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cause_n justice_n king_n law_n 4,449 5 4.8812 4 true
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A28370 The remaines of the Right Honorable Francis, Lord Verulam, Viscount of St. Albanes, sometimes Lord Chancellour of England being essayes and severall letters to severall great personages, and other pieces of various and high concernment not heretofore published : a table whereof for the readers more ease is adjoyned. Bacon, Francis, 1561-1626.; Bodley, Thomas, Sir, 1545-1613.; Palmer, Herbert, 1601-1647. Characteristicks of a believing Christian. 1648 (1648) Wing B318; ESTC R17427 72,058 110

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of justice oppresseth the People for he teacheth his Judges to sell justice and Precis parata precia vincitur justitia 11. Bounty and magnificence are vertues very Rege but a prodigall King is neerer a Tyrant then a parcimonious for store at home draweth his contemplations abroad but want supplyeth it selfe of what is next and many times the next way and herein must be wise and know what he may justly do 12. That King which is not feared is not loved and hee that is well seen in his craft must as well study to be feared as loved yet not loved for feare but feared for love 13. Therefore as he must alwayes resemble him whose great name he beareth and that in manifesting the sweet influence of his mercy on the severe stroke of his Justice sometimes so in this not to suster a man of death to live for besides that the land doth mourne the restraint of Justice towards sinne doth more retard the affection of Love then the extent of mercy doth enflame it and sure where love is bestowed feare is quite lost 14. His greatest enemies are his flatterers for though they ever speake on his side yet their words still make against him 15 The Love which a King oweth to a weale publike should not be restrained to any one perticular yet that his more speciall favour do reflect upon some worthy ones is somewhat necessary because there are few of that capacitie 16. Hee must have a speciall care of five things if he would not have his Crowne to be put on him In felix felicitatis 1. First that simulata sanctitas be not in the Church for that is duplex iniquitas 2. Secondly that inutilis equitas sit not in the Chauncery for that is ineptem misericordia 3. Thirdly that utilis iniquitas keepe not the Exchequer for that is crudele latrociniam 4. Fourthly that fidelis temeritas be not his generall for that will bring but seram penitentiam 5. Fifthly that infidelis prudentia be not his Secretary for that he is anguis sub viridi herba To conclude as he is of the greatest power so he is subject to the greatest Cares made the servant of his people or else he were without a Calling at all Hee then that honoureth him not is next an Atheist wanting the feare of God in his heart An explanation what manner of persons those should bee that are to execute the power or Ordinance of the Kings Prerogative written by the said Sir Francis Bacon late ●ord Chancellour and Lord of St. Albans THat absolute Prerogative according to the Kings pleasure revealed by his Lawes may be exercized and executed by any Subject to whom power may be given by the King in any place of Judgment or Commission which the King by his Law hath ordained in which the Judge subordinate cannot wrong the people the Law s●ying downe a measure by which every Judge should govern and execute against which law if any Judge proceed he is by the law questionable and punishable for his transgression In this nature are all the Judges and Commissioners of the Land no otherwise then in their Courts in which the King in person is supposed to sit who cannot make that trespas fellony or treason which the Law hath not made so to be neither can punish the guil●y by other punishment then the Lawes have appointed This Prerogative or power as it is over all the Subjects so being known by the Subjects they are without excuse if they offend and suffer no wrong if they be justly punished and by this Preroga●ive the King governeth all sorts of people according un●o known will The absolute Prerogative which is in Kings according to their private will and judgment cannot be executed by any Subject neither is it possible to give such power by Commission or fit to subject the People to the same for the King in that He is the Substitute of God immediatly the Father of His People and Head of the Common-wealth hath by perticipation with God and with His Subjects a discretion judgment and feeling love towards those over whom he reigneth only proper to himselfe or to His places and person who seeing he cannot in any others infuse His wisdome power or guif●s which God in respect of his place and charge hath enabled him withall can neither subordinate any other Judge to govern by that knowledge which the King can no otherwise then by his knowne will perticipate unto him And if any such subordinate Judge shall obtain Commission according to the discretion of such Judge to govern the people that Judge is bound to think that to be his sound discretion which the Law in which the Kings known will sheweth unto him to be that justice which he ought to administer otherwise he might seeme to esteeme himself above the Kings Law who wiil not govern by him or to have a power derived from other then from the King which in the kingdome will administer justice contrary unto the justice of the Land neither can such a Judge or Commissioner under the name of his authority shroud his own high affection seeing the conscience and discretion of every man is perticular and private to himself as the discretion of the Judge cannot be properly or possibly the discretion of the conscience of the King and if no● his discretion neither the judgment that is ruled by another mans only Therefore it may seeme they rather desire to be Kings then to rule the People under the King which will not administer justice by Law but by their own will This administration in a Subject is derogative to the Kings Prerogative for he administreth justice out of a private direction being not capable of a generall direction how to use the Kings children in pleasure in causes of perticular respect which if no other th●n the King himself can do how can it be so that any man should desire that which is unfit and impossible but that it must proceed out of some exorbitan affection the rather seeing such places to be full of trouble and being altogether unnecessary no man will seek to thrust himself into it but for hopes of gaine Then is not any Prerogative oppugned but maintained though it be desired that every subordinate Magistrate may not be made supreame whereby he may seale up the hearts of the people take from the King the respect due unto him only or to judge the people otherwise then the King doth himself And although the Prince be not bound to render any accompt to the Law which in person administreth it selfe yet every subordinate Judge must render an accompt to the King by his Lawes how he hath administred justice in his place where he is set But if he hath power to rule by private direction for which there is no Law how can he be questioned by a Law if in his private censure he offends Therefore it seemeth that in giving such authority the King ordaineth not
