fair habitation in this City and another in Herne in this County where his Motto still remaineth in each Window Misericordias Domini cantabo in Aeternum Nile's original is hidden but his stream is famous This Judge's Ancestors were not so obscure as he was illustrious His Device upon his Sergeants Ring was Suae quisque fortuna faber and his was always to this purpose That no man thrived but he that lived as if he were the first man in the world and his father were not born before him Forty years he said he lived by his industry Twenty by his reputation and Ten by favour King Henry the seventh knew not how well this Gentleman could serve him until he saw how effectually he did oppose him about the Tenth Peny raised for the War in Britain which raised another in York where though the Rabble that murthered Henry Earl of Northumberland who was to levy the Tax had not his Countenance for their Practice yet had they his Principle for their Rule which was this Before we pay any thing let us see whether we have any thing we can call our own to pay So able though reserved a Patriot thought the wise King would be an useful Courtier and he that could do so well at the Bar might do more at the Bench. Cardinal Morton was against his advancement as an encouragement to the Factious whose Hydra-heads grow the faster by being taken off by Preferment and not by an Ax the King was for it as the most probable 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 priviledge 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 Priviledge 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 Soveraigns 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 Soveraigns 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 you but my self 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 been my Enemy 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 behinde 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 sprightful conversation and cleanly 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 Counsel to 16 Noble-men 5. His Hospitality and Entertainments None more close then 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 Soveraign upon his person It was thought a reward adequate 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 be aimed at in King Henry the seventh's time to shew a mans parts before his judicious and discerning Majesty then whom none understood Worth better none valued it higher 8. His Opposition to Empson and Dudley's too severe Prosecution of Poenal Laws while Henry the seventh was living and his laying of it before 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 his publick good 9. His 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 better Friend Choice he was in commencing but constant in continuing Friends Many Acquaintance but few Friends was his Observation saying He had been undone 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 onely 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 on the Life of Edward Fox Bishop of Hereford EDward Fox born in Dursley in Gloucestershire was first brought up in Eaton then in Kings Colledge in Cambridge and died Provost thereof He was Almoner to King Henry the eighth and was the first that brought Doctor Cranmer to the knowledge of the King as he brought the King to the knowledge of himself Being after wards Bishop of Hereford was a great Instigator of the Politick and Prudential part of the Reformation and was
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 Priests and Judges are the Dispensers of these Principles No Prince more unhappy in his Priests then 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 then they were to hearken to his Clergy's Instruction among whom none more renowned then Sir John Fiz-James who was so fearful of the very shadow 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-James 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 kindeness 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 'll 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 Prudence so tempered his zeal for his Soveraign that he over-strained not the Prerogative to bring in fears and jealousies of Tyranny on the one hand and his Integrity 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 presumption 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 Vertue 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 More 's time there were but three in the Kings Bench in Sir John Fitz-James 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 notoriously wronged Sir John when a Templer in the case of his Chamber was to be tried before him for his whole Estate when a Judge the Adversaries among other shifts made use of this old Quarrel whereupon Sir John said It doth not become a Judge 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 Vertues that seldom endanger their Owner or displease their Superiours The People of those times would live and die with the Pope and Councel and this Judge with the King and Parliament The grand Article of his Faith was I believe as the Church believes 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 from the former flourished under King Henry the Eighth being a man of great command in Lancashire bringing the conside able strength thereof to the seasonable succour of the Duke of Norfolk with whom he performed signal service in Flodden Field 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 Courage of his Countrymen the cause of their being conquered imputes it to their indiscreet 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 Bittel the Scotch King and chiefest Gentry were slain the English losing scarce any of the Scots scarce any but of prime note The King afward 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 assisting of Our said Cousin against Our Enemy late King of Scots and how couragiously you as a very hearty loving Servant acquitted your self for the overthrow of the said late King and distressing of his Malice and Power to Our great Honour and the advancing of your no little Fame and Praise for which We have good cause to favour and thank you and so We full heartily do and assured may you be that We shall in such effectual wise remember your said Service in any your reasonable pursuits as you shall have cause to think the same right well imployed to Our comfor and weal hereafter Given under Our Signet at Our Castle at Windsor the seven and twentieth of November It appears by our Author that the like Letters mutatis mutandis were sent unto Sir Edward Stanley and some other men of principal note in Lancashire and Cheshire There is more in the
