Injustice it is plain and cannot be denied that we hear but the one Part Whereas that Rule Audi alteram Partem is not of the Formality but of the Essence of Iustice Which is therefore figured with both Eyes shut and both Eares open Because she should hear both sides and respect Neither So that if we should hap to give a right Judgement it mought be Iustum but not Iustè without hearing both Parties For the Point of Derogation his Lordship said He knew well we were no lesse ready to acknowledge then Himself That the Crown of England was ever invested amongst other Prerogatives not disputable of an absolute Determination Power of concluding and making War and Peace Which that it was no new Dotation but of an ancient Foundation in the Crown he would recite unto us a number of Presidents in the Raignes of severall Kings And chiefly of those Kings which come nearest his Majesties own worthinesse Wherein He said that he would not put his Credit upon Ciphars and Dates Because it was easie to mistake the year of a Raign or number of a Rowle but he would avouch them in substance to be perfect and true as they are taken out of the Records By which Presidents it will appear That Petitions made in Parliament to Kings of this Realme his Majesties Progenitours Intermedling with matter of Warr or Peace Or inducement thereunto Received small Allowance or Successe But were alwaies put off with Dilatory Answers Sometimes referring the matter to their Councell Sometimes to their Letters sometimes to their further Pleasure and Advice And such other Formes Expressing plainly that the Kings meant to reserve Matter of that Nature entirely to their own Power and pleasure In the 18th yeare of King Edward the First Complaint was made by the Commons against the Subjects of the Earle of Flanders with Petition of Redresse The Kings Answer was Rex nihil aliud potest quam eodem modo petere That is The King could do â—o more but make Request to the Earle of Flanders as Request had been made to him And yet no Body will imagine but King Edward the First was potent enough to have had his Reason of a Count of Flaunders by a Warr And yet his Answer was Nihil aliud potest As giving them to understand That the Entering into a Warr was a Matter Transcendent that must not depend upon such Controversies In the 4th year of King Edward the Third The Commons Petitioned That the King would enter into certain Covenants and Capitulations with the Duke of Brabant In which Petition there was also inserted somewhat touching a Money Matter The Kings Answer was That for that that concerned the Moneys they mought handle it and examine it But touching the Peace he would do as to himself seemed good In the 18th year of King Edward the Third The Commons petitioned that they might have the Triall and proceeding with certain Merchants Strangers as Enemies to the State The Kings Answer was It should remain as it did till the King had taken further order In the 45th yeare of King Edward the Third The Commons complained That their Trade with the Easterlings was not upon equall Tearms which is one of the poynts insisted upon in the present Petition And prayed an Alteration and Reducement The Kings Answer was It shall be so as occasion shall require In the 50th year of the same King The Commons petitioned to the King for Remedy against the Subjects of Spaine as they now do The Kings Answer was that he would write his Letter for Remedy Here is Letters of Request no Letters of Mart Nihil potest nisi eodem modo petere In the same year the Merchants of Yorke petitioned in Parliament against the Hollanders And desired their Shipps mought be stayed both in England and at Calais The Kings Answer was Let it be declared to the Kings Councell And they shall have such remedy as is according to Reason In the 2d year of King Richard the second the Merchants of the Seacoast did complaine of diverse spoiles upon their Shipps and Goods by the Spaniard The Kings Answer was that with the Advise of his Councell he would procure remedy His Lordship cited two other Presidents The one in the second yeare of King Henry the Fourth of a Petition Against the Merchants of Genova The other in the 11th yeare of King Henry the 6th Of a Petition against the Merchants of the Stilliard which I omit because they contain no variety of Answer His Lordship further cited two Presidents concerning other points of Prerogative Which are likewise Flowers of the Crowne The one Touching the Kings supremacy Ecclesiasticall The other Touching the Order of Waightes and Measures The former of them was in the time of King Richard the 2d At what time the Commons complained against certaine Encroachments and Usurpations of the Pope And the Kings Answer was The King hath given Order to his Councell to treat with the Bishops thereof The other was in the 18th year of King Edward the First At which time Complaint was made against uneven Waights And the Kings Answer was Vocentur partes ad placita Regis fit Iustitia Whereby it appeared that the Kings of this Realme still