this in brief and in Effect That he hath maintained and maintaineth under his hand a power in the Pope for the Deposing and Murthering of Kings In what sort he doth this when I come to the proper and particular charge I will deliver it in his own words without Pressing or Straining Buâ— before I come to the particular charge of this Man I cannot proceed so coldly but I must expresse unto your Lordships the extreme and imminent Danger wherein our Dear and Dread Soveraign is And in him we all Nay and wherein all Princes of both Religions For it is a common Cause do stand at this day By the spreading and Enforcing of this furious and pernicious Opinion of the Popes Temporall Power which though the modest Sort would blanch with the Distinction of In ordine ad Spiritualia yet that is but an Elusion For he that maketh the Distinction will also make the Case This perill though it be in it self notorious yet because there is a kind of Dulness and almost a Lethargy in this Age Give me leave to set before you two Glasses Such as certainly the like never met in one Age The Glasses of France and the Glasse of England In that of France the Tragedies acted and executed in two Immediate Kings In the Glasse of England the same or more horrible attempted likewise in a Queen and King immediate But ending in a happy Deliverance In France H. 3. in the face of his Army before the walls of Paris stabbed by a wretched Iacobine Fryer H. 4. a Prince that the French do surname the Great One that had been a Saviour and Redeemer of his Country from infinite Calamities And a Restorer of that Monarchy to the ancient State and Splendour And a Prince almost Heroicall except it be in the Point of Revolt from Religion At a time when he was as it were to mount on Horse-back for the Commanding of the greatest Forces that of long time had been levied in France This King likewise stilletted by a Rascal votary which had been enchanted and conjured for the purpose In England Queen Elizabeth of blessed memory A Queen comparable and to be rankt with the greatest Kings Oftentimes attempted by like votaries Sommervile Parry Savage and others But still protected by the Watch-man that Slumbreth not Again our excellent Soveraign King Iames The Sweetness and Clemency of whose nature were enough to quench and mortifie all Malignity And a King shielded and supported by Posterity Yet this King in the Chair of Majesty his Vine and Olive Branches about him Attended by his Nobles and Third Estate in Parliament Ready in the Twinckling of an Eye As if it had been a particular Doomesday To have been brought to Ashes dispersed to the four Winds I noted the last day my Lord Chief Iustice when he spake of this Powder Treason he laboured for words Though they came from him with great Efficacy yet he truly confessed and so must all Men That that Treason is above the Charge and Report of any Words whatsoever Now my Lords I cannot let passe but in these Glasses which I spake of besides the Facts themselves and Danger to shew you two Things The one the Wayes of God Almighty which turneth the Sword of Rome
Better Commissioners to examine it The Term â—ath been almost turned into a Iustitium or Vacancy The People themselves being more willing to be Lookers on in this Business then to follow their own There hath been no Care of Discovery omitted no Moment of Time lost And therefore I will conclude this Part with the Saying of Salomon Gloria Dei celare rem gloria Regis Scrutari rem And his Majesties Honour is much the greater for that he hath shewed to the World in this Businesse as it hath Relation to my Lord of Sommerset whose Case in no sort I do prejudge being ignorant of the Secrets of the Cause but taking him as the Law takes him hitherto for a Suspect I say the King hath to his great Honour shewed That were any Man in such a Case of Bloud as the Signet upon his Right Hand as the Scripture sayes yet would He put him off Now will I come to the particular Charge of these Gentlemen whose Qualities and Persons I respect and love For they are all my particular Friends But now I can only do this Duty of a Friend to them to make them know their Fault to the full And therefore first I will by way of Narrative declare to your Lordships the Fact with the occasion of it Then you shall have their Confessions read upon which you are to proceed Together with some Collaterall Testimonies by way of Aggravation And lastly I will note and observe to your Lordships the Materiall points which I do insist upon for their Charge And so leave them to their Answer And this I will doe very briefly for the Case is not perplexed That wretched Man Weston who was the Actor or Mechanicall Party in this Impoysonment at the first day being indicted by a very substantiall Iury of Selected Cittizens to the number of 19. who foâ—nd â—illa vera yet neverthelesse at the first stood mute But after some dayes Intermission it pleased God to cast out the Dumb Devill And that he did put himself upon his Tryall And was by a Jury also of great Value upon his Confession and other Testimonies found guilty So as 31. sufficient Iurours have passed upon him whereupon Judgement and Execution was awaâ—ded against him After this being in preparation for another World he sent for Sr. Thomas Overburies Father and falling down upon his knees with great Remorce and Compunction asked him forgivenesse Aftâ—rwards againe of his own Motion desired to have his like prayer of forgivenesseâ— recommended to his Mother who was abâ—ent And at boâ—h times out of the abundance of his Heart Confâ—ssâ—d that he was to die justly and that he was woâ—thy of Deâ—th And after again at his Execution which is a kind of sealing tâ—me of Confessions evâ—n at the point of Death Although there were Tempters about him as you shall hear by and by yet he did again confirm publickly that his Examinations weâ—e â—rue And that he had been justly and honourably dealt with Here is the Narrative which enduceth the Charge The Chaâ—ge it self is this M. L. Whose Offence stands alone single the Offence of the other two being in consort And yet all three meetingâ— in their End and Center which was to interrupt or deface this Excellent piece of Iustice M. L. I say mean while between Westons standing mute and his Tryall Takes upon him to mâ—ke a most False Odious and Libellous Relation Containing as many Untruths as Lines And sets it down in writing with his own Hand And deliveâ—s it to Mr. Henry Gibb of the Bed-chamber to be put into the Kings Hand In which writing he doth falsifie and pervert all that was done the first day at the Arraignment of Weston Turning the Pike and Point of his Imputations principally upon my Lord Chief Iustice of England Whose Name thus occurring I cannot pass by And yet I can not skill to flatter But this I will say of him and I would say as much to Ages if I should write a Story That never Mans Person and his place were better met in a Businesse then my Lord Cooke and my Lord Chief Iustice in the Cause of Overbury Now My Lords in this Offence of M. L For the particulars of these slanderous Articles I will observe them unto you when the Writings and Examinations are read For I do not love to set the Gloss before the Text. But in generalâ— I noâ—e to your Lordships First the Person of M. L. I know he is a Scottish Gentleman and thereby more ignorant of our Lawes and Formes But I cannot tell whither this doth extenuate his Fault in râ—spect of Ignorance Or aggravate it much in respect of Presumptiou That he would meddle in that that he understood not But I doubt it came not out of his Quiver Some other Mans Cunning wrought upon this Mans Boldnesse Secondly I may note unto you the Greatnesse of the Cause Wherein he being a private mean Gentleman did presume to deal M. L could not but know to what great and grave Commissioners the King had committed this Cause And that his Majesâ—y in his Wiâ—edom would expect return of all things from them to whose trust he had committed this Businesse For it is the part of Commissioners as well to report the Businesse as to mannage the Businâ—sse And then his Majesty mought have been sure to have had all thingâ— well weighed and truly informed And therefore it should have been far from M. L. to have presumed to have put fâ—rth his Hand to so high and tender a Businesse which was not to be touched but by Employed Hands Thirdly I note to your Lordships that this Infusion of a Slander into a Kings Ear is of all Formes of Libells and Slanders the worst It is true that Kingâ— may keep secret their Informations and then no Man ought to enquire after them while they are shrined in their Breast But where a King is pleased that a Man shall answer for his false Information There I say the false Information to a King â—xceeds in Offence the false Information of any other kind Being a kind since we are in matter of Poyson of Impoysonment of a Kings Ear. And thus much for the Offence of M. L. For the Offence of S. W. and H. I. which I said was in consort it was shortly this At the â—ime and Place of the Execution of Weston To â—upplant his Christian Resolution and to Scandalâ—zeâ—he â—he Iustice already past perhapâ— to cut off the thred of thâ—tâ— which is to come These Gentlemen with others came mounted on Horseback And in a Ruffling and Facing manner put themselves forward to re-examine Weston upon Questions And what Questions Directly crosse to that that had been tryed and judged For what was the point tried That Weston had poysoned Overbury What was S. W. Question Whether Weston did poyson Ovâ—rbury or no A Contradictory directly Weston answered only that he did him wrong And turning to the Sheriffe said You promised me I
Therefore contain your selves within that Moderation as may appear to bend rather to the Effectuall Ease of the People then to a Discursive Envy or scandall upon the State As for the Manner of Carriage of Parliament Businesse ye must know that ye deal with a King that hath been longer King then any of you have been Parliament Men And a King that is no lesse sensible of Formes then of Matter And is as far from induring Diminution of Majesty as from regarding â—lattery or Vain Glory And a King that understandeth as well the Pulse of the Hearts of People as his own Orb. And therefore both let your Grievances have a decent and Reverent Form and Stile And to use the words of former Parliaments let them be Tanquam Gemitus Columbae without Pique or Harshnesse And on the other side in that ye do for the King Let it have a Mark of Vnity Alacrity and Affection which will be of this Force That whatsoever ye do in substance will be doubled in Reputation abroad as in a Crystall Glass For the Time if ever Parliament was to be measured by the Houre-glass it is this In regard of the instant Occasion flying away irrecoverably Therefore let your Speeches in the House be the Speeches of Counsellors and not of Oratours Let your Committees tend to dispatch not to dispute And so marshall the Times as the publique Businesse especially the proper Businesse of the Parliament be put first And private Bills be put last as time shall give leave or within the spaces of the Publique For the Foure Petitions his Majesty is pleased to grant them all as liberally as the Ancient and true Custom of Parliament doth warrant And with the cautions that have ever gon with them That is to say That the priviledge be not used for Defrauding of Creditours and Defeating of ordinary Justice That Liberty of Speech turn not into License but be joyned with that Gravity and Discretion as may tast of Duty and Love to your Soveraign Reverence to your own Assembly and Respect to the Matters ye handle That your Accesses be at such fit Times as may stand best with his Majesties pleasure and Occasions That Mistakings and Misunderstandings be rather avoided and prevented as much as may be then salved or cleared CERTAIN TREATISES VVritten or Referring TO Queen Elizabeths TIMES BEING OBSERVATIONS UPON A LIBELL Published in Anno 1592. A true Report of Doctour LOPEZ his TREASON An Advertisement touching the Controversies of the Church of ENGLAND A Collection of the Felicities of Queen ELIZABETH By the Right Honourable FRANCIS BACON Baron of Verulam Viscount Saint Alban LONDON Printed by S. 