Astrologer who told him that this his Infant-son should taste of much trouble in the middest of his life even to the want of a meals meat but his old age should make amends for all with a plentiful estate which came to passe accordingly For his Father dying in his infancy no plentiful provision was made for him and when his eldest Brother Thomas Duke of Norfolke 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 lesse 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 Kelly BOth their preferments began on the same occasion both their natures were eminent for the same innocence and goodnesse both their services tend to the same issâ—e 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 James In 1582. his son William was created Earl Gowry 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 John then in Travel in Italy returns home to inherit his lands and honours but not one jot changed in disposition from the traiterous wayes of his Predecessors 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. Johnstone invites the King to be an eye-witnesse of his productions In their way Sir Thomas Erskin after Lord Kelly overtakes them and others Demanding of the Duke of Lenox then present why Alexander had ingrossed the King's eare 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 he leads the King into by-lodgings locking each door behind them till they came into a Back Room where no sooner entered but that Alexander claps on his Bonnet and with stern countenance faces the King and says Now Sir you must know I had a Father whose blood calls for revenge shed for your sake The King amazed deales 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 Man which so much wrought upon him that he said Well I will speak 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 〈◊〉 with his sword offers violence to the King Which the fellow seemingly opposes and between them began a 〈◊〉 which gave advantage to the King to cry Treâ—son at the Window which looked into a back-Court where Sir Thomas Erskin and oâ—â— Herries were come in pursuit of the King who was rumoured to be gone out the back-way to his â—â—nting 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 they found them above panting with the fray and up comes also at heels of them John Ramsey after Earl of Holdernesse 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 Erskin 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 Bed 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 â—ist 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 John 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 Pâ—triae Afterwards he was created Lord Haddington and Earl of Holdernesse 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 Parliament And all these men but Herries were living with other witnesses at King James his journey when he went from hence to visit Scotland and met together by direction at the same house with Ceremony and
above other Princes but above other men be but his scholar and you are safe in that 3. For the Discipline of the Church of England by Bishops c. I will not positively say as some do that it 's Jure Divino but this I say and think 〈◊〉 animo that it is the neerest to Apostolical truth and confidently I shall say it is fittest for Monarchy of all others I will use no other authority to you than that excellent Proclamation set out by the King himself in the first year of his Reign and annexed before the Book of Common Prayer which I desire you to read and if at any time there shall be the least motion made for Innovation to put the King in minde to read it himself It is most dangerous in a State to give ear to the least alterations in Government 4. Take heed I beseech you that you be not an instrument to countenance the Romish Catholicks I cannot flatter the world believes that some near in blood to you are too much of that perswasion you must use them with fit respects according to the bonds of nature but you are of kin and so a friend to their persons not to their errors 5. The Arch-Bishops and Bishops next under the King have the government of the Church and Ecclesastical affairs be not you the mean to prefer any to those places for any by-respects but onely for their learning gravity and worth their lives and Doctrine ought to be exemplary 6. For Deans and Canons or Prebends of Cathedral Churches In their first institution they were of great use in the Church they were not onely to be of Council with the Bishop for his revenue but chiefly for his Government in causes Ecclesiastical use your best means to prefer such to those places who are fit for that purpose men eminent for their learning piety and discretion and put the King often in minde thereof and let them be reduced again to their first institution 7. You will be often sollicited and perhaps importuned to prefer Scholars to Church-Livings you may further your friends in that way caeteris peribus otherwise remember