way of weakening of them as who when the most sober and wise part of them draweth off are but a rude multitude and a rope of sand When a Commoner none so stiff for the subjects priviledg when a Judge none so firm to the Princes Prerogative two things however they fatally clashed of late that are solid felicities together and but empty notions asunder for what is Prerogative but a great Name when not exercised over a free people and what is priviledg but a fond imagination when not secured under a powerful King that may keep us from being slaves one to another by Anarchy while we strive to be free from his Tyranny That people is beyond president free and beyond comparison happy who restrain not their Sovereigns power to do them harm so far as that he hath none left him to do them good Careful he was of the Law for he was a Judge and as careful of his Sovereigns Right for he was a Subject No ominous clashing between Courts in his time nor setting the Kings Conscience in Chancery against his Will in the Kings Bench. A man tells Aristides to make him party in his cause that his Adversary had abused him I sit not here saith that Impartial Judge to right my self but you When a notorious enemy of Judge Fineux had a cause depending before him It might have gone against you my friend said he had you not been my Enemy His Motto was nemo prudem punit quia peccatum est sed ne peccetur Ten things which are indeed ten of the most remarkable particulars of his life raised him 1. An indefatigable industry 1. In his reading leaving behind him 23 Folio's of Notes 2. In his practice bequeathing 3502 Cases he managed himself to his Executor 2. A freedome of converse as about his business none more close so in company none more open having so compleat a command of himself that he knew to a minute when to indulge and to a minute too when to restrain himself A gay and cheerful humour a spriteful conversation and cleanâ—y manners are an exceeding useful accomplishment for every one that intends not to wind himself into a solitary retirement or be mewed in a Cloyster 3. A rich and a well-contrived marriage that at once brought him a large Estate and a larger Interest the same tie that allied him to his Wives Family engaged him to many 4. A great acquaintance with Noble Families with whose dependants he got in first devoting an hour a day for their company and at last with themselves laying aside his vacation-leisure for their service He was Steward of 129 Mannors at once and of Councel to 16 Noble-men 5. His Hospitality and Entertainments None more close than he abroad none more noble at home where many were tied to his Table more obliged by his company and discourse 6. His care and integrity in managing his Repute in promoting his Reason and Eloquence in pleading and his Success in carrying his causes 7. His eminence and activity in the two profitable Parliaments of Henry the seventh where he had the hearts and purses of the people at his command and the eye of his Sovereign upon his person It was thought a reward adequaâ—e to the greatest merit and adventure in the Grecian Wars to have leave to play the Prizes at Olympus before Kings It was judged the most ambition could aime at in King Henry the seventh's time to â—hew a mans parts before his judicious and discerning Majesty than whom none undeâ—sâ—ood Worth better none valued it higher 8. His Opposition to Empson and Dudley's tâ—o severe Prosecution of Poeâ—al Laws while Henry the seventh was living and his laying of it befoâ—e him so faithfully that he repented of it when he was a dying He is high a while that serves a Princes private interest he is always so that is careful of the publick good 9. Hiâ— entire Devotion to that sacred thing called Friendship that Bliss on this side Heaven made up of Peace and Love None a worse Enemy none a â—etter Fâ—iend Choice he was in commencing but constant in continuing Friends Mâ—ny Acquaintance but few Friends was his Oâ—servation â—â—ying He had been undâ—ne by his Acquaintance had he not been raised by his Friends 10. His care of time To day I have not reigned said the Emperour when he had done no good To day I have not lived said the Judge when he had done nothing So much he prayed Morning Evening and at Noon according to the way of those times as if he never studied so much he studied as if he never practised so great his practice as if he never conversed and so free his converse with others as if he lived not at all to himself Time of which others are so prodigally expensive was the only thing he could be honestly covetous of full whereof he died leaving this instruction to posterity That we should not complain we have little time but that we spend much either in doing nothing or in doing evil or in doing nothing to the purpose Observations of the Life of Dr. Edward Fox Secretary and Almoner to King Henry the Eighth EDward Fox born in Dursly in Gloucestershire brought up a Scholar in Eaton after fellow of Kings Colledg in Cambridge where he died Provost He was Almoner to King Henry the eighth the first that brought Doctor Cranmer to the knowledg of the King as he brought the King to the knowledge of himself Being afterwards Bishop of Hereford he was a great Instigator of the Politick and Prudential part of the Reformation and was not less able but more active than Cranmer himself yea so famous was he that Martin Bucer dedicaâ—ed unto him his Comment upon the Gospel so painâ—ul that he wrote many Books whereof that de Differentia utriusque potestatis was the chief so worthy he was that the King employed him on several Embassies into France and Germany He died May 8. 1538. In his first years none more wild in his last none more stayed The untoward Youth makes the able Man He that hath mâ—ttle to be extravagent when he cannot govern himself hath a spirit to be eminent when he can His friends devotion to the Church and relation to the Bishop of Winchester made him a Scholar his own Inclinâ—â—ion a Politician an Inclination that brake through all the ignoble restraints of pedantique studies and coercions wherewith many a great Soul in England enjoying not the fâ—eedome of forein parts but tied to such employments though never so unsuitable as their fâ—iends put them to are debased and lost to an eminency more by observation and travel than by reading and study that made him the Wonder of the Univeâ—sity and the Daâ—ling of the Court. When he was called to the Pulpit or Chair he came off not ill so prudential were his parts of Divinity when advanced to any Office of Trust in the University he came off very well so incomparable were his parts for
