and Banks Some Things that were conceived to be in some Proclamations Commissions and Pattents as Overflowes have been by his Wisedom and Care reduced whereby no doubt the Main Channell of his Prerogative is so much the stronger For evermore Overflowes do hurt the Channell As for Administration of Iustice between Party and Party I pray observe these points There is no Newes of Great Seal or Signet that flies abroad for Countenance or Delay of Causes Protections rarely granted and only upon great Ground or by Consent My Lords here of the Councell and the King himself meddle not as hath been used in former times with Matters of Meum and Tuum except they have apparent mixture with Matters of Estate but leave them to the Kings Courts of Law or Equity And for Mercy and Grace without which there is no standing before Iustice we see the King now hath raigned 12. years in his White Robe without almost any Aspâ—rsionâ— of the Crimsâ—n Die of â—lood There sits my Lord Hobâ—rt â—hat served Atâ—urney seven years I served with him We were so happy as there passed not through our hands any one Arraignment for Treason And but one for any Capitall Offence which was that of the Lord Sanquier The Noblest piece of Iustice one of them that ever came â—orth in any Kings Times As for Penall Lawes which lie as Snares upon the Subjects And which were as a Nemo seit to King Henry 7. It yeelds a Revenue that will scarce pay for the Parchment of the Kings Records at Wâ—stminster And lastly for Peace we see manifestly his Majesty bears some Resemblance of that great Name A Prince of Peace He haâ—h preserved his Subjects during his Raign in Peace both within and wiâ—hout For the Peace with States abroad We have it usque ad Satietatem And for Peace in the Lawyers phrase which count Trespasses and Forces and Riots to be Contra pacem Leâ— me give your Lordships this Token or Tast That this Court where they should appear had never lesse to do And certainly there is no better Sign of Omnia benè then when this Court is in a Still But my Lords this is a Sea of Matter And therefore I must give it over and conclude That there was never King raigned in this Nation that did better keep Covenant in preserving the Liberties and procuring the Good of his People So that I must needs say for the Subjects of England O Fortunatos nimium sua si bona nôrint As no doubt they do both know and acknowledge it Whatsoever a few turbulent Discoursers may through the Lenity of the time take Boldness to speak And as for this particular touching the Benevolence wherein Mr. I.S. doth assign this breach of Covenant I leave it to others to tell you what the King may do Or what other Kings have done But I have told you what our King and my Lords have done Which I say and say again is so far from introducing a new President As it doth rather correct and mollifie and qualifie former presidents Now Mr. I. S. let me tell you your fault in few words For that I am perswaded you see it already Though I wooe no Mans Repentance But I shall as much as in me is cherish it where I find it Your Offence hath three parts knit together Your Slander Your Menace and Your Comparison For your Slander it is no lesse then that the King is perjured in his Coronation Oath No greater Offence then Perjury No greater Oath then that of a Coronation I leave it It is too great to aggravate Your Menace that if there were a Bulling-broke or I cannot tell what there were Matter for him is a very seditious Passage You know well that howsoever Henry the fourths Act by a secret Providence of God prevailed yet it was but an Vsurpation And if it were possible for such a one to be this day wherewith it seemes your Dreames are troubled I do not doubt his End would be upon the Block And that he would sooner have the Ravens sit upon his Head at London Bridge then the Crown at Westminster And it is not your interlacing of your God forbid that will salve these seditious Speeches Neither could it be a Fore-warning because the Matter was past and not revocable But a very Stirring up and Incensing of the People If I should say to you for Example if these times were like some former times of King H. 8 Or some other times which God forbid Mr. I. S it would cost you your life I am sure you would not think this to be a gentle warning but rather that I incensed the Court against you And for your Comparison with R. the 2. I see you follow the Example of them that brought him upon the Stage and into Print in Queen Elizabeths time A most prudent and admirable Queen But let me entreat you that when â—ou will speak of Queen Elizabeth or King Iames you would compare them to K. H. the 7th or K. Ed. 1. Or some other Paralels to which they are like And this I would wish both you and all to take heed of How you speak seditious Matterâ— in Parables or by Tropes or Examples There is a thing in an Indictment called an Innuendo You must beware how you becken or make Signs upon the King in a Dangerous sense But I will contain my self and Press this no further I may hold you for Turbulent or Presumptuous but I hope you are not Disloyall You are graciously and mercifully dealt with And therefore having now oâ—ened to my Lords and as I think to your own Heart and Conscience the principall part of your Offence which concerns the King I leave the rest which concerns the Law Parliament and the Subjects that have given to Mr. Serjeants and Mr. Sollicitour The Charge of Owen indicted of High Treason in the Kings Bench by Sir Francis Bacon Knight his Majesties Atturney Generall THe Treason wherewiâ—h this Man standeth Charged is for the Kind and Nature of it Ancient As Ancient as there is any Law of England But in the particular Late and Upstart And again in the Manner and Boldness of the present Case New and almost unheard of till this Man Of what mind he is now I know not but I take him as he was and as he standeth charged For High Treason is not written in Ice That when the Body relenteth the Impression should go away In this Cause the Evidence it self will spend little Time Time therefore will be best spent in opening fully the Nature of thiâ— Treason with the Circumstances thereof Because the Example is more then the Man I think good therefore by way of Inducement and Declaration in this Cause to open unto the Court Iury and Hearers five Things The first is the Clemency of the King Because it is Newes and a kind of Rarety to have a proceeding in this place upon Treason And perhaps it may be marvelled by some why after
Seal and against the Consumption of the Means and estate which was speedy Iustice. Bis dat qui citò dat The fourth was that Iustice might passe with as easie charge as mought be And that those same Brambles that grow about Iustice of needlesse Charge and Expence And all manner of Exactions mought be rooted out so far as mought be These Commandements my Lords are Righteous And as I may term them Sacred And therefore to use a Sacred Form I pray God blesse the King for his great care over the Iustice of the Land And give me his poor Servant Grace and Power to observe his Precepts Now for a Beginning towards it I have set down and applied particular Orders to every one of these four Generall Heads For the Excesse or Tumour of this Court of Chancery I shall divide it into five Natures The first is when the Court doth embrace or retain Causes both in Matter and Circumstance meerly Determinable and Fit for the Common Law For my Lords the Chancery is ordained to supply the Law and not to subvert the Law Now to describe unto you or delineate what those Causes are and upon what differences that are fit for the Court were too long a Lecture But I will tell you what Remedy I have prepared I will keep the Keyes of the Court my self and I will never refer any Demurrer or Plea tending to discharge or dismisse the Court of the Cause to any Mr. of the Chancery But judge oâ— itâ— my self or at least the Mr. of the Rowles Nay further I will appoint regularly that on the Tuesday in every week which is the Day of Orders first to hear all Motions of that Nature before any other That the Subject may have his Vale at first without further attending And that the Court do not keep and accumulate a Miscellany and Confusion of Causes of all Natures The sâ—cond Point concerneth the time of the Complaint And the late Commers into the Chancery which stay till a Iudgement be passed against them at the Common Law and then complain Wherein your Lorships may have heard a great Ratâ—le and a Noyse of a Premunire and I cannot tell what But that Question the King hath setled according to the ancient presidentâ— in all times continued And this I will say that the Opinion not to relieve any Case afâ—er Iudgement would be a guilty Opinion Guilty of the Ruine and Naufrage and perishing of infinite Subjects And as the King found it well out why should a Man fly into the Chancery before he be Hurt The whole need not the Physician but the sick But My Lords the Power would be preserved but then the Practise would be moderate My Rule shall be therefore that in Case of Complaints after Iudgement except the Iudgements be upon Nihil dicit which are but Disguises of â—udgement Obtained in Contempt of a preceding Order of this Court yea and after Verdicts also I will have the Party Complainant enter into good Boâ—d to prove his Suggestion So that if he will be relieved against a Iudgement at Common Law upon Matter of Equity He shall do it Tanquam in Vinculis at his Perill The Third Point of Excesse may be the over Frequent and Facile Granting of Injunctions for the staying of the Common Lawes Or the Altering Possessions wherein these shall be my Rules I will grant no Injunction mereely upon Priority of suit That is to say Because this Court was first possessed A Thing that was well reformed in the late Lord Chancellers time but used in Chanceller Broomeleyes time Insomuch as I remember that Mr. Dalton the Councellor at Law put a Pasquill upon the Coâ—rt in Nature of a Bill For seeing it was no more but My Lord the Bill came in on Munday and the Arrest at Common Law was on Tuesday I pray the Injunction upon Priority of Suite He caused his Clâ—ent that had a Loose Debteâ— to put a Bill into the Chancery bâ—forâ— the Bond due to him was forfeited to desire an Order that he might have his Money at the Day Because he would be sure to be before the other I do not mean to make it a Matter of an Horse-Race or Poasting who shall be first in Chancery or in Courts of Law Neither will I grant an Injunction upon Matâ—er conâ—ained in the Bill only be it never so smooth and Specious But upon Matter confessed in the Defendants Answer Or Matter pregnant in Writing or of Record Or upon Contempt of the Defendant in not Appearing or not Answering or Trifling with the Court by insufficient Answering For then it may be thought the Defendant stands out upon purpose to get the start at the Common Law And so take Advantage of his own Contempt which may not be suffered As for Injunctions for possession I shall maintaine possessions as they were at the time of the Bill exhibited And for the space of a year before Except the possession were gotten by Force or by any Trick Neither will I alter Possession upon Interlocutory Orders untill a Decree Except upon Matter plainly confessed in the Defendants Answer joyned with a plain Disability and Insolvency of the Defendants to answer the Profits As for taking the Possession away in respect of Contempts I will have all the proceedings of the Court spent first and a Sequestration of the Profits before I come to an Injunction The Fourth Part of Excesse is concerning the Communicating of the Authority of the Chanceller too far And making upâ—n the matter too many Chancellors by relying too much upon Reports of the Masters of the Chancery as concludent I know my Lords the Masters of the Chancery are Reverend Men And the great Mass of Businesse of the Court cannot be sped without them And it is a Thing the Chanceller may soon fall into for his own Ease to rely too much upon them But the Course that I will take generally shall be this That I will make no Binding Order upon any report of the Masters without giving a seven nights day at the least to shew cause against the Report which nevertheless I will have done modestly with due reverence towards them And again I must utterly discontinue the Making of an Hypotheticall or Conditionall Order That if a Master of the Chancery do certifie thus that then it is Ordered without further Motion For that is a Surprise and gives no time for Contradiction The last Point of Excesse is If a Chanceller shall be so much of himself as he should neglect Assistance of Reverend Iudges in Cases of Difficulty especially if they touch upon Law or Calling them shall do it but Pro formâ tantùm and give no due respect to their Opinions Wherein my Lords preserving the Dignity and Majesty of the Court which I count rather increased then diminished by grave and due Assistance I shall never be found so Soveraign or abundant in mine own sense but I shall both desire and make true use of
Assistants Nay I assure your Lordships if I should find any main Diversity of Opinion of my Assistants from mine own Though I know well the Iudicature wholy resides in my self yet I think I should have Recourse to the Oracle of the Kings own Judgement before I should pronounce And so much for the temperate use of the Authority of this Court wherein the Health of the Court doth much consist As that of the Body consists in Temperance For the Second Commandement of his Majesty touching staying of Grants at the Great Seale There may be just Cause of Stay Either in the Matter of the Grant Or in the Manner of pâ—ssing the same Out of both which I extract these 6. principall Cases which I will now make known All which neverthelesse I understand to be wholly submitted to his Majesties Will and Pleasure after by me he shall have been informed For if Iteratum Mandatum do come Obedience is better then sacrifice The First Case is where any Matter of Revenew or Treasure or Profit passeth from his Majesty My First Duty shall be to examine whether the Grant hath passed in the due and naturall Course by the Great Officers of the Revenew The Lord Treasurer and Chanceller of the Exchequer And with their privity which if I find it not to be I must presume it to have passed in the dark and by a kind of surreption And will make stay of it till his Majesties pleasure be further known Secondly if it be a Grant that is not meerly vulgar And hath not of Course passed at the Signet by a Fac Simile But needeth Science my Duty shall be to examine whether it hath passed by the Learned Counsell and had their Dockets which is that which his Majesty reades and that leades him And if I find it otherwise although the Matter were not in it self inconvenient yet I hold it Just Cause of Stay for Presidents sake to keep Men in the right way Thirdly if it be a Grant which I conceive out of my little knowledge to be against the Law Of which nature Theodosius was wont to say when he was pressed I said it but I granted it not if it be unlawâ—ull I will call the learned Counsell to it As well him that drew the Book as the Rest or some of them And if we find cause I will enform his Majesty of our Opinion either by my self or some of them For as for the Iudges they are Iudges of Grants past but not of Grants to come except the King call them Fourthly if the Grants be against the Kings Booke of Bounty I am expresly Commanded to stay them untill the King either Revise his Booke in Generall or give Direction in the particular Fiftly if as a Counseller of Estate I do foresee inconvenience to ensue by the Grant in reason of Estate in respect of the Kings Honour Or Discontent or Murmur of the People I will not trust mine own Judgement but I will either acquaint his Majesty with it or the Couâ—sell Table or some such of my Lords as I shall think fit Lastly for Matter of Pardons If it be of Treason Misprision of Treason Murther either expressed or involute by a non Obstante Or of a Pyracy or Premunire or of Fines Or Exemplary punishment in Star-Chamber Or of some other natures I shall by the grace of God stay them untill his Majesty who is the Fountain of Grace may resolve between God and him understanding the Case how far Grace shall abound or superabound And if it be of Persons attainted and Convicted of Burglaryâ— c. Then will I examin whether the Pardons pasâ—ed the Hand of any Justice of Assise Or other Commissioners before whom the Triall was made And if not I think it my duty also to stay them Thus your Lordships see in this Matter of the Seal agreeable to the Commandement I have received I mean to walk in the Light So that Men may know where to find me And this publishing thereof plainly I hope will save the King from a great deal of Abuse And Me from a great deal of Envy When Men shall see that no particular Turn or end leades me but a Generall Rule For the Third Generall Head of his Majesties Precepts concerning Speedy Iustice I am resolved that my Decree shall come speedily if not instantly after the Hearing And my signed Decree pronounced For it hath been a Manner much used of late in my last Lords time oâ— whom I learn much to Imitate and with due reverence to his memory let me speak it Much to avoid That upon the Solemn Full Hearing of a Cause nothing is pronounced in Court But Breviates are required to be made Which I do not dislike in it self in Causes perplexed For I confess I have somwhat of the Cunctative And I am of Opinion that whosoever is not wiser upon Advice then upon the suddain The same Man is no wiser at 50. yeares old then he was at 30. And it was my Fathers ordinary Word You must give me time But yet I find that when such Breviates were taken the Cause was sometimes forgotten a Terme or two And then set down for a New hearing or a Rehearing three or four Termes after Of which kind of Intermission I see no Use And therefore I will promise regularly to pronounce my Decree within few dayes after my Hearing And to sign my Decree at least in the Vacation after the pronouncing For fresh Iustice is the sweetest And besides Iustice ought not to be delayed And it will also avoid all Meanes-making or Labouring For there ought to be no Labouring in Causes but the Labouring of the Counsell at the Barr. Again because Iustice is a Sacred Thing And the end for which I am called to this place And therefore is my way to Heaven And if it be shorter it is never a whit the worse I shall by the grace of God as far as God will give me strength add the Afternoon to the Forenoon And some Fourth night of the Vacation to the Term For the expediting and clearing of the Causes of the Court Only the depth of the Three long Vacations I would reserve in some measure free for Business of Estate And for Studies of Artes and Sciences to which in my Nature I am most inclined There is another Point of true Expedition which resteth much in My self And that is in the Manner of giving Orders For I have seen an Affectation of Dispatch turn utterly to Delay and Lengâ—h For the manner of it is to take the Tale out of the Counsellor at Bar his Mouth and to give a Cursory Order nothing tending or conducing to the end of the Businesse It makes me remember what I heard one say of a Judge that saâ—e in the Chancery That he would make 80. Orders in a Morning out of the way And it was out of the way indeed For it was nothing to the End of the Businesse And this is that which