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. CERTAIN OBSERVATIONS UPON A LIBELL Published this present year 1592. INTITULED A DECLARATION Of the TRVE CAVSES OF THE GREAT TROVBLES Presupposed to be intended against the REALM of ENGLAND IT were Just and Honourable for Princes being in Warrs together that howsoever they prosecute their Quarrels and Debates by Arms and Acts of Hostility yea though the Warrs be such as they pretend the utter Ruine and Overthrow of the Forces and States one of another yet they so limit their Passions as they preserve two Things Sacred and Inviolable That is The Life and good Name each of other For the Warrs are no Massacres and Confusions But they are the Highest Trials of Right when Princes and States that acknowledge no Superior upon Earth shall put themselves upon the Iustice of God for the Deciding of their Controversies by such Successe as it shall please him to give on either side And as in the Processe of particular Pleas between private Men all things ought to be ordered by the Rules of Civill Lawes So in the Proceedings of the Warre nothing ought to be done against the Law of Nations or the Law of Honour Which Lawes have ever pronounced those two Sorts of Men The one Conspiratours against the Persons of Princes The other Libellers against theâ—r good Fame to be such Enemies of common Society as are not to be cherished no not by Enemies For in the Examples of Times which were lesse corrupted we find that when in the greatest Heats and Extremities of Warrs there have been made Offers of Murderous and Traiterous Attempts against the Person of a Prince to the Enemy they have been not onely Rejected but also Revealed And in like manner when Dishonourable Mention hath been made of a Prince before an Enemy Prince by some that have thought therein to please his Humour he hath shewed himself contrarywise utterly distasted therewith and been ready to contest for the Honour of an â—nemy According to which Noble and Magnanimous Kind of Proceeding it will be found that in the whole Couâ—se of her Majesties Proceeding with the King of Spain since the Amity interâ—upted There was never any project by her Majesty or any of her Ministers either moved or assented unto for the Taking away of the Liâ—e of the said King Neither hath there been any Declaration or Writing of â—state No nor Book allowed wherein his Honour hath been touched or taxed otherwise then for his Ambition A point which is necessarily interlaced with her Majesties own Justification So that no Man needeth to doubt but that those Warrs are grounded upon her Majesties part upon just and Honourable Causes which have so Just and Honourable a prosecution Considering it is a much harder Matter when a Prince is entred into Warrs to hold respect then and not to be transported with Passion than to make Moderate and Iust Resolutions in the Beginnings But now if a Man look on the other part it will appear that rather as it is to be thought by the Solicitation of Traitorous Subjects which is the onely Poyson and Corruption of all Honourable Warr between Forrainers Or by the Presumptâ—on of his Agents and Ministers then by the proper Inclination of that King there hath been if not plotted and practised yet at the least comforted Conspiracies against her Majesties Sacred Person which neverthelesse Gods Goodnesse hath used and turned to shew by such miraculous Discoveries into how near and precious Care and Custody it hath pleased him to receive her Majesties Life and Preservation But in the other Point it is strange what a number of Libellous and Defamatory Bookes and Writings and in what Variety with what Art and cunning handled have been allowed to pass through the World in all Languages against her Majesty and her Government Sometimes pretending the Gravity and Authority of Church Stories to move Belief sometimes formed into Remonstrances and Advertisements of â—state to move Regard Sometimes presented as it were in Tragedies of the Persecutions of Catholicks to move Pitty Sometimes contrived into pleasant Pasquils and Satyres to move sport So as there is no shape whereinto these Fellowes have not transformed themselves Nor no Humor nor affection in the mind
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
for the Nobility Touching the Oppression of the People he mentioneth four points 1. The Conâ—umption of People in the Wars 2. The Interruption of Traffick 3. The Corruption of Iustice. 4. The Multitude of Taxations Unto all which points there needeth no long Speech For the first thanks be to God the Benediction of Crescite and Multiplicamini is not so weak upon this Realm of â—ngland but The Population thereof may afford such Losse of Men as were sufficient for the Making our late Wars and were in a perpetuity without being seen either in City or Countrey We â—ead that when the Romans did take Cense of their People whereby the Citizens were numbred by the Poll in the beginning of a great War and afterwards again at the ending there sometimes wanted a Third Part of the Number But let our Muster Books be perused those I say that certifie the Number of all Fighting Men in every Shire of vicesimo of the Queen At what time except a Handfull of Souldiers in the Low Countries we expended no Men in the VVars And now again at this present time there will appear small Diminution There be many Tokens in this Realm rather of Presse and Surcharge of People then of Want and Depopulation which were before recited Besides it is a better Condition of Inward Peace to be accompanied with some Exercise of no Dangerous Warr in Forrain parts then to be utterly without Apprentisage of Warr whereby People grow Effeminate and unpractised when Occasion shall be And it is no small strength unto the Realm that in these Warrs of Exercise and not of Perill so many of our People are trained And so many of our Nobility and Gentlemen have been made Excellent Leaders both by Sea and Land As for that he objecteth we have no Provision for Souldiers at their Return Though that Point hath not been altogether neglected yet I wish with all my Heart that it were more Ample then it is Though I have read and heard that in all Estates upon Casheering and Disbanding of Souldiers many have endured Necessity For the Stopping of Traffique as I referred my Self to the Muster-Books for the First So I refer my Self to the Custome-Books upon this which will not lye And do make Demonstration of no Abatement at all in these last years but rather of Rising and Encrease We know of many in London and other places that are within a small time greatly come up and made Rich by Merchandizing And a Man may speak within his Compasse and affirm That our Prizes by Sea have countervailed any Prizes upon us And as to the Iustice of this Realm it is true that Cunning and Wealâ—h have bred many Sutes and Debates in Law But let those Points be considered The Integrity and Sufficiency of those which supply the Iudiciall places in the Queens Courts The good Laweâ— that have been made in her Majesties time against Informers and Promoters And for the bettering of Trialls The Example of Severity which is used in the Star-chamber in oppressing Forces and Fraâ—des The Diligence and Stoutness that is used by Iustices of Assises in Encountring all Countenancing and Bearing of Causes in the Countrey by their Authorities and Wisedome The great Favours that have been used towards Coppy-holders and Customary Tenants which were in ancient times meerly at the Discretion and Mercy of the Lord And are now continually relieved from hard Dealing in Chancery and other Courts of Equity I say let these and many other Points be considered and Men will worthily conceive an Honourable Opinion of the Iustice of England Now to the Points of Levies and Distributions of Money which he calleth Exactions First very coldly he is not abashed to bring in the Gathering for Paules Steeple and the Lottery Trifles Whereof the former being but a Voluntary Collection of that Men were freely disposed to give never grew to so great a Sum as was sufficient to finish the Work for which it was appointed And so I imagine it was converted into some other use like to that Gathering which was for the Fortifications of Paris save that the Gathering for Paris came to a much greater though as I have heard no competent Sum. And for the Lottery it was but a Novelty devised and followed by some particular persons and onely allowed by the State being as a Gain of Hazzard Wherein if any Gain was it was because many Men thought Scorn after they had fallen from their greater hopes to fetch their odd Money Then he mentioneth Loanes and Privy Seales Wherein he sheweth great Ignorance and Indiscretion considering the Payments back again have been very Good and Certain And much for her Majesties Honour Indeed in other Princes Times it was not wont to be so And therefore though the Name be not so pleasant yet the Vse of them in our Times have been with small Grievance He reckoneth also new Customes upon Cloathes and new Impost upon Wines In that of Cloathes he is deceived For the ancient Rate of Custome upon Cloathes was not raised by her Majesty but by Queen Mary a Catholique Queen And hath been commonly continued by her Majesty Except he mean the Computation of the odd yards which in strict Duty was ever answerable Though the Error were but lately looked into or rather the Tolleration taken away And to that of Wines being a Forrain Merchandize and but a Delicacy and of those which might be forborn there hath been some Encrease of Imposition which can rather make the Price of Wine Higher â—hen the Merchant poorer Lastly touching the Number of Subsidies it is true that her Majesty in respect of her great Charges of her Warrs both by Sea and Land against such a Lord of Treasure as is the King of Spain Having for her part no Indies nor Mines And the Revenues of the Crown of England being such as they lesse grate upon the People then the Revenues of any Crown or State in Europe Hath by the Assent of Parliament according to the ancient Customes of this Realm received divers Subsidies of her People which as they have been employed upon the Defence and preservation of the Subject Not upon Excessive Buildings nor upon Immoderate Donatives Nor upon Triumphs and Pleasures Or any the like veines of Dissipation of Treasure which have been Familiar to many Kings So have they been yielded with great good will and cheerfulness As may appear by other kinds of Benevolence presented to her likewise in Parliament which her Majesty neverthelesse hath not put in Ure They have been Taxed also and Asseissed with a very Light and Gentle Hand And they have been spared as much as may be As may appear in that her Majesty now twice to spare the Subject hath sold of her own Lands But he that shall look into other Countries and conâ—ider the Taxes and Tallages and Impositions and Assises and the like that are every where in use Will find that the English Man is the most
hath proved Concluded as the Spaniards are great Waiters upon Time ground their Plots deep upon two Points The one to profess an extraordinary Patronage Defence of the Roman Religion making account thereby to have Factions in both Kingdoms In England a Faction directly against the State In France a Faction that did consent indeed in Religion with the King and therefore at first shew should seem unproper to make a Party for a Forreiner But he foresaw well enough that the King of France should be forced to the end to retain Peace and Obedience to yeeld in some things to those of the Religion which would undoubtedly alienate the Fiery and more violent sort of Papists Which Preparation in the People added to the Ambition of the Family of Guise which he nourished â—or an Instrument would in the end make a Party for him against the State as since it proved and mought well have done long before As may well appear by the Mention of League and Associations which is above 25. years old in France The other Point he concluded upon was That his Low-Countries was the aptest place both for Ports and Shipping in respect of England And for Sciâ—uation in respect of France having goodly Frontier Townes upon that Realm And joyning also upon Germany whereby they might receive in at Peasure any Forces of Almaines To annoy and offend either Kingdom The Impediment was the Inclination of the People which receiving a wonderfull Commodity of Trades out of both Realmes especially of England And having been in ancient League and Confederacy with our Nation And having been also Homagers unto â—rance He knew would be in no wise disposed to either War Whereupon he resolved to reduce them to a Martiall Government Like unto that which he had established in Naples and Millain upon which suppression of their Liberties ensued the Defection of those Provinces And about the same time the Reformed Religion found entâ—ance in the same Countries So as the King enflamed with the Resistance he found in the first Part of his Plots And also because he mought not dispense with his other Principle in yielding to any Toleration of Religion And withall expecting a shorter work of it then he found Became passionatly bent to Reconquer those Countries Wherein he hath consumed infinite Treasure and Forces And this is the true Cause if a Man will look into it that hath made the King of Spain so good a Neigbbour Namely that he was so entangled with the Wars of the Low-Countries as he could not intend any other Enterprise Besides in Enterprizing upon Italy he doubted first the Displeasure of the See of Rome with whom he meant to run a Course of strait Conjunction Also he doubted it might invite the Turk to return And for Germany he had a fresh Example of his Father who when he had annexed unto the Dominions which he now possesseth the Empire of Almaign neverthelesse sunck in that Enterprize whereby he perceived that the Nation was of too strong a Composition for him to deal withall Though not long since by practise he could have been contented to snatch up in the East the Countrey of Emden For Portugal first the Kings thereof were good Sons to the See of Rome Next he had no Colour of Quarrel or pretence Thirdly they were Officious unto him yet iâ— you will believe the Genuese who otherwise writeth much to the Honour and Advantage of the Kings of Spain It seemeth he had a good mind to make himself a way into that Kingdom seeing that for that purpose as he reporteth he did artificially nourish the yong King Sâ—bastian in the Voyage of Affrick expecting that overthrow which followed As for his Intention to warr upon the Inâ—idels and Turks it maketh me think what Francis Guicciardiue a wise writer of History speaketh of his great Grandâ— Father Making a Judgement of him as Historiographers use That he did alwayes mask and vail his Appetites with a Demonstration of a Devout and Holy Intention to the Advancement of the Church and the Publick Good His Father also when he received Advertisement of the taking of the French King prohibited all Ringings and Bonfires and other Tokens of Joy and said Those were to be reserved for Victories upon Infidels On whom he meant never to warre Many a Cruzada hath the Bishop of Rome granted to him and his Predecessours upon that Colour Which all have been spent upon the Effusion of Christian Bloud And now this year