used to refer Causes petitioned in Parliament to the proper places of Cognizance and Decision But for the Matter of Warr and Peace As appeares in all the former Presidents The Kings ever kept it in Scrinio pectoris In the Shrines of their own Breast Assisted and advised by their Counsell of Estate His Lordship did conclude his Enumeration of Presidents with a notable President in the 17. year of King Richard the Second A Prince of no such glory nor strength And yet when he made offer to the Commons in Parliament That they should take into their Considerations Matter of Warr and Peace then in in hand The Commons in Modesty excused themselves and answered The Commons will not presume to treat of so high a charge Out of all which Presidâ—nts his Lordship made this Inference that as Dies Diâ—m docet So by these Examples Wise Men will be admonished to forbear those Petitions to Princes which are not likely to have either a Welcome Hearing or an effectuall Answer And for prejudice that might come of handling and debating Matter of War and Peace in Parliament He doubted not but that the Wisedom of this House did conceive upon what secret Consideration and Motives that point did depend For that there is no King which will providently and Matuâ—ely enter into a War But will first ballance his own Forces Seek to anticipate Confederacies and Alliances Revoake his Merchants Finde an opportunity of the first Breach And many other points which if they once do but take winde will prove vaine and frustrate And therefore that this Matter which is Arcanum Imperij one of the highest Mysteries of Estate must be suffered to be kept within the Vaile His Lordship adding that he knew
a particular Examination of it Thirdly whether we shall content our selves with some Entry or Protestation amongst our selves And Fourthly whether we shall proceed to a Message to the King And what Thus I have told you mine Opinion I know it had been more safe and politick to have been silent But it is perhaps more honest and lovingâ— to speak The old Verse is Nam nulli tacuisse nocet nocet esse locutum But by your leave David saiâ—h Silui à bonis Dolor meus renovatus est When a Man speaketh He may be wounded by Others but if He holds his peace from Good Things he wounds Himself So I have done my part and leave it to you to do that which you shall judge to be the best The Charge of Sir Francis Bacon Knight his Majesties Atturney Generall against William Talbot a Counsellor at Law of Ireland upon an Information in the Star-Chamber Ore tenus For a writing under his Hand whereby the said William Talbot being demanded whether the Doctrine of Suarez touching Deposing and Killing of Kings Excommunicated were true or no He answered that he referred himself unto that which the Catholick Roman Church should determine thereof Ultimo die Termini Hilarij undecimo Iacobi Regis My Lords I Brought before you the first sitting of this Term the Cause of Duels But now this last sitting I shall bring before you a Cause concerning the greatest Duell which is in the Christian World The Duels and Conflicts between the lawfull Authority of Soveraign Kings which is Gods Ordinance for the comfort of Humane Society And the swelling pride and usurpation of the See of Rome in Temporalibus Tending altogether to Anarchy and Confusion Wherein if this pretence by the Pope of Rome by Cartels to make Soveraign Princes as the Banditi And to proscribe their Lives and to expose their Kingdomes to prey If these pretences I say and all Persons that submit themselves to that part of the Popes Power be not by all possible Severity repressed and punished The State of Christian Kings will be no other then the ancient Torment described by the Poets in the Hell of the Heathen A man sitting richly roabed solemnly attended delicious fare c. With a Sword hanging over his Head hanging by a small thread ready every moment to be cut down by an accursing and accursed hand Surely I had thought they had been the Prerogatives of God alone and of his secret Judgements Solvam Cingula Regum I will loosen the Girdles of Kings Or again He powreth contempt upon Princes Or I will give a King in my wrath and take him away again in my displeasure And the like but if these be the Claims of a Mortall Man certainly they are but the Mysteries of that Person which exalts himself above all that is called God Supra omne quod dicitur Deus Note it well Not above God though that in a sense be true in respect of the Authority they claim over the Scriptures But Above all that is called God That is Lawfull Kings and Magistrates But my Lords in this uel I find this Talbot that is now before you but a Coward For he hath given ground He hath gone backward and forward But in such a fashion and with such Interchange of Repenting and Relapsing as I cannot tell whether it doth extenuate or aggravate his Offence If he shall more publikely in the face of the Court fall and settle upon a right mind I shall be glad of it And he that would be against the Kings Mercy I would he might