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
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
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
Attractive to the Ambition of the Couucel of Spain who by former experience know of how tough a Complexion this Realm of England is to be asâ—ailed And therefore as Rheumes and Fluxes of Humours is like to resort to that part which is weak and distempered And lastly it is famous now and so will be many Ages hence how by these two Sea-Journey's we have braved him and objected him to scorn so that no Bloud can be so frozen or mortified But must needs take Flames of Revenge upon so mighty Disgrace So as this Concurrence of Occurents all since our last Assembly some to deliver and free our enemies some to advance and bring him on his way some to tempt and allure him some to spur on and provoke him cannot but threaten an encrease of our Perill in great Proportion Lastly Mr. Speaker I will but reduce to the Memory of this House one other Argument for ample and large providing and supplying Treasure And this it is I see Men do with great Alacrity and Spirit proceed when they have obtained a course they long wished for and were restrained from My self can remember both in this Honourable â—ssembly and in all other places of this Realm how forward and affectionate men were to have an Invasive War Then we would say A Defensive War was like eating and consuming Interest And needs we would be Adventurers and Assailants Habes quod totâ mente petisti Shall we not now make it good especially when we have tasted so prosperous Fruit of our Desires The first of these Expeditions Invasive was atchieved with great Felicity ravished a strong and famous Port in the Lap and Bosome of their high Countries Brought them to such Despair as they fired themselves and their Indian Fleet in Sacrifice as a good Odour unto God for the great and Barbarous Cruelties which they have committed upon the poor Indians whither that Fleet was sayling Disordred their Reckonings so as the next News we heard of was nothing but protesting of Bills and Breaking credit The second Journey was with notable Resolution born up against Weather and all Difficulties And besides the success in amusing him and putting him to infinite charge sure I am it was like a Tartars or Parthians Bow which shooteth backward And had a most strong and violent effect and Operation both in France and Flaunders so that our Neighbours and Confederates have reaped the Harvest of it And while the Life Bloud of Spain went inward to the Heart the outward Limmes and Members trembled and could not resist And lastly we have a perfect account of all the Noble and good Bloud that was carried forth And of all our Sea-walls and good Shipping without Mortality of Persons wreck of Vessels or any manner of Diminution And these have been the happy Effects of our so long and so much desired Invasive War To conclude Mr. Speaker therefore I doubt not but every Man will consent that our Gift must bear these two Marks and Badges The one of the Danger of the Realm by so great a Proportion since the last Parliament encreased The other of the satisfaction we receive in having obtained our so earnest and ardent Desire of an Invasive War A Speech made by Sir FRANCIS BACON Knight chosen by the Commons to present a Petition touching Purveyors delivered to his Majesty in the with-drawing Chamber at White-Hall in the Parliament held â—o. 2o. Iacobi the first Session IT is well known to your Majesty excellent King that the Emperours of Rome for their better Glory and Ornament did use in their Titles the Additions of the Countries and Nations where they had obtained victories As Germanicus Britannicus the like But after all those Names as in the higher place followed the Name of Pater Patriae as the greatest Name of all human Honour immediatly preceding that Name of Augustus whereby they took themselves to expresse some Affinity that they had in respect of their Office with Divine Honour Your Majesty mought with good reason assume to your self many of those other Names As Germanicus Saxonicus Britannicus Francicus Danicus Gothicus and others as appertaining to you Not by Bloud-shed as they bare them but by Bloud your Majesties Royall Person being a noble confluence of streams and veynes wherein the Royall Bloud of many Kingdoms of Europe are met and united But no Name is more worthy of you nor may more truly be ascribed unto you then that Name of Father of your people which you bear and express not in the Formality of your stile but in the reall Course of your Government We ought not to say unto you as was said to Caesar Iulius Quae miremur habemus quaelaudemus expectamus That we have already wherefore to admire you And that now we expect somewhat for which to commend you For we may without suspicion of Flattery acknowledge that we have found in your Majesty great Cause both of Admiration and Commendation For great is the Admiration wherewith you have possessed us since this Parliament began in those two Causes wherein we have had accesse unto you and heard your Voice That of the return of Sr. Francis Goodwine And that of the Union Whereby it seemeth unto us The one of these being so subtile a Question of Law And the other so high a Cause of Estate That as the â—cripture â—aith of the wisest King That his Heart was as the Sands of the Sea which though it be one of the largest and vastest Bodies yet it consisteth of the smallest Moates and Portions So I say it appeareth unto us in these two examples that God hath given your Majesty a rare sufficiency both to compasse and fathome the greatest matters and to discern the least And for matter of Praise and Commendation which chiefly belongeth to Goodness we cannot but with great thankfulness profess That your Majesty within the Circle of one Year of your Raign infra Orbem Anni Vertentis hath endeavoured to unite your Church which was divided To supply your Nobility which was diminished And to ease your People in Cases where they were burthened and oppressed In the last of these your high Merits That is the Ease and Comfort of your People Doth fall out to be comprehended the Message which I now bring unto your Majestie concerning the great Grievance arising by the manifold Abuses of â—urveyors Differing in some Degree from most of the things wherein we deale and consult For it is true that the Knights Citizens and â—urgesses in Parliament assembled are a Representative Body of your Commons and Third Estate And in many matters although we apply our selves to perform the trust of those that choose us yet it may be we do speak much out of our own Senses and Discourses But in this Grievance being of that Nature whereunto the poor People is most exposed and Men of Quality less we shall most humbly desire your Majesty to conceive That your Majesty doth not hear our Opinions
And 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
The Reason of Estate is That any Restriction of the Ante-Nati is Temporary And expireth with this Generation But if you you make it in the Post-Nati also you do but in substance pen a perpetuity of Separation Mr. Speaker in this point I have been short because I little expected this Doubt as to point of Convenience And therefore will not much labour where I suppose there is no greater Opposition A Report made by Sir Francis Bacon Knight in the House of Commons of a Speech delivered by the Earl of Salisbury And another Speech delivered by the Earl of Northampton at a Conference concerning the Petition of the Merchauts upon the Spanish griâ—vances Parliament 5o. Jacobi ANd it please you Mr. Speaker I do not find my self any wayes bound to report that which passed at the last conference touching the Spanish Grievances Having been neither employed to speak nor appointed to Report in that Cause But because it is put upon me by a silent Expectation grounded upon nothing that I know more then that I was observed diligently to take notes I am content if that Provision which I made for mine own Remembrance may serve this House for a Report not to deny you that Sheafe that I have in hast bound up It is true that one of his Majesties Principall Counsellours in Causes of Estate did use a Speach that contained a World of Matter But how I shall be able to make a Globe of that World therein I fear mine own strength His Lordship took the occasion of this which I shall now report upon the Answer which was by us made to the Amendments propounded upon the Bill of Hostile Lawes Quitting that Business with these few words That he would discharge our Expectation of Reply because their Lordships had no Warrant to Dispute Then continuing his Speach he fell into this other Cause and said That being now to make Answer to a proposition of ours as we had done to one of theirs he wished it could be passed over with like Brevity But he did foresee his way that it would prove not onely long but likewise hard to find and hard to keep This Cause being so to be carried as above all no wrong be done to the Kings Soveraignty and Authority And in second place no Misunderstanding do ensue between the two Houses And therefore that he hoped his words should receive a benign Interpretation Knowing well that pursuit and Drift of Speech and multitude of Matter might breed words to pass from him beyond the Compass of his Intention And therfore he placed more Assurance and Caution in the Innocency of his own meaning and in the Experience of his Favours then in any his Wariness or Watchfulness over his own Speech This respective preface used his Lordship descended to the Matter it self which he divided into three Considerations For he said he would consider of the Petition First as it proceeded from the Merchants Secondly as from them it was offered to the Lower House And thirdly as from the Lower House it was recommended to the Higher House In the First of these Conâ—iderations there fell out naturally a Subdivision into the Persons of the Petitioners And the Matter and Parts of the Petition In the Persons of the Merchants his Lordship made as I have collected them in number eight Observations whereof the three first respected the Generall Condition of Merchants And the five following were applyed to the particular Circumstances of the Merchants now complaining His Lordships first generall Observation was That Merchants were of two sorts The one sought their Fortunes as the verse saith per Saxa per Ignes And as it is said in the same place Extremos currit Mercator ad Indos Subjecting themselves to Wether and Tempest To Absence and as it were Exile out of their Native Countreys To Arrests in Entrances of War To Forrain Injustice and Rigour in times of Peace And many other Sufferances and Adventures But that there were others that took a more safe but a less generous Course in raising their Fortunes He taxed none but did attribute much more respect to the former The second Generall Observation which his Lordship made was That the Complaints of Merchants were usually â—ubject to much Errour In regard that they spake for the most part but upon Information And that carried through many Hands And of Matters done in Remote parts So as a false or factious Factour mought oftentimes make great Tragedies upon no great Ground Whereof towards the End of his Speech he brought an Instance of one trading the Levant That complained of an Arrest of his Ship And possessed the Counsell-Table with the same Complaint in a vehement and bitter fashion Desiring and pressing some present and Expostulatory Letters touching the same Whereupon some Counsellours well acquainted with the like Heates and Forwardness in Complaints happened to say to him Out of Conjecture and not out of any Intelligence What will you say if your Ship which you complain to be under Arrest be now under Sail in way homewards Which fell out accordingly The same Person confessing six dayes after to the Lords that she was indeed in her way homewards The third generall Observation which his Lordship made was this in Effect That although he granted that the Wealth and Welfare of the Merchant was not without a Sympathy with the generall Stock and State of a Nation especially an Island yet nevertheless it was a Thing too familiar with the Merchant to make the Case of his Particular Profit the publick Case of the Kingdom There follow the particular Observations which have a reference and application to the Merchants that trade to Spain and the Levant Wherein his Lordship did first honourably and tenderly acknowledge that their Grievances were great That they did multiply And that they do deserve compassion and help But yetâ— nevertheless that he must use that loving plainness to them as to tell them that in many things they were Authors of their own Miseries For since the Dissolving of the Company which was termed the Monopoly And was set free by the speciall Instance of this House There hath followed such a Confusion and Relaxation in Order and Government amongst them As they do not onely incur many Inconveniences And commit many Errours But in the pursuites of their own Remedies and suites they do it so impolitiquely and after such a Fashion As Except Legier Embassadours which are the Eyes of Kings in forrain Parts should leave their Centinell and become Merchants Factours and Sollicitours their Causes can hardly prosper And which is more such is now the Confusion in the Trade As Shop Keepers and Handy-Crafts-Men become Merchants there Who being bound to no Orders seek base means by Gifts and Bribery to procure favours at the Hands of Officers there So as the honest Merchant that trades like a substantiall Merchant And loves not to take Servile Courses to buy the Right due to him by the Amity oâ— the
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
Injustice it is plain and cannot be denied that we hear but the one Part Whereas that Rule Audi alteram Partem is not of the Formality but of the Essence of Iustice Which is therefore figured with both Eyes shut and both Eares open Because she should hear both sides and respect Neither So that if we should hap to give a right Judgement it mought be Iustum but not Iustè without hearing both Parties For the Point of Derogation his Lordship said He knew well we were no lesse ready to acknowledge then Himself That the Crown of England was ever invested amongst other Prerogatives not disputable of an absolute Determination Power of concluding and making War and Peace Which that it was no new Dotation but of an ancient Foundation in the Crown he would recite unto us a number of Presidents in the Raignes of severall Kings And chiefly of those Kings which come nearest his Majesties own worthinesse Wherein He said that he would not put his Credit upon Ciphars and Dates Because it was easie to mistake the year of a Raign or number of a Rowle but he would avouch them in substance to be perfect and true as they are taken out of the Records By which Presidents it will appear That Petitions made in Parliament to Kings of this Realme his Majesties Progenitours Intermedling with matter of Warr or Peace Or inducement thereunto Received small Allowance or Successe But were alwaies put off with Dilatory Answers Sometimes referring the matter to their Councell Sometimes to their Letters sometimes to their further Pleasure and Advice And such other Formes Expressing plainly that the Kings meant to reserve Matter of that Nature entirely to their own Power and pleasure In the 18th yeare of King Edward the First Complaint was made by the Commons against the Subjects of the Earle of Flanders with Petition of Redresse The Kings Answer was Rex nihil aliud potest quam eodem modo petere That is The King could do â—o more but make Request to the Earle of Flanders as Request had been made to him And yet no Body will imagine but King Edward the First was potent enough to have had his Reason of a Count of Flaunders by a Warr And yet his Answer was Nihil aliud potest As giving them to understand That the Entering into a Warr was a Matter Transcendent that must not depend upon such Controversies In the 4th year of King Edward the Third The Commons Petitioned That the King would enter into certain Covenants and Capitulations with the Duke of Brabant In which Petition there was also inserted somewhat touching a Money Matter The Kings Answer was That for that that concerned the Moneys they mought handle it and examine it But touching the Peace he would do as to himself seemed good In the 18th year of King Edward the Third The Commons petitioned that they might have the Triall and proceeding with certain Merchants Strangers as Enemies to the State The Kings Answer was It should remain as it did till the King had taken further order In the 45th yeare of King Edward the Third The Commons complained That their Trade with the Easterlings was not upon equall Tearms which is one of the poynts insisted upon in the present Petition And prayed an Alteration and Reducement The Kings Answer was It shall be so as occasion shall require In the 50th year of the same King The Commons petitioned to the King for Remedy against the Subjects of Spaine as they now do The Kings Answer was that he would write his Letter for Remedy Here is Letters of Request no Letters of Mart Nihil potest nisi eodem modo petere In the same year the Merchants of Yorke petitioned in Parliament against the Hollanders And desired their Shipps mought be stayed both in England and at Calais The Kings Answer was Let it be declared to the Kings Councell And they shall have such remedy as is according to Reason In the 2d year of King Richard the second the Merchants of the Seacoast did complaine of diverse spoiles upon their Shipps and Goods by the Spaniard The Kings Answer was that with the Advise of his Councell he would procure remedy His Lordship cited two other Presidents The one in the second yeare of King Henry the Fourth of a Petition Against the Merchants of Genova The other in the 11th yeare of King Henry the 6th Of a Petition against the Merchants of the Stilliard which I omit because they contain no variety of Answer His Lordship further cited two Presidents concerning other points of Prerogative Which are likewise Flowers of the Crowne The one Touching the Kings supremacy Ecclesiasticall The other Touching the Order of Waightes and Measures The former of them was in the time of King Richard the 2d At what time the Commons complained against certaine Encroachments and Usurpations of the Pope And the Kings Answer was The King hath given Order to his Councell to treat with the Bishops thereof The other was in the 18th year of King Edward the First At which time Complaint was made against uneven Waights And the Kings Answer was Vocentur partes ad placita Regis fit Iustitia Whereby it appeared that the Kings of this Realme still used to refer Causes petitioned in Parliament to the proper places of Cognizance and Decision But for the Matter of Warr and Peace As appeares in all the former Presidents The Kings ever kept it in Scrinio pectoris In the Shrines of their own Breast Assisted and advised by their Counsell of Estate His Lordship did conclude his Enumeration of Presidents with a notable President in the 17. year of King Richard the Second A Prince of no such glory nor strength And yet when he made offer to the Commons in Parliament That they should take into their Considerations Matter of Warr and Peace then in in hand The Commons in Modesty excused themselves and answered The Commons will not presume to treat of so high a charge Out of all which Presidâ—nts his Lordship made this Inference that as Dies Diâ—m docet So by these Examples Wise Men will be admonished to forbear those Petitions to Princes which are not likely to have either a Welcome Hearing or an effectuall Answer And for prejudice that might come of handling and debating Matter of War and Peace in Parliament He doubted not but that the Wisedom of this House did conceive upon what secret Consideration and Motives that point did depend For that there is no King which will providently and Matuâ—ely enter into a War But will first ballance his own Forces Seek to anticipate Confederacies and Alliances Revoake his Merchants Finde an opportunity of the first Breach And many other points which if they once do but take winde will prove vaine and frustrate And therefore that this Matter which is Arcanum Imperij one of the highest Mysteries of Estate must be suffered to be kept within the Vaile His Lordship adding that he knew