the Levies of Germans which should have been made under hand for France were coloured with the pretence of Warr upon the Turk Which the Princes of Germany descrying not onely brake the Levies but threatned the Commissioners to hang the next that should offer the like Abuse So that this Form of Dissembling is Familiar and as it were Hereditary to the King of Spain And as for his Succours given to the French King against the Protestants he could not chuse but accompany the Pernicious Counsels which still he gave to the French Kings of breaking their Edicts and admitting of no Pacification but pursuing their Subjects with Mortall Warre with some Offer of Aides which having promised he could not but in some small Degree perform whereby also the Subject of France namely the violent Papist was enured to depend upon Spain And so much for the King of Spaines proceedings towards other States Now for ours And first touching the Point wherein he charâ—â—th us to be the Authours of Troubles in Scotland and France It will appear to any that have been well enformed of the Memoâ—iâ—s of these Affaires That the Troubles of those Kingdomes were indeed chiefly kindled by one and the same Family of the Guise A Family as was partly touched before as particularly dâ—voted now for many years together to Spain as the Order of the Iâ—suiâ—es is This House of Guise â—aving of late years extraordinarily flourished in the eminent Verâ—ue of a few Persons whose Ambition neverthelesse was nothing inferiour to their vertue But being of a House notwithstanding which the Princes of the Bloud of France reckoned but as strangers Aspired to a Greatness more then Civill and proportionable to their Cause wheresoever they had Authority And accordingly under Colour of Consanguinity and Religion they brought into Scotland in the year 1559 and in the Absence of the King and Queen French Forces in great numbers whereupon the Ancient Nobility of that Realm seeing the imminent danger of Reducing that Kingdome under the Tyranny of Strangers did pray according to the good Intelligence between the two Crowns hâ—r Majesties Neigh â—ourly â—orces And so it is true that the Action being very Just Honourable her Majesty undertook it expelled the Strangers and restored the Nobility to their Degrees and the State to Peace After when Certain Noble-Men of Scotland of the same Faction of â—uâ—se had during the Minority of the King possessed themselves of his Person to the end to abuse his Authority
of that Crown Though now upon this fresh Accident of Receiving the King into Paris it is to be thought that both the worst affected of the League will â—ubmit themselves upon any tolerable Conditions to their Naturall King thus advanced in strength and Reputation And the King of Spain will take take a second Advise ere he embarque himself too far in any new Attempt against France But taking the Affâ—irs as they then stood before this Accident unexpected Especially of the Councell of Spain during this his supposed Harvest in France His Counsell had reason to wish that there were no Disturbance from hence Where they make account that if her Majesty were removed upon whose person God continue his extraordinary Watch and Providence here would be nothing but Confusion Which they do not doubt but with some no great Treasure and Forces from without may be nourished till they can more fully intend the Ruine of this State according to their ancient malice But howsoever that be amongst the Number of these execrable Undertakers there was none so much built and relied upon by the Great Ones of the other side as was this Physician Lopez Nor indeed None so dangerous whether you consider the Aptnesse of the Instrument Or the subtilty and secrecy of thoâ—e that practised with him Or the Shift and Evasion which he had provided for a Colour of his Doings if they should happen to come into Question For fiâ—st whereas others were to find and encounter infinite Difficulties in the very obtaining of an Opportunity to execute this Horrible Act And besides cannot but see present and most assured Death before their eyes And therefore must be as it were damnable Votaries if they undertake it This Man in regard of his Faculty and of his private Accesse to her Majesty had both Means to perpetrate and Means to conceal whereby he mought reap the fruit of his wicked Treason without evident perill And for his Complices that practised with him being Portugeses and of the Retinue of King Antonio the King of Spains Mortall Enemy they were Men thereby freed and discharged from Suspiâ—cion And mought send Letters and receive Letters out of Spain without Jealousie As those which were thought to entertain Intelligences there for the good of their Master And for the Evasion and Masqâ—e that Lopez had prepared for this Treason if it had not been searched and sifted to the bottome It was that he did intend but to cousin the King of Spain without ill Meaning somewhat in the nature of that Stratagem which Parry a most Cunning and Artificiall Traytour had provided for Himself Neverthelesse this Matter by the great Goodnesse of God falling into good Hands of those Honourable and sufficient persons which dealt therein Was by their great and worthy Industry so handled and followed As this Proteus of a disguised and Transformed Treason did at last appear in his own Likenesse and Colours which were as Foul and Monstrous as have been known in the world For some of her Majesties Councell long since entred into consideration That the Retinew of King Antonio I mean some of them were not unlike to hatch these kindâ— of Treasons In regard they were Needy Strangers entred into despair of their Masters Fortune and like enough to aspire to make their Peace at home by some such wicked Seâ—vices as these And therefore grew to have an extraordinary vigilant Eye upon them Which Prudent and Discreet Presumption or Conjecture Joyned with some Advertisements of Espialls abroad and some other Industry Was the first Cause next under the great Benediction of God which giveth unto Princes zealous Counsellours And giveth to Counsellours Policy and Discerning Thoughts of the Revealing and Discovering of â—hese Treasons which were contrived in Order and Form as hereafter is set down This Lopez of Nation a Portugeze and suspected to be in sect secretly a Iew Though here he conformed Himself to the Rites of Christian Religion For a long time professed physick in this Land By occasion whereof being withall a Man very Observant and Officious and of a pleasing and applyable behaviour In that regard rather then for any great Learning in his Faculty He grew known favoured in Court And was some years since sworn Physician of her Majesties Houshold And by her Majesties Bounty of whom he had received divers Gifts of good commodity was grown to good Estate of Wealth This Man had insinuated himself greatly in regard he was of the same Nation with the King Antonio Whose Causes he pretended to sollicit at the Court Especially while he supposed there was any Appearance of his Fortune of whom also he had obtained as one that reserved all his doings to Gain an Assignation of 50000 Crowns to be levied in Portugall Buâ— being a Person wholly of a Corrupt and Mercenary Nature And finding his Hopes cold from that part He cast his Eyes upon a more able Paymaster And secretly made offer long since of his service to the King of Spain And accordingly gave sundry Intelligences of that which passed here and imported most for the King of Spain to know Having no small Means in regard of his continuall Attendance at Court Nearnesse and Accesse to learn many particulars of great weight Which Intelligences he maintained with Bernardine Mendoza Antonio Vega Roderigo Marquez and divers others In the Conveyance of which his Intelligences and in the making known of his Disposition to do the King of Spain service he had amongst others one Manuel Andrada a Portugeze revolted from Don Antonio to the King of Spain One that was disâ—overed to have practised the Death of the said Don Antonio and to have betrayed him to Bernardine Mendoza This Man coming hither was for the same his practise appearing by Letters intercepted apprehended and committed to Prison Beâ—ore which time also there had been by good diligence intercepted other Letters whereby the said Andrada adververtised Mendoza that he had won Dr. Lopez to the Kings service But Lopez having understanding thereof And finding means to have secret conference with Andrada before his examination Perswaded with him to take the Matter upon himself as if he had invented that Advertisement touching Lopez onely to procure himself credit with Mendoza And to make him conceive well of his Industry and Service And to move him hereunto Lopez set before Andrada that if he did excuse him he should have credit to work his Deliverie Whereas if he did impeach him he was not like to find any other Means of Favour By which subtil perswasion Andrada when he came to be examined answered according to the Direction and Lessoning which Lopez had given him And having thus acquitted himself of this suspicion became Suitour for Andrada's Delivery craftily suggesting that he was to do some notable Service to Don Antonio In which his suit he accordingly prevailed When Lopez had thus got Andrada out of prison he was suffered to go out of the Realm into Spain In pretence
insinuate himself into their Favours yet I find it to be ordinary that many Pressing and Fawning Persons do misconjecture of the Humours of Men in Authority And many times Veneri immolant suem they seek to gratifie them with that which they most dislike For I have great Reason to satisfie my self touching the Judgement of my Lords the Bishops in this Matter by that which was written by one of â—hem which I mentioned before with honour Neverthelesse I note â—here is not an indifferent hand carried towaâ—ds these Pamphlets a they deserve For the one sort flyeth in the Dark and the other is uttered openly Wherein I might advise that side ouâ— of a Wise wâ—iter who hath set it down That punitis Ingeniis gliscit Authoritas And indeed we see it ever falleth out that the Forbidden Writing is alwaies â—hought to be certain sparks of a Truth that fly up inâ—o the faces of those that seek to choak it and tread it out Whereas a Booke Authorized is thought to be but Temporis Voces The Language of the Time But in plain Truth I do find to mine understanding these Pamphlets as meet to be suppressed as the other First because as the former sort doth deface the Government of the Church in the persons of the Bishops and Prelates So the other doth lead into Contempt the Exercises of Religion in the Persons of sundry Preachers So as it disgraceth an higher matter though in the meaner Person Next I find certain indiscreet and dangerous Amplifications as if the Civill â—overnment it self of this State had near lost the Force of her Sinews And were ready to enter into some Convulsion all things being full of Faction and Disorder which is as unjustly acknowledged as untruly affirmed I kow his Meaning is to enforce this unreverent and violent Impugning of the Government of Bishops to be a suspected Forerunner of a more generall Contempt And I grant there is Sympathy between the Estates But no such matter in the Civill Pollicy as deserveth so dishonourable a Taxation To conclude this Point As it were to be wished that these Writings had been abortive and never seen the Sun So the next is since they be commen abroad that they be censured by all that have Understanding and Conscience as the untemperate Extravagancies of some Light persons Yea further that Men beware except they mean to adventure to deprive themselves of all sense of Religion and to pave their own Hearts and make them as the High Way how they be conversant in them And much more how they delight in that Vein But rather to turn their Laughing into Blushing And to be ashamed as of a short Madnesse That they have in matters of Religion taken their Disport and Solace But this perchance is of these Faults which will be soonest acknowledged Though I perceive neverthelesse that there want not some who seek to blaunch and excuse it But to descend to a sincere View and Consideration of the Accidents and Circumstances of these Controversies wherein either part deserveth Blame or Imputation I find generally in Causes of Church-matters that Men do offend in some or all of these five Points The First is the Giving Occasion unto the Controversies And also the Vnconsiderate and Vngrounded Taking of Occasion The Next is the Extending and Multiplying the Controversies to a more generall Opposition or Contradiction then appeareth at the first propounding of â—hem when Mens Judgements are least partiall The Third is the Passionate and Vnbrotherly Practises and Proceedings of both Parts towards the Persons each of others for their Discredit and Suppression The Fourth is the Courses holden and entertained on either side for the drawing of their Partizans to a more straight Vnion within themselves Which ever importeth a further Distraction of the Entire Body The last is the Undue and Inconvenient Propounding publishing and Debating of the Controversies In which Point the most palpable Error hath been already spoken of As that which through the strangenesse and Freshnesse of the Abuse first offereth it self to the Conceits of all Men. Now concerning the Occasion of the Controversies It cannot be denyed but that the Imperfections in the Conversation and Government of those which have chief place in the Church have ever been principall Causes and Motives of Schismes and Divisions For whiles the Bishops and Governers of the Church continue full of Knowledge and good Works Whiles they Feed the Flock indeed Whiles they deal with the Secular