need the Kings Mercy But neverthelesse the Court will proceed by Rules of Justice The Offence wherewith I charge this Talbot Prisoner at the Bar is this in brief and in Effect That he hath maintained and maintaineth under his hand a power in the Pope for the Deposing and Murthering of Kings In what sort he doth this when I come to the proper and particular charge I will deliver it in his own words without Pressing or Straining Buâ— before I come to the particular charge of this Man I cannot proceed so coldly but I must expresse unto your Lordships the extreme and imminent Danger wherein our Dear and Dread Soveraign is And in him we all Nay and wherein all Princes of both Religions For it is a common Cause do stand at this day By the spreading and Enforcing of this furious and pernicious Opinion of the Popes Temporall Power which though the modest Sort would blanch with the Distinction of In ordine ad Spiritualia yet that is but an Elusion For he that maketh the Distinction will also make the Case This perill though it be in it self notorious yet because there is a kind of Dulness and almost a Lethargy in this Age Give me leave to set before you two Glasses Such as certainly the like never met in one Age The Glasses of France and the Glasse of England In that of France the Tragedies acted and executed in two Immediate Kings In the Glasse of England the same or more horrible attempted likewise in a Queen and King immediate But ending in a happy Deliverance In France H. 3. in the face of his Army before the walls of Paris stabbed by a wretched Iacobine Fryer H. 4. a Prince that the French do surname the Great One that had been a Saviour and Redeemer of his Country from infinite Calamities And a Restorer of that Monarchy to the ancient State and Splendour And a Prince almost Heroicall except it be in the Point of Revolt from Religion At a time when he was as it were to mount on Horse-back for the Commanding of the greatest Forces that of long time had been levied in France This King likewise stilletted by a Rascal votary which had been enchanted and conjured for the purpose In England Queen Elizabeth of blessed memory A Queen comparable and to be rankt with the greatest Kings Oftentimes attempted by like votaries Sommervile Parry Savage and others But still protected by the Watch-man that Slumbreth not Again our excellent Soveraign King Iames The Sweetness and Clemency of whose nature were enough to quench and mortifie all Malignity And a King shielded and supported by Posterity Yet this King in the Chair of Majesty his Vine and Olive Branches about him Attended by his Nobles and Third Estate in Parliament Ready in the Twinckling of an Eye As if it had been a particular Doomesday To have been brought to Ashes dispersed to the four Winds I noted the last day my Lord Chief Iustice when he spake of this Powder Treason he laboured for words Though they came from him with great Efficacy yet he truly confessed and so must all Men That that Treason is above the Charge and Report of any Words whatsoever Now my Lords I cannot let passe but in these Glasses which I spake of besides the Facts themselves and Danger to shew you two Things The one the Wayes of God Almighty which turneth the Sword of Rome
Better Commissioners to examine it The Term â—ath been almost turned into a Iustitium or Vacancy The People themselves being more willing to be Lookers on in this Business then to follow their own There hath been no Care of Discovery omitted no Moment of Time lost And therefore I will conclude this Part with the Saying of Salomon Gloria Dei celare rem gloria Regis Scrutari rem And his Majesties Honour is much the greater for that he hath shewed to the World in this Businesse as it hath Relation to my Lord of Sommerset whose Case in no sort I do prejudge being ignorant of the Secrets of the Cause but taking him as the Law takes him hitherto for a Suspect I say the King hath to his great Honour shewed That were any Man in such a Case of Bloud as the Signet upon his Right Hand as the Scripture sayes yet would He put him off Now will I come to the particular Charge of these Gentlemen whose Qualities and Persons I respect and love For they are all my particular Friends But now I can only do this Duty of a Friend to them to make them know their Fault to the full And therefore first I will by way of Narrative declare to your Lordships the Fact with the occasion of it Then you shall have their Confessions read upon which you are to proceed Together with some Collaterall Testimonies by way of Aggravation And lastly I will note and observe to your Lordships the Materiall points which I do insist upon for their Charge And so leave them to their Answer And this I will doe very briefly for the Case is not perplexed That wretched Man Weston who was the Actor or Mechanicall Party in this Impoysonment at the first day being indicted by a very substantiall Iury of Selected Cittizens to the number of 19. who foâ—nd â—illa vera yet neverthelesse at the first stood mute But after some