upon the Kings that are the Vassals of Rome And over them gives it power But protecteth those Kings which have not accepted the Yoak of his Tyranny from the Effects of his Mallice The other that as I said at first this is a common Cause of Princes It involveth Kings of both Religions And therefore his Majesty did most worthily and prudently ring out the Alarum Bell to awaken all other Princes to think of it seriously and in Time But this is a miserable case the while That these Roman Souldiers do either thrust the Spear into the Side of Gods Annointed Or at least they Crown them with Thorns That is piercing and pricking Cares and Feares that they can never be quiet or secure of their Lives or States And as this Perill is common to Princes of both Religions So Princes of both Religions have been likewise equally sensible of every Injury that touch't their Temporall Thunaus reports in his Story That when the Realm of Fraunce was interdicted by the violent proceedings of Pope Iulius the 2d. the King Lewis the 12th otherwise noted for a Moderate Prince caused Coyns of Gold to be stamped with his own Image and this Superscription Perdam nomen Babylonis è terrâ And Thuanus saith Himself hath seen divers pieces thereof So as this Catholick King was so much incensed at that time in respect of the Popes Vsurpation As he did fore-run Luther in applying Babylon to Charlesâ—he â—he 5th Emperour who was accounted one of â—he Popes best Sonnes yet proceeded in matter temporall towards Pope Clement with strange Rigour Never regarding the Pontificality but kept him Prisoner 18. Moneths in a Pestilent Prison And was hâ—rdly disswaded by his Councell from having sent him Captive into Spain And made sport with the Threats of Frosberg the Germaine who wore a silk Rope under his Cassock which he would shew in all Companies Tellâ—ng them that he carried it to strangle the Pope with his own hands As for Philip the Faire Iâ— is the ordinary Example how he brought Pope Boniface the 8th to an ignominious End Dying Mad and Enraged And how he stiled hiâ— Rescript to the Popes Bull whereby he challenged his Tempoâ—all Sciat Fatuitas Vestra Not your Beatitude but your Stultitude A Stile worthy to be continued in like Cases For certainly that claim is meerly Folly and Fury As for Native Examples here it is too long a Field to enter into them Never Kings of any Nation kept the Partition wall between Temporall and Spiriâ—uall better in times of greatest Superstition I report me to King Edward I. that set up so many Crossâ—s And yet crossed that part of the Popes Iurisdiction no Man more strongly But these things have passed better Penns and Speeches Heere I end them But now to come to the particular Charge of this Man I musâ— enform your Lordships the Occasion and Nature of this Offenceâ— Theâ—e haâ—h been published lately to the Worldâ— a Work of Suâ—rez a Portugese A Professor in the Vniversity of Coimbra A Confidenâ—â— and daâ—ing Writer such an one as Tully describes in derision Nihil tam verens quam ne dubitare aliquâ de re videretur One that feares nothing but this least he should seem to doubt of any thing A Fellow that thinksâ— with his Magistrallity and Goose-quill to give Lawes and Mannages to Crowns and Scepters In this Mans writinâ— this Doctrine of Deposing and Murthering Kings seems to comâ— to a higher Elevation then heretofore And it is more artted and positived then in others For in the passages which your Lordships shall hear read anon I find three Assertions which run not in the vulgar Track But are such as wherewith Mâ—ns Eares as I suppose are not much acquainted Whereof the first is That the Pope hath a superiority over Kings as Subjects to depose them Not only for Spirituall Crimes as Heresie and Schisme But for Faults of a Tempoâ—rall Nature Forasmuch as a Tyrannicall Government tendeth ever to the Destruction of Soules So by this Position Kings of either Religion are alike comprehended and none exempted The Second that after a Sentence given by the Pope this Writer hath defined of a Series or Succession or Substitution of Hangmen or Burreo's to be suâ—e least an Executioner should fail His Assertion is That when a King is sentenced by the Pope to Deprivation or Death The Executioner who is first in place is He to whom the Pope shall commit the Authority Which mayâ— be a Forraign Prâ—nce It may be a Particular Subject It may be in generall to the first undertaker But if there be no Direction or Assignation in the Sentence speciall nor generall then de Jure it appertains to the nexâ— Successour A naturall and pious Opinion For commonly they are Sons or Brothers or near of Kin all is one So as the Successor be Apparent and also that he be a Catholique But if he be Doubtfull or that he be no Catholique then it devolves to the Commonalty of the Kingdome So as he will be sure to have it done by one Minister or other In the Third he distinguishethâ— of two kinds of Tyrants A Tyrant in Title and A Tyrant in Regiment â—he Tyrant in Regiment cannot be resisted or killed without a Sentence precedent by the Pope But a Tyrant in Title may be killed by any private Man whatsoever By which Doctrine he hath put the Judgement of Kings Titles which I will undertake are never so clean but that some vain Quarrel or Exception may be made unto them upon the Fancy of every â—rivate Man And also couples the Judgement and Execution together That he may judge him by a Blow without any other Sentence Your Lordships see what Monstrous Opinions these are And how both these Beasts the Beast with seven Heads and the Beast with Many Heads Pope and people are at once let in and set upon the sacred Persons of Kings Now to go on with the Narrative There was an Extract made of certain Sentences and Portions of this Book Being of this nature that I have set forth By a great Prelate and Councellor upon a just Occasion And there being some Hollowness and Hesitation in these Matters wherein it is a thing impious to doubt discovered and perceived in Talbot He was asked his Opinion concerning these Assertions in the Presence of his Majesty And afterward they were delivered to him That upon advise and Sedato animo he mought declare himself Whereupon under his hand he subscribes thus May it please your Honourable good Lordships Concerning this Doctrine of Suarez I do perceive by what I have read in his Book that the same doth concern Matter of Faith The Controversie growing upon Exposition of Scriptures and Councels Wherein being ignorant and not studied I cannot take upon me to judge But I do submit mine Opinion therein to the Iudgement of the Catholick Roman Church as in all other Points concerning Faith I do And for Matter concerning my Loyalty I
as Men misled are to be pittied For the First if a Man doth visit the foul and polluted Opinions Customesâ— or Practices of Heathenism Mahometism and Heresie he shall find they do not attain to this Height Take the Examples of damnable Memory amongst the Heathen The Proscriptions in Rome of Sylla And afterwards of the Triumvirs what were they They were but of a finite Number of Persons and those not many that were exposed unto any Mans Sword But what is that to the proscribing of a King and all that shall take his Part And what was the Reward of a Souldier that amongst them killed one of the proscribed A small piece of Money But what is now the reward of one that shall kill a King The Kingdom of Heaven The Custome among the Heathen that was most scandalized was that sometimes the Priest sacrificed Men But yet you sâ—all not read of any Priesthood that sacrificed Kings The Mahometâ—ns make it a part of their Religion to propagate their Sect by the Sword But yet still by Honourable Wars never by Villanies and secret Murthers Nâ—y I find that the Saracen Prinâ—e of whom the Name of the â—ssassins is derived which had divers Votaâ—ies at Commandement which he sent and imployed to the Killing of divers Princes in the East By one of whom Amurath the First was slain And Edward the First of England was wounâ—ed was put down and rooted out by common Consentâ— of the Mahometan Princes The Anabaptists it is true come nearest For they professe the pulling down of Magistrates And they can chaunt the Psalm To bind their Kings in Chaines and their Nobles in fetters of Iron This is the Glory of the Saints mâ—ch like the Temporall Authority that the Pope Challengeth over Princes But this is the difference That that is a Furious and Fanaticall Fury And this is a sad and solemn Mischief He imagineth Mischief as a Law A Law-like Mischief As for the Defence which they do make it doth aggravate the sin And turneth it from a Cruelty towards Man to a Blaâ—phemy towards God For to say that all this is in ordine ad spirituale And to a good End And for the salvation of Soules It is directly to make God Author of Evill And to draw him into the likenesse of the Prince of Darknesse And to say with thoseâ— that Saint Paul speaketh of Let us do Evill that good may come thereof Of whom the Apostle saith dâ—finitively That their damnatioâ— is Iust. For the Destroying of Government universally it is most evident That it is not the Case of Protestant Princes onely But of Catholick Princes likewise As the King hath excellently set forth Nay it is not the Case of Princes onely but of all Subjects and private Persons For touching Princes let History be perused what hath been the Causes of Excommunication And namely this Tumour of it the Deposing of Kings It hath not been for Heresie and Schism alone but for Collation and Investitures of Bishopricks and Benefiâ—es Intruding upon Ecclesiasticall Possessions violating of any Ecclesiasticall Person or Liberty Nay generally they maintain it that it may be for any sin So that the Difference wherein their Doctors vary That some hold That the Pope hath his Temporall power immediatly And others but in ordine ad spiritude is but a Delusion and an Abuse For all commeth to one What is there that may not be made spirituall by Consequence specially when He that giveth the Sentence may make the Case And accordingly hath the miserable Experience followed For this Murthering of Kings hath been put in practise as well against Papist Kings as Protestants Save that it hath pleased God so to guide it by his admirable providence As the Attempts upon Papist Princes have been executed And the Attempts upon Protestant Princes have failed Except that of the Prince Aurange And not that neither untill such time as he had joyned too fast with the Duke of Anjou and the Papists The rest is wanting The Charge of Sir Francis Bacon the Kings Atturney Generall against M. L. S. W. and H. I. for Scandall and Traducing of the Kings Justice in the proceedings against Weston In the Star-Chamber 10. Novemb. 1615. THe Offence wherewith I shall charge the three Offenders at the Bar is a Misdemeanour of a High Nature Tending to the Defacing and Scandall of Iustice in a great Cause Capitall The particular Charge is this The King amongst many his Princely vertues is known to excell in that proper vertue of the Imperiall Throne which is Iustice. It is a Royall Vertue which doth employ the other three Cardinall Vertues in her Service Wisdome to discover and discern Nocent or Innocent Fortitude to prosecute and execute Temperance so to carry Iustice as it be not passionate in the pursuit nor confused in involving persons upon light suspicion Nor precipitate in time For this his Majesties Vertue of Iustice God hath of late raised an occasion and erected as it were a Stage or Theater much to his Honour for him to shew it and act it in the pursuit of the untimely Death of Sir Thomas Overbury And therein cleansing the Land from Bloud For my Lords if Bloud spilt Pure doth cry to Heaven in Gods Eares much more Bloud defiled with Poyson This Great Work of his Majesties Iustice the more excellent it is your Lordships will soon conclude the greater is the Offence of any that have sought to Affront it or Traduce it And therefore before I descend unto the Charge of these Offenders I will set before your Lordships the weight of that which they have sought to impeach Speaking somewhat of the generall Crime of Impoysonment And then of the particular Circumstances of this Fact upon Overbury And thirdly and chiefly of the Kings great and worthy Care and Carriage in this Business This Offence of Impoysonment is most truly figured in that Devise or Description which was made of the Nature of one of the Roman Tyrants That he was Lutum Sanguine maceratum Mire mingled or cymented with Bloud For as it is one of the highest Offencesâ— in Guiltiness So it is the Basest of all others in the Mind of the Offenders Treasons Magnum aliquid spectant They aym at great thingâ—â— But this is vile and base I tell your Lordships what I have noted That in all Gods Book both of the Old and New Testament I find Examples of all other Offences and Offendours in the world but not any one of an Impoyâ—onment or an Impoysoner I find mention of Fear of casuall Impoysonment when the Wild Vine was shred into the Pot they came complaining in a fearfull manner Maister Mors in ollâ And I find mention of Poysons of Beasts and Serpents The Poyson of Aspes is under their Lips But I find no Example in the Book of God of Impoysonment I have sometime thought of the Words in the Psalm Let their Table be made a Snare Which certainly is most True of Impoysonment For
should not be troubled at this time Neverthelesse He pressed him to answer saying He desired to know it that he mought pray with him I know not that S. W. is an Ecclesiastick that he should cut any Man from Communion of Prayer And yet for all this vexing of the Spirit of a poor Man now in the Gates of Death Weston neverthelesse stood constant and said I die not unworthily My Lord Chief Iustice hath my mind under my hand and he is an Honourable and just Iudge This is S. W. his Offence For H. I. he was not so much a Questionist but wrought upon the others Questions And like a kind of Confessor wished him to discharge his Conscience and to satisfie the World What World I marvaile It was sure the World at Tyburn For the World at Guild-Hall and the World at London was satisfied before Teste the Bells that rang But men have a got fashion now a dayes that two or three busie Bodies will take upon them the Name of the World And broach their own Conceits as if it were a general Opinion Well what more When they could not work upon Weston then H.I. in an Indignation turned abont his Horse when the other was turning over the Ladder And said he was sorry of such a Conclusion That was to have the State honoured or justified But others took and reported his words in another degree But that I leave seeeing it is not Confessed H. I. his Offence had another Appendix before this in time which was that at the day of the Verdict given up by the Iury He also would needs give his Verdict Saying openly that if he were of the Iury he would doubt what to do Marry he saith he cannot tell well whether he spake this before the Jury had given up the Verdict or after Wherein there is little gained For whether H. I. were a Pre-Jurour or a Post-Jurour The one was as to prejudge the Iury the other as to taint them Of the Offence of these two Gentlemen in generall your Lordships must give me leave to say that it is an Offence greater and more dangerous then is conceived I know well that as we have no Spanish Inquisitions nor Iustice in a Corner So we have no Gagging of Mens Mouths at their Death But that they may speak freely at the last Hour But then it must come from the free Motion of the Party not by Temptation of Questions The Questions that are to be asked ought to tend to furâ—her Revealing of their own or others Guiltiness But to use a Question in the Nature of a false Interrogatory to falsifie that which is Res Iudicata is intollerable For that were to erect a Court or Commission of Review at Tyburn against the Kings Bench at Westminster And besides it is a Thing vain and idle For if they anâ—swer according to the Iudgement past it adds no Credit Nor if it be contrary it derogateth nothing But yet it subjecteth the Majesty of Iustice to popular and vulgar Talk and opinion My Lords these are great and dangerous Offences For if we do not maintain Iustice Iustice will not maintain us But now your Lordships shall hear the Examinations themselves upon which I shall have occasion to note some particular Things c. The Effect of that which was spoken by the Lord Keeper of the Great Seal of England at the taking of his place in Chancery In performance of the Charge his Majesty had given him when he received the Seal 1617. BEfore I enter into the Business of the Court I shall take advantage of so many Honourable witnesses to publish and make known summarily what charge the Kings most excellent Majesty gave me when I received the Seal And what Orders and Resolutions my Self have taken in Conformity to that charge That the King may have the Honour of Direction And I the part of Obedience Whereby Your Lordships and the Rest of the Presence shall see the whole Time of my sitting in the Chanceryâ— which may be longer or shorter as please God and the King contrâ—cted into one Houre And this I do for three Causes First to give Account to the King of his Commandement Secondly that I may be a Guard and Custody to my self and mine own Doings That I do not swerve or recede from any Thing that I have professed in so Noble Company And thirdly that all men that have to do with the Chancery or the Seal may know what they shall expect And both set their Hearts and my Ears at rest Not moving me to any Thing against these Rules Knowing that my Answer is now turned from a Nolumus into a Non possumus It is no more I will not But I cannot After this Declaration And this I do also under three Cautions The first is that there be some Things of a more Secret and Counsell like Nature which are rather to be Acted then Published But these Things which I shall speak of to day are of a more publick Nature The second is that I will not trouble this Presence with every Particular which would be too long But select those Things which are of greatest efficacy and conduce most ad summas Rerum Leaving maâ—y other Particulars to be set down in a Publick Table According to the good Example of my last Predecessour in his Beginning And lastly that these Imperatives which I have made but to my Self and my Times be without prejudice to the Authority of the Court or Wiser Men that may succeed me And chiefly that they are wholy submitted unto the great Wisdom of my Soveraignâ— The absolutest Prinâ—e in Iudicature that hath been in the Christian World For if any of these Things which I intend to be Subordinate to his Directions shall be thought by his Majesty to be Inordinate I shall be most ready to reform them These things are but tanquam Albâ—m Praetoris For so did the Roman Praetors which have the greatest Affinity with the Iurisdiction of the Chancellor here who used to set down at their Entrance how they would use their Iurisdiction And this I shall do my Lords in verbis Masculis No flourishing or Painted Words but such as are fit to go before Deeds The Kings Charge which is my Lanthorn rested upon four Heads THe first was that I should contain the Iurisdiction of the Court within his true and due Limits without Swelling or Excesse The second that I should think the putting of the Great Seal to Letters Patents was not a Matter of Course after precedent Warrants But that I should take it to be the Maturity and Fulness of the Kings Intentions And therefore that it was one of the greatest Parts of my Trust if I saw any Scruple or Cause of stay that I should acquaint him Concluding with a Quod dubites ne feceris The third was that I should retrench all unnecessary delayes That the Subject mought find that he did enjoy that same Remedy against the Fainting of the