to Richard Bishop of London The two main Principles that guide humane Nature saith Judge Dodderidge are Conscience and Law By the former we are obliged in reference to another world by the latter in relation to this Pâ—iests and Judges are the Dispensers of â—hese Principles No Prince more unhappy in his Priests than King Henry whose unhappiness it was that all the juggle prevarication and imposture of his time was in the Pulpit none more happy in his Judges to whose Reason his People were more willing to submit than they were to hearken to his Clergy's Instruction among whom none more renowned than Sir Iohn Fitz-Iames who was so fearful of the very shadow and appearance of corruption that it cost his chief Clerk his place but for taking a Tankard after a signal Cause of 1500 l. a year wherein he had been serviceable though not as a Bribe but as a Civility Caesar would have his Wife without suspicion of lewdness and Fitz-Iames his servants without the appearance of corruption What was Law alwayes was then a Resolution Neither to deny nor defer nor sell justice When our Judge came upon the Bench he knew no more then Melchisedech or Levi Father or Mother neither Friend nor Interest for when his Cousin urged for a kindness Come to my House saith the Judge I will deny you nothing come to the Kings Court and I must do you justice And when the Attorney-General bespake his favour in a publick Cause Trouble not your self said he I 'le do the King right The King is cast the Attorney expostulates the Judge satisfieth him That he could not do his Majesty Right if he had not done justice His Pâ—udence so tempeâ—ed his zeal for his Sovereign that he over-strained not the Prerogative to bring in fears and jealousies of Tyranny on the one hand and his Integâ—ity so balanced his Popularity that he never depressed it to broach bold opinions and attempts of Liberty on the other complying with none of those humours that an Imaginary dread of oppression or a dangerous presâ—mption of freedom may transport to irregular excesses either for the one or against the other As his Majesty was secured by his Loyalty so his Subjects were by his Patience a Virtue he carried with him to the Bench to attend each circumstance of an Evidence each allegation of a Plea each plea in a Cause hearing what was impertinent and observing what was proper His usual saying as Sergeant Mandevil reports it being We must have two souls as two sieves one for the Bran the other for the flour the one for the Gross of a Discourse the other for the Quintessence The same day that there was no Cause to be tried in the Chancery in Sir Tho. More 's time there were but three in the Kings Bench in Sir Iohn Fitz-Iames his time the reason whereof some imagine was Cardinal Wolsey's extraordinary power that engrossed all Causes to his Legantine Court others know it was the Judges Integrity who was too honest to allow as that Age was too plain to contrive delays and obstructions Lewis the Eleventh of France would say when he was advised to take Revenge of those that had affronted him before he came to the Crown That it became not the King of France to revenge the Injuries done to the Duke of Orleans A Person that had noâ—oriously wronged Sir Iohn when a Templer in the case of his Chamber was to be tried before him for his whole Eâ—tate when a Judge the Adversaries among other shifts made use of this old Qâ—arrel whereupon Sir Iohn said It doth not become a Iudge upon the Bench to revenge a wrong done in his Chamber Two things upheld him in those boysterous times 1. Silence 2. Patience both wary Virtues that seldom endanger their Owner or displease their Superiours The Peâ—ple of those times would live and die with the Pope and Council and this Judge with the King and Parliament The grand Article of his Faith was I believe as the Church beleives and the great Rule of his Practice was I will live as the Law directs He was a tried Man whose Faith and Honour was above his Life and Fortune whose Generosity was above that first temptation of Money as his Spirit was above the second of Danger No fear here of delivering up Priviledges to day for fear of the King or Prerogative to morrow for fear of the Subject No an unbiass'd Temper between both make up this honest man who came on to preferment with great Expectations and went off with great Applause being one of the three men of whom it is said That because they never pleased their Master in doing any thing unworthy they never displeased him in doing any thing that is just When base compliance goeth off with the contempt of those it hath humoured a Noble Resolution comes off with the Reverence of those it hath discontented Observations on the Life of Sir William Molineux SIr William Molineux Junior Descendent from Sir William Molineux Knight of Sefton in Lancashire flourished under King Henry the Eighth being a man of great command in Lancashire bringing the considerable strength thereof to the seasonable succour of the Duke of Norfolk with whom he performed signal service â—a Flodden-Field The Image of whose mind he was as well as the Portrait of his body Peculiar was our Knight for nobly forgiving his Enemies if reconcilable and refusing ignobly to be revenged of them though obstinate for honestly would he betray the Villanies of them that dishonestly offered to betray them to him as Fabricius delivered up to Pyrrhus though a sworn Enemy the Physician that would have Poysoned him Lewis the 11th discovered to the Duke of Burgundy though his mortal Foe the conspiracy that would have ruined him And Queen Elizabeth of England with King Philip of Spain gave Henry the great of France when Friends with neither of them notice of two Plots upon his person that would have ruined him It is confessed on all sides that the Scots lost the day by not keeping their Ranks but not agreed on the cause thereof Buchanan who commonly makes the too much Couâ—age of his Country-men the cause of their being conquered imputes it to their indiscrete pursuing of the English routed at the first Others say They did not break their Ranks but were broken unable to endure the Lancashire Archers and so forced to sunder themselves In this Battel the Scottish King and chiefest Gentry were slain the English losing scarce any the Scots scarce any but of prime note The King aâ—terward wrote his Gratulatory Letter to Sir William Molineux in form following TRusty and Well-Beloved We greet you well And understand as well by the Report of Our Right Trusty Cousin and Counsellour the Duke of Norfolk as otherwise what acceptable service You amongst Others lately did Vs by your valiant Towardness in the assiâ—ting of Our said Cousin against Our Enemy late King of Scots and how couragiously you as a