I pray that these are not places meerly of favour the charge of souls lies upon them the greatest account whereof will be required at their own hands but they will share deeply in their faults who are the 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 minde 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 onely comely but commendable but thâ—â— must be great care not to introduce Innovatio 〈…〉 they will quickly prove scandalous men are 〈…〉 rally over-prone to suspition the true Pr 〈…〉 Religion is seated in the golden mean the 〈◊〉 unto her are the extreams on either â—and 10. The persons of Church-men are to be 〈◊〉 in due respect for their words-sake and protected from scorn but if a Clergy-man be loose and 〈…〉 dalous 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 〈◊〉 lay-uses His Majesty in his time hath religio 〈…〉 stopped a leak that did much harm and would 〈◊〉 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 thereto breed up a 〈◊〉 stock to furnish the Church and Common-wealth when the old store are transplanted This Kingdom hath in later ages been 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 throâ—â— established 1. Let the rule of Justice be the Laws of the Land an impartial arbiter between the King and his people and between one Subject and another I shall not speak superlatively of them left I be suâ—pected of partiality in regard of my own profession but this I may truly say they are second to none in the Christian world 2. And as far as it may lie in you let no Arbitrary power be intruded the people of this Kingdome love the Laws thereof and nothing will oblige them more then a confidence of the free enjoying of them What the Nobles upon an occasions once said in Parliament Nolumus leges Anglia 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 satisfie both the parties and â—earers just in their judgement and to sum up all they must have these three Attributes They must be men of courage fearing God and bating covet 〈…〉 e 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 〈◊〉 for themselves or their friends If it should prevail it perverts Justice but if the Judge be so just and of such courage as he ought to be as not to be enclined thereby yet it always leaves a 〈◊〉 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 Kingdome 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 instructions to that purpose they might be the best intelligencers to teh King of the true state of his whole Kingdome of the disposition of the people of their inclinations of their intentions and motions which are necessary to be truly understood 7. To this end I could wish that against every Circuit
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 Oâ—nia Sir Anthony replyed Sir I wonder having made your Omnia so little as you have you notwithstanding make your Vanitas so large King Edw 〈…〉 would say of his Tutors That Rodolph the Germ 〈…〉 spake honestly Sir John Cheeke talked merrily D 〈…〉 Coxe solidly and Sir Anthony Cooke weighingly A faculty that was derived with 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 wholsome 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 John Brooke Esq who was Sergeant at Law 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 Queen Elizabeth I am not informed He married Katharine Daughter of John Lord Chandois but died without issue A Lawyer and a Lawyers son yet one whose Zeal for the Religion of that time advanced rather then his Law to serve rather his Princes interest then 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 Soveraign 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 Poenal Laws came before him he confined them in the execution that that which was made for terrour 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 w 〈…〉 ready of her own inclination but readier upon S 〈…〉 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 recapitulate 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 died 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 revenge he would be above them in forgiveness An enemy I say though otherwise to a perfidious and an unworthy friend he was much of Cosmus Duke of Florence his temper who said You shall read that we are commanded to forgive our â—nemies but you never read that we are commanded 〈…〉 o forgive our friends Many have inveighed against Usury none have done more against it then this Knight who if he â—ad 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 Custome that would arise from that money if employed in merchandize 3. That yet if any exacted above five in the hundred they should loose the Principal A rate that on the one hand would keep up the necessary Commerce of Lending and Borrowing among the Old â—nd the Idle and yet direct men to that more ne 〈…〉 ssary of buying and improving Land and other Commodities that are more industrious and ingeâ—ious 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 moneys 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 Custome 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 Usury men must sell their Estates at under-Rates more sad then 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 Extortion be checked as Traffick is encouraged Thus he that hath no private care advanceth the publick Good and the childeless man is most thoughtful for Posterity Certainly the best Works and of greatest Merit for the Publique have proceeded from the unmarried or the childless man who both in Affection and Means have married and endowed the Publique 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 any thing 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 Kings Colledge in Cambridge and afterwards was Tutor in the same University to Henry and Charles Brandon successively Dukes of Suffâ—lk Under Queen Elizabeth he was made Master of the Hospital of St. Katharine's nigh the Tower of London At last