makes 60 80 100. Ordâ—rs in a Cause too and fro begetting one another and like Penelopes Web doing and undoing But I mean not to purchase the Praise of Expeditive in that kind But as one that have a Feeling of my Duty and of the Case of others my Endeavour shall be to hear patiently And to cast my Order into such a mould as may soonest bring the Subject to the End of his Iourney As for such Delayes as may concern Oâ—hers the great Abuse is that if the Plaintiffe have got an Injunction to stay sutes at Common Law then he will Spin on his Cause at length But by the grace of God I will make Injunctions an hard Pillow to sleep on For if I find that he prosecutes not with effect he may hap when he is awake find not onely his Injunction dissolved but his Cause dismissed There be other particular Orders I mean to take for Non Prosecution or faint Prosecution wherewith I will not trouble you now Because Summa sequar Fastigia Rerum And so much for Mattâ—r of Expedition Now for the fouth and last Point of the Kingâ— Commandement For the cutting off of unnecessary charge of the Subject A great part of it is fulfilled in the precedent Article touching Expedition For it is the Length of Suits that doth multiply Charge chiefly But yet there are some other Remedies that conduce thereunto First therefore I shall maintain strictly and with Severity the Former Orders which I find made by my Lord Chanceller for the immoderate and needles prolixity and length of Bills and Answers and so forth As well in punishing the party as fining the Counsell whose hand I shall find at such Bills Answers c. Secondly for all the Examinations taken in the Court I do give charge unto the Examiners upon perill of their places that they do not use idle Repetitions or needless Circumstances in setting down the Depositions taken by them And I would I could help it likewise in Commissions in the Countrey But that is almost unpossible Thirdly I shall take a diligent Survey of the Ceppies in Chancery That they have their just number of Lines and without open or wastfull writing Fourthly I shall be carefull that there be no Exaction of any new Fees but according as they have been heretofore set and Tabled As for Lawyers Fees I must leave to the Conscience and Merit of the Lawyer And the Estimation and Gratitude of the Client But yet this I can do I know there have used to attend this Barr a Number of Lawyers that have not been heard sometimes scarce once or twice in a Term And that makes the Client seek to Great Counsell and Favourites as they call them A Term fitter for Kings then Iudges And that for every Order that a mean Lawyer mought dispatch and as well Therefore to help the Generality of Lawyâ—rs And therein to ease the Client I will constantly observe that every Tuesday and other Dayes of Orders after nine a Clock strucken I will hear the Bar untill 11 or half an Hour after 10 at the least And since we are upon the point whom I will hear your Lordships will give me leave to tell you a Fancy It falls out that there be three of us the Kings servants in great place that are Lawyers by Descent Mr. Atturney Son of a Iudge Mr. Solliciter likewise Son of a Iudge And my self a Chancellers Son Now because the Law roots so well in my time I will water it at the Root thus far As besides these great Ones I will hear any Iudges Sonn before a Sergeant And any Sergeants Sonn before a Reader Lastly for the better Ease of the Subjects And the Brideling of contentious Sutes I shall give better that is greater Costs where the Suggestions are not proved then hath been hitherto used There be divers other Orders for the better Reiglement of this Court And for Granting of Writs And for Granting of Benefices And other Things which I shall set down in a Table But I will deal with no oâ—her to day but such as have a proper Relation to his Majâ—sties Commandement It being my Comfort that I serve such a Master that I shall need to be but a Conduit for the conveying onely of his Goodness to his People And it is true that I do affect and aspire to make good that Saying That Optimuâ— Magistratus praestat optimae Legi which is true in his Majesty But for my self I doubt I shall not attain it But yet I have a Domesticall Example to follow My Lords I have no more to say but now I will go on to the Businesse of the Court. The Speech which was used by the Lord Keeper of the Great Seal in the Star-Chamber before the Summer Circuits the King being then in Scotland 1617. THe King by his perfect Declaration published in this place concerning Iudges and Iustices Hath made the Speech of his Chanceller accustomed before the Circuits rather of Ceremony than of use For as in his Book to his Son he hath set forth a true Character and Platform of a King So in this his Speech he hath done the like of a Iudge and Iustice Which sheweth that as his Majesty is excellently able to Govern in chief So he is likewise well seen and skilfull in the inferiour Offices and Stages of Justice and Government which is a Thing very rare in Kings Yet neverthelesse somewhat must be said to fulfill an old Observance But yet upon the Kings Grounds and very briefly For as Salomon saith in another Case In these things who is he that can come after the King First you that are the Iudges of Circuits are as it were the Planets of the Kingdome I do you no Dishonor in giving you that name And no doubt you have a great stroak in the Frame of this Government As the other have in the great Frame of the World Do therefore as they do Move alwayes and be carried with the Motion of your first Mover which is your Soveraign A popular Iudge is a Deformed Thing And Plaudite's are fitter for Players then for Magistrates Do good to the people Love them and give them Justice But let it be as the Psalm saith Nihil inde Expectantes Looking for nothing neither Praise nor Profit Yet my Meaning is not when I wish you to take heed of Popularity that you should be imperious and Strange to the Gentlemen of the Countrey You are above them in Power but your Rank is not much unequall And learn this That Power is ever of greatesâ— strength when it is civilly carried Secondly you must remember that besides your ordinary Administration of Iustice you do carry the two Glasses or Mirrours of the State For it is your Duty in these your Visitations To represent to the people the Graces and Care of the King And again upon your Return To present to the King the Distastes and Griefs of the People Mark what the King sayes in
And was not without some other Seditions and Troubles As namely the great Contestation of his Prelates King Henry 2. his Happinesse was much deformed by the Revolt of his son Henry after he had associated him and of his other Sonnes King Hen. 3 besides his continuall Wars in Wales was after 44. years raign unquieted with Intricate Commotions of his Barons As may appear by the Mad Parliament held at Oxford and the Acts thereupon ensuing His Son King Ed. 1. had a more flourishing Time then any of the other Came to his Kingdom at ripe years and with great Reputation after his voyage into the Holy Land And was much loved and obeyed contrived his Wars with great Judgement First having reclaimed Wales to a setled Allegeance And being upon the point of Vniting Scotland But yet I suppose it was more honour for her Majesty to have so important a piece of Scotland in her hand And the same with such Justice to render up Then it was for that worthy King to have advanced in such Forwardnesse the Conquest of that Nation And for King Edward 3. his Raign was visited with much Sicknesse and Mortality So as they reckoned in his dayes 3. severall Mortalities One in the 22. year Another in tâ—e 35. year And the last in the 43. year of his Raign And being otherwise Victorious and in Prosperity was by that onely Crosse more afflicted then he was by the other Prosperities comforted Besides he entred hardly And again according to the Verse Cedebant ultima primis His Latter Times were not so prosperous And for King Henry 5. as his Successe was wonderfull so he wanted Continuance Being extinguished after 10. years Raign in the Prime of his Fortunes Now for her Majesty we will first speak of the Blessing of Continuance as that which wanted in the Happiest of these Kings And is not only a great favour of God unto the Prince but also a singular Benefit unto the People For that Sentence of the Scripture Misera Natio cùm multi sunt principes eius is interpreted not only to extend to Divisions and Distractions in Government but also to Frequent Changes in Succession Considering that the Change of a Prince bringeth in many Charges which are Harsh and Vnpleasant to a great part of Subjects It appeareth then that of the Line of Five hundred and fourescore years and more containing the Number of 22. Kings God hath already prolonged her Majesties Raign to exceed sixteen of the said Two and Twenty And by the end of this present year which God prosper she shall attain to be equall with two more During which time there have deceased four Emperours As many French Kings Twice so many Bishops of Rome Yea every State in Christendome except Spain have received sundry Successions And for the King of Spain he is waxed so infirm and thereby so Retired as the Report of his Death serveth for every years News whereas her Majesty Thanks be given to God being nothing decayed in vigor of Health and strength was never more able to supply and sustain the weight of her Affairs And is as far as standeth with the Dignity of her Majesties Royall State continually to be Seen to the great comfort and Hearty Ease of her People Secondly we will mention the Blessing of Health I mean generally of the People which was wanting in the Raign of another of these Kings which else deserved to have the second place in Happinesse which is one of the great Favours of God towards any Nation For as there be three Scourges of God War Famine and Pestilence so are there three Benedictions Peace Plenty and Health Whereas therefore this Realm hath been visited in times past with sundry kinds of Mortalities as Pestilences Sweats and other Contagious Diseases it is so that in her Majesties Times being of the continuance aforesaid there was only towards the Beginning of her Raign some Sicknesse between Iune and February in the Citty but not dispersed into any other paâ—t of the Realm as was noted which we call yet the Great Plague Because that though it was nothing so Grievous and so Sweeping as it hath been sundry times heretofore yet it was great in respect of the Health which hath followed since Which hath been such especially of late years as we began to dispute and move Questions of the Causes whereunto it should be ascribed Untill such time as it pleased God to teach us that we ought to ascribe it onely to his Mercy By touching us a little this present year but with a very Gentle Hand And such as it hath pleased him since to remove But certain it is for so many years together notwithstanding the great Pestering of people in Houses The great Multitude of Strangers and the sundry Voiages by Seas All which have been noted to be Causes of Pestilence The Health Vniversall of the People was never so good The third Blessing is that which all the Politick and Fortunate Kings before recited have wanted That is Peace For there was never Forreiner since her Majesties Raign by Invasion or Incursion of Moment that took any footing within the Realm of England One Rebellion there hath been onely but such an one as was repressed within the space of seven weeks And did not wast the Realm so much as by the Destruction or Depopulation of one poor Town And for wars abroad taking in those of Leeth those of New-Haven the second Expedition into Scotland the wars of Spain which I reckon from the year 86 or 87 before which time neither had the King of Spain withdrawn his Embassadours here residing neither had her Majesty received into protection the united Provinces of the Low Countries And the Aid of France They have not occupied in time a third part of her Majesties Râ—ign Nor consumed past two of â—y Noble House whereof France took one and Flanders another And very few besides of Quality or Appearance They have scarce mowed down the overcharge of the People within the Realm It is therefore true that the Kings aforesaid and others her Maiâ—sties Progenitours have been Victorious in their Wars And have made many Famous and Memorable Voyages and Expediâ—tions into sundry parts And that her Majesty contrarywise from the bginning put on a firm Resolution to content her self within those Limits of her Dominions which she received And to entertain Peace with her Neighbour princes which Resolution she hath ever since notwithstanding she hath haâ— Rare Opportunities Iust Claims and pretences and great and mighty Means sought to continue But if this be objected to be the lesse Honourable Fortune I answer that ever amongst the Heathen who held not the Expence of Blood so precious as Christians ought to do The peaceable Government of Augustus Caesar was ever as highly esteemed as the Victories of Iuliuâ— his Uncle and that the Name of Pater Patriae was ever as Honourable as that of propagator Imperii And this I
and Countenance and Reputation to the World besides And have for that cause been commonly and necessarily used and practised In the Message of Viscount Montacute it was also contained that he should crave the Kings Counsell and Assistance accorâ—ing to Amity and good Intelligence upon a Discovery of certain pernicious Plots of the House of Guise to annoy this Realm by the way of Scotland whereunto the Kings Answer was so Dark and so cold as Nothing could be made of it Till he had made an Exposition of it himself by effects in the expresse Restraint of Munition to be carried out of the Low-Countries unto the Siege of Leith Because our Nation was to have supply thereof from thence So as in all the Negotiations that passed with that King still her Majesty received no satisfaction but more and more suspiâ—ious and Bad Tokens of evill affection Soon after when upon that Project which was disclosed before the King had resolved to disannull the Liberties and Priviledges unto his Subjects the Netherlands anciently belonging And to establish amongst them a Marshall Government which the People being very Wealthy And inhabiting Townes very strong and Defensible by Fortifications both of Nature and the Hand could not endure there followed the Defection and revolt of those Countries In which Action being the greatest of all those which have passed between Spain and England the Proceeding of her Majesty hath been so Just and mingled with so many Honourable Regards as Nothing doth so much clear and acquite her Majesty not only from Passion bâ—t also from all Dishonourable Pollicy For first at the beginning of the Troubles she did impart unto Him faithfull and sincere Advise of the Course that was to be taken for the quietting and appeasing them And expresly forewarned both himself and such as were in principall Charge in those Countries during the Warsâ— of the danger like to ensue if he held so heavy a Hand over that People leâ—â— they should cast themselves into the Arms of a Stranger But finding the Kings Mind so exulcerate as he rejâ—cted all Counsell that tended to Mild and Gracious proceeding her Majesty neverthelesse gave not over her Honourable Resolution which was if it were possible to reduce and reconcile those Countries unto the obedience of their Naturall Soveraign the King of Spain And if that mought not be yet to preserve them from alienating themselves to a Ferrain Lord As namely unto the French with whom they much treated And amongst whom the Enterprise of Flanders was ever propounded as a Mene to unite their own Civill Dissensions Bâ—t patiently temporizing expected the good effect which Time mought breed And whensoever the States grew into Extremitieâ— of Despair and thereby ready to embrace the Offer of any Forrainer Then would her Majesty yield them some Relief of Moneyâ— or permit some Supply of Forces to go over unto them To the end to interrupt such violent Resolution And still continued to mediate unto the King some Just and Honourable Capitulations of Grace and Accord Such as whereby alwayes should have been preserved unto him such Interest and Authority as He in Iustice â—ould claim Or a Prince moderately minded would seek to have And this Course she held interchangeably seeking to mitigate the Wrath of the King and the Despair of the Countries Till such Time as after the Death of the Duke of Anjou Into whose Hands according to her Majesties prediction but against her good liking they had put themselves The Enemy pressing them the united Provinces were received into her Majesties Protection which was after such Time as the King of Spain had discovered himself not onely an Implacable Lord to them but also a proâ—essed Enemy unto her Majesty having actually invaded Ireland â—nd designed the Invasion of