dayes Intermission it pleased God to cast out the Dumb Devill And that he did put himself upon his Tryall And was by a Jury also of great Value upon his Confession and other Testimonies found guilty So as 31. sufficient Iurours have passed upon him whereupon Judgement and Execution was awaâ—ded against him After this being in preparation for another World he sent for Sr. Thomas Overburies Father and falling down upon his knees with great Remorce and Compunction asked him forgivenesse Aftâ—rwards againe of his own Motion desired to have his like prayer of forgivenesseâ— recommended to his Mother who was abâ—ent And at boâ—h times out of the abundance of his Heart Confâ—ssâ—d that he was to die justly and that he was woâ—thy of Deâ—th And after again at his Execution which is a kind of sealing tâ—me of Confessions evâ—n at the point of Death Although there were Tempters about him as you shall hear by and by yet he did again confirm publickly that his Examinations weâ—e â—rue And that he had been justly and honourably dealt with Here is the Narrative which enduceth the Charge The Chaâ—ge it self is this M. L. Whose Offence stands alone single the Offence of the other two being in consort And yet all three meetingâ— in their End and Center which was to interrupt or deface this Excellent piece of Iustice M. L. I say mean while between Westons standing mute and his Tryall Takes upon him to mâ—ke a most False Odious and Libellous Relation Containing as many Untruths as Lines And sets it down in writing with his own Hand And deliveâ—s it to Mr. Henry Gibb of the Bed-chamber to be put into the Kings Hand In which writing he doth falsifie and pervert all that was done the first day at the Arraignment of Weston Turning the Pike and Point of his Imputations principally upon my Lord Chief Iustice of England Whose Name thus occurring I cannot pass by And yet I can not skill to flatter But this I will say of him and I would say as much to Ages if I should write a Story That never Mans Person and his place were better met in a Businesse then my Lord Cooke and my Lord Chief Iustice in the Cause of Overbury Now My Lords in this Offence of M. L For the particulars of these slanderous Articles I will observe them unto you when the Writings and Examinations are read For I do not love to set the Gloss before the Text. But in generalâ— I noâ—e to your Lordships First the Person of M. L. I know he is a Scottish Gentleman and thereby more ignorant of our Lawes and Formes But I cannot tell whither this doth extenuate his Fault in râ—spect of Ignorance Or aggravate it much in respect of Presumptiou That he would meddle in that that he understood not But I doubt it came not out of his Quiver Some other Mans Cunning wrought upon this Mans Boldnesse Secondly I may note unto you the Greatnesse of the Cause Wherein he being a private mean Gentleman did presume to deal M. L could not but know to what great and grave Commissioners the King had committed this Cause And that his Majesâ—y in his Wiâ—edom would expect return of all things from them to whose trust he had committed this Businesse For it is the part of Commissioners as well to report the Businesse as to mannage the Businâ—sse And then his Majesty mought have been sure to have had all thingâ— well weighed and truly informed And therefore it should have been far from M. L. to have presumed to have put fâ—rth his Hand to so high and tender a Businesse which was not to be touched but by Employed Hands Thirdly I note to your Lordships that this Infusion of a Slander into a Kings Ear is of all Formes of Libells and Slanders the worst It is true that Kingâ— may keep secret their Informations and then no Man ought to enquire after them while they are shrined in their Breast But where a King is pleased that a Man shall answer for his false Information There I say the false Information to a King â—xceeds in Offence the false Information of any other kind Being a kind since we are in matter of Poyson of Impoysonment of a Kings Ear. And thus much for the Offence of M. L. For the Offence of S. W. and H. I. which I said was in consort it was shortly this At the â—ime and Place of the Execution of Weston To â—upplant his Christian Resolution and to Scandalâ—zeâ—he â—he Iustice already past perhapâ— to cut off the thred of thâ—tâ— which is to come These Gentlemen with others came mounted on Horseback And in a Ruffling and Facing manner put themselves forward to re-examine Weston upon Questions And what Questions Directly crosse to that that had been tryed and judged For what was the point tried That Weston had poysoned Overbury What was S. W. Question Whether Weston did poyson Ovâ—rbury or no A Contradictory directly Weston answered only that he did him wrong And turning to the Sheriffe said You promised me I