for all with a plentiful estate which came to pass accordingly For his Father dying in his infancy no plentiful provision was made for him and when his eldest Brother Thomas Duke of Norfolk was executed his condition was much impaired insomuch that being once in London not overstocked with money when his noble Nephews the Earl of Arundel and the Lord Thomas Howard were out of Town and loath to pin himself on any Table uninvited he was fain to dine with the Chair of Duke Humphrey but other not to say better company viz. reading of books in Stationers Shops in St. Paul's Church-yard though afterwards he attained to great wealth honour and command However that Lord gave little credit to and placed less confidence in such Predictions as appeared by a learned Work he hath written on that subject Observations on the Life of Sir John Ramsey Earl of Holderness and Sir Tho. Ereskin Earl of Kelley BOth their prefermentâ— began on the same occasion both their natures were eminent for the same innocence and goodness both their services tend to the same issue and therefore both their Characters come under one observation which it's more proper to take in the word of their Countrey-man and Contemporary that knew them than in the expression of a stranger that onely heard of them The whole story runs thus The name of Ruthen in Scotland was not notorious until Anno 1568. when Ruthen amongst others Confederates in those divided times of trouble laboured much for the imprisoning Queen Mary Mother to King Iames. In 1582. his son William was created Earl Goury in the time of that King's minority though the Father bore deadly hatred to the King's prosperity And in 1584. himself was in actual Rebellion in which he suffered at Dondee His eldest son Iohn then in Travel in Italy returns home to inherit his lands and honours but not one jot changed in disposition from the traiterous ways of his Predecessâ—rs For not long after he falls into this Conspiracy which is not so ancient but that many then and now living can and my self have heard the repetition The house of Gowry were all of them much addicted to study Chymistry and these more to practise it often publishing as such Professors usually do more rare experiments then ever could be performed wherein the King a general Scholar had little faith But to infuse more credit to the practice Alexander Ruthen the second brother takes this occasion and withal conspires with Gowry to assassinate the King and taking opportunity in his hunting not far from his house St. Iohnstone invites the King to be an eye-witness of his productions In their way Sir Thomas Erskin after Lord Kelley overtakes them and others Demanding of the Duke of Lenox then present why Alexander had ingrossed the King's ear to carry him from his Sports Peace man said the Duke Wee's all be turn'd into gold Not far they rid but that the Earl Gowry made good by protestation his Brother's story And thus was the King brought to be a Guest Neer the end of Dinner at his Fruit and the Lords and Waiters gone to eat Alexander begs of the King at this opportunity to withdraw and to be partaker of his Production to the view of that which yet he could not believe And up hâ— leads the King into by-lodgings locking each door behind them till they came into a Back-Room where no sooner entered but that Aâ—exander claps on his Bonnet and with stern countenance faces the Kinâ— and says Now Sir you must know I had a Father whose blood calls for revenge shed for your sake The King amazed deals gently with his fury excuses the guilt of his death by his then Infancy Advising him not to lay violent hands on the sacred Person of his Anointed Soveraign Especially in a cause of his Innocency Pleading the Laws of God and Man which so much wrought upon him that he said Well I will speakâ— with my Brother and so put the King into a Lobby Room next the Chamber where no sooner entered but that there appeared a fellow weaponed ready for execution to whose custody the King is committed till his return Alexander gone down the fellow trembles with Reverence puts down his Sword and craves pardon which gave the King occasion to work upon that passion and to ask him whether he resolved to murther him Being assured to the contrary the King gets leave to open a window that looked into a back Court When presently Alexander returns and tells the King that he must dye But much affrighted at the Fellow's countenance with his sword offers violence to the King Which the fellow seemingly opposes and between them began a scuffle which gave advantage to the King to cry Treason at the Window which looked into a back-Court where Sir Thomas Erskin and one Herries were come in pursuit of the King who was rumoured to be gone out the back-way to his hunting At the cry of Treason and known to be the King's voice they both hastened up a back-stair called the Turn-pike being directed by a servant of the house who saw Alexander ascend that way And so forcing some doors that found them above panting with the fray and up comes also at heels of them Iohn Ramsey after Earl of Holderness by them Alexander was soon dispatched Not long after came the Earl Gowry by his double key the first way with a case of Rapiers his usual weapons and ready drawn To whom Erskiâ— said as to divert his purpose What do you mean my Lord the King is kill'd for the King was shadowed having cast himself upon a Reâ— from his sight and his Cloak was thrown upon the Body of Alexander bleeding upon the ground At which Gowry stops sinking the points of his weapons when suddenly Herries strikes at him with a hunting Falchion And Ramsey having his Hawk on his fist casts her off and steps in to Gowry and stabs him to the heart and forthwith more Company came up Not long after this Conspiracy Herries dies well rewarded Iohn Ramsey hath the Honour of Knighthood with an additional bearing to his Coat of Arms A Hand holding forth a Dagger reversed proper piercing a bloody Heart The point crowned Emperial with this Distick Haec Dextra Vindex Principis Patriae Afterwards he was created Lord Haddington and Earl of Holdernâ—ss Sir Thomas Erskin was afterwards created Earl of Kelly Knight of the Garter Captain of the King's Guard and Groom of the Stool and the Fellow designed for the Murtherer had a large Pension confirmed by Act of their Parliamâ—nt And all these men but Herries were living with other witnesses at King Iames his journey when he went from hence to visit Scotland and met together by direction at the same house with Ceremony and all of them with a number of Courtiers ascended into the same Room the blood yet râ—maining where the King related the Story which was confirmed by them And afterwards kneeling down with