States in all Liberty and Resolution according to the Majesty of their Calling and the precious care of Souls imposed upon them So long the Church is situated as it were upon an Hill No Man maketh question of it or seeketh to depart from it But when these vertues in the Fathers and Leaders of the Church have lost their Light And that they wax worldly Lovers of â—hemselves and Pleasers of Men Then Men begin to groap for the Church as in the Darkâ— They are in doubt whether they be the Successours of the Apostles or of the Pharises yea howsoever they sit in Moses Chair yet they can never speak Tanquam Authoritatem habentes as having Authority because they have lost their Reputation in the Consciences of Men by declining their steps from the way which they trace out to others So as Men had need continually have sounding in their Eares this same Nolite Exire Go not out So ready are they to depart from the Church upon every voice And therefore it is truly noted by one that writeth as a Naturall Man That the Humility of the Friars did for a great time maintain and bear out the Irreligion of Bishops and Prelates For this is the Double Pollicy of the spirituall Enemy either by counterfeit Holinesse of Life to Establish and Authorize Errours Or by Corruption of Manners to discredit and draw in question Truth and Things Lawfull This concerneth my Lords the Bishops unto whom I am witnesse to my self that I stand affected as I ought No Contradiction hath supplanted in me the Reverence that I owe to their Calling Neither hath any Detraction or Calumny imbased mine Opinion of their Persons I know some of them whose Names are most pierced with these Accusations to be Men of great vertues Although the Indisposition of the times and the want of Correspondence many wayes is enough to frustrate the best Endeavours in the Edifying of the Church And for the rest generally I can condemn none I am no Judge of them that belong to so High a Master Neither have I two Witnesses And I know it is truly said of Fame that Pariter Facta aâ—que Infecta Canebat Their Taxations arise not all from one Coast They have many and different Enemies Ready to invent Slaunder more ready â—o amplifie it and most ready to beleeve it And Magnes Mendacii Credulitas Credulity is the Adamant of Lies But if any be against whom the supream Bishop hath not a few Things but many Things
is evident And therefore it is more fit to speak of the Manner of Vnion wherein again it will not be pertinent to handle one Kind of Union which is Vnion by Victory when one Body doth meerly subdue another and converteth the same into his own Nature Extinguishing and Expulsing what part soever of it it cannot overcome As when the Fire converteth the Wood into Fire purging away the Smoak and the Ashes as unapt Matter to enflame Or when the Body of a Living Creature doth convert and assimilate Food and Nourishment purging and expelling whatsoever it cannot convert For these Representations do answer in matter of Policy to Vnion of Countries by Conquest where the Conquering State doth extinguish extirpate and expulse any part of the State Conquered which it findeth so contrary as it cannot alter and convert it And therefore leaving violent Vnions we will consider onely of Naturall Vnions The Difference is excellent which the best Observers in Nature do take between Compositio and Mistio Putting together and Mingling The one being but a Conjunction of Bodies in place the other in Qualiâ—y and Consent The one the Mother of Sedition and Alteration The other of Peace and Continuance The one rather a Confusion then an Vnion the other properly an Vnion Therefore we see those Bodies which they call Imperfectè mista last not but are speedily dissolved For take for Example Snow or Froath which are Compositions of Air and Water And in them you may behold how easily they sever and dissolve the Water closing together and excluding the Air. So those three Bodies which the Alchymists do so much celebrate as the three Principles of Things That is to say Earth Water and Oyl which it pleaseth them to term Salt Mercury and Sulphur we see if they be united onely by Composition or putting together how weakly and rudely they do incorporate For Water and Earth maketh but an unperfect slime And if they be forced together by Agitation yet upon a little setling the Earth resideth in the Bottome So Water and Oyl though by Agitation it be brought into an Ointment yet after a little setling the Oil will float on the Top So as such Imperfect Mistures continue no longer then they are forced And still in the end the worthiest getteth above But otherwise it is of perfect Mistures For we see these three Bodies of Earth Water and Oil when they are joyned in a Vegetable or Minerall they are so united as without great subtilty of Art and Force of Extraction they cannot be separated and reduced into the same simple Bodies again So as the Difference between Compositio and Mistio clearly set down is this That Compositio is the Joyning or putting together of Bodies without a new Form And Mistio is the Joyning or putting together of Bodies under a new Form For the new Form is Commune Vinculum And without that the old Forms will be at Strife and Discord Now to reflect this Light of Nature upon Matter of Estate There hath been put in practise in Government these two severall kinds of Pollicy in Vnitingâ— and Conjoyning of States and Kingdoms The one to retain the ancient Form still severed and onely conjoyned in Soveraignty The other to super induce a new Form agreeable and convenient to the entire Estate The former of these hath been more usuall and is more Easie but the latter is more Happy For if a Man do attentively revolve Histories of all Nations and judge truly thereupon he will make this Conclusion That there was never any States that were good Commixtures but the Romans Which because it was the best State of the World and is the best Example of this Point we will chiefly insist thereupon In the Antiquities of Rome Virgill bringeth in Iupiter by way of Oracle or Prediction speaking of the Mixture of the Trojans and the Italians Sermonem Ausonii Patrium moresque tenebant Vtque est Nomen crit Commixti Corpore tantum Subsident Teucâ—i Morem Ritusque Sacrorum Adjiciam faciamque omnes uno ore Latinos Hinc Genus Ausonio mistum quod sanguine surget Supra Homines supra ire Deos pietate videbis Wherein Iupiter maketh a kind of Partition or Distribution That Italy should give the Language and the Lawes Troy should give a Mixture of Men and some Religious Rites And both People should meet in one Name of Latines Soon after the Foundation of the City of Rome the People of the Romans and the Sabines mingled upon equall Terms Wherein the Interchange went so even that as Livy noteth the one Nation gave the Name to the Place the other to the People For Rome continued the Name but the people were called Quirites which was the Sabine word derived of Cures the Countrey of â—atius But that which is chiefly to be noted in the whole Continuance of the Romane Government they were so liberall of their Naturalizations as in effect they made perpetuall Mixtures For the manner was to grant the same not onely to particular persons but to Families and Lineages And not onely so but to whole Cities and Countries So as in the end it came to that that Rome was Communis Patria as some of the Civilians call it So we read of Saint Paul after he had been beaten with Rods and thereupon charged the Officer with the violation of the Priviledge of a Cittizen of Rome The Captain said to him Art thou then a Romane That Priviledge hath cost me dear To whom Saint Paul replied But I was so born And yet in another place Saint Paul professeth himself that he was a Iew by Tribe So as it is manifest that some of his Ancestors were naturalized and so it was conveyed to him and their other Descendants So we read that it was one of the first Despites that was done to Iulius Caesar That whereas he had obtained Naturalization for a City in Gaule one of the City was beaten with Rods of the Consul Marcellus So we read in Tacitus that in the Emperour Claudius time the Nation of Gaule that part which is called Comata the wilder part were Suitours to be made capable of the honour of being Senatours and Officers of Rome His words are these Cum de supplendo Senatu aâ—itaretur primoresque Galliae quae Comata appellatur foedera Civitatem Romanam pridem assecuti Ius adipiscendorum in urbe Honorum expeterent multus câ super re variusque Rumor studiis diversis apud Principem certabatur And in the end after long debate it was ruled they should be admitted So likewise the Authority of Nicholas Matchiavell seemeth not to be contemned who enquiring the Causes of the Growth of the Romane Empire doth give Judgement There was not one greater then this That the State did so easily compound and incorporate with strangers It is true that most Estates and Kingdomes have taken the other Course Of which this effect hath followed That the Addition of further Empire and
decayed To your Princely Iudgement then I do in all Humblenesse submit whatsoever I shall propound offering the same but as a Miteâ— into the Treasury of your Wisedom For as the Astronomers do well observe That when three of the Superior Lights do meet in Conjunction it bringeth forth some admirable Effects So there being joyned in your Majesty the Light of Nature the Light of Learning and above all the Light of Gods Holy Spirit It cannot be but your Government must be as a Happy Constellation over the states of your Kingdomes Neither is there wanting to your Majesty that Fourth Light which though it be but a borrowed Lâ—ght yet is of singular Eâ—ficacy and Moment added to the rest which is the Light of a most wise and well compounded Councell To whose Honourable and Grave Wisdomes I do likewse submit whatsoever I shall speak Hoping that I shall not need to make Protestation of my Mind and Opinion That untill your Majesty doth otherwise determine and order all Actuall and Full Obedience is to be given to Ecclesiasticall Iurisdicton as it now standeth And when your Majesty hath determined and ordered that every good subject ought to rest satisfied and apply his Obedience to your Majesties Lawes Ordinances and Royall Commandements Nor of the Dislike I have of all Immodest Bitternesse peremptory presumption Popular handling And other Courses tending rather to Rumour and Impression in the vulgar Sort then to likely-hood of Effect joyned with Observation of Duty But before I enter into the Points controverted I think good to remove if it may be two Opinions which do directly confront and oppone to Reformation The one bringing it to a Nullity And the other to an Impossibility The First is That it is against good Policy to innovate any â—hing in Church Matters The other That all Reformation must be after one Platform For the First of these it is excellently said by the Prophet State super vias antiquas videte quaenam sit via recta vera ambulate in eâ So as he doth not say State super vias antiquas ambulate in eis For it true that with all VVise and Moderate Persons Custom and Vsage obtaineth that Reverence as it is sufficient Matter to move them to make a stand and to discover and take a View But it is no warrant to guide and conduct them A just Ground I say it is of Deliberation but not of Direction But on the other side who knoweth not that Time is truly compared to a Stream that carrieth down fresh and pure Waters into that salt Sea of Corruption which invironeth all Human Actions And therefore if Man shall not by his Industry Vertue and Policy as it were with the Oare row against the Stream and inclination of Time All Institutions and Ordinances be they never so pure will corrupt and degenerate But not to handle this matter Common-place like I would only ask why the Civill State should be purged and restored by Good and Wholesome Lawes made every Third or Fourth year in Parliament assembled Devising Remedies as fast as Time breedeth Mischief And contrariwise the Ecclesiasticall State should still continue upon the Dreggs of Time and receive no Alteration now for this Five and Forty years and more If any Man shall object that if the like Intermission had been used in Civil Causes also the Errour had not been great Surely the Wisedome of the Kingdome hath been otherwise in Experience for Three Hundred years space at the least But if it be said to me that there is a Difference between Civill Causes and Ecclesiasticall they may as well tell me that Churches and Chappels need no Reparations though Castles and Houses do Whereas commonly to speak truth Dilapidations of the Inward and Spirituall Edifications of the Church of God are in all times as great as the Outward and Materiall Sure I am that the very word and Stile of Reformation used by our Saviour Ab initio non fuit sic was applyed to Church Matters And those of the highest Nature concerning the Law Morall Neverthelesse He were both unthankfull and unwise that would deny but that the Church of England during the time of Queen Elizabeth of famous Memory did flourish If I should compare it with Forrain Churches I would â—ather the Comparison should be in the Vertues then as some make it in the Defects Rather I say as between the Vine and the Olive which should be most fruitfull And not as between the Briar the Thistle which should be most unprofitable For that Reverence should be used to the Church which the good Sons of Noah used to their Fathers Nakedness That is as it were to go backwards and to help the Defects thereof and yet to dissemble them And it is to be acknowledged that scarcely any Church since the Primitive Church yielded in like Number of Years and Latitude of Country a greater Number of Excellent Preachers Famous Writers and Grave Governers But for the Discipline and Orders of the Church as many the chiefest of them are Holy and Good So yet iâ— Saint Iohn were to indite an Epistle to the Church of England as he did to them of Asia it would sure have the Clause Habeo adversus te pauca And no more for this Point Saving that as an Appendix thereunto it is not amisse to touch that Objection which is made to the Time and not to the Matter Pretending that if Reformation were necessary yet it were not now seasonable at your Majesties First Entrance Yet Hippocrates saith Si quid moves à principio move And the wisedom of all Examples do shew that the wisest Princes as they have ever been the most sparing in Removing or Alteration of Servants and Officers upon their Coming in So for Removing of Abuses and Enormities And for Reforming of Lawes and the Policy of their States they have chiefly sought to ennoble and commend their Beginnings therewith Knowing that the first Impression with People continueth long And when Mens Minds are most in Expectation and Suspence then are they best wrought and mannaged And therefore it seemeth to me that as the Spring of Nature I mean the Spring of the year is the best Time for purging and Medicining the Naturall Body So the Spring of Kingdoms is the most proper Season for the purging and Rectifying of Politick Bodies There remaineth yet an Objection rather of Suspition then of Reason And yet such as I think maketh a great Impression in the minds of very wise and well affected Peâ—sons which is That if way be given to Mutation though it be in taking away Abuses yet it may so acquaint Men with sweetnesse of change as it will undermine the Stability even of that which is sound and good This surely had been a good and true allegation in the Ancient Contentions and Divisions between the People and the Senate of Rome where things were carried at the Appetites of Multitudes which can never keep