and Treaties of Intercourse with Forrain Nations I touched them before In these Points of the straight and more inward Vnion there will interveyn one principall Diffiâ—ulty and Impediment growing from that Root which Aristotle in his Politicks maketh to be the Root of all Division and Dissention in Common Wealths And that is Equality and Inequality For the Realm of Scotland is now an Ancient and Noble Realm substantive of it self But when this Island shall be made Britain then Scotland is no more to be considered as Scotland but as a part of Britain No more then England is to be considered as England but as a part likewiâ—e of Britain And consequently neither of these are to be considered as Things entire of themselves but in the Proportion that they bear to the Whole And therefore let us imagine Nam id Mente Possumus quod actu non Possumus that Britain had never been divided but had ever been one Kingdome Then that part of Soyl or Territory which is comprehended under the Name of Scotland is in quantity as I have heard it esteemed how truly I know not Not past a third paâ—t of â—ritain And that part of Soyl or Territory which is comprehended under the Name of England is two parts of Britain Leaving to speak of any Difference of Wealth or Population and speaking onely of Quantity So then if for Example Scotland should bring to Parliament as much Nobility as England then a Third part should countervail two parts Nam si Inaequalibus aequalia addas omnia erunt â—naequalia And this I protest before God and your Majesty I do speak not as a Man born in England but as a Man born in Britain And therefore to descend to the particulars For the Parliaments the Consideration of that Point will fall into four Questions 1. The first what proportion shall be kept between the Votes of England and the Votes of Scotland 2. The Second touching the Manner of Proposition or possessing of the Parliament of Causes there to be handled Which in England is used to be done immediaâ—ly by any Member of the Parliament or by the Prolocutor And in Scotland is used to be done immediatly by the Lords of the Articles Whereof the one Form seemeth to have more Liberty and the other more Grâ—vity and Maturity And therefore the Question will be whether of these shall yield to other Or whether there should not be a Mixture of both by some Commissions precedent to every Parliament in the Nature of Lords of the Articles And yet not Excluding the Liberty of propounding in full Parliament afterwards 3. The Third touching the Orders of Parliament how they may be compounded and the best of either taken 4. The Fourth how those which by Inheritance or otherwise have Offices of Honour and Ceremony in both the Parliaments as the Lord Steward with us c. may be satisfied and Duplicity accommodated For the Councells of Estate while the Kingdomes stand divided it should seem necessary to continue severall Councells But if your Majâ—styâ— should proceed to a strict Vnion then howsoever your Majesty may establish some Provinciall Councells in Scotland as there is here of Yorke and in the Marches of Wales Yet the Question will be whether it will not be more convenient for your Majesty to have but one Trivy Councell about your Person Whereof the Principall officers of the Crown of Scotland to be for Dignity sake howsoever their Abiding and Remaining may be as your Majesty shall imploy their Service But this Point belongeth meerely and wholy to your Majesties Royall Will and Pleasure For the Officers of the Crown the Consideration thereof will fall into these Questions First in regard of the Latitude of your Kingdom and the Distance of Place whether it will not be Matter of necessity to continue the severall Officers because of the Impossibility for the service to be performed by one The Second admitting the Duplicity of Officers should be continued yet whether there should not be a Difference that one should be the Principall Officer and the other to be but Speciall and Subalterne As for example one to be Chancellour of Britain and the other to be Chancellour with some speciall Addition As here of the Dutchy c. The Third if no such specialty or Inferiority be thought fit then whether both Officers should not have the Tiâ—le and the Name of the whole Island and Precincts As the Lord Chanceller of England to be Lord Chanceller of Britain And the Lord Châ—nceller of Scotland to be Lord Chanceller of Britain But with severall proviso's that they shall not intromit themselves but within their severall precincts For the Nobilities the Consideration thereof will fall into these Questions The First of their Votes in Parliament which was touched before what proportion they shall bear to the Nobility of England Wherein if the Proportion which shall be thought â—it be not full yet your Majesty may out of your Prerogative supply it For although you cannot make fewer of Scotland yet you may make more of England The Second is touching the Place and Precedence wherein to marshall them according to the Precedence of England in your Majesties Stile And according to the Nobility of Ireland That is all English Earles first and then Scottish will be thought unequall for Scotland To marshall them according to Antiquity will be thought unequall for England Because