a strength And I am sure her Majesty and my Lords of the Councell do not think their care dissolved when they have chosen whom to employ But that they will proceed in a Spirit of State and not leave the main point to discretion Then if a resolution be taken a consultation must be governed upon information to be had from such as know the place and matters in Fact And in the taking of information I have alwayes noted there is a skill and a wisdom For I cannot tell what an account or enquiry hath been taken of Sir William Russel and of Sir R. Bingham of the Earl of Thomond of Mr. Wilbraham But J am of opinion much more would be had of them if your Lordship shall be pleased severally to confer not Obliter but expresly and upon Caveat given them to think of it before For bene docet qui prudenter interrogat For the points of opposing them J am too much a stranger to the businesse to deduce them but in a Topique me thinks the pertinent interrogatories must be either of the possibilities and means of accord or of the nature of the War or of the reformation of the particular abuses or of the joyning of practise with force in the division of the Rebels If your Lordship doubt to put your sickle in others Harvest First time being fit to you in Mr. Secretaries absence Next Vnita fortior Thirdly being mixt with matter of War it is fittest for you Lastly I know your Lordship will carry it with that modesty and respect towards aged Dignity and that good correspondence towards my dear Ally and your good friend now abroad as no inconvenience may grow that way Thus have I played the ignorant Statesman which I do to no body but your Lordship except J do it to the Queen sometimes when she trains me on But your Lordship will accept my duty and good meaning and secure me touching the privatnesse of that I write Your Lordships to be commanded FRAN. BACON A Letter of advise to my Lord of Essex upon the first Treaty with Tyron 1598. before my Lord was nominated for the Charge of Ireland My Lord THese Advertisements which your Lordship imparted to me and the like J hold to be no more certain to make judgment upon then a Patients water to a Physitian Therefore for me upon one water to make a judgment were indeed like a foolish bold Mountebank or Doctor Birket yet for willing duties sake I will set down to your Lordship what opinion sprung in my mind upon that I read The Letter from the Councell there leaning to mistrust J do not much rely upon for three Causes First because it is always both the grace and the safety from blame of such a Councell to erre in causion whereunto add that it may be they or some of them are not without envy towards the person who is used in treating the Accord Next because the time of this treaty hath no shew of dissimulation For that Tyron is now in no straight But he is not now like a Gamester that will give over because he is a Winner then because he hath no more money in his purse Lastly I do not see but those Articles whereupon they ground their Supposition may as well proceed out of fear as out of fals●ood For the retaining of the dependance of the porracting the admission of a Sher●ff the refusing to give his Son for Hostage the holding off from present repair to Dublin the refusing to go presently to accord without including Odonell and others his Assistants may very well come of a guilty reservation in case he should receive hard measure and not out of treachery So as if the great person be faithfull and that you have not here some present intelligence of present Succours from Spain for the expectation whereof Tyron would gain time J see no deep cause of distrusting the cause if it be good And for the question her Majesty seemeth to me a Winner three ways First her purse shall have some rest Next it will divert the forrain designs upon that place Thirdly though her Majesty is like for a time but to govern Precario on the North and be not in true command in better state there then before yet besides the two respects of ease of charge and advantage of opinion abroad before mentioned she shal have a time to use her Princely Policy in two points to weaken them the one by division and disunion of the heads the other by recovering and winning the people from them by justice which of all other causes is the best Now for the Athenian question you discourse well quid igitur agendum est I will shoot my fools bolt since you will have it so● The Earl of Ormond to be encouraged and comforted above all things the Garisons to be instantly provided for upportunity makes a thief And if he should mean never so well now yet such an advantage as the breaking of her Majesties Garrisons might tempt a true man And because he may aswell waver upon his own inconstancy as upon occasion And wanton variablenesse is never restrained but with fear I hold it necessary he be menaced with a strong war not by words but by musters and preparation of Forces here in case the Accord proceed not but none to be sent over least it disturb the Treaty and make him look to be over-run as soon as he hath laid Way Arms And but that your Lordship is too easie to passe in such cases from dissimulation to verity J think if your Lordship lent your reputation in this case it is to pretend that if a defensive War as in times past but a wofull reconquest of those parts in the Countrey you would accept the charge J think it would help to settle him and win you a great deal of honour gratis And that which most properly concerneth this action if it prove a peace J think her Majesty shall do well to cure the Root of the Disease and to professe by a Commission of peaceable men chiefly of respect and countenance and reformation of abuses extortions and injustices there and to plant a stronger and surer Government then heretofore for the ease and protection of the Subject for removing of the Sword or Government in Arms from the Earl of Ormond or the sending of a Deputy which will eclipse it if peace follow J think unseasonable Lastly I hold still my opinion both for your better information and your fuller declaration of your care and medling in this urging and meriting service that your Lordship have a set conference with the persons I named in my former Writing I rest My Lord At your Lordships service FRAN. BACON A Letter of advice to my Lord of Essex immediate before his going into Ireland My singular good Lord YOur late Note of my silence on your occasions hath made me set down these few wandring lines as one that would say somwhat and can say nothing