England For it is to be noted thaâ— the like Offers which were then made unto her Majesty had been made to her long before but as long as her Majesty conceived any Hope either of Making their Peace Or entertaining her own with Spain she would never hearken thereunto And yet now even at last her Majesty retained a singular and evident Proof to the World of her Justice and Moderation In that she refused the Inheritance and Soveraignty of those Goodly â—rovinces which by the States with much Instance was pressed upon her and being accepted would hâ—ve wrought greater Contentment and Satisfaction both to her People and theirs Being Countries for the Scite Wealth Commodity of Traffick Affection to our Nation Obedience of the Subjects well used most convenient to have been annexed to the Crown of England And withall one Charge Danger and Offence of Spain onely took upon her the Defence and Protection of their Liberties Which Liberties and Priviledges are of that Nature as they may justly esteem themselves but Conditionall Subjects to the King of Spain More justly then Aragon And may make her Majesty as justly esteem the ancient Confederacies and Treaties with Burgundy to be of Force rather with the People and Nation then with the Line of the Duke because it was never an Absolute Monarchy So as to summe up her Majesties Proceedings in this great Action they have but this That they have sought first to restore them to Spain Then to keep them from Strangers And never to purchase them to Her Self But during all that time the King of Spain kept one tenour in his Proceedings towards her Majesty Breaking forth more and more into Injuries and Contempts Her Subjects trading into Spain have been many of them Burned Some cast into the Gallies Others have died in Prison without any other Crimes committed but upon Quarrells pickt upon them for ther Religion here at home Her Merchants at the Sack of Antwerpe were diverse of them spoyled and put to their Ransomesâ— though they could not be charged with any Part-taking Neither upon the Complaint of Doctor Wilson and Sir Edward Horsey could any Redresse be had A generall Arrest was made by the Duke of Alva of English mens both Goods and Persons upon pretence that certain Ships stayed in this Realm laden with Goods and Money of certain Merchants of Genoa belonged to that King which Money and Goods was afterwards to the uttermost value restored and payed back Whereas our Men were far from receiving the like Iustice on their side Doctor Man her Majesties Embassadour received during his Legation sundry Indignities himself being Removed out of Madrid and Lodged in a Village As they are accustomed to use the Embassadours of Moores His Sonn and Steward forced to assist at a Mass with Tapers in their Hands Besides sundry other Contumelies and Reproaches But the Spoyling or Damnifying of a Merchant Vexation of a Common Subject Dishonour of an Embassadour Were rather but Demonstrations of ill Disposition then Effects If they be compared with Actions of State Wherein He and his Ministers have sought the Overthrow of this Government As in the year 1569. when the Rebellion in the North part of
England brake forth Who but the Duke of Alva then the Kings Lievetenant in the Low-Countries and Don Guerres of Espes then his Embassador Lieger here were discovered to be chief Instruments and Practisers Having complotted with the Duke of Norfolk at the same time As was proved at the same Dukes Condemnation that an Army of 20000. Men should have landed at Harwich in aid of that Part which the said Duke had made within the Realm And the said Duke having spent and imployed 150000. Crownes in that Preparation Not contented thus to have consorted and assisted her Majesties Rebells in England He procured a Rebellion in Ireland Arming and Sending thither in the year 1579 an Arch-Rebell of that Country Iames Fitz Morrice which before was fled And truly to speak the whole course of Molestation which her Majesty hath received in that Realm by the Rising and Keeping on of the Irish hath been nourished and fomented from Spainâ— but afterwards most apparently in the year 1580 he invaded the same Ireland with Spaâ—ish Forces under an Italian Colonell By Name San Iesopho being but the Fore-runners of a greater Power Which by Treaty between Him and the Pope should have followed But that by the speedy Defeat of those former they were discouraged to pursue the Action Which Invasion was proved to be done by the Kings own Orders both by the Letters of Secretary Escouedo and of Guerres to the King And also by divers other Letters wherein the particular Conferences were set down concerning this Enterprise between Cardinall Riario the Popes Legate and the Kings Deputy in Spain Touching the Generall the Number of Men the Contribution of Money and the Manner of the Prosecuting of the Action And by the Confession of some of the Chiefest of those that were taken Prisoners at the Fort Which Act being an Act of Appaâ—rent â—ostility added unto all the Injuries aforesaid And accompanied with a continuall Receit Comfort and Countenance by Audâ—ences Pensions and Employments which he gave to Traytours and Fugitives both English and Irish As Westmerlâ—nd Paget Englâ—field Baltinglasse and Numbers of others Did sufficiently jusâ—ifie and warrant that pursuit of Revenge which either in the Spâ—yl of Carthagena and San Domingo in the Indies by Mr Drakâ— Or in the undertaking the protection of the Low-Counâ—reysâ— whâ—n the Earl of Leicester was sent over afterwards follâ—wed For befoâ—e that time her Majesty though she stood upon her Guard in respect of the just Cause of Jealousie which tâ—e Sundry Injuries of that King gave her yet had entred into no Oâ—â—ensiâ—e Acâ—ion against Him For â—oth the Voluntary Forces which Don Antonio had collected in this Realm were by express commandâ—ment restrained And Offer was made of Restitution to the Spanish Embassadour of such Treasure as had been bâ—ought into this Realm upon Proof that it had been taken by â—rong And the Duke of Anjou was as much as could stand with the near Treaty of a Marriage which then was very foâ—waâ—d between her Majesty and the said Duke Diverted from the Enterprise of â—landers But to conclude this Point when that some yeares after the Invasion and Conquest of thâ—s Land Intended long before but through many Crosses aâ—d Impediments which the King oâ— Spain found in his Plots deferred Was in the year 1588 attempted Her Majesty not forgetting her own Nature was content at the same Instant to Treat of a Peace Not ignorantly as a Prince that knew not in what forwardness his preparations were For she had discovered them long before Nor fearfully as may appear by the Articles whereupon her Majesty in that Treaty stood which were not the Demands of a Prince afraid But onely to spare the shedding of Christian Bloud And to shew her constant Desire to make her Raign Renowned rather by Peace then victories which Peace was on her part treated sincerely But on his part as it should seem was but an Abuse Thinking thereby to have taken us more unprovided So that the Duke of Parma not liking to be used as an Instrument in such a Case in regard of his particular Honour would sometimes in Treating interlace That the King his Master ment to make his Peace With his Sword in his Hand Let it then be tried upon an indifferent view of the proceedings of England and Spain Who it is that Fisheth in Troubled Waters And hath disturbed the Peace of Christendome And hath written and described all his Plots in Bloud There follow the Articles of an Vniversall Peace which the Libeller as a Commissioner for the Estate of England hath propounded and are these First that the King of Spain should recall such Forces as of great compassion to the Naturall People of France he hath sent thither to defend them against a Relapsed Huguonott Secondly that he suffer his Rebells of Holland and Zeland quietly to possesse the places they hold And to take unto them all the Rest of the Low-Countries also Conditionally that the English may still keep the possession of such Port-Towns as they have and have some half a dozen more annexed unto them Thirdly thâ—t the English Rovers mought peaceably go to his Indies And there take away his Treasure and his Indies also And thâ—se Articles being accorded he saith might follow that Peace which passeth all understanding As he calleth it in a scurrile and prophane Mockery of the Peace which Christians enjoy with God by the Attonement which is made by the Bloud of Christ whereof the Apostle saith That it passeth all understanding But these his Articles are sure mistaken And indeed corrected are briefly these 1. That the King of France be not impeached in Reducing his Rebels to obedience 2. That the Netherlands be suffered to enjoy their Ancient Liberties and Priviledges And so Forces of Strangers to be with-drawn both English and Spanish 3. That all Nations may trade into the East and West Indies yea discover and occupy such parts as the Spaniard doth not actually possesse And are not under Civill Government notwithstanding any Donation of the Pope 5. Of the Cunning of the Libeller in Palliation of his malicious Invectives against her Majesty and the State with pretence of Taxing onely the Actions of the Lord Burghley I Cannot rightly call this Point Cunning in the Libeller but rather good will to be Cunning without skill indeed or Judgement For finding that it had been the Usuall and Ready practise of Seditious Subjects to plant and bend their Invectives and Clamours Not against the Soveraigns themselves but against some such as had Grace with them and Authorities under them He put in ure his Learning in a wrong and unproper Case For this hath some Appearance to cover undutifull Invectives when it is used against Favourites or New Vpstarts and suddain-risen Counsellours But when it shall be practised against One that hath been Counsellour before her Majesties Time And hath continued longer Counsellour then any other Couâ—sâ—llâ—ur in Europe One that must needs have been Great
if it wâ—re but by Surviving alone though he had no other Excellency One that hath passed the Degrees of Honour with great Travell and long Time which quencheâ—h alwayes Envy except it be joyned wâ—th extreme Malice Then it appeareth manifestly to be but a Brick wall at Tennis to make the Defamation and Hatred rebound from the Counsellour upon the Prince And assuredly they be very simple to think to abuse the VVorld with those Shifts Since every Child can tell the Fable That the VVolfs Malice was not to the Shepherd but to his Dog It is true that these Men have altred their Tune twice or thrice when the Match was in Treating with the Duke of Anjou they spake Honey as to her Majesty All the Gall was uttered against the Earl of Leicester But when they had gotten Heart upon the Expectation of the Invasion they changed stile and disclosed all the Venome in the World immediately against her Majâ—sty what New Hope hath made them return their Sinons Note in teaching Troy how to save it self I cannot tell But in the mean time they do his Lordship much Honour For the more despitefully they inveigh against his Lordship the more Reason hath her Majesty to trust him and the Realm to honour him It was wont to be a Token of scarce a good Liedgeman when the Enemy spoiled the Countrey and left any particular Mens Houses or Fields unwasted 6. Certain true generall Notes upon the Actions of the Lord Burleigh BUT above all the rest it is a strange Fancy in the Libeller that he maketh his Lordship to be the Primum Mobile in every Action without Distinction That to him her Majesty is Accomptant of her Resolutions That to him the Earl of Leicâ—ster and Mr. Secretary Walsingham both Men of great Power and of great wit and understanding were but as Instruments whereas it is well knownn that as to her Majesty there was never a Counseller of his Lordships long Continuance that was so applyable to her Majesties Princely Resolutions Endeavouring alwayes after Faithfull Propositions and Remonstrances and these in the best words and the most Gratefull Manner to rest upon such Conclusions as her Majesty in her own wisdome determineth and them to execute to the best So far hath he been from Contestation or drawing her Majesty into any his own Courses And as for the Forenamed Counsellours and others with whom his Lordship hath consorted in her Majesties service It is rather true that his Lordship out of the Greatnesse of his Experience and Wisdome And out of the Coldnesse of his Nature hath qualified generally all Hard and Extreame Courses as far as the Service of her Majesty and the Safety of the State the Making himself compatible with those with whom he served would permit So far hath his Lordship been from inciting others or running a full Course with them in that kind But yet it is more strange that this Man should be so absurdly Malitious as he should charge his Lordship not onely with all Actions of State but also with all the Faults and Vices of the Times As if Curiosity and Emulation have bred some Controversies in the Church Though thanks be to God they extend but to outward Things As if Wealth and the Cunning of Wits have brought forth Multitudes of Suits in Law As If Excesse in Pleasures and in Magnificence joyned with the unfaithfulnesse of Servants and the Greedinesse of Monied Men have decayed the Patrimony of many Noble Men and others That all these and such like Conditions of the Time should be put on his Lordships accompt who hath been as far as to his Place appertaineth a most Religious and Wise Moderator in Church Matters to have Vnity kept who with great Iustice hath dispatched infinite Causes in Law that have orderly been brought before him And for his own Example may say that which few Men can say but was sometime said by Cephalus the Athenian so much Renowned in Plato's Works who having lived near to the age of an 100 years And in continuâ—ll Affairs the Businesse was wont to say of Himself That he never sued any neither had been sued by any Who by reason of his Office hath preserved many Great Houses from Overthrow by relieving sundry Extremities towards such as in their Minority have been circumvented And towards all such as his Lordship might advise did ever perswade Sober and Limited Expence Nay to make Proof further of his Contented Manner of Life free from Suits and Covetousnesse as he never sued any Man so did he never raise any Rent or put out any Tenant of his own Nor ever gave consent to have the like done to any of the Queens Tenants Matters singularly to be noted in this Age. But however by this Fellow as in a False Artificiall Glasse which is able to make the best Face Deformed his Lordships Doings be set forth yet let his Proceedings which be indeed his own be indifferently weighed and considered And let Men call to Mind that his Lordship was never a violent and Transported Man in Matters of State but ever Respective and Moderate That he was never Man in his particular a Breaker of Necks no heavy Enemy but ever Placable and Mild That he was never a Brewer of Holy water in Court no Dallier no Abuser but ever Reall and Certain That he was never a Bearing Man nor Carrier of Causes But ever gave way to Iustice and Course of Law That he was never a Glorious Wilfull Proud Man but ever Civill and Familiar and good to deal withall That in the Course of his Service he hath rather sustained the Burthen then sought the Fruition of Honour or Profit Scarcely sparing any time from his Cares and Travailes to the Sustentation of his Health That he never had nor sought to have for Himself and his Children any Penny-worth of Lands or Goods that appertained to any attainted of any Treason Felony or otherwise That he never had or sought any kind of Benefit by any Forfeiture to her Majesty That he was never a Factious Commender of Men as he that intended any waies to besiege Her by bringing in Men at his Devotion But was ever a true Reporter unto her Majesty of every Mans Deserts and Abilities That he never took â—he Course to unquiet or offend no nor exasperate her Majesty but to content her mind and mitigate her Displeasure That he ever bare Himself reverently and without Scandall in Matters of Religion and without blemish in his Private Course of Life Let Men I say without Passionate Mallice call to mind these Things And they will think it Reason that though he be not canonized for a Saint in Rome yet he is worthily celebrated as Pater Patriae in England And though he be Libelled against by Fugitives yet he is prayed for by a Multitude of good Subjects Aud lastly though he be envied whilest he liveth yet he shall be deeply wanted when he is gone And assuredly many