I hear their Nobility is generally more ancient And therefore the Question will be whether the indifferentest way were not to take them enterchangeably As for Example First the Ancient Earl of England And then the Ancient Earl of Scotland And so Alternis Vicibus For the Lawes to make an intire and perfect Vnion it is a Matter of great Difficulty and Length Both in the Collecting of them and in the Passing of them For first as to the Collecting of them there must be made By the Lawyers of either Nation a Disgest under Titles of their severall Lawes and Customesâ— Aswell Common Lawes as Staâ—utes That they may be Collated and Compared And that the Diversities may appear and be discerned of And for the Passing of them we see by expeâ—rience that Patrius Mos is dear to all men And that Men are bred and nourished up in the Love of it And therefore how harsh Changes and Innovations are And we see likewise what Disputation and Argument the Alteration of some one Law doth cause and bring forth How much more the Alteration of the whole Corps of the Law Therefore the first Question will be whether it be not good to proceed by parts and to take that that is most necessary and leave the rest to Time The Parts therâ—fore or Subject of Lawes are for this purpose fitliest distributed according to that ordinary Division of Criminall and Civill And those of Criminall Causes into Capitall and Penall The Second Question therefore is Allowing the Generall Vnion of Lawes to
Happiness I rest A Letter to Sir George Carey in France upon sending him his Writing In Felicem Memoriam Elizabethae My very good Lord BEing asked the Question by this Bearer an old Servant of my Brother Anthony Bacons whether I would command him any thing into France And being at better leisure than I would in regard of Sickness I began to remember that neither your Business nor mine though great and continual can be upon an an exact account any just Occasion why so much good will as hath passed between us should be so much discontinued as hath been And therefore because one must begin I thought to provoke your Remembrance of me by a Letter And thinking to fit it with somewhat besides Salutations it came to my Minde that this last Summer Vacation by occasion of a Factious Book that endeavoured to verefy Misera â—emina The Addition of the Popes Bull upon Queen Elizabeth I did write a few Lines in her Memorial which I thought you would be pleased to read both for the Argument And because you were wont to bear Affection to my Penn. Verum ut aliud ex alio if it came handsomly to pass I would be glad the President de Thou who hath written an History as you know of that Fame and Diligence saw it Chiefly because I know not whether it may not serve him for some use in his Story wherein I would be glad he did right to the Truth and to the Memory of that Lady as I perceive by that he hath already written he is well enclined to doe I would be glad also it were some Occasion such as Absence may permit of some Acquaintance or mutual Noticeâ— between us For though he hath many wayes the precedence chiefly in worth yet this is common to us both that we serve our Soâ—eraigns in places of Law eminent And not our Selves onely but our Fathers did so before us And lastly that both of us love Learning and Liberal Sciences which was ever a Bond of Friendship in the greatest Distance of Places But of this I make no further Request than your Occasions and Respects to me unknown may further or limit My Principal Purpose being to salute you and to send you this Token Whereunto I will add my very kinde Commendations to my Lady And so commit you both to Gods Holy Protection A Letter to my Lord Mayour upon a Proceeding in a Private Cause MY very good Lord I did little expect when I left your Lordship last that there would have been a Proceeding against Mr. Barnard to his Overthrow Wherein I must confess my Self to be in a sort Accessary Because he relying upon me for Counsel I advised that Course which he followed Wherein now I begin to question my self whether in preserving my Respects unto your Lordship and the Rest I have not failed in the Duty of my Profession towards my Client For certainly if the words had been hainous and spoken in a malicious fashion and in some publick place and well proved And not a Prattle in a Tavern caught hold of by one who as I hear is a detected Sycophant Standish I mean yet I know not what could have been done more than to impose upon him a grievous Fine And to require the Levying of the same And to Take away his means of Life by his Disfranchisement And to commit him to a Defamed Prison during Christmass In Honour whereof the Prisoners in other Courts doe commonly of grace obtain some Enlargement This Rigor of Proceeding to tell your Lordship and the rest as my good Friends my Opinion plainly tendeth not to strengthen Authority which is best supported by Love and Fear intermixed But rather to make People discontented and Servile especially when such Punishment is inflicted for words not by