instruments of their preferment 8. Besides the Romish Catholicks there is a generation of Sectaries the Anabaptists Brownists and others of their kinds they have been several times very busie in this Kingdom under the colour of zeal for reformation of Religion The King your Mr. knows their disposition very well a small touch will put him in mind of them he had experience of them in Scotland I hope he will beware of them in England a little countenance or connivance sets them on fire 9. Order and decent ceremonies in the Church are not only comely but commendable but there must be great care not to introduce Innovations they will quickly prove scandalous men are naturally over-prone to suspition the true Protestant Religion is seated in the golden mean the enemies unto her are the extreams on either hand 10. The persons of Church-men are to be had in due respect for their words sake and protected from scorn but if a Clergy-man be loose and scandalous he must not be patroniz'd nor wink 't at the example of a few such corrupt many 11. Great care must be taken that the patrimony of the Church be not sacrilegiously diverted to lay-uses His Majesty in his time hath religiously stopped a leak that did much harm and would else have done more Be sure as much as in you lyes stop the like upon all occasions 12. Colledges and Schools of Learning are to be cherished and encouraged there to breed up a new stock to furnish the Church and Common-wealth when the old store are transplanted This Kingdom hath in later ages beâ—n famous for good literature and if preferment shall attend the deservers there will not want supplies Next to Religion let your care be to promote Justice By justice and mercy is the Kings throne established 1. Let the rule of Justice be the Laws of the Land an impartial arbiter between the King and hiâ— people and between one Subject and another I shall not speak superlatively of them lest I be suspected of pâ—â—tâ—aâ—ity in regard of my own proâ—â—ssion but this I may truly say they are second to none in the Christian world 2. And as far as it may lye in you let no Arbitrary power be intruded the people of this Kingdom love the Laws thereof and nothing will oblige them more than a confidence of the free enjoying of them What the Nobles upon an occasion once said in Parliament Nolumus leges Angliae mutari is imprinted in the hearts of all the people 3. But because the life of the Laws lies in the due execution and administration of them let your eye be in the first place upon the choice of good Judges These properties had they need to be furnished with To be learned in their profession patient in hearing prudent in governing powerful in their elocution to perswade and satisfie both the parties and hearers just in their judgment and to sum up all they must have these three Attributes They must be men of courage fearing God and hating covetâ—â—sness An ignorant man cannot a Coward dares not be a good Judge 4. By no means be you perswaded to interpose your self either by word or letter in any cause depending or like to be depending in any Court of Justice nor suffer any other great man to do it where you can hinder it and by all means disswade the King himself from it upon the importunity of any for themselves or their friends If it should prevail it perverts Justice but if the Judge be so just and of so good courage as he ought to be as not to be enclined thereby yet it always leaves a taint of suspition behind it Judges must be as chaste as Caesar's Wife neither to be nor to be suspected to be unjust and Sir the honour of the Judges in their judicature is the Kings honour whom they represent 5. There is great use of the service of the Judges in their Circuits which are twice in the year held throughout the Kiâ—gdom the tryal of a few causes between party and party or delivering of the Gaols in several Counties are of great use for the expedition of justice yet they are of much more use for the government of the Counties through which they pass if that were well thought upon 6. For if they had instrâ—ctions to that purpose they might be the best intelligencers to the King of the true state of his whole Kingdom of the disposition of the people of their inclinations of their intentions and moâ—â—â—nâ— which are necessary to be truly understood 7. To this end I could wish that against every Circuit all the Judges should sometimes by the K. himself and sometimes by the Lord Chancellor or Lord Keeper in the King's name receive a charge of those things which the present times did much require and at their return should deliver a faithful account thereof and how they found and left the Counties through which they passed and in which they kept their Assizes 8. And that shey might the better perform thâ—s work which might be of great importance it will not be amâ—ss that sometimes this charge be publick as it useth to be in the Star-Chamber at the end of the Terms next before the Circuit begins where the Kâ—ng's care of jâ—stice and the good of his people may be published and that sometimes also â—t may be private to communicate to the Judges some thiâ—gs not so fit to be publickly delivered 9. I could wish also that the Judges were directed to make a little longer stay in a place than usually they do a day more in a County would be a very good addition although their wages for their Circuits were increased in proportion it would stand better with the gravity of their employment whereas now they are sometimes enforced to rise over-early and to sit over-late for the dispatch of their business to the extraordinary trouble of themselves and of the people their times indeed not being horae juridicae And which is the main they would have the more leisure to inform themselves quasi aliud agentes of the true estate of the Country 10. The attendance of the Sheriffs of the Counties accompanied with the principal Gentlemen in a comely not a costly equipage upon the Judges of Assize at their coming to the place of their sitting and at their going out is not onely a civility but of use also It raiseth a reverence to the persons and places of the Judges who coming from the King himself on so great an errand should not be neglected 11. If any sue to be made a Judge for my own part I should suspect him but if either directly or indirectly he should bargain for a place of judicature let him be rejected with shame vendere jure potest emerat ille prius 12. When the place of a chief Judge of a Court becomes vacant a puisne Judge of that Court or of another Court who hath approved himself fit and deserving would be sometimes preferred