jurisdiction in many particulars The fitter they are for the peace of the Kingdome the more heed ought to be taken in the choice of them 24. But negatively this I shall be bold to say that none should be put into either of those Commissions with an eye of favour to their persons to give them countenance or reputation in the places where they live but for the King's service sake nor any put out for the disfavour of any great man It hath been too often used and hath been no good service to the King 25. A word more if you please to give me leave for the true rules of the moderation of Justice on the Kings part The execution of justice is committed to his Judges which seemeth to be the severer part but the milder part which is mercy is wholly left in the King 's immediate hand And Justice and Mercy are the true supporters of his Royal Throne 26. If the King shall be wholly intent upon Justice it may appear with an over-rigid aspect but if he shall be over-remiss and easie it draweth upon him contempt Examples of Justice must be made sometimes for terrour to some Examples of Mercy sometimes for comfort to others the one procures fear and the other love A King must be both feared and loved else he is lost 27. The ordinary Courts of Justice I have spoken of and of their Judges and judicature I shall put you in minde of some things touching the High Court of Parliament in England which is superlative and therefore it will behove me to speak the more warily thereof 28. For the institution of it it is very antient in this Kingdom It consisteth of the two Houses of Peers and Commons as the Members and of the King's Majesty as the head of that great body By the King's authority alone and by his Writs they are assembled and by him alone they are prorogued and dissolved but each House may adjourn it self 29. They being thus Assembled are more properly a Council to the King the Councel of the Kingdome to advise his Majesty in those things of weight and difficulty which concern both the King and People then a Court. 30. No new Laws can be made nor old Laws abrogated or altered but by common consent in Parliament where Bills are prepared and presented to the two Houses and then delivered but nothing is concluded but by 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 judgements which have been given in the Court of King's Bench which is the Court of highest jurisdiction in the Kingdome 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 potest as 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 misdemeauors in or towards that House and have not nor ever had power so much as to administer an Oath to prepare a judgement 33. The true use of Parliaments in this Kingdome 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 oâ—ght to do with any foreign King or State we shall be at a miserable losse for waâ—t 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 Kingdome which are those who for the most part furnish out that honourable Board I. Of Councellors there are two sorts The first Consiliarii â—ati as I may term them such are the Prince of Wales and others of the King's Sons when he hath more of these I speak noâ— 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 untill 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 wisdome and judgement 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 happinesse to be born and to live many years was not so much observed for having a numerous
which he could not choose but smile at knowing as he used to say That Treason is alwayes within five years weary of its self the People being more impatient of their own Libertinisme than of the strictest and most heavy government His way of Intelligence from Lâ—â—don by Mistresse E. P. friend to J. M. puts me 〈◊〉 minde of a passage in Queen Elizabeths Reigâ— who being presented with an Overture out 〈◊〉 Spain so secretly managed by the Councel there as the first news of its approach came with its selâ— the Messengers out of fear of a surprizal dispensing the Ceremonies commonly used in the behalf of Embassadors something strange considering the haughtinesse of that Nation did much inflame the Lord Treasurer's desire to know the farthest extent of the Negotiation as conducing to a present advantage that such an Answer might be made as should in some proportion quadrate with the demand of the Catholique King at that time standing upon Termes little different from those of an Enemy And being informed from the ordinary Espials he kept about his Person that the attempt was something difficult if not impossible the Don out of distrust still carrying his Instructions in his bosome Burleigh caused such a Jesuite to be apprehended as by reason of former miscarriages could not expect mercy and imparts his desires to him under as large promises if he brought them about as threats to be revenged on him and his Associates if he found himself abused All which though with some reluctancy he undertook and performed through the mediation of a fair Lady that first took away his Commission and then again layd it under his pillow whilest he slept His early endeavours for Peace by Addresses to London Scotland Cornwal speak his integrity and his prudence Every inconsiderable person may be powerful at disturbances but to forme Peace requires much wisdome and great vertues and his observations upon the division of the great Faction to two parties Independent and Presbyterian His care and watchfulness none of their clashes escaping his reach which was ready to accommodate as occasion served their respective Interests in their New models and alterations making as good use of Fears and Jealousies between them