greatly advance her Glory That both by her timely Succours her Nâ—ighbour Kings were settled in their Rightâ—ull Thrones and the Suppliant People who by the ill Advisednesse of their Kings were abandoned and given over to the Cruelâ—y of their Ministers And to the Fury of the Multitude and to all manner of Butchery and Desolation were relieved by Her By reason whereof they subsist unto this Day Neither was She a Princesse lesse Benigne and Fortunate in the Influence of her Counsells then of her Succours As being One that had oftentimes interceded to the King of Spain to mitigate his wrath against his Subjects in the Netherlands and to reduce them to his Obedience upon some tolerable Conditions And further as being one that did perpetually and upon all occasions represent to the French Kings the Observation of their own Edicts so often declaring and promising peace to their Subjects I cannot deny but that these good Counsells of hers wanted the Effect In the former I verily believe for the Univeâ—sall good of Europe Least happily the Ambition of Spain being unloosed from his Fetters should have poured it self as things then stood upon the other Kingdoms and States of Christendom And for the latter the Blood of so many Innocents with their Wives and Children Slain within their own Harbours and Nests by the Scumme of the People who like so many Mastifes were let loose and heartened and even set upon them by the State would not suffer it which did continually cry unto God for Vengeance that so Blood-sucking a Kingdom might have her fill thereof in the intestine Slaughters and Consumption of a Civill War Howsoever she persisted to perform the part of a wise and loving Confederate There is another Cause also for which we may justly admire this Peace so constantly pursued and maintained by the Queen And that is that it did not proceed from any Bent or Inclination of those Times But from the Prudency of her Government and discreet Carriage of Things For whereas she her self was not without manifest Danger from an ill affected Party at home for the Cause of Religion And that the Strength and Forces of this Kingdom were in the Place of a Bulwark to all Europe against the then dreadfull and overflowing Ambition and Power of the King of Spain She might have apprehended just Cause of a War But as she was still ready with her Councell so she was not behind hand with her Forces And this we are taught by an Event the most Memorable of any in our time if we look upon the Felicity thereof For when as the Spanish Navy set forth with such wonderfull Preparations in all kinds the Terrour and Amazement of all Europe Carried on with almost Assurance of victory came braving upon our Seas It took not so much as one poor Cock-boat of ours nor fired any one Village nor landed one Man upon English Ground But was utterly defeated and after a shamefull Flight and many shipwracks quite dispersed So as the Peace of this Kingdome was never more Firm and Solid Neither was her Felicity lesse in Escaping Treacherous Attempts at home then in subduing and Defeating forrain Invasions For not a few Treasons plotted against her Life were most fortunately discovered and disappointed And this was no cause to make her lead a more fearfull or diffident life then before No new Encrease of her Guard No Immuring her self within her own Walls or Forbearing to be seen abroad But as one assured and confident And that was more mindfull of her Escape from Danger then of the Danger it self she was constant to her former Customes and Fashions Furthermore it is worth our labour to consider the Nature of the Times in which she Raigned For there are some Times so Barbarous and Ignorant that it is no greater matter to govern People then to govern a Flock of Sheep But this Queen fell upon Times of singular Learning and Sufficiency In which it was not possible to be eminent without admirable Endowments of wit and a Rare Temper of Vertue Again the Raignes of Women are For the most part obscured by their Husbands Upon whom all their Praises and worthy Acts do reâ—lect As for those that continue unmarried it is they that impropriate the whole glory and meriâ— to themselves And this was the peculiar Glory of this Princesse That she had no Props or Supports of her Government but those that were of her own making She had no Brother the Son of her Mother No Vnckle None other of the Royall Bloud and Linage that might be Partner in her Cares and an Vpholder of the Regall Dignity And as for those whom she raised to Honour she carried such a discreet Hand over them and so enterchanged her Favourâ— as they all strived in Emulation and Desire to please her best and she her self remained in all Things an Absolute Princesse Childlesse she was and left no Issue behind Her which was the Case of many of the most fortunate Princes Alexander the â—reat Iulius Caesar Trajan and others And this is a Case that hath been often controverted and argued on both â—ides Whilest some hold the want of Children to be a Diminution of our Happinesse As if it should be an Estate more then Human to be happy both in our own Persons and in our Descendants But others do account the want of Children as an Addition to â—arthly Happinesse In as much as that Happinesse may be said to be compleat over which Fortâ—ne hath no Power when we are gone Which if we leave Children cannot be She had also many Outward Gifts of Nature A tall Staâ—ure A comely and strait Making An extraordinary Majesty of Aspect â—oyned with a Sweetnesse A most Happy and Constant Healthfulnesse of Body Unto which I may add that in the full Possession both of her Limms and Spirits untill her last Sicknesse Having received no Blow from Fortuneâ— Nor Decay from Old Age she obtained that which Augustus Caesar so importunately prayed for An easie and undistempered passage out of this VVorld Which also is reported of Antoninus Pius that Excellent Emperour Whose Deaâ—h had the Resemblance of some soft and pleasing Slumber So in Queen Elizabeths Disease there was no ghastly or fearfull Accident No Idlenesse of Brain Nothing unaccustomed to Man in generall She was not transported either with desire of Life or Tediousnesse of Sicknesse or extremity of Pain She had no grievous or uncomely Symptomes But all things were of that kind as did rather shew the Frailty of Nature then a Deordination or Reproach of it For some few Dayes before her Death being much pined with the extream Drought of her Body and those Cares that accompany a Crown And not wonted to refresh her Self with VVine or any Liberall Dieâ— she was strook with a Torpour and Frigidity in her Nerves Notwithstanding which is rare in such Diseases she retained both her Speech and Memory and Motion though but flow and weak even to the
And that the Deans and Chapters were Councells about the Sees and Chairs of Bishops at the first And were unto them a Presbytery or Consistory And intermedled not onely in the Disposing of their Revenues and Endowments but much more in Iurisdiction Ecclesiasticall But it is probable that the Deans and Chapters stuck close to the Bishops in Matters of Profit and the World and would not loose their Hold But in Matters of Jurisdiction which they accounted but Trouble and Attendance they suffered the Bishops to encroach and usurp And so the one continueth and the other is lost And we see that the Bishop of Rome Fas enim ab Hoste doceri And no question in that Church the first Instituâ—ions were excellent performeth all Ecclesiasticall Iurisdiction as in Consistory And whereof consisteth tâ—is Consisâ—ory but of the Parish Priests of Rome which term themselves Cardinals à Cardinibus Mundi Because the Bishop pretendeth to be universall over the whole World And hereof again we see many shadowes yet remaining As that the Dean and Chapter pro formâ chooseth the Bishop which is the Highest Point of Iurisdiction And that the Bishop when he giveth Orders if there be any Ministers casually present calleth them to joyn with him in Imposition of Hands and some other Particulars And therefore it seemeth to me a Thing Reasonable and Religious and according to the first Institution that Bishops in the greatest Causes and those which require a Spirituall Discerning Namely in Ordaining Suspending or Depriving Ministers In Excommunication being restored to the true an proper Use As shall be afterwards touched In sentencing the Validity of Marriages and Legitimations In Iudging Causes Criminous as Symony Incest Blasphemy and the like Should not proceed sole and unassisted Which Point as I understand it is a Reformation that may be planted sine Strepiâ—u without any Perturbation at all And is a Matter which will give strength to the Bishops Countenance to the inferior Degrees of Pelates or Ministers And the better Issue or proceeding to those Causes thaâ— shall pâ—sâ—e And as I wish this strength given to the Bishops by Councell so it is not unworthy your Majesties Consideration whether you sâ—all not think fit to give strength to the generall Councell of your Clergy the Convocation House which was then restrained when the State of the Clergy was thought a Suspected Part to the Kingdome in Regard of their late Homage to the Bishop of Rome Which State now will give place to none in their Loyalty and Devotion to your Majesty For the Second Point which is the Deputation of their Authority I see no perfect and sure Ground for that neither Being somewhat different fâ—om the Examples and Rules of Government The Bishop exerciseth his Iurisdiction by his Chanceller and Commissary Officiall c. We see in all Lawes in the world Offices oâ— Confidence and skill cannot be put over nor exercised by Deputyâ— Except it be especially contained in the Originall Graunt And in that case it is dutifull And for Experience there was never any Chanceller of England made a Deputy There was never any Iudge in any Court made a Deputy The Bishop is a Iudge and of a high Nature whence commeth it that he should deputeâ— Considering that all Trust and Confidence as was said is personall and Inherent And cannot nor ought not be transposed Surely in this again Ab Initio non fuit sic But it is probable that Bishops when they gave themselves too much to the Glory of the World and became Grandees in Kingdomes and great Councellers to Princes then did they deleague their proper Iurisdictions as Things of too inferiour a Nature for their Greatnesse And then after the Similitude and Imitation of Kings and Counts Palatine they would have their Chancellers and Iudges But that Example of Kings and Potentates giveth no good Defence For the Reasons why Kings administer by their Iudges although themselves are Supream Iudges are two The one because the Offices of Kings are for the most part of Inheritance And it is a Rule in all Lawes that Offices of Inheritance are rather Matters that Ground in Interest then in Confidence For as much as they may fall upon Women upon Infants upon Lunaticks and Ideots persons incapable to Execute Iudicature in Person And therefore such Offices by all Lawes might ever be exercised and administred by Delegation The Second Reason is because of the Amplitude of their Jurisdictions Which is a great as either their Birth-right from their Ancestours or their Sword-right from God maketh it And therefore if Moses that was Governer over no great People and those collected together in a Camp And not scattred in Provinces and Cities Himself of an extraordinary Spirit Was neverthelesse not able to suffice and hold out in person to judge the People But did by the advise of Iethro approved from God substitute Elders and Iudges how much more other Kings and Princess There is a Third Reason likewise though not much to the present purpose And that is That Kings either in respect of the Common-wealth or of the Greatnesse of their own Patrimonies are usually Parties in Suites And then their Iudges stand indifferent between Them and the Subject But in the Case of Bishops none of these Reasons hold For first their Office is Elective and for Life and not Patrimoniall or Hereditary An Office meerly of Confidence Science and Qualification And for the Second Reason it is true that their Iurisdiction is Ample and Spacious And that their Time is to be divided between the Labours As well in the Word and Doctrine as in Government and Iurisdiction But yet I do not see supposing the Bishops Courts to be used incorruptly and without any indirect course held to multiply Causes for gain of Fees But that the Bishop might very well for Causes of Moment supply his Iudiciall Function in his own Person For we see before our Eyes that one Chanceller of England dispatcheth the Suites in Equity of the whole Kingdome which is not so much by reason of the Excellency of that Rare Honourable Person which now holdeth the place But it was ever so though more or lesse burdenous to the Suiter as the Chanceller was more or lesse able to give dispatch And if Hold be taken of that which was said before that the Bishops Labour in the Word must take up a principall Part of his Time so I may say again that Matters of State have ever taken up most of the Chancellers Time Having been for the most part Persons upon whom the Kings of this Realm have most relyed for Matters of Councell And therefore there is no Doubt but the Bishop whose Circuit is lesse ample and the Causes in Nature not so multiplying with the Help of References and Certificates to and from fit Persons for the better Ripening of Causes in their mean proceedings And such ordinary Helps incident to Iurisdiction May very well suffice his Office But yet there
is another Help For the Causes that come before him are these Tithes Legacies Administrations and other Testamentary Causes Causes Matrimoniall Accusations against Ministers tending to their Suspension Deprivation or Degrading Simony Incontinency Heresy Blasphemy Breach of the Sabboth And other like Causes of Scandall The first two of these in mine Opinion differ from the Rest That is Tithes and Testaments For those be Matters of profit and in their nature Temporall Though by a Favour and Connivence of the Temporall Iurisdiction they have been allowed and permitted to the Courts Ecclesiasticall The one to the end the Clergy might sue for that that was their Sustentation before their own Iudges And the other in a kind of Piety and Religion which was thought incident to the performance of Dead Mens Wills And surely for these two the Bishop in mine opinion may with lesse danger discharge himself upon his Ordinary Iudges And I think likewise it will fall out that those Suites are in the greatest number But for the rest which require a Spirituall Science and Discretion in respect of their Natureâ— or of the Scandall it were reason in mine Opinion there were no Audience given but by the Bishop Himself He being also assisted as was touched before But it were necessary also he were attended by his Chanceller or some others his Officers being learned in the Civill Lawes for his better Instruction in Points of Formality or the Courses of the Court which if it were done then were there lesse use of the Officials Court Whereof there is now so much Complaint And Causes of the Nature aforesaid being onely drawn to the Audience of the Bishop it would represse frivoulous and Prowling Suites And give a Grave and Incorrupt Proceeding to such Causes as shall be fit for the Court. There is a Third Point also not of Iurisdiction but of Form of Proceeding which may deserve Reformation The rather because it is contrary to the Lawes and Customes of this Land and State which though they do not rule those Proceedings yet may they be advised with for better Directions And that is the Oath ex Officio Whereby Men are enforced to accuse themselves And that that is more are sworn unto Blancks and not unto Accusations and Charges declared By the Law of England no man is bound to accuse himself In the Highest Cases of Treason Torture is used for Discovery and not for Evidence In Capitall Matters no Delinquents Answer upon Oath is required No not permitted In Criminall Matters not Capitall handled in the Star-Chamber And in Causes of Conscience handled in the Chancery for the most part grounded upon Trust and Secrecy the Oath of the Party is required But how Where there is an Accusation and an Accuser which we call Bills of Complaint From which the Complainant cannot vary And out of the Compasse of the which the Defendant may not be examined Exhibited unto the Court and by Processe notified unto the Defendant But to examin a Man upon Oath out of the Insinuation of Fame Or out of Accusations secret and undeclâ—red Though it have some Countenance from the Civill Law yet it is so opposite Ex Diametro to the Sense and Course of the Common-Law as it may well receive some Limitation Concerning the Liturgy the Ceremonies and Subscription FOr the Liturgy great Respect and Heed would be taken least by inveighing against the Dumb Ministery due Reverence be not withdrawn from the Liturgy For though the Gift of Preaching be far above that of Reading Yet the Action of the Liturgy is as High and Holy as that of the Sermon It is said Domus mea Domus Orationis Vocabitur The House of Prayer Not the House of Preaching And whereas the Apostle saith How shall Men call upon him on whom they have not believed And how shall they believe unlesse they hear And how shall they hear without a Preacher It appeareth that as Preaching is the more Originall so Prayer is the more Finall As the Difference is between the Seed and the Fruit For the Keeping of Gods Law is the Fruit of the Teaching of the Law And Prayer or Invocation or Divine Service or Liturgy For these be but Varieties of Termes Is the Immediate Hallowing of the Name of God And the principall work of the first Table And of the great Commandement of the Love of God It is true that the Preaching of the Holy Word of God is the Sowing of the Seed It is the Lifting up of the Brazen Serpent The Ministery of Faith And the Ordinary Means of Salvation But yet it is good to take Example how that the best Actions of the Worship of God may be extolled excessively and superstitiously As the Extolling of the Sacrament bred the Superstition of the Masse The Extolling of the Liturgy and Prayers bred the Superstition of the Monasticall Orders and Oraisons And so no doubt Preaching likewise may be magnified and extolled superstitiously As if all the whole Body of Gods Worship should be turned into an Ear. So as none as I suppose of sound Iudgement will derogate from the Liturgy if the Form thereof be in all parts agreeable to the Word of God The Example of the Primitive Church And that holy Decency which Saint Paul commendeth And therâ—fore first that there be a Set form of Prayer And that it be not lefâ— either to an Extemporall Form or to an Arbitrary Form Secondly that it consist as well of Laudes Hymnes and Thanksgivings as of Petitions Prayers and Supplications Thirdly that the Form thereof be quickned with some shortnesse and Diversities of Prayers and Hymnes and with some Interchanges of the Voyce of the People as well as of the Minister Fourthly that it adimit some Distinctions of Times and Commemorations of Gods principall Benefits as well Generall as particular Fifthly that Prayers likewise be appropriâ—ted to severall Necessities and Occasions of the Church Sixthly that there be a Form lâ—kewise of Words and Liturgy in the Administration of the Sacraments and in the Denouncing of the Censures of the Church and otheâ— Holy Actions and Solemnities These things I think will not be much controverted But for the Particular Exceptions to the Liturgy in form as it now standeth I think divers of them allowing they were Iust yet seem they not to be Weighty Otherwise then that nothing ought to be accounted Light in Matters of Religion and Piety As the Heathen himself could say Etiam vultu sepè laediâ—ur Pietas That the word Priest should not be continued especially with Offence the word Minister being allready made familiar This may be said that it is a good Rule in Translation never to confound that in one word in the Translation which is precisely distinguished in two words in the Original for doubt of Equivocation and Traducing And therefore seeing the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be alwaies distiâ—guished in the Original And the one used for a Sacriâ—icer the orher