not a Kentish Knight having spent a great Estate at Court and brought himself to one Park and a fine House in it was yet ambitious to entertain not the Queen but her Brother at it and to that purpose had new-painted his Gates with a Coat of Arms and a Motto overwritten thus OIA VANITAS in great Golden Letters Sir Anthony Cooke and not his Son Cecil offering to read it desired to know of the Gentleman what he meant by OIA who told him it stood for Omnia Sir Anthony replied Sir I wonder having made your Omnia so little as you have you notwithstanding make your Vanitas so large King Edward would say of his Tutors That Radolph the German spake honestly Sir Iohn Cheek talked merrily Dr. Coxe solidly and Sir Anthony Cooke wâ—ighingly A faculty that was derived wiâ—h his blood to his Grandchilde Bacon which informs the world of this great truth That Education doth much towards Parts Industry more Converse Encouragement and Exercise more yet but a sound temper and nature an wholesome blood and spirit derived from healthful and well-constitutioned Parents doth all Observations on the Life of Sir David Brooke DAvid Brooke Knight born at Glassenbury Son to Iohn Brooke Esq who was Serjeant at Lâ—w to King Henry the Eighth Our David was also bred in the Study of our Laws and in the first of Queen Mary was made Chief Baron of the Exchequer but whether dying in or quitting the place in the first of Qâ—een Elizabeth I am not informed He married Katherine Daughter of Iohn Lord Chandois but dyed without issue A Lawyer and a Lawyers son yet one whose zeal for the Religion of that time advanced rather â—han his Law to serve rather his Princes interest than his Court that being the happy shall I say or unhappy time when the Soveraign and the State did often consult with Judges and the Judges more often consult with the Sovereign and State Yet although a particular respect raised a general fair carriage kept him up He observed not onely things but times not onely times but persons therefore when old Poâ—nal Laws came before him he confined them in the execution that that which was made for terror should not be for rigour and the Instrument of Government should not be the snare of the People When Informers of that Court were too busie he checked them when violent prosecution cunning advantages combinations power or great counsel balanced an honest cause he set all things even His invention was good to improve his Mistresses Revenue his conscience was as tender to diminish it Q. Mary was ready of her own inclination but readier upon Sir David Brookes motion to part with the Church-Profits Patient and grave he was in hearing sparing and weighty in speaking None would direct an Evidence more orderly none moderated the length or impertinency of Pleaders more discreetly None would recapitulâ—â—â—e select collate the material points of what had been said more exactly none gave judgement more satisfactorily always commending a good Lawyer that miscarried a good way to uphold in the Client the reputation of his counsel and beat down in him the conceit of his cause He dyed with some projects in his breast for the Revenue and some for the Law whereof one was a composition for the Purveyances and another a regulation of the Wards both at that time thought till regulated as unprofitable for the Crown as they seemed to be burthensome to the subject He had a close way of discovering Concealments as he had a severe one of punishing frauds His word was One Law executed is worth twenty made None more austere in case of others wrong none more mild in that of his own and he would say What is done is done Weak men concern themselves in what is past while the wise take care of what is present and to come If a man wrongeth me once God forgive him saith the Italian if he wrongeth me the second time God forgive me Others may be even with their enemies in râ—venge he would be above them in forgiveness An enemy I say though otherwise to a perfidious and unworthy friend he was much of Cosmus Duke of Florence his temper who said You shall read that we are commanded to forgive our enemies but you never read that we are commanded to forgive our friends Many have in veighed against Usury none have done more against it than this Knight who if he had lived was resolved to reduce it to these Rules 1. That it should be declared unlawful 2. Being declared so if any practised it as men must do or Traffick will fall that there should be a penalty upon the Usurer which might amount to an Excise or Custom that would arise from that money if employed in merchandize 3. That yet if any exacted above five in the hundred they should lose the principal A rate that on the one hand would keep up the necessary Commerce of Lending and Borrowing among the Old and the Idle and yet direct men to that more neâ—essary of buying and improving Land and other Commodities that are more industrious and ingenious 4. That none yet presume this but in some principal places of merchandizing for then as my Lord Bacon hath projected it they will hardly be able to colour other mens money in the Country for no man will lend his money far off or put it into unknown hands Or Lastly That there be no money lent out upon terms but to the State which may make its advantage of it Indeed considering on the one hand that Usury decayeth the Kings Custom bringeth money to few hands damps Industry and Invention beats down the price of the land and by eating up private Estates breeds a publick poverty It were to be wished it were forbidden And on the other That Borrowers trade most that No usury no young Merchants that Without usuâ—y men must sell their Estates at under-rates more sad than usury that No borrowing no living no usury no borrowing It were wished it were regulated so that the inconveniences of it were avoided and the advantages retained and extortâ—on be checked as Traffick is encouraged Thus he that hath no private care advanceth the publick Good and the childless man is most thoughtful for Posterity Certainly the best Works and of greatest merit for the Publick have proceeded from the unmarried or the childless man who both in affection and means have married and endowed the Publick He that hath Wife and Children hath given Hostages to Fortune For they are Impediments either to Vertue or Mischief A fat man in Rome riding always upon a very lean Horse being asked the Reason thereof answered That he fed himself but he trusted others to feed his Horse Our Judge being asked what was the best way to thrive said Never do anything by another that you can do by your self Observations on the Life of Doctor Thomas Wilson THomas Wilson born in Lincolnshire was Doctor of Laws bred Fellow of