and others It is not the least that divers do adventure to handle the Word of God which are unfit and unworthy And herein I would have no man mistake me as if I did extoll curious and affected Preaching which is as much on the other side to be disliked And breedeth Atheism and Scandall as well as the other For who would not be offended at one that cometh into the Pulpit as if he came upon the Stage to play Parts or Prizes Neither on the other side as if I would discourage any who hath any tollerable Gift But upon this Point I ground three Considerations First whether it were not requisite to renew that good Exercise which was practised in this Church some years And afterwards put down by order indeed from the Church In regard of some Abuse thereof Inconvenient for those Times And yet against the Advice and Opinion of one of the Greatest and Gravest Prelates of this Land And was commonly called Prophecying Which was this That the Ministers within a Precinct did meet upon a week day in some principall Town where there was some ancient Grand Minister that was President And an Auditory admitted of Gentlemen or other Persons of Leysure Then every Minister successively beginning with the youngest did handle one and the same part of Scripture spendâ—ng severally some Quarter of an Hour or better And in the whole some two Hours And so the Exercise being begun and concluded with Prayer And the President giving a Text for the next meeting the Assembly was dissolved And this was as I take it a Forthnights Exercise which in my Opinion was the best way to frame and train up Preachers to handle the Word of God as it ought to be handled that hath been practised For we see Oratours have their Declamations Lawyers have their Moots Logicians their Sophems And every practise of Science hath an Exercise of Erudition and initiation before Men come to the Life Onely Preaching which is the worthiest And wherein it is most danger to be amisse Wanteth an Introduction and is ventred and rushed upon at the first But unto this Exercise of the Prophecy I would wish these two Additions The one that after this Exercise which is in some sort Publick there were immediately a Private Meeting of the same Ministers Where they might brotherly admonish the one the other And specially the elder sort the younger of any Thing that had passed in the Exercise in Matter or Manner unsound and uncomely And in a word might mutually use such Advise Instruction Comfort or Encouragement as Occasion might minister For publick Reprehension were to be debarred The other Addition that I mean is That the same Exercise were used in the Vniversities for young Divines before they presumed to Preach as well as in the Countrey for Ministers For they have in some Colledges an Exercise called a Common Place Which can in no Degree be so profitable being but the Speech of one Man at one time And if it be feared that it may be Occasion to whet Mens Speeches for Controversies it is easily remedied by some strict Prohibition that Matters of Controversie tending any way to the violating or Disquieting the Peace of the Church be not handled or entred into Which Prohibition in regard there is ever to be a Grave person President or Moderatour cannot be frustrate The second Consideration is whether it were not convenient there should be a more exact Probation and Examination of Ministers Namely that the Bishops do not ordain alone but by Advise And then that Ancient Holy Orders of the Church might be revived By the which the Bishop did ordain Ministers but at foure set times of the year which were called Quatuor Tempora which are now called Ember-weeks It being thought fit to accompany so High an Action with generall Fasting and Prayer and Sermons and all Holy Exercises And the Names likewise of those that were to be Ordained were published some dayes before their Ordination To the end Exceptions might be taken if just Cause were The Third Consideration is that if the Case of the Church of England be that where a Computation is taken of all the Parochian Churches allowing the Vnion of such as were too small and adjacent And again a Computation to be taken of the persons who are worthy to be Pastours And upon the said Account if it fall out that there are many more Churches then Pastours Then of Necessity Recourse must be had to one of these Remedies Either that Pluralities must be allowed specially if you can by permutation make the Benefices more compatible Or that there be Allowed Preachers to have a more generall Charge to supply and serve by turn Parishes unfurnished For that some Churches should be provided of Pastours able to teach and others wholy Destitute seemeth to me to be against the Communion of Saints and Christians And against the Practice of the Primitive Church Touching the Abuse of Excommunication EXcommunication is the greatest Iudgement upon Earth Being that which is ratified in Heaven And being a Precursory or Prelusory Iudgement of the great Iudgement of Christ in the End of the World And therefore for this to be used unreverently and to be made an Ordinary Processe to lackey up and down for Fees how can it be without Derogation to Gods Honour and making the power of the Keyes contemptible I know very well the Defence thereof which hath no great Force That it issueth forth not for the Thing it self but for the Contumacy I do not deny but this Iudgement is as I said before of the Nature of Gods Iudgements of the which it is a Modell For as the Iudgement of God taketh hold upon the least sin of the Impenitent And taketh no hold of the greatest Sin of the Convert or Penitent So Excommunication may in case issue upon the smallest Offence And in Case not issue upon the greatest But is this Contumacy such a Contumacy as Excommunication is now used for For the Contumacy must be such as the Party as far as the Eye and Wisdom of the Church can discern standeth in State of Reprobation and Damnation As one that for that time seemeth given over to Finall Impenitency Upon this Observation I ground two Considerations The one that this Censure be restored to the true Dignity and Vse thereof which is that it proceed not but in Causes of great weight And that it be decreed not by any Deputy or Substitute of the Bishop but by the Bishop in Person And not by him alone but by the Bishop Assisted The other Consideration is That in liew thereof there be given to the Ecclesiasticall Court some ordinary Processe with such Force and Coercion as appertaineth That so the Dignity of so high a Sentence being retained and the Necessity of Mean Processe supplyed the Church may be indeed restored to the Ancient Vigour and Splendour To this purpose joyn'd with some other Holy and Good purposes was there a
there and a Councell of Plantation here Wherein I warrant my self by the President of the like Councell of Plantation for Virginia An enterprise in my Opinion differing as much from this as Amadis de Gaule differs from Caesars Commentaries But when I speak of a Councell of Plantationâ— I mean some Persons chosen by way of Reference Upon whom the Labour may rest To prepare and report Things to the Councell of Estate here that concern that Businesse For although your Majesty have a grave and sufficient Councell in Iâ—eland From whom and upon whom the Commissioners are to have Assistance and Dependance yet that supplies not the Purpose whereof I speak For considering that upon the Advertisements as well of the Commissioners as of the Councell of Ireland it self There will be many Occasions to crave Directions from your Majesty and your Privy Councell here which are busiâ—d with a world of Affaires It cannot but give greater Expedition and some better Perfection unto some Directions and Resolutious If the Matters may be considered of afore hand by such as may have a continuall Care of the Cause And it will be likewise a Comfort and Satisfaction to some Principall Vndertakers if they may be admitted of that Councell Secondly there is a Clause wherein the Vndertakers are restrained that they shall execute the Plantation in Person from which I must dissent if I will consent with the Grounds I have already taken For it is not probable that Men of great Meanes and Plentifull Estates will indure the Travaile Diseasements and Adventures of going thither in Person But rather I suppose Many will undertake Portions as an Advancement for their Younger Children or Kinsâ—olks Or for the Sweetnesse of the Expectation of a great Bargaine in the end when it is overcome And therefore it is like they will imploy Sons Kinsfolks Servants or Tenants And yet be glad to have the Estate in themselves And it may be some again will joyn their Purses together And make as it were a Partner-ship or Ioynt-Adventure And yet man forth some one Person by consent for the Executing of the Plantation Thirdly there is a Main Point wherein I fear the Project made hath two much of the Line and Compass And will not be so naturall and easie to Execute Nor yet so Politick and Convenient And that is that the Buildings should be Sparsim upon every Portion And the Castle or Principall House should draw the Tenements and Farmes about it as it were into Villages Hamlets or â—ndships And that there should be only Foure Corporate Townes for the Artificers and Trades-Men My Opinion is that the Building be altogether in Townes to be compounded as well of Husbandries as of Arts. My Reasons are First when Men come into a Country Vast and Void of all Things necessary for the use of Mans Life If they set up together in a Place one of them will the better supply the wants of another Work Folkes of all sorts will be the more continually on work without Losse of Time When if Work faile in one Place they may have it fast by The Wages will be maâ—e more passible for Carriages to those Seats or Townes then they can be to a Number of dispersed Solitary Places And infinite other helps and Easements scarcely to be comprehended in Cogitation will ensue in Vicinity and Society of People Whereas if they build scattered as is projected Every Man must have a Cornu-Copia in himself for all Things he must use Which cannot but breed much Difficulty and no lesse Wast Secondly it will draw out of the Inhabited Country of Ireland Provisions and Victualls and many necessaries because they shall be sure of Utterance Whereas in the Dispersed Habitations every Man must reckon onely upon that that he brings with him As they do in Provisions of Ships Thirdly the Charge of Bawnes as they call them to be made about every Castle or House may be spared when the Habitations shall be congregated onely into Towns And lastly it will be a Means to secure the Country against future Perils in case of any Revolt and Defection For by a slight Fortification of no great Charge the danger of any Attempts of Kierns and Sword-Men may be prevented The Omission of which Point in the last Plantation of Munâ—ter made the Work of years to be but the Spoyle of Dayes And if any Man think it will Draw People too far off from the Grounds they are to labour It is to be understood that the Number of the Towns be encreased accordingly And likewise the Situation of them be as in the Center in respect of the Portions assigned to them For in the Champian Countries of England where the Habitation useth to be in Towns and not dispersed it is no new Thing to go two Miles off to Plow part of their Grounds And two Miles Compasse will take up a good Deal of Countrey The fourth Point is a Point wherein I shall differ from the Project rather in Quantity and Proportion then in Matter There is allowed to the undertaker within the five years of Restraint to alien a third part in Fee Farm And to Demise another for fourty years which I fear will mangle the Portions And will be but a shift to make money of two parts Whereas I am of Opinion the more the first undertaker is forced to keep in his own Hands the more the Work is like to prosper For First the Person liable to the State here to perform the Plantation is the Immediate Vndertaker Secondly the more his Profit dependeth upon the Annuall and Springing Commodity The more Sweetnesse he will find in putting forward Manurance and Husbanding of the Grounds And therefore is like to take more care of it Thirdly since the Natives are excluded I do not see that any persons are like to be drawn over of that Condition as are like to give Fines and undertake the Charge of Building For I am perswaded that the People transported will consist of Gentlemen and their Servants And of Labourers and Hindes And not of Yeomen of any wealth And therefore the Charge of Building as well of the Tenements and Farmes as of the Capitall Houses themselves is like to rest upon the Principall Vndertakers which will be recompenced in the end to the full and with much advantage if they make no long Estates or Leases And therefore this Article to receive some Qualification Fifthly I should think it requisite that Men of Experience in that Kingdome should enter into some particular Consideration of the Charges and Provisions of all kindes that will be incident to the Plantation To the end that thereupon some Advise may be taken for the Furnishing and Accommodating them most conveniently Aiding private Industry with publick Care and Order Thus I have expressed to your Majesty those simple and weakâ— Cogitations which I have had in my Self touching this Cause Wherein I most humbly desire your pardon and gracious acceptance of my good