accommodate your Actions and Mind to that End I fear I say that this untimely Despair may in time bring forth a just Despair by causing your Lordship to slacken and break off your wise loyal and Seasonable Endeavours and Industries for Reintegration to her Majesties favour In Comparison whereof all other Circumstances are but as Atomi or rather as Vacuum without any Substance at all Against this Opinion it may please your Lordship to consider of these Reasons which I have collected And to make judgement of them Neither out of the Melancholy of your present Fortune nor out of the Infusion of that which commeth to you by others Relation which is subject to much Tincture But ex Rebus ipsis Out oâ— the Nature of the Persons and Actions themselves As the trustiest and least deceiving Grounds of Opinion For though I am so unfortunate as to be a stranger to her Majesties Eye and to her Nature yet by that which is apparent I doe manifestly discern that she hath the Character of the Divine Nature and Goodnesse Quos amavit amavit usque ad sinem And where she hath a Creature she doth not deface nor defeat it Insomuch as if I observe rightly in those persons whom heretofore she hath honoured with her special Favour she hath covered and remitted not only Defects and Ingratitudes in Affection but Errours in State and Service Secondly if I can spell and Scholar-like put together the parts of her Majesties proceeding now towards your Lordship I cannot but make this Construction That her Majesty in her Royal Intention never purposed to call your Lordships Doings into publick Question But onely to have used a Cloud without a Shower in censuring them by some temporary Restraint onely of Liberty and debarring from her presence For first the Handling the Cause in the Starr-Chamber you not called was enforced by the Violence of Libelling and Rumours wherein the Queen thought to have satisfied the world and yet spared your Lordships Appearance And after when that Means which was intended for the Quenching of malicious Brutes turned to kindle them Because it was said your Lordship was condemned unheard And your Lordships Sister wrote that piquant Letter then her Majesty saw plainly that these winds of Rumours could not be commanded down without a Handling of the Cause by Making you Party and Admitting your Defence And to this purpose I doe assure your Lordship that my Brother Francis Bacon who is too wise I think to be abused and too honest to abuse Though he be more reserved in all particulars than is needful yet in generality he hath ever constantly and with asseveration affirmed to me that both those Dayes That of the Starr-Chamber and that at my Lord Keepers were wonne from the Queen meerly upon necessity and point of Honour against her own Inclination Thirdly in the last proceeding I note 3. points which are directly signiâ—icant That her Majesty did expresly forbear any point which was Irreparable or might make your Lordship in any degree uncapable of the return of her favour Or might fix any Character Indeleble of disgrace upon you For she spared the Publick Place of the Starr-Chamber She limited the Charge precisely not to touch Disloyalty And no Record remaineth to Memory of the Charge or Sentence Fourthly the very Distinction which was made in the Sentence of Sequestration from the places of Service in State And leaving to your Lordship the Place of Master of the Horse doth to my understanding indicativè point at this That her Majesty meant to use your Lordships Attendance in Court while the Exercises of the other places stood suspended Fifthly I have heard and your Lordship knoweth better that now since you were in your own Custodie her Majesty in Verbo Regio and by his Mouth by whom she committeth her Royal Graunts and Decrees hath assured your Lordship she will forbid and not suffer your Ruine Sixthly as I have heard her Majesty to be a Prince of that Magnanimity that she will spare the Service of the ablest Subject or Peer when she shall be thought to stand in need of it So she is of that Policy as she will not loose the Service of a meaner than your Lordship where it shall depend meerly upon her Choice and Will Seventhly I hold it for a Principle That those Diseases aâ—e hardest to cure whereof the Cause is obscure And those easiest whereof the Cause is manifest VVhereupon I conclude that since it hath been your Errour in your Courses towards her Majesty which hath prejudiced you That your Reforming and Conformity will restore you So as you may be Faber Fortunae propriae Lastly considering your Lordship is removed from Dealing in Causes of State and left onely to a Place of Attendance Methinks the Ambition of any Man who can endure no Partners in State-Matters may be so quenched as they should not laboriously oppose themselves to your Being in Court So as upon the whole Matter I cannot find neither in her Majesties Person nor in your own Person nor in any third Person Neither in former Presidents nor in your own Case any Cause of dry and peremptory Despair Neither do I speak this but that if her Majesty out of her Resolution would design you to a private Life you should be as willing upon her Appointment to goe into the Wilderness as into the Land of Promise Onely I wish your Lordship will not preoccupate Despair but put trust next to God in her Majesties Grace and not to be wanting to your Self I know your Lordship may justly interpret that this which I perswade may have some reference to my particular because I may truly say Te Stante Non Virebo For I am withered in my self but Manebo or Tenebo I shall in some sort be or hold out But though your Lordships Years and Health may expect return of Grace and Fortune yet your Eclipse for a time is an Vltimum Vale to my Fortune And were it not that I desire and hope to see my Brother established by her Majesties favour as I think him well worthy for that he hath done and suffred it were time I did take that Course from which I disswade your Lordship But now in the mean time I cannot choose but perform those honest Duties unto you to whom I have been so deeply bounden A Letter framed as from the Earl in answer of the former Letter Mr. Bacon I Thank you for your kind and carefull Letter It perswades me that which I wish strongly and hope for weakly That is Possibility of Restitution to her Majesties Favour Your Arguments that would cherish Hope turn to Despair You say the Queen never meant to call me to Publick Censure which sheweth her Goodnesse But you see I passed it which sheweth others Power I beleeve most stedfastly her Majesty never intended to bring my Cause to a Sentence And I beleeve as verâ—ly that since that Sentence she meant to restore me to attend upon her
within the last Division agreeable to divers presidents whereof I had the Records ready And concluded that your Majesties Safety and Life and Authority was thus by Law inscansed and quartered And that it was in vain to fortify on Three of the sides and so leave you open on the Fourth It is true he heard me in a grave fashion more than accustomed and took a Pen and took notes of my Divisions And when he read the Presidents and Records would say This you mean falleth within your first or your second Division In the end I expresly demanded his Opinion as that whereto both he and I was enjoyned But he desired me to leave the Presidents with him that he might advise upon them I told him the rest of my Fellows would dispatch their part and I should be behinde with mine which I perswaded my Self your Majesty would impute rather to his Backwardness than my Negligence He said as soon as I should understand that the rest were ready he would not be long after with his Opinion For I. S. your Majesty knoweth the day draweth on And my Lord Chancellers Recovery the Season and his Age promising not to be too hasty I spake with him on Sunday at what time I found him in Bed but his Spirits strong and not spent or wearied And spake wholly of your Business leading me from one Matter to another And wished and seemed to hope that hee might attend the day for I. S. and it were as he said to be his last work to conclude his Services and express his Affection towards your Majesty I presumed to say to him that I knew your Majesty would be exceeding desirous of his being present that day so as that it mought be without prejudice to his continuance But that otherwise your Majestie esteemed a Servant more than a Service especially such a Servant Surely in mine Opinion your Majesty were better put off the dayâ— than want his presence considering the Cause of the putting off is so notorioâ—s And then the Capital and the Criminal may come together the next Term. I have not been unprofitable in helping to discover and examine within these few dayes a late Patent by Surreption obtained from your Majesty of the greatest Forest in England worth 30000 l. under Colour of a Defective Title for a matter of 400 l. The Person must be named because the Patent must be questioned It is a great Person my Lord of Shrewsbury Or rather as I think a greater than he which is my Lady of Shrewsbury But I humbly pray your Majesty to know this first from my Lord Treasurer who methinks groweth even studious in your Business God preserve your Majesty Your Majesties most humble and devoted Subject and Servant The rather in regard of Mr. Murray's Absence I humbly pray your Majesty to have a little regard to this Letter A Letter to the King touching my Lord Chancellers Amendment and the putting off of J. S. his Cause February 7. 1614. It may please your excellent Majesty MY Lord Chanceller sent for me to speak with me this Morning about 8. of the clock I perceive he hath now that Signum Sanitatis as to feel better his former weakness For it is true I did a little mistrust that it was but a Boutade of Desire and good Spirit when he promised himself strength for Friday though I was wonn and carried with it But now I finde him well inclined to use should I say your Liberty or rather your Interdict signifyed by Mr. Secretary from your Majesty His Lordship shewed me also your own Letter whereof he had told me before but had not shewed it me What shall I say I doe much admire your Goodness for writing such a Letter at such a time He had sent also to my Lord Treasurer to desire him to come to him about that time His Lordship came And not to trouble your Majesty with circumstances both their Lordships concluded my Self present and concurring That it could be no prejudice to your Majesties Service to put off the day for I. S. till the next Term. The rather because there are Seven of your Privy Council which are at least Numerus and part of the Court which are by Infirmity like to be absent That is my Lord Chanceller my Lord Admiral my Lord of Shrewsbury my Lord of Exceter my Lord Zouch my Lord Stanhope and Mr. Chanceller of the Dutchy wherefore they agreed to hold a Council too morrow in the afternoon for that purpose It is true that I was alwayes of Opinion that it was no time lost And I doe think so the rather because I could be content that the Matter of Peacham were first setled and put to a point For there be perchance that would make the Example upon I.S. to stand for all For Peacham I expect some account from my Fellows this day If it should fall out otherwise then I hope it may not be left so Your Majesty in your last Letter very wisely put in a Disjunctive that the Iudges should deliver an Opinion privately either to my Lord Chanceller or to our Selves distributed His Sickness made the later way to be taken But the other may be reserved with some Accommodating when we see the success of the Former I am appointed this day to attend my Lord Treasurer for a Proposition of Raising Profit and Revenew by Infranchising Copyholders I am right glad to see the Patrimonial part of your Revenew well look'd into as well as the Fiscal And I hope it will so be in other parts as well as this God preserve your Majestie Your Majesties most humble and devoted Subject and Servant A Letter to the King of account of Owens Cause c. 11 February 1614. It may please your excellent Majesty MY Self with the rest of your Counsel Learned confered with my Lord Cooke and the rest of the Iudges of the Kings Bench onely being met at my Lords Chamber concerning the business of Owen For although it be true that your Maiesty in your Letter did mention that the same Course might be held in the Taking of Opinions apart in this which was prescribed and used in Peachams Cause yet both my Lords of the Council and we amongst our Selves holding it in a Case so clear not needfull But rathat it would import a diffidence in us and deprive us of the means to debate it with the Iudges if cause were more strongly which is somewhat we thought best rather to use this Form The Iudges desired us to leave the Examinations and Papers with them for some little time to consider which is a thing they use But I conceive there will be no manner of Question made of it My Lord Chief Iustice to shew forwardness as I interpret it shewed us passages of Suarez and others thereby to prove that though your Majesty stood not Excommunicate by particular Sentence yet by the General Bulls of Coena Domini and others you were upon the matter Excommunicate And
life There were two Indictments preferred of Praemunire for suing in Chancery after Iudgement in Common Law The one by Rich. Glanvile the other by William Allen The former against Courtney the party in Chancery Gibb the Counseller and Deurst the Clark The latter against Alderman Bowles and Humfry Smith parties in Chancery Serjeant More the Counseller Elias Wood Solliciter in the Cause and Sir Iohn Tindall Mr. of the Chancery and an Assessor to my Lord Chanceller For the Cases themselves it were too long to trouble your Majesty with them But this I will say If they were set on that preferred them they were the worst Marks-men that ever were that set them on For there could not have been chosen two such Causes to the Honour and Advantage of the Chancery for the Justness of the Decrees and the Foulness and Scandal both of Fact and person in those that impeach the Decrees The Grand Iury consisting as it seemeth of very Substantial and Intelligent Persons would not finde the Bills Notwithstanding they wâ—re clamoured by â—he parties and twice sent back by the Court And in Conclusion resolutely 17 of 19 found an Ignoramus wherein for that time I think Ignoramus was wiser than those that know too much Your Majesty will pardon me if I be sparing in delivering to you some other Circumstances of Aggravation and of Concurrences of some like Matters the same day as if it had been some Fatal constellation They be not things so sufficiently tryed as I dare put them into your Ear. For my Opinion I cannot but begin with this Preface That I am infinitely sorry that your Majesty is thus put to salve and â—ure not onely Accidents of Time but Errours of Servants For I account this a kinde of Sickness of my Lord Cookes that comes almost in as ill a time as the Sickness of my Lord Chanceller And as I think it was one of the wisest parts that ever he played when he went down to your Majesty to Roiston and desired to have my Lord Chanceller joyned with him So this was one of the weakest parts that ever he played to make all the World perceive that my Lord Chanceller is severed from him at this time But for that which may concern your Service which is my End leaving other Men to their own wayes First my Opinion is plainly that my Lord Cooke at this time is not to be disgraced Both because he is so well habituate for that which remainâ—th of these Capital Causes And also for that which I â—inde is in his Breast touching your Finances and Matters of Repair of your Estate And if I mought speak it as I think it were good his hopes were at an end in some kinde so I could wish they were raised in some other On the other side this great and publick Affront not only to the Reverend and well deserving person of your Chanceller And at a time when he was thought to lye on Dying which was barbarous But to your High Court of Chancery which is the Court of your absolute power May not in my Opinion pass lightly nor end onely in some Formal Attonement But Use is to be made thereof for the setling of your Authority and strengthning of your Praerogative according to the true Rules of Monarchy Now to reconcile and accommodate these two Advices which seem almost opposite First your Majesty may not see it though I conâ—â—ss it be suspicious that my Lord Cooke was any way a â—orehand privy to that which was done Or that he did set it or animate it But onely took the Matter as it came before him And that his Errour was onely that at such a time he did not divert it in some good manner Secondly if it be true as is reported that any of the Puisne Iudges did stirr this Business Or that they did openly revile and menace the Iury for doing their Conscience Aâ— they did honestly and truly I think that Iudge is worthy to leese his place And to be plain with your Majesty I do not think there is any Thing a greater Polychreston or ad multa utile to your Affairs than upon a just and fit Occasion to make some Example against the Presumption of a Iudge in Causes that concâ—rn your Majesty whereby the whole Body of those Magistrates may be contained the better in awe And it may be this will light upon no unfit Subject of a Person that is Rude and that no Man cares for Thirdly if there be no one so much in fault which I cannot yet affirm either way and there must be a just Ground God forbid elâ—e yet I should think that the Very Presumption of Going so far in so high a Cause deserveth to have that done which was done in this very case upon the Indictment of Sergeant Heale in Queen Elizabeths time that the Judges should answer it upon their knees before your Majesty or your Council and receive a sharp Admonition At which time also my Lord Wray being then Chief Iustice slipt the Collar and was forborn Fourthly for the persons themselves Glanvile and Allen which are base Fellowes and turbulent I think there will be discovered and proved against them besides the preferring of the Bil's such Combinations and Contâ—mptuous Speeches and Behaviours As there will be good Ground to call them and perhaps some of their petty Counsellers at Law into the Starre-Chamber In all this which I have said your Majesty may be pleased to observe that I doe not engage you much in the main point of the Iurisdiction For which I have a great deal of Reason which I now forbear But two Things I wish to be done The one that your Maiesty take this occasion to redouble unto all your Iudges your antient and true Charge and Rule That you will endure no Innovating the Point of Iurisdiction But will have every Court empaled within their own Presidents And not assume to themselves new Powers upon Conceits and Inventions of Law The other that in these high Causes that touch upon State and Monarchy your Majesty give them straight Charge that upon any Occasions intervenient hereafter they do not make the Vulgar party to their Contestations by publick Handling them before they have consulted with your Majesty to whom the Reiglement of those things onely appertaineth To conclude I am not without hope that your Majesty managing this Business according to your great Wisdom unto which I acknowledge my Self not to be worthy to be Card-holder or a Candle-holder will make profit of this Accident as a Thing of Gods sending Lastly I may not forget to represent to your Majesty that there is no Thinking of Arraignments untill these Things be somewhat accommodate And some outward and superficial Reconciliation at least made between my Lord Chanceller and my Lord Chief Iustice. For this Accident is a Banquet to all the Delinquents Friends But this is a Thing that falleth out naturally of it Self In respect of the Iudges Going