Negative to even Voices and from even Voices to a Dispuâ—ation and upon that to a Determinâ—tion on the Kings â—ide for which we find him now Bishop of Winchester Archbishop Cranmer's Assistant at pronouncing the Divorce at the Priory of Dunstable and one of the two Embassadors at the Interview between King Francis and King Henry As he had declared himself by writing so he drew up a Form whereby others might declare themselves by oath for the Kings Supremacy And as he owneth the Kings Authority so he maintaineth it in his Apology for Fisher's Death But because no power is lasting when Religion is not venerable the wary Bishop promotes the Statutes of six Articles in the House of Commons in spight of Cromwel and Cranmer and urgeth the retaining of some essential Latin words in the translation in the Convocation Words for their genuine and native meaning â—nd for the Majesty of the matter in them contained not to be Englished Though he could not keep the word from shining yet he had wit enough to keep it in a daâ—k Lanthorn to keep the Laity at their distance and bear up the Will-worship of Rome Hâ—d he kept here King Henry had been satisfied but when his success improved his boldness and that precipitated his undertakings he must be quarreling with the Protestant Queens and so fall out with the Uxâ—rious King under whose displeasure he continued while he lived as he did under his sons afterwards First for refusing a confession of his fault and then for not subscribing some Articles proposed unto him though he owned the Supremacy the Reformation and said of the Common-Prayer That though he would not have made it so himself yet he found in it such things as satisfied his conscience and therefore he would both execute it himself and cause others of his Parishioners to do it and if he were troubled inconscience he would reveal it to the Council and not reason oâ—enly against it so that he lost his Liberty aâ—d his Bâ—shâ—prick untill he was restored to both by Queen Mary who kissed and called him her Prisoner in the Tower and likewise advanced him to the Chancellourship wherein he did more harm by others than himself keeping alwayes behindâ— the Curtain and acting in Oxford by Visitors in London by Bonner and in his own Diocess by Suffragans Onely in two Particulars he declared himself 1. Against the Princess Elizabeth saying In vain it is to lop the Branches while the Root remains 2. Against the Exiles Threatning that he would watch their supplies so that they should eat their nails and then feed on their fingers ends But threatned Folks live long and before the Confessors were brought to that Bill of fare the Bishop was eaten of worms himself dying suddenly and strangely wholly a Protestant in the point of merit who had been in other things so zealous a Papist One piece at once of his Prudence and Resolution and I have done The Lord Protector by Letters sollicited Gardiner to resign Trinity-Hall to the Kings hand who designed one Coâ—ledge out of that and Clare-Hall Most politick Gardiner saith my Author not without cause suspecting some design or casualty might surprize the Interval between the dissolution of the old and the erection of this new Foundation civilly declined the motion informing his Grace That the way to advance the study of the Law was by promoting the present Professors of that Faculty now so generally discouraged and not by founding a new Colledge for the future Students thereof seeing Trinity Hall alone could breed more Civilians than all England did prefer according to their deserts Observations on the Life of Sir William Herbert HIs Family had not endeared its self to the antient Kings by its service nor his Grandfather himself to King Henry the Seventh by his Relation more than He did Himself to King Henry the Eighth by his Merit He was a great Pattern of antient Vertue that in the greatest Fortune enjoyed the least Liberty Vigilant and careful One whose Power was attended with Sollicitude there was an Eye in the ancient Scepters and his sollicitude with Temperance he that commands himself commands the World too While some mens imprudent integrity can do no harm and others base cunning can do no good Sir William's Prudence and integrity was equally able for both as there was occasion Very close and successful were his and my Lord Shefield's Negotiations abroad Very resolute and manly his Conduct at home He was one of the twenty four Counsellours to Henry the Eighth while he lived and one of the sixteen Executors of his Will when he died All great undertakers must avoid softness and effeminacie the bane of great Natures and Actions For where there is love and pleasure there is fear and where there is fear there is that which enchains Generosity and confines Courage He had his double Diary the first for Actions the second for Observations upon them And indeed his and Sir William Kingston's Manuscripts give a great light to the History of those times In which Diary we finde what actions he did against the Scots by constant alarms with three thousand Welch and what against Ket's Rebels by notable stratagems with two thousand The man is compleat that hath a Head and a Heart As to the Faction in King Edward's time he would not concern himself looking on accusations in a Commonwealth as great advantages to check ambition and vent discontent that the one may not aspire too dangerously nor the other break out too irregularly And as little concern'd was he in King Edward's Will his business being raâ—her obeying the Sovereign that was than determining who should be He was a throughly advised man one that gazed not on the issues but enquired into the reasons and spring of Actions Very useful he was in Queen Mary's Council and no less in King Philip's War where he got St. Quintin for him and a lasting Renown for himself who died in Queen Elizabeth's time and left this plain Character behinde That he was a noble Gentleman of a trusty a free and an open Nature Observations on the Lives of Sir Thomas Mannors and Sir Ralph Evers I Joyn them both in my Observations because they agreed both in their dispositions 1. Both Nobly Religious and so blessed themselves and being a blessing unto others Their Religion was attended with Magnanimity Constancy Wisdom Prudence Valour and Counsel as the Products of it and with Success as the Issue 2. Both famous and renowned having Honour as the shadow doth the Sun going before them in their younger years to make their way to action keeping even with them in their middle age to countenance and credit their proceedings and following them in old Age to eternize and embalm them Both making their way to Honour as Agesilaus in Plutarch or Epictetus in Strabo by saying what was well and doing what was better or with Socrates by being what they appeared and appearing no more