Person But they that could use occasions which was not in me to let and amplifie Occasions and practise Occasions to represent to her Majesty a Necessity to bring me to the one can and will do the like to stop me from the other You say my Errours were my Prejudice and therefore I can mend my Self It is true But they that know that I can mend my Self And that if ever I recover the Queen that I will never loose her again will never suffer me to obtain Interest in her favour And you say the Queen never forsook utterly where she inwardly favoured But I know not whether the Hour-glasse of time hath altered her But sure I am The false Glasse of others Informations must alter her when I want accesse to plead mine own Cause I know I ought doubly to be her Majesties Both Iure Creationis For I am her Creature And Iure Redemptionis For I know she hath saved me from Overthrow But for her first Love and for her last Protection and all her great Benefits I can but pray for hâ—r Majesty And my Endeavours are now to make my Prayers for her Majesty and my Self better heard For thanks be to God they that can make her Majesty beleeve I counterfeit with her cannot make God beleeve that I counterfeit with him And they which can let me from comming near unto her cannot let me from drawing near unto him as I hope I doe daily For your Brother I hold him an honest Gentleman and wish him all good Much rather for your Sake Your self I know hath suffered more for me than any Friend I have But I cannot but lament freely as you see I do And advise you not to doe that which I doe which is to despair You know Letters what hurt they have done me And thereâ—ore make sure of this And yet I could not as having no other Pledge of my Love but communicatâ— freely with you for the Ease of my Heart and yours A Letter to Mr. Secretary Cecill after the Defeating of the Spanish Forces in Ireland Inciting him to emâ—race the Care of Reducing that Kingdom to Civility with some reasons sent enclosed It may please your Honour AS one that wisheth you all Encrease of Honour And as one that cannot leave to love the State what Interest soever I have or may come to have in it And as one that now this dead Vacation time hath some Leisure ad aliud agendum I will presume to propound unto you that which though you cannot but see yet I know not whether you apprehend and esteem it in so high a degree That is for the best Action of Importation to your self Of sound Honour and Merit to her Majesty and this Crown without Ventosity and Popularity that the Riches of any Occasion or the Tide of any Opportunity can possibly minister or offer And that is the Causes of Ireland if they be taken by the right Handle For if the Wound be not ripped up again and come to a Recrudency by new Forein Succours I think that no Physician will goe on much with letting Bloud In Declinatione Morbi But will intend to Purge and Corroborate To which purpose I send you mine Opinion without Labour of Words in the Enclosed And sure I am that if you shall enter into the matter according to the Vivacity of your own Spirit nothing can make unto you a more gainfull return For you shall make the Queens Felicity compleat which now as it is is incomparable And for your Self you shall shew your self as good a Patriot as you are thought a Politick And make the World perceive you have not lesse Generous Ends than Dexterous Delivery of your self towards your Ends And that you have as well true Arts Grounds of Government as the Facility Felicity of Practice and Negotiation And that you are as well seen in the Periods and Tides of Estates as in your own Circle and Way Than the which I suppose nothing can be a better Addition and Accumulation of Honour unto you This I hope I may in privatenesse write either as a Kinsman that may be bold or a Scholar that hath Liberty of Discourse without Committing any Absurdity But if it seem any Error in me thus to intromit my self I pray your Honour beleeve I ever loved her Majesty and the State and now love your Self And there is never any vehâ—ment Love without some Absurdity As the Spaniard well sayes Desuario con la Calentura So desiring your Honours pardon I ever continue Considerations touching the Queens Service in IRELAND THe Reduction of that Country as well to Civility and Justice as to Obedience and Peace which things as Affairs now stand I hold to be Inseparable consisteth in 4. Points 1. The Extinguishing of the Relicks of the Warr. 2. The Recovery of the Hearts of the People 3. The Removing of the Root and Occasions of new Troubles 4. Plantations and Buildings For the first Concerning the Places and Times and Particularities of further Prosecution in fact I leave it to the Opinion of Men of VVarr Onely the Difficulty is to distinguish and discern the Propositions which shall be according to the Ends of the State here That is final and summary towards the Extirpation of the Troubles From those which though they pretend Publick Ends yet may referr indeed to the more Private and Compendious Ends of the Council there or the particular Governers or Captains But still as I touched in my Letter I doe think much Letting Bloud In Declinatione Morbi is against Method of Cure And that it will but enduce Necessity and exasperate Despair And percase discover the Hollownesse of that which is done already which now blazeth to the best show For Iaglia's and Prosâ—riptions of 2. or 3. of the principal Rebels they are no doubt Iure Gentium lawfull In Italy usually practiced upon the Banditi Best in season where a Side goeth down And may do good in two Kinds The one if they take Effect The other in the Distrust which may follow amongst the Rebells themselves But of all other points to my Understanding the most Effectual is the well Expressing or Impressing the Design of this State upon that miserable and desolate Kingdom Containing the same between these two Lists or Boundaries The one that the Queen seeketh not an Extirpation of that People but a Reduction And that now she hath chastised them by her Royal Power and Arms according to the Necessity of the Occasion Her Majesty taketh no pleasure in Effusion of Bloud or Displanting of Auncient Generations The other that hâ—r Maâ—esties Princely Care is principally and intentionally bent upon the Action of Ireland And that she seeketh not so much the Ease of Charge as the Royal performance of the Office of Protection and Reclaim of those her Subjects And in a word that the Case is altered so far as may stand with the Honour of the Time past And again I doe repeat that if
and Duties for the most part were common to my Self with him though by design as between Brethren dissembled And therefore most high and mighty King my most dear and dread Soveraign Lord since now the Corner Stone is laid of the mightiest Monarchy in Europe And that God above who hath ever a Hand in brideling the Flouds and Motions of the Seas and of Peoples Hearts hath by the miraculous and universal consent the more strange because it proceedeth from such Diversity of Causes in your comming in Given a Sign and Token of great Happinnesse in the Continuance of your Reign I think there is no Subject of your Majesties which loveth this Island and is not hollow or unworthy whose Heart is not set on fire Not onely to bring you Peace-Offrings to make you propitious But to sacrifice himself a Burnt-Offring or Holocaust to your Majesties Service Amongst which number no Mans Fire shall be more pure and fervent than mine But how farr forth it shall blaze out that resteth in your Majesties Imployment So thirsting after the Happinesse of Kissing your Royal Hand I continue ever To Mr. Faules in Scotland upon the Entrance of his Majesties Reign SIR The Occasion awaketh in me the Remembrance of the constant and mutual good Offices which passed between my good Brother and your Self wherunto as you know I was not altogether a Stranger Though the Time and Design as between Brethren made me more reserved But well doe I bear in minde the great opinion which my Brother whose Judgement I much reverence would often expresse to me of your Extraordinary Sufficiency Dexterity and Temper which he had found in you in the Business and Service of the King our Soveraign Lord This latter bred in me an Election as the former gave an Inducement for me to address my Self to you And to make this Signification of my Desire towards a mutual Entertainment of good Affection and Correspondence between us Hoping that both some good Effect may result of it towards the Kings Service And that for our particulars though Occasion give you the precedence of furthering my being known by good note unto the King So no long time will intercede before I on my part shall have some means given to requite your Favours and to verify your Commendation And so with my loving Commendations good Mr. Faules I leave you to Gods Goodness From Graies Inne the 25th of March. A Letter commending his Love and Occasions to Sir Thomas Challoner then in Scotland upon his Majesties Entrance SIR For our Money matters I am assured you received no Insatisfaction For you know my Minde And you know my Means which now the Openness of the time caused by this blessed Consent and Peace will encrease And so our Agreement according to your time be observed For the present according to the Roman Adage That one Cluster of Grapes ripeneth best besides another I know you hold me not unworhty whose muâ—ual Friendship you should cherish And I for my part conceive good hope that you are likely to become an acceptable Servant to the King our Master Not so much for any way made heretofore which in my Judgementâ— will make no great difference as for the Stuff and Sufficiency which I know to be in you And whereof I know his Majesty may reap great Service And therefore my general Request is that according to that industrious Vivacity which you use towards your Friends you will further his Majesties good Conceit and Inclination towards me To whom words can not make me known Neither mine own nor others but Time will to no Disadvantage of any that shall fore-runn his Majesties Experience by your Testimony and Commendation And though Occasion give you the Precedence of Doing me this special good Oâ—fice yet I hope no long time will intercede before I shall have some means to requite your Favour and acquit your Report More particularly having thought good to make Oblation of my most humble Service to his Majesty by a few Lines I doe desire your loving care and help by your Self or such Means as I referr to your Discretion to deliver and present the same to his Majesties Hands Of which Letter I send you a Copy that you may know what you carry And may take of Mr. Matthew the Letter it Self if you be pleased to undertake the Delivery Lastly I doe commend to your Self and such your Curtesies as Occasion may require this Gentleman Mr. Matthew eldest Sonne to my Lord Bishop of Duresm and my very good Friend Assuring you that any Curtesy you shall use towards him you shall use to a very worthy young Gentleman and one I know whose Acquaintance you will much esteem And so I ever continue A Letter to Mr. Davis then gone to the King at his first Entrance MR. Davis Though you went on the sudden yet you could not goe before you had spoken with your Self to the purpose which I will now write And therefore I know it shall be altogether needless save that I meant to shew you that I was not asleep Briefly I commend my Self to your Love and the well using my Name As well in repressing and answering for me if there be any Biting or Nibling at it in that Place As by imprinting a good Conceit and Opinion of me chiefly in the King of whose favour I make my Self comfortable Assurance As otherwise in that Court And not onely so but generally to perform to me all the good Offices which the Vivacity of your Wit can suggest to your minde to be performed to one with whose Affection you have so great Sympathy And in whose Fortune you have so great Interest So desiring you to be good to concealed Poets I continue A Letter to Mr. Faules 28 Martii 1603. MR. Faules I did write unto you yesterday by Mr. Lake who was dispatched hence from their Lordships a Letter of Revivour of those Sparks of former Acquaintance between us in my Brothers time And now upon the same Confidence finding so fit a Messenger I would not fail to salute you Hoping it will fall out so happily as that you shall be one of the Kings Servants which his Majesty will first employ here with us where I hope to have some means not to be barren in Friendship towards you We all thirst after the Kings Comming accounting all this but as the Dawning of the Day before the Rising of the Sun till we have his Presence And though now his Majestie must be Ianus Bifrons to have a Face to Scotland as well as to England yet Quod nunc instat agendum The Expectation is here that he will come in State and not in Strength So for this time I commend you to Gods Goodness A Letter to Mr. Robert Kempe upon the Death of Queen Elizabeth MR. Kempe This Alteration is so great as you might justly conceive some Coldness of my Affection towards you if you should hear nothing from me I living in this Place It