as they had done between the King and his People These and other his services recommended him to the attendance of his most excellent Majesty when Prince in the perfecting of the Western Association when it was thought fit to put the happiness and hope of the Kingdom in two bottomes with whom he continued with a constant fidelity in all difficulties performing several Embassies during their banishment with honour particularly one to the Emperour who had great respects for his Master and an aweful regard of his Cause till it pleased God to bring his Majesty by his and others counsel to his Father's Throne which he just saw and dyed Master of the Rolls June 1660. From one of whose Relations I have these Notes and Postils containing some of the policy of the late Times from 1642. to 1659. which I set down nakedly as I finde them not supposing they are his but that they were among his Papers 1. It is against the experience of the wisest Princes of France and England to leave their chief City in times of tumult yet it was necessary for the King to do so as well to break the fury of the worst people there by distance and time as to dis-abuse the best abroad by his presence and time and indeed it had been a shame for him to have perished in a tumult 2. It was urged that the King should not delay any longer the War but besides that nothing could perswade his gracious Majesty to a War but pure necessity It 's usually observed that if Boutefeus make not the feud irreconcileable by a desperate action Rebels cool consider break suspect fear and fall off to nothing 3. The repulse of Hotham did the King excellent service by alarming all the Loyal in the Kingdome with their designed plot 4. Especially when the Country saw the King so unwilling to engage that he discharged their guards several times 5. It was thought unfit to send to the Faction from Nottingham until it was rejoyned that men of understanding and fidelity are usually employed to those persons against whom a War is to be managed to discover their design humour forces succours and what-ever might succour or strengthen them which none but they who were secured with the priviledg 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 Areana 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 firme 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 wisdome 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 alwayes after 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 onely 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 layd 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 may be wondered that the King doth not cut off the chief of the Rebels as they fall into his hands according to the usual Maxime in that case but that his inclination to clemency is inexpressible and that the principle he goeth upon is fure though 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 mercifull but unhappy Princes 12. When it was urged against the King's going to London upon the successe in the West that
conducted by Reason engage those difficulties she encountereth in the execution of her designs Reason discovered him his enterprizes his Will enclined him to them and the noble transports of his regular passions set out both with that ardour and vehemencie as bear down obstacles and compass the design A hope he had that never rashly engaged him in desperate undertakings an audacity that precipitated him not weakly into impossibilities and a choler that led him not blindly to inevitable ruines Consideration managing the first Discretion and Foresight the second and Reason the third What doth it avail a man to be wise in knowing what is fit to be done prudent to invent means just to appropriate affairs to publick good authorized and happy to cause them to succeed if a Courage guided by Reason accompanied with Prudence ruled by Discretion animated by a generous Boldness be not diligent quick and prompt for Execution His Nature was generous and constant His Education like that of the Roman Youth among Statesmen manifold and solid His Soul was free and dis-engaged from any particular Design 3. Eloquence That added to his Parts what colours do to a Picture state grace and light Reason is the Ornament of a Man Speech the Interpreter of Reason and Elequence the grace of Speech wherein the Orator excelleth other men as much as they do other creatures His Wisdom advised his Prudence contrived his Courage resolved and his Eloquence perswaded adding at once gracefulness to his Designs and vigour to his Enterprizes as that wherewith he could satisfie mens Reasons and master their Passions by which he carried them whither he pleased His lively Expression animates his Reason his Eloquence his Expression and his Gesture his Eloquence whereby he charmed the Senses mollified Hearts incited Affections framed Desires checked Hopes and exercised a sacred Empire over every man he dealt with These qualities improved with Travel raised the Doctor to be the Chancellour's Secretary and the Legantine Courts chief Scribe at home a sly Agent in Italy a successful Orator in Germany and Leiger Embassador in France In Italy he with Doctor Fox having the King of France his Agent to second them gained the Popes Commission for hearing of the Cause between King Henry the VIII and Queen Katharine In Germany he undermined the French King and in France the Emperour Upon the poor Pope whom he found not worth 20 l. perplexed between the King of England who had set him at liberty and the King of Spain who had maintained him he wrought so far as to gain a dubious Letter in Cypher to the King and a clear promise to the Cardinal both about the suppression of some Monasteries and the Divorce which the crafty Agent extorted from the fearful man with his Necesse est c. although