the King 's Royal assent They are but Embroys 't is he giveth life unto them 31. Yet the House of Peers hath a power of Judicature in some cases properly to examine and then to affirm or if there be cause to reverse the judgments which have been given in the Court of King's Bench which is the Court of highest jurisdiction in the Kingdom for ordinary Judicature but in these cases it must be done by Writ of Error in Parliamento And thus the rule of their proceedings is not absoluta potestas as in making new Laws in that conjuncture as before but limitata potestas according to the known Laws of the Land 32. But the House of Commons have only power to censure the Members of their own House in point of election or misdemeanors in or towards that House and have not nor ever had power so much as to administer an Oath to prepare a judgment 33. The true use of Parliaments in this Kingdom is very excellent and they would be often called as the affairs of the Kingdom shall require and continued so long as is necessary and no longer for then they be but burthens to the people by reason of the priviledges justly due to the Members of the two Houses and their Attendants which their just rights and priviledges are religiously to be observed and maintained but if they should be unjustly enlarged beyond their true bounds they might lessen the just power of the Crown it borders so near upon popularity 34. All this while I have spoken concerning the Common Laws of England generally and properly so called because it is most general and common to almost all cases and causes both civil and criminal But there is also another Law which is called the Civil or Ecclesiastical Law which is confined to some few heads and that is not to be neglected and although I am a professor of the Common-Law yet am I so much a lover of Truth and of Learning and of my native Countrey that I do heartily perswade that the Professors of that Law called Civilians because the Civil Law is their guide should not be discountenanced nor discouraged else whensoever we shall have ought to do with any foreign King or State we shall be at a miserable loss for want of Learned men in that profession III. I come now to the consideration of those things which concern Councellors of State The Council-Table and the great Offices and Officers of the Kingdom which are those who for the most part furnish out that honourable Board 1. Of Councellors there are two sorts The first Consiliarii nati as I may term them such are the Prince of Wales and others of the King's Sons when he hath moreâ— of these I speak not for they are naturally born to be Councellors to the KING to learn the art of Governing betimes 2. But the ordinary sort of Councellors are such as the King out of a due consideration of their worth and abilities and withal of their fidelities to his Person and to his Crown calleth to be of Councel with him in his ordinary Government And the Council-Table is so called from the place where they ordinarily assemble and sit together and their Oath is the onely ceremony used to make them such which is solemnly given unto them at their first admission These honourable persons are from thenceforth of that Board and Body They cannot come until they be thus called and the King at his pleasure may spare their attendance and he may dispense with their presence there which at their own pleasure they may not do 3. This being the quality of their service you will easily judge what care the King should use in his choice of them It behoveth that they be persons of great trust and fidelity and also of wisdom and judgment who shall thus assist in bearing up the King's Throne and of known experience in publick affairs 4. Yet it may not be unfit to call some of young years to train them up in that Trade and so fit them for those weighty affairs against the time of greater maturity and some also for the honour of their persons But these two sorts not to be tyed to so strict attendance as the others from whom the present dispatch of business is expected 5. I could wish that their number might not be so over-great the persons of the Councellors would be the more venerable And I know that Queen Elizabeth in whose time I had the happiness to be born and to live many years was not so much observed for having a numeroâ—s as a wise Councel 6. The duty of a Privy-Councellor to a King I conceive is not onely to attend the Councel-board at the times appointed and there to consult of what shall be propounded But also to study those things which may advance the King's honour and safety and the good of the Kingdom and to communicate the same to the King or to his fellow Councellors as there shall be occasion And this Sir will concern you more then others by how much you have a larger share in his affections 7. And one thing I â—hall be bold to desire you to recommend to his Majesty That when any new thing shall be propounded to be taken into consideration that no Counsellor should suddenly deliver any positive opinion thereof it is not so easie with all men to retract their opinions although there shall be cause for it But only to hear it and at the most but to break it at first that it may be the better understood against the next meeting 8. When any matter of weight hâ—th been debated and seemeth to be ready for a resolution I wish it may not be at that sitting concluded unless the necessity of the time press it lest upon second cogitations there should be cause to alter which is not for the gravity and honour of that Board 9. I wish also that the King would be pleased sometimes to be present at that Board it adds a Majesty to it And yet not to be too frequently there that would render it less esteemed when it is become common Besides it may sometimes make the Councellors not to be so free in their debates in his presence as they would be in his absence 10. Besides the giving of Counsel the Councellors are bound by their Duties ex vi termini as well as by their Oaths to keep counsel therefore are they called de Privato Consilio Regis a secretioribus consiliis Regis 11. One thing I add in the negative which is not fit for that Board the entertaining of private causes of meum tuum those should be left to the ordinary course and Courts of Justice 12. As there is great care to be used for the Councellors themselves to be chosen so there is of the Clerks of the Council also for the secreting of their Consultations and methinks it were fit that his Majesty be speedily moved to give a strict charge