Company to carry out Cloathes Dyed and Dressed Custom-free Which will still continue as a glorious Beam of your Majesties Royal Design I hope and Wish at least that this which I have written may be of some use to your Majesty to settle by the Advice of the Lords about you this great Business At the least it is the Effect of my Care and poor Ability which if in me be any it is given me to no other end but faithfully to serve your Majesty God ever preserve you Your Majesties most humble Subject and bounden Servant Another Letter to Sir George Villiers touching a Motion to swear him Counseller February 27. 1615. SIR I humbly pray you not to think me over-hasty or much in Appetite if I put you in Remembrance of my Motion of strengthening me with the Oath and Trust of a Privy Counseller Not for mine own strength For as to that I thank God I am armed within but for the Strength of my Service The Times I submit to you who knoweth them best But sure I am there were never Times which did more require a Kings Atturneâ— to be well armed and as I said once to you to wear a Gauntlet and not a Glove The Arraignments when they proceed The Contention between the Chancery and Benchâ— The great Cause of the Rege inconsulto which is so precious to the Kings Prerogative Diverse other Services that concern the Kings Revenew and the Repair of his Estate Besides it pleaseth his Majesty to accept well of my Relations touching his Business which may seem a kind of Interloping as the Merchants call it for one that is no Counseller But I leave all unto you thinking my Self infinitely bounden unto you for your great Favours The Beams whereof I see plainly reflect upon me even from others So that now I have no greater Ambition than this That as the King sheweth Himself to you the best Master so I mought be found your best Servant In which Wish and Vow I shall ever rest Most devoted and affectionate to obey your Commands A Letter to the King upon some Inclination of his Majesty to him for the Chancellers Place April 1. 1616. It may please your most excellent Majesty THe last day when it pleased your Majesty to express your Self towards me farr above that I can deserve or could expect I was surprized by the Princes comming in I most humbly pray your Majesty to accept these few Lines of Acknowledgement I never had great Thought for my Self further than to maintain those great Thoughts which I confess I have for your Service I know what Honour is And I know what the Times are But I thank God with me my Service is the Principal And it is farr from me under Honourable Pretences to cover base Desires which I account then to be when Men referr too much to Themselves especially serving such a King I am afraid of Nothing but that the Master of the Horse your Excellent Servant and I shall fall out who shall hold your Stirrop best But were you Mounted and Seated without Difficulties and Distastes in your Business as I desire and hope to see you I should ex animo desire to spend the Decline of my years in my Studies Wherein also I should not forget to doe him Honour who besides his Active and Politique Vertues is the best Penn of Kings Much more the best Subject of a Penn. God ever preserve your Majesty Your Majesties most humble Subject And more and more obliged Servant A Letter to Sir George Villiers touching his Swearing Counseller May 30. 1616. SIR The time is as I should think now or never â—or his Majesty to finish his good Meaning towards me If it please him to consider what is past and what is to come If I would tender my Profit and oblige Men unto me by my Place and Practice I could have more profit than I could devise And could oblige all the World and offend none which is a brave Condition for a Mans Private But my Heart is not on these Tâ—ings Yet on the other side I would be sorry that worthless Persons should make a Note that I get Nothing but Pains and Enemies And a little Popular Reputation which followeth me whether I will or no. If any thing be to be done for your self I should take infinite Contentment that my Honour might wait upon yours But I would be loath it should wait upon any Man 's else If you would put your strength to this Business it is done And that done many Things more will begin God keep you ever I rest Your true and devoted Servant A Letter to Sir George Villiers upon the Choice his Majesty gave him whether he would be sworn Counseller or have Assurance to succeed the Chanceller Iune 3. 1616. SIR The King giveth me a noble choice And you are the Man my Heart ever told me you were Ambition would draw me to the latter part of the Choice But in respect of my hearty wishes that my Lord Chanceller may live long And the small Hopes I have that I shall live long my Self And above all because I see his Majesties Service daily and instantly bleedeth Towards which I perswade my Self vainly perhaps but yet in mine own thoughts firmly and constantly that I shall give when I am of the Table some effectual Furtherance as a poor Thred of the Labyrinth which hath no other Vertue but an united Continuance without Interruption or Distraction I doe accept of the former to be Counseller for the present and to give over pleading at Barr Let the other Matter rest upon my Proof and his Majesties Pleasure and the Accidents of Time For to speak plainly I would be loath that my Lord Chanceller to whom I owe most after the King and your Self should be locked to his Successour for any Advancement or Gracing of me So I ever remain Your true and most devoted and obliged Servant To his very Honourable good Friend Sir George Villiers Master of the Horse to his Majesty and of the most Noble Order of the Garter Iune 12. 1616. SIR I send his Majesty a Draught of the Act of Counsel concerning the Iudges Letter penned as near as I could to his Majesties Instructions received in your presence I then told his Majesty my Memory was not able to keep way with his And therefore his Majesty will pardon me for any Omissions or Errours And be pleased to supply and reform the same I am preparing some other Materials for his Majesties excellent Hand concerning Business that is comming on For since his Majesty hath renewed my Heart within me methinks I should double my endeavours God ever preserve and prosper you I rest Your most devoted and bounden Servant A Letter to Sir George Villiers for the Restoring of Doctor Burgis to preach Iune 12. 1616. SIR I doe think you may doe your self Honour and that which is more doe a good Work if you will assist and perfect a Motion
he mean it because the Turk seemeth to affect us for the Abolishing of Images Let him consider then what a Scandall the Matter of Images hath been in the Church As having been one of the principall Branches whereby Mahumetisme entred Page 65. he saith Cardinall Allen was of late very near to have been elected Pope Whereby he would put the Catholicks here in some hope that once within Five or Six years For a Pope commonly sitteth no longer he may obtaâ—n that which he mâ—ssed narrowly This is a direct Abuse For it is certain in all the Conclaves since Sixtus Quintus who gave him his Hat he was never in possibility Nay the King of Spain that hath patronized the Church of Rome so long as he is become a right Patron of it In that he seeketh to present to that See whom he liketh yet never durst strain his Credit to so desperate a Point as once to make a Canvass for him No he never nominated him in his Inclusive Narration And those that know any Thing of the Respects of Conclaves know that he is not Papable First because he is an Vltramontane of which sort there hath been none these Fifty years Next because he is a Cardinall of Almes of Spain and wholly at the Devotion of that King Thirdly because he is like to employ the Treasure and Favours of the Popedom upon the Enterprises of England And the Relief and Advancement of English Fugitives his Necessitous Countryâ—men So as he presumed much upon the Simplicity of the Reader in this point as in many more Page 55. and again Page 70. he saith His Lordship Meaning the Lord Burleigh Intendeth to match his Grandchild Mr. William Cecill with the Lady Arbella Which being a meer Imagination without any Circumstance at all to enduce it More then that they are both unmarried And that their years agree well Needeth no Answer It is true that his Lordship being no Stoicall Vnnaturall Man but loving towards his Children For Charitas Reip. incipit à Familiâ Hath been glad to match them into Honourable and Good Bloud And yet not so but that a private Gentleman of Northampton shire that lived altogether in the Country was able to bestow his Daughters higher then his Lord. hath done But yet it is not seen by any Thing past that his Lordship ever thought or affected to match his Children in the Bloud Royall His Lordships Wisedom which hath been so long of Gathering teacheth him to leave to his Posterity rather Surety then Danger And I marvaile where be the Combinations which have been with Great Men And the Popular and Plausible Courses which ever accompany such designes as the Libeller speaketh of And therefore this Match is but like unto that which the same Fellow concluded between the same Lady Arbella and the Earl of Leicesters Son when he was but a Twelve-Moneth old Pag. 70 he saith He laboureth incessantly with the Queen to make his Eldest Son Deputy of Ireland As if that were such a Catch Considering all the Deputiâ—â— since her Majesties times except the Earl of Sussex and the Lord Grey have been persons of meaner Degree then Sir Thomas Cecillis And the most that is gotten by that place is but the Saving and putting up of a Man 's own Revenue's during those years that he serveth their And this perhaps to be saved with some Displeasure at his Return Pag. eadem he saith He hath brought in his Second Son Sir Robert Cecill to be of the Counsell who hath neither Wit nor Experience Which Speech is as notorious an untruth as is in all the Libell For it is confessed by all Men that know the Gentleman that he hath one of the Rarest and most Excellent Wits of England with a singular Delivery and Application 〈◊〉 the same whether it be to use a Continued Speech Or to Negotiate Or to touch in Writing or to make Report Or discreetly to consider of the Circumstances And aptly to draw Things to a Point And all this joyned with a very good Nature and a great Respect to all Men as is daily more and more revealed And for his Experience it is easie to think that his Trayning and Helps hath made it already such as many that have served long prentishood for it have not attained the like So as if that be true Qui Beneficium Digno dat omnes obligat Not his Father onely but the State is bound unto her Majesty for the choice and Employment of so sufficient and worthy a Gentleman There be many other Follies and Absurdities in the Book which if an Eloquent Scholler had it in Hand he would take Advantage thereof and justly make the Authour not onely Odious but Ridiculous and Contemptible to the World But I passe them over and even this which hath been said hath been vouchsafed to the vallue and Worth of the Matter and not the worth of the Writer who hath handled a Theam above his Compasse 8. Of the Height of Impudency that these Men are grown unto in publishing and Avouching untruths with a particular Recitall of some of them for an Assay THese Men are grown to a singular Spirit and Faculty in Lying and Abusing the world such as it seemeth although they are to purchase a particular Dispensation for all other Sins yet they have a Dispensation Dormant to lie for the Catholique Cause which moveth me to give the Reader a Tast of their Vntruths such as are written and are not meerly grosse and palpable Desiring him out of their own Writings when any shall fall into his Hands to encrease the Rowle at least in his own Memory We retain in our Calenders no other Holy-dayes but such as have their Memorials in the Scriptures And therefore in the Honour of the Blessed Virgin we onely receive the Feasts of the Annunciation and the Purification Omitting the other of the Conception and the Nativity Which Nativity was used to be celebrated upon the 8th of Septemb the Vigill whereof hapned to be the Nativity of our Queen which though we keep not Holy yet we use therein certain Civill Customes of Ioy and Gratulation As Ringing of Bells Bonfires and such like And likewise make a Memoriall of the same Day in our Calender whereupon they have published That we have expunged the Nativity of the Blessed Virgin and put in stead thereof the Nativity of our Queen And further that we sing certain Hymnes unto her used to be sung unto our Lady It hapned that upon some Bloud-shed in the Church of Paules according to the Canon Law yet with us in force the said Church was interdicted and so the Gates shut up for some few Dayes whereupon they published that because the same Church is a place where People use to meet to walk and confer the Queens Majestie after the manner of the Ancient Tyrants had forbidden all Assemblies and Meetings of People together And for that Reason upon extreme Jealousie did cause Paules Gates to be shut up The
Gate of London called Lud-Gate being in decay was pulled down And built anew And on the one side was set up the Image of King Lud and his two Sons who according to the Names was thought to be the First Founder of that Gate And on the other side the Image of her Majesty in whose time it was reedified whereupon they published that her Majesty after all the Images of the Saints were long beaten down had now at last set up her own Image upon the Principall Gate of London to be adored And that all Men were forced to do reverence to it as they passed by And a watch there placed for that purpose Mr. Iewell the Bishop of Salisbury who according to his Life died most godly and patiently At the Point of Death used the Versicle of the Hymne Te Deum Oh Lord in thee have I trusted let me never be confounded Whereupon suppressing the rest they published that the principall Champion of the Hereticks in his very last words cryed he was confounded In the Act of Recognition of primo whereby the Right of the Crown is acknowledged by Parliament to be in her Majesty The like whereof was used in Queen Maries time The words of Limitation are In the Queens Majesty and the Naturall Heires of her Body and her lawfull Successours Upon which word Naturall they do maliciously and indeed villanously gâ—osse That it was the Intention of the Parliament in a Cloud to convey the Crown to any Issue oâ— her Majesties that were Illegitimate Whereas â—he word Heire doth with us so necessarily and pregnantly import Lawfulness As it had been Indecorum and uncivill speaking of the Issues of a Prince to have expressed it They set forth in the year a Book with Tables and Pictures of the Persecutions against Catholiques Wherein they have not onely stories of 50. years old to supply their Pages But also taken all the persecutions of the Primitive Church under the Heathen and translated them to the practise of England As that of Worrowing Priests under the Skins of Bears by Doggs and the like I conclude then that I know not what to make of this Excesse in Avouching untruths save this That they may truly Chaunt in their Quires Linguam nostram magnificabimus Labia nostra nobis sunt And that they that have long ago forsaken the Truth of God which is the Toucâ—-stone must now hold by the Whet-stone And that their Ancient Pillar of Lying wonders being decayed they must now hold by Lying Slaunders And make their Libells Successours to their Legend A TRUE REPORT Of the detestable TREASON INTENDED By Doctor RODERIGO LOPEZ A Physician attending upon the Person of the QVEENES MAIESTY Whom He for a Sum of Money promised to be paid him by the King of Spain did undertake to have destroyed by Poyson with certain Circumstances both of the Plotting and Detecting of the same TREASON Penned during the Queens Life THe King of Spain having found by the Enterprise of 88 the Difficulty of an Invasion of England And having also since that time embraced the Matters of France Being a Dessigne of a more easie nature and better prepared to his Hand Hath of necessity for a timeâ— layed aside the Prosecution of his Attempts against this Realm by open Forces As knowing his Meanes unable to wield both Actions at once As well that of England as that of France And therefore casting at the Fairest hath in a manner bent his whole strength upon France making in the mean time onely a Defensive War upon the Low-Countries But finding again that the Supports and Aides which her Majesty hath continued to the French King are a principall Impediment Retardation to his prevailing there according to his Ends He hath now of late by all means projectâ—ed to trouble the Waters here to cut us out some work at home That by practise without Diverting and Employing any greâ—â— â—orceâ— he mought neverthelesse divert our Succours from France According to which purpose he first proved to move some Innovation in Scotland Not so much in hope to alienate the King from the Amity of her Majesty as practizing to make a Party there against the King himself Whereby he should be compelled to use her Majesties Forces for his Aâ—â—istance Thenâ— he sollicited a Subject within this Realm being a Person of great Nobility to rise in Arms and levy War against her Majesty which practise was by the same Nobleman loyally and prudently revealed And lastly rather as it is to be thought by the Instigation of our Traiterous Fugitives in Forrain paâ—ts And the corrupter Sort of his Counsellours and Ministers then of his own nature and Inclination either of himself or his said Counsellours and Ministers using his name have descenâ—ed to to a course against all Honour All Society and Humanity Odious to God and Man Detested by the Heathen themselves which is to take away the Life of her Majesty which God have in his pâ—ecious Custody by violence or poyson A Matter which mought be proved to be not onely against all Christianity and Religion but against Nature the Law of Nations the Honour of Arms The Civil Law The Rules of Morality and Pollicy Finally to be the most Condemned Barbarous and Ferine Act that can be imagined yea supposing the Quarrells and Hostility between the Princes to be never so Declared and so Mortal yet were it not that it would be a very Reproach unto the Age that the Matter should be once disputed or called in question it could never be defended And therefore I leave it to the Censure which Titus Livius giveth in the like case upon Perseus the last King of the Macedons afterwards overthrown taken with his Children led in Triumph by the Romans Quem non justuÌ„ Bellum gerere Regio Animo sed per omnia clandestina grassari scelera LatrocinioruÌ„ ac veneficiorum cernebant But to proceed certain it is that even about this present time there have been suborned and sent into this Realm divers persons some English some Irish corrupted by Money and Promises And resolved and Conjured by Priests in Confesâ—ion to have executed that most wretched and horrible Fact Of which Number certain have been Taken and some have sufâ—fered and some are spared because they have with great sorrow confessed these Attempts and detested their Suborneâ—s And if I should conjecture what the reason is why this cursed enterprise was at this time so hotly and with such diligence pursued I take it to be chiefly because the Matters of France waxe ripe And the King of Spain made himself ready to unmask himself and to reap that in France which he had been long in sowing In regard that there being like to be a Divulsion in the League by the Reconciliation of some of the Heads to the King the more passionate Sort being destiâ—uted by their Associates were like to cast themselves wholly into the King of Spains Arms And to dismember some important Piece