within the last Division agreeable to divers presidents whereof I had the Records ready And concluded that your Majesties Safety and Life and Authority was thus by Law inscansed and quartered And that it was in vain to fortify on Three of the sides and so leave you open on the Fourth It is true he heard me in a grave fashion more than accustomed and took a Pen and took notes of my Divisions And when he read the Presidents and Records would say This you mean falleth within your first or your second Division In the end I expresly demanded his Opinion as that whereto both he and I was enjoyned But he desired me to leave the Presidents with him that he might advise upon them I told him the rest of my Fellows would dispatch their part and I should be behinde with mine which I perswaded my Self your Majesty would impute rather to his Backwardness than my Negligence He said as soon as I should understand that the rest were ready he would not be long after with his Opinion For I. S. your Majesty knoweth the day draweth on And my Lord Chancellers Recovery the Season and his Age promising not to be too hasty I spake with him on Sunday at what time I found him in Bed but his Spirits strong and not spent or wearied And spake wholly of your Business leading me from one Matter to another And wished and seemed to hope that hee might attend the day for I. S. and it were as he said to be his last work to conclude his Services and express his Affection towards your Majesty I presumed to say to him that I knew your Majesty would be exceeding desirous of his being present that day so as that it mought be without prejudice to his continuance But that otherwise your Majestie esteemed a Servant more than a Service especially such a Servant Surely in mine Opinion your Majesty were better put off the dayâ— than want his presence considering the Cause of the putting off is so notorioâ—s And then the Capital and the Criminal may come together the next Term. I have not been unprofitable in helping to discover and examine within these few dayes a late Patent by Surreption obtained from your Majesty of the greatest Forest in England worth 30000 l. under Colour of a Defective Title for a matter of 400 l. The Person must be named because the Patent must be questioned It is a great Person my Lord of Shrewsbury Or rather as I think a greater than he which is my Lady of Shrewsbury But I humbly pray your Majesty to know this first from my Lord Treasurer who methinks groweth even studious in your Business God preserve your Majesty Your Majesties most humble and devoted Subject and Servant The rather in regard of Mr. Murray's Absence I humbly pray your Majesty to have a little regard to this Letter A Letter to the King touching my Lord Chancellers Amendment and the putting off of J. S. his Cause February 7. 1614. It may please your excellent Majesty MY Lord Chanceller sent for me to speak with me this Morning about 8. of the clock I perceive he hath now that Signum Sanitatis as to feel better his former weakness For it is true I did a little mistrust that it was but a Boutade of Desire and good Spirit when he promised himself strength for Friday though I was wonn and carried with it But now I finde him well inclined to use should I say your Liberty or rather your Interdict signifyed by Mr. Secretary from your Majesty His Lordship shewed me also your own Letter whereof he had told me before but had not shewed it me What shall I say I doe much admire your Goodness for writing such a Letter at such a time He had sent also to my Lord Treasurer to desire him to come to him about that time His Lordship came And not to trouble your Majesty with circumstances both their Lordships concluded my Self present and concurring That it could be no prejudice to your Majesties Service to put off the day for I. S. till the next Term. The rather because there are Seven of your Privy Council which are at least Numerus and part of the Court which are by Infirmity like to be absent That is my Lord Chanceller my Lord Admiral my Lord of Shrewsbury my Lord of Exceter my Lord Zouch my Lord Stanhope and Mr. Chanceller of the Dutchy wherefore they agreed to hold a Council too morrow in the afternoon for that purpose It is true that I was alwayes of Opinion that it was no time lost And I doe think so the rather because I could be content that the Matter of Peacham were first setled and put to a point For there be perchance that would make the Example upon I.S. to stand for all For Peacham I expect some account from my Fellows this day If it should fall out otherwise then I hope it may not be left so Your Majesty in your last Letter very wisely put in a Disjunctive that the Iudges should deliver an Opinion privately either to my Lord Chanceller or to our Selves distributed His Sickness made the later way to be taken But the other may be reserved with some Accommodating when we see the success of the Former I am appointed this day to attend my Lord Treasurer for a Proposition of Raising Profit and Revenew by Infranchising Copyholders I am right glad to see the Patrimonial part of your Revenew well look'd into as well as the Fiscal And I hope it will so be in other parts as well as this God preserve your Majestie Your Majesties most humble and devoted Subject and Servant A Letter to the King of account of Owens Cause c. 11 February 1614. It may please your excellent Majesty MY Self with the rest of your Counsel Learned confered with my Lord Cooke and the rest of the Iudges of the Kings Bench onely being met at my Lords Chamber concerning the business of Owen For although it be true that your Maiesty in your Letter did mention that the same Course might be held in the Taking of Opinions apart in this which was prescribed and used in Peachams Cause yet both my Lords of the Council and we amongst our Selves holding it in a Case so clear not needfull But rathat it would import a diffidence in us and deprive us of the means to debate it with the Iudges if cause were more strongly which is somewhat we thought best rather to use this Form The Iudges desired us to leave the Examinations and Papers with them for some little time to consider which is a thing they use But I conceive there will be no manner of Question made of it My Lord Chief Iustice to shew forwardness as I interpret it shewed us passages of Suarez and others thereby to prove that though your Majesty stood not Excommunicate by particular Sentence yet by the General Bulls of Coena Domini and others you were upon the matter Excommunicate And
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
and Treaties of Intercourse with Forrain Nations I touched them before In these Points of the straight and more inward Vnion there will interveyn one principall Diffiâ—ulty and Impediment growing from that Root which Aristotle in his Politicks maketh to be the Root of all Division and Dissention in Common Wealths And that is Equality and Inequality For the Realm of Scotland is now an Ancient and Noble Realm substantive of it self But when this Island shall be made Britain then Scotland is no more to be considered as Scotland but as a part of Britain No more then England is to be considered as England but as a part likewiâ—e of Britain And consequently neither of these are to be considered as Things entire of themselves but in the Proportion that they bear to the Whole And therefore let us imagine Nam id Mente Possumus quod actu non Possumus that Britain had never been divided but had ever been one Kingdome Then that part of Soyl or Territory which is comprehended under the Name of Scotland is in quantity as I have heard it esteemed how truly I know not Not past a third paâ—t of â—ritain And that part of Soyl or Territory which is comprehended under the Name of England is two parts of Britain Leaving to speak of any Difference of Wealth or Population and speaking onely of Quantity So then if for Example Scotland should bring to Parliament as much Nobility as England then a Third part should countervail two parts Nam si Inaequalibus aequalia addas omnia erunt â—naequalia And this I protest before God and your Majesty I do speak not as a Man born in England but as a Man born in Britain And therefore to descend to the particulars For the Parliaments the Consideration of that Point will fall into four Questions 1. The first what proportion shall be kept between the Votes of England and the Votes of Scotland 2. The Second touching the Manner of Proposition or possessing of the Parliament of Causes there to be handled Which in England is used to be done immediaâ—ly by any Member of the Parliament or by the Prolocutor And in Scotland is used to be done immediatly by the Lords of the Articles Whereof the one Form seemeth to have more Liberty and the other more Grâ—vity and Maturity And therefore the Question will be whether of these shall yield to other Or whether there should not be a Mixture of both by some Commissions precedent to every Parliament in the Nature of Lords of the Articles And yet not Excluding the Liberty of propounding in full Parliament afterwards 3. The Third touching the Orders of Parliament how they may be compounded and the best of either taken 4. The Fourth how those which by Inheritance or otherwise have Offices of Honour and Ceremony in both the Parliaments as the Lord Steward with us c. may be satisfied and Duplicity accommodated For the Councells of Estate while the Kingdomes stand divided it should seem necessary to continue severall Councells But if your Majâ—styâ— should proceed to a strict Vnion then howsoever your Majesty may establish some Provinciall Councells in Scotland as there is here of Yorke and in the Marches of Wales Yet the Question will be whether it will not be more convenient for your Majesty to have but one Trivy Councell about your Person Whereof the Principall officers of the Crown of Scotland to be for Dignity sake howsoever their Abiding and Remaining may be as your Majesty shall imploy their Service But this Point belongeth meerely and wholy to your Majesties Royall Will and Pleasure For the Officers of the Crown the Consideration thereof will fall into these Questions First in regard of the Latitude of your Kingdom and the Distance of Place whether it will not be Matter of necessity to continue the severall Officers because of the Impossibility for the service to be performed by one The Second admitting the Duplicity of Officers should be continued yet whether there should not be a Difference that one should be the Principall Officer and the other to be but Speciall and Subalterne As for example one to be Chancellour of Britain and the other to be Chancellour with some speciall Addition As here of the Dutchy c. The Third if no such specialty or Inferiority be thought fit then whether both Officers should not have the Tiâ—le and the Name of the whole Island and Precincts As the Lord Chanceller of England to be Lord Chanceller of Britain And the Lord Châ—nceller of Scotland to be Lord Chanceller of Britain But with severall proviso's that they shall not intromit themselves but within their severall precincts For the Nobilities the Consideration thereof will fall into these Questions The First of their Votes in Parliament which was touched before what proportion they shall bear to the Nobility of England Wherein if the Proportion which shall be thought â—it be not full yet your Majesty may out of your Prerogative supply it For although you cannot make fewer of Scotland yet you may make more of England The Second is touching the Place and Precedence wherein to marshall them according to the Precedence of England in your Majesties Stile And according to the Nobility of Ireland That is all English Earles first and then Scottish will be thought unequall for Scotland To marshall them according to Antiquity will be thought unequall for England Because I hear their Nobility is generally more ancient And therefore the Question will be whether the indifferentest way were not to take them enterchangeably As for Example First the Ancient Earl of England And then the Ancient Earl of Scotland And so Alternis Vicibus For the Lawes to make an intire and perfect Vnion it is a Matter of great Difficulty and Length Both in the Collecting of them and in the Passing of them For first as to the Collecting of them there must be made By the Lawyers of either Nation a Disgest under Titles of their severall Lawes and Customesâ— Aswell Common Lawes as Staâ—utes That they may be Collated and Compared And that the Diversities may appear and be discerned of And for the Passing of them we see by expeâ—rience that Patrius Mos is dear to all men And that Men are bred and nourished up in the Love of it And therefore how harsh Changes and Innovations are And we see likewise what Disputation and Argument the Alteration of some one Law doth cause and bring forth How much more the Alteration of the whole Corps of the Law Therefore the first Question will be whether it be not good to proceed by parts and to take that that is most necessary and leave the rest to Time The Parts therâ—fore or Subject of Lawes are for this purpose fitliest distributed according to that ordinary Division of Criminall and Civill And those of Criminall Causes into Capitall and Penall The Second Question therefore is Allowing the Generall Vnion of Lawes to