against whom a War is to be managed to discover their design humour forces succouâ—s and what ever might succour or strengthen them which none but they who were secured with the priviledge of Agents might do and none were judged fitter than they that were best acquainted with the knowing Ladies and the talkative Lords 6. It was offered that Intelligence should be written to satisfie the people and make the vulgar pretences ridiculous But quaere whether it is possible for the Arcana Imperii to remain always under so exact a discipline as may admit a thorow-inspection of the multitude without danger 7. When it was urged as the fundamental Principle the King should proceed upon that the Faction at Westminster was no Parliament the King being firm to his promise as there was not a juster man alive not to dissolve them without their leave it was judged that self-preservation being the first principle in nature that concession which wisdom saw then and experience since so contrary to that principle was rather to be repented of than performed 8. It is a very great advantage to the King's Cause that his Messages of Peace were sent always aâ—ter his Victories and his Enemies after their defeats And that his Declarations were natural easie as grounded upon obvious principles of Scripture Law and Reason and theirs harsh forced and wilde as grounded only upon Pretences and Fancies 9. It 's a probable opinion that it is in vain to treat with the Rebels who can never trust the King with their guilty heads 10. It is in vain to yield them any thing since all Concessions have no other issue than either or both of these two inconveniences 1. That they make the Faction so insolent that the King should not be able to deny nor grant them any thing 2. That they justified former proceedings and laid the blame upon the King for not granting that sooner which he thinks fit to grant now Besides it 's more fit Propositions come to the King than from him 11. It mâ—y be wondered that the King doth not cut off the chief of the Rebels as they fall into his hands according to the usual Maxim in that case but that his inclination to clemency is inexpressible and that the principle he goeth upon is sure â—hough deep viz. That so much are Man-kinde in general and the English in particular obliged by fair usages that the generality of this Nation returned nine times in 1300 years after long intervals of Usurpation out of gratitude as well as duty unto their Allegiance to the posterity of good pious merciful but unhappy Princes 12. When it was urged against the King's going to London upon the success in the West that the City would pour out fresh men upon him as at Brainford It was replied â—hat the City and Country were not under such strong delusions as then but were more sensible of the miseries they had been trepanned into Besides there was a more miraculous power of conversion went along with the King's presence where-ever he came convincing all he conversed with 13. Whether the King beâ—ng so wise and able it were not convenient to contrive it so that the people might see how well he acted by himself provided he had sufficient security 14. Whether it being dangerous that the Rebels should seize as God forbid they should on the whole Court at once it were not convenient that his Majesty and the Prince did part that the Kingdom might know its hope as well as its happiness and that their interest when separated might be more spreading than when together 15. It was judged prudence to let the success wherein their souls were unequal overthrow the Faâ—tion by mutual Jealousies and Animosities till it dissipated all pretences and the people saw none oppressed them in their Estates Liberties Consciences more than the pretended Patrons of them all An Indempnity without regard to any Faction being most likely to render the misled as jealous for the King as they had been against him 16. It were to be wished that the Parliament did draw into entire Propositions their design that his Majesty and his People might make a clearer judgement of it in order to an accommodation 17. His Majesty must be secured of the Militia and against tumults and all persons invested in their first right without any controversie As to other matters â— full bebate may settle them with such explanations and qualifications as may satisfie all parties 18. It 's thought his Majesty may concur with the Parliament about the Presbyterian Government for three years the time allowed by themselves and that at the three years end the very Kingdom will throw it off as inconsistent with the English temper and unsuitable with the Brittish Monarchy And so likewise in other things which look plausible in the general but are unpracticable in the particular 19. Though many things are necessary to avoid jealousies which are inconvenient yet they may be allowed upon the respect of the likelihood that all things will in time return to their proper chanel only a general Act of indempnity is the best bond of Peace whereby the numerous discontents of many pâ—rsons and families otherwise exposed to ruine might not become Fuel to new disorders or Seeds to future troubles with particular regards to the priviledges of the City notwithstanding non-user mis-user abuser and the interest of the Army an indulgence that would help the world to see clearly the Kings intentions in matter of future government 20. No Act to pass till the Peace be concluded lest what his Majesty grants may be an argument to urge what he must deny so that he cannot treat in Honourâ— Freedom or Safety 21. Time is the best cure of Faction 22. When the Treaty is broken off so that neither side could reassume it without a seeming yielding it should be renewed upon the Queens motion provided always that her name was not used or intimated till the Rebels willingness to compliance were preassured But stay I am fallen upon mine own knowing time wherein I am fitter to read others Observations than to write my own and it becomes me rather to be instructed than to instruct Industry and Curiosity bid me begin this Collection where Sir W. F. Sir R. N. Sir I. H. Characters end and modesty enjoyns mâ— to finish it where my Contemporaries own knowledge begins with whom I shall quietly pass my time observing how far the affairs I â—ee or hear of agree with those I have read of Having gained thus much if no more by this Essay That by looking into the Intrigues of former times I have learned a great deal of reason to bless GOD I was born in these being assured that murmurs discontents complaints whisperings speaking evil of Dignities the common but unreasonable faults of this Age are kept up only because men are ignorant of the Ages foregoing And as my Lord Bacon saith of the Schoolmen in the Church 〈◊〉 of troublâ—som persons in