all this while he palliated this his main business with some impertinent overtures about King Henry the seventh's Canonization None better understanding the just degrees seasons and methods of Affairs then this Doctor Where he spoke one word for his Majesties Divorce he spoke two for the Cardinals Advancement having the French Kings Letter with him to that effect in omnem eventum In order whereunto he threatned the Pope from Germany and Germany from Rome so that their mutual jealousies forced them to a compliance with his Royal and Sacred Master A great Agent he was in this business while Wolâ—ey's Secretary a greater when the Kings in which capacity he writ they say one Book for the Pope's Supremacie in his Masters Name and another for the Kings in his own He draweth the Kingdom 's Remonstrance against the Pope and the Pope's against the Kingdom He and Doctor Fox are employed to gain the Vote of Cambridge for the Divorce where he brought it from the Negative to even Voices and from even Voices to a Disputation and upon that to a Determination on the Kings side 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 vâ—nerable 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 and for the Majesty of the matter in them contained not to be Englished Though he could not keep the word from shining yet had he wit enough to keep it in a dark Lanthorn to keep the Laity at their distance and bear up the Will-worship of Rome Had 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 Uxorious 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 be found in it such things as satisfied his conscience and therefore be would both execute it himself and cause others of his Parishioners to do it and if be were troubled in conscience he would reveal it to the Council and not reason openly against it so that he lost his Liberty and his Bishoprick until 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 then himself keeping alwayes behinde the Curtain and acting in Oxford by Visitors in London bv 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 Colledge 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 then 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 Grand-father himself to King Henry the Seventh by his Relation more then 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 Sheffield'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 rather obeying the Soveraign that was then determining who should be He was a throughly advised man one that gazed not on the issues but enquired into the reasons and springs 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 Tho. Mannors and Sir Ralph Euers IJoyn 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 then they were Vertue though obscure may satisfie me it must be renowned or it cannot serve others But action is the life of things and good dispositions are rather a mans Inclinations than his Vertue Both therefore were in their Courage regular in their Conduct observant in their Addresses obliging in their Passions even in their Enjoyments severe and in their Services equal Sir Thomas Mannors first weakened the Northern Rebels by such discreet Propositions as met with many of their Humours and Interests and then resolved to engage them but that the little Brook Dun swelled miraculously to a River between both Armies And at the same time Sir Ralph Euers held Scarborough-Castle where he had no Souldiers but his own Servants nor any sustenance for twenty days but bread and water For this service he is made Lord Warden of the Marches as Sir Thomas is Lord Governour of the North. Both did his Majesty as much service in Peace for his Revenue as in War for his Security Both against the Cardinal's way of raising Money which was but the relieving of a present need by laying the foundation of a lasting inconvenience being very careful that their Master did not lose in the president what he gained in the money Observations on the Life of Sir John Baker THere is one of this Name remarqueable in every Kings Reign since the Conquest here is one now renowned in this 1. For Integrity to be neither awed nor corrupted 2. For a Spirit publick as Nature neither moved with particular respects nor terminated in a private Design The French were so insolent in London the eighth year of Henry the Eighth that when one Williamson a Carpenter was about to pay for two Pigeons he bought a Frenchman takes them out of his hand saying They were no meat for Carpenters but for my Lord Embassadour who concerned himself so much in the case that he had Williamson imprisoned Sir John sued to the Embassador for the man who answered That the English Knave deserved to be banged for denying any thing to a Frenchman Whereupon Sir John replied You know not that you are in London A notable reply considering that the City was up next day against Strangers in so desperate a tumult that none could suppress but Sir Thomas More and none settle but Sir William Kingston and Sir John Baker No sooner had he allayed the disorder at home but he with the Bishop of St Asaph are sent to appease a Rebellion abroad I mean in Denmark though in vain when the Kings cruelty exceeded their apology and ruine was more elegible with that people then duty or obedience Where he observed these six Maximes in order to a newly-conquer'd-Kingdom 1. That the Royal Line should be extinguished 2. That the old Customs in Laws and Taxes should be observed 3. The Prince must be there to observe their humours in person 4. That the Officers be moderate and honest 5. That there be Colonies planted in one or two places that are the Keys of the State 6. That the Neighbours should be weakened and divided and the In-land Forts demolished As he would have composed the troubles of forreign Princes so he served the