be too great a Work to embrace whether it were not convenient that Cases Capitall were the same in both Nations I say the Cases I do not speak of the Proceedings or Trials That is to say whether the same Offences were not fit to be made Treason or Felony in both places The Third Question is whether Cases Penall though not Capitall yet if they concern the Publick State or otherwise the Discipline of Manners were not fit likewise to be brought into one Degree As the Case of Misprision of Treason The Case of Premunire The Case of Fugitives The Case of Incest The Case of Simony and the rest But the Question that is more urgent then any of these is Whether these Cases at the least be they of an higher or inferiour degrâ—e Wherein the Fact committed or Act done in Scotland may prejudice the State and Subjects of England or é converso Are not to be reduced into one Vniformity of Law and Punishment As for Example A perjury committed in a Court of Iustice in Scotland cannot be prejudiciall in England Because Depositions taken in Scotland cannot be produced and used here in England But a Forgery of a Deed in Scotland I mean with a false Date of England may be used and given in Evidence in England So likewise the Depopulating of a Town in Scotland doth not directly prejudice the State of England But if an English Merchant shall carry Silver and Gold into Scotland as he may and thence transport it into forrain parts this prejudiceth the State of England And may be an Evasion to all the Lawes of England ordained in that Case And therefore had need to be bridled with as severe a Law in Scotland as it is here in England Of this kind there are many Lawes The Law of the 50 of Rich. the 2. of going over without licence if there be not the like Law in Scotland will be frustrated and evaded For any Subject of England may go first into Scotland and thence into forrain parts So the Lawes prohibiting Transportation of sundry Commodities as Gold and Silver Ordnance Artillery Corn c. if there be not a Correspondence of Lawes in Scotland will in like manner be deluded and frustrate For any English Merchant or Subject may carry such Commodities first into Scotland as well as he may carry them from Port to Port in England And out of Scotland into Forrain Parts without any Perill of Law So Libells may be devised and written in Scotland and published and scattered in England Treasons may be plotted in Scotland and executedâ— in England And so in many other Cases if there be not the like Severity of Law in Scotland to restrain Offences that there is in England whereof we are here ignorant whether there be or no It will be a Gap or Stop even for English Subjects to escape and avoid the Lawes of England But for Treasons the best is that by the Statute of 26. K. Hen. the 8'h Cap. 13. any Treason committed in Scotland may be proceeded with in England as well as Treasons committed in France Rome or elsewhere For Courts of Iustice Trialls Processes and other Administration of Lawes to make any Alteration in either Nation it will be a Thing so new and unwonted to either People That it may be doubted it will make the Administration of Iustice Which of all other Things ought to be known and certain as a beaten way To become intricate and uncertain And besides I do not see that the Severalty of Administration of Iustice though it be by Court Soveraign of last Resort I mean without Appeal or Errour Is any Impediment at all to the Vnion of a Kingdom As we see by Experience in the severall Courts of Parliament in the Kingdome of France And I have been alwayes of Opinion that the Subjects of England do already fetch Iustice somewhat far off more then in any Nation that I know the largeness of the Kingdome Considered though it be holpen in some part by the Circuits of the Iudges And the two Councels at York and in the Marches of Wales established But it may be a good Question whether as Commune Vinculum of the Iustice of both Nations your Majesty should not erect some Court about your person in the Nature of the Grand Councell of France To which Court you might by way of Evocation draw Causes from the ordinary Iudges of both Nations For so doth the French King from all the Courts of Parliament in France Many of which are more remote from Paris then any part of Scotland is from London For Receits and Finances I see no Question will arise In regard it will be Matter of Necessity to establish in Scotland a Receit of Treasure for Payments and Erogations to be made in those parts And for the Treasure of Spare in either Receipts the Custodies thereof may well be severall considering by your Majesties Commandement they may be at all times removed or disposed according to your Majesties Occasions For the Patrimonies of both Crowns I see no Question will arise Except your Majesty would be pleased to make one compounded Annexation for an Inseparable Patrimony to the Crown out of the Lands of both Nations And so the like for the Principality of Britain and for other Appennages of the rest of your Children Erecting likewise such Dutchies and Honours compounded of the Possessions of both Nations as shall be thought fit For Admiralty or Navy I see no great question will arise For I see no Inconvenience for your Majesty to continue Shipping in Scotland And for the Iurisdictions of the Admiralties and the Profits and Casualties of them they will be respective unto the Coasts over against which the Seas lye and are situated As it is here with the Admiralties of England And for Merchandizing it may be a Question whether that the Companies of the Merchant Adventurers of the Turky Merchants and the Muscovy Merchants if they shall be continued should not be compounded of Merchants of both Nations English and Scottish For to leave Trade free in the one Nation and to have it restrained in the other may percase breed some Inconvenience For Freedomes and Liberties the Charters of both Nations may be reviewed And of such Liberties as are agreeable and convenient for the Subjects and People of both Nations one Greaâ— Charter may be made and confirmed to the Subjects of Britain And those Liberties which are peculiar or proper to either Nation to stand in State as they do But for Imposts and Customes it will be a great Question how to accommodate them and reconcile them For if they be much easier in Scotland then they be here in England which is a Thing I know not then this Inconvenience will follow That the Merchants of England may unlade in the Ports of Scotland And this Kingdome to be served from thence and your Majesties Customes abated And for the Question whether the Scottish
Affection and Intention For I hold it for a Rule that there belongeth to great Monarchs from Faithâ—ull Servants not onely the Tribute of Duty but the Oblations of cheerfulnesse of Heart And so I pray the Almighty to blesse this great Action with your Majesties Care And your Care with Happy Successe ADVICE TO THE KING TOUCHING Mr. SUTTONS ESTATE May it please Your MAIESTY I Find it a Positive Precept of the Old Law That there should be nâ— Sacrifice without Salt The Morall whereof besides the Ceremony may be That God is not pleased with the Body of a good Intention Except it be seasoned with that Spirituall Wisedome and Iudgement as it be not easily Subject to be corrupted and perverted For Salt in the Scripture is a Figure both of Wisedome and Lasting This commeth into my Mind upon this Act of Mr. Sutton Which seemeth to me as a Sacrifice without Salt Having the Materials of a Good Intention but not powdred with any such Ordinances and Institutions as may preserve the same from turning Corrupt Or at least from becomming Vnsavoury and of little Vse For though the Choice of the Feoffees be of the best yet neither can they alwayes live And the very Nature of the Work it self in the vast and unfâ—â— Proportions thereof being apt to provoke a Mis-imployment It is no Diligence of theirs except there be a Digression from that Modell that can excuse it from running the same way that Gifts of like Condition have heretofore done For to desigâ— the Charter-house a Building fit for a Princes Habitaâ—ion for an Hospitall Is all one as if one should give in Almes a Rich Embroydeâ—ed â—loak to a Beggar And certainly a Man may see Tanquam quae Oculâ—s Cernuntur that if such an Edifice with Six Thousand pounds Revenue be erected into one Hospitall It will in small time degenerate to be made a preferment of some great Person to be Master and he to take all the sweet and the Poor to be stinted and take but the Crums As it comes to passe in divers Hospitals of this Realm Which have but the Names of Hospitalls and are but wealthy Beneficeâ— in respect of the Mastership But the Poor which is the Propter quid little relieved And the like hath been the Fortune of much of the Almes of the Roman Religion in the Great Foundations which being begun in Vain-Glory and Ostentationâ— have had their Judgement upon them to end in Corruption and Abuse This Meditation hath made me presume to write these few Lines to your Majesty Being no better â—hen good Wishes which your Majesties great Wisedom may make some thing or Nothing of Wherein I desire to be thus understood That if this Foundation such as it is be perfect and Good in Law Then I am too well acquainted with your Majesties Disposition to advise any Course of power or Profit that is not grounded upon a Right Nay further if the Defects be such as a Court of Equiâ—y may Remedy and Cure Then I wish that as Saint Peterâ— shadow did cure Diseases So the very shadow of a Good Intention may cure Defects of that Nature But if there be a Right and Birth-right planted in the Heir And not Remediable by Courts of â—quity And that Right be submitted to your Majesty Whereby it is both in your power and Grace what to do Then I do wish that this rude Masse and Chaosâ— of a Good Deed were directed rather to a Solide Merit and Durable Charity then to a Blaze of Glory that will but crackle a little in Talk and quickly extinguish And this may be done observing the Species of Mr. Suttons Intent though varying in Individuo For it appeares that he had in Notion a Triple Good An Hospitall And a Schoole And Maintaining of a Preacher Which Individualls refer to these Three Generall Heads Relief of Poore Advancement of Learning And Propagation of Religion Now then if I shall set before your Majesty in every of these Three Kindes what it is that is most wanting in your Kingdome And what is like to be the most Fruitfull Effectuall use of such a Beneficence and least like to be perverted That I think shall be no ill Scope of my Labour how meanly soever performed For out of Variety represented Election may be best grounded Concerning the Relief of the Poore I hold some Number of Hospitalls with Competent Endowments will do far more good then one Hospitall of an Exorbitant Greatnesse For though the one Course will be the more Seene yet the other will be the more Felt. For if your Majesty erect many besides the observing the Ordinary Maxime Bonum quo communius eo melius choice may be made of those Townes and Places where there is most Need And so the Remedy may be Distributed as the Disease is Dispersed Again Greatnesse of Reliefe accumulate in one place doth rather invite a Swarm and Surcharge of Poore then relieve those that are naturally bred in that place Like to ill tempred Medicines that draw more Humour to the Part then they Evacuate from it But chiefly I rely upon the Reason that I touched in the Beginning That in these Great Hospitalls the Revenues will draw the Vse and not the Vse the Revenues And so through the Masse of the Wealth they will swiftly tumble down to a Misemployment And if any Man say that in the Two Hospitalls in London there is a President of Greatnesse concurring with Good Employment Let him consider that those Hospitalls have Annuall Governers That they are under the Superiour Care and Policy of such a state as the City of London And chiefly that their Revenues consist not upon Certainties but upon Casualties and Free Gifts Which Gifts would be with-held if they appeared once to be perverted So as it keepeth them in a continuall Good Behaviour and Awe to employ them aright None of which Points do match with the present Case The next ConsideratioÌ„ may be whether this intended Hospital as it hath a more ample Endowment then other Hospitals have should not likewise work upon a better Subject then other Poore As that it should be converted to the Relief of Maimed Souldiers Decayed Merchants Householders Aged and Destitute Church-men and the like Whose Condition being of a better sorâ— then loose People Begâ—gars deserveth both a more Liberal Stipend Allowance and some proper place of Relief not intermingled or coupled with the Basest Sort of Poore Which Project though Specious yet in my Judgement will not answer the Designment in the Event in these our Times For certainly few Men in any Vocation which have been some Body and beare a Mind somewhat according to the Conscience and Remembrance of that they have been will ever descend to that Condition as to professe to live upon Almes and to become a Corporation of Declared Beggars But rather will choose to live Obscurely and as it were to hide themselves with some private Friends So that the End of