Rule of Law but by a Iurisdiction of Discretion which would evermore be moderately used And I pray God whereas Mr. Recorder when I was with you did well and wisely put you in mind of the Admonitions you often received from my Lords that you should bridle unruly Tongues That those kind of Speeches and Rumours whereunto those Admonitions doe referr which are concerning the State and Honour thereof doe not pass too licentiously in the City unpunished while these Words which concern your particular are so straightly enquired into and punished with such Extremiy But these Things your own wisdom first or last will best represent unto you My writing unto you at this time is to the end that howsoever I doe take it somewhat unkindly that my Mediation prevailed no more yet I might preserve that further Respect that I am willing to use unto such a State in delivering my Opinion unto you freely before I would be of Counsel or move any thing that should cross your Proceedings which notwithstanding in case my Client can receive no Relief at your hands I must and will doe Continuing nevertheless in other Things my wonted good Affection to your Selves and your Occasions A Letter to my Lord Treasurer Salisbury upon a New-years Tide It may please your good Lordship I Would Entreat the New year to answâ—r for the Old in my humble Thanks to your Lordship Both for many your Favours and chiefly that upon the Occasion of Mr. Atturneys Infirmity I found your Lordship even as I could wish This doth encrease a desire in me to express my Thankfull minde to your Lordship Hoping that though I finde Age and Decayes grow upon me yet I may have a Flash or two of Spirit left to doe you Service And I doe protest before God without Complement or any light Vanity of Minde that if I knew in what Course of Life to doe you best Service I would take it and make my Thoughts which now fly to many Pieces to be reduced to that Center But all this is no more than I am which is not much But yet the Entire of him that is c. A Letter to his Majesty concerning Peachams Cause January 21. 1614. It may please your Excellent Majesty IT grieveth me exceedingly that your Majesty should be so much troubled with this Matter of Peacham whose Raging Devil seemeth to be turn'd into a Dumb Devil But although we are driven to make our way through Questions which I wish were otherwise yet I hope well the End will be good But then every Man must put too his Helping Hand For else I must say to your Majesty in this and the like Cases as St. Paul said to the Centurion when some of the Mariners had an Eye to the Cock-boat Except these stay in the Ship ye cannot be safe I finde in my Lords great and worthy Care of the Business And for my part I hold my Opinion and am strengthned in it by some Records that I have found God preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter to the King touching Peachams Cause January 27. 1614. It may please your excellent Majesty THis Day
within the last Division agreeable to divers presidents whereof I had the Records ready And concluded that your Majesties Safety and Life and Authority was thus by Law inscansed and quartered And that it was in vain to fortify on Three of the sides and so leave you open on the Fourth It is true he heard me in a grave fashion more than accustomed and took a Pen and took notes of my Divisions And when he read the Presidents and Records would say This you mean falleth within your first or your second Division In the end I expresly demanded his Opinion as that whereto both he and I was enjoyned But he desired me to leave the Presidents with him that he might advise upon them I told him the rest of my Fellows would dispatch their part and I should be behinde with mine which I perswaded my Self your Majesty would impute rather to his Backwardness than my Negligence He said as soon as I should understand that the rest were ready he would not be long after with his Opinion For I. S. your Majesty knoweth the day draweth on And my Lord Chancellers Recovery the Season and his Age promising not to be too hasty I spake with him on Sunday at what time I found him in Bed but his Spirits strong and not spent or wearied And spake wholly of your Business leading me from one Matter to another And wished and seemed to hope that hee might attend the day for I. S. and it were as he said to be his last work to conclude his Services and express his Affection towards your Majesty I presumed to say to him that I knew your Majesty would be exceeding desirous of his being present that day so as that it mought be without prejudice to his continuance But that otherwise your Majestie esteemed a Servant more than a Service especially such a Servant Surely in mine Opinion your Majesty were better put off the dayâ— than want his presence considering the Cause of the putting off is so notorioâ—s And then the Capital and the Criminal may come together the next Term. I have not been unprofitable in helping to discover and examine within these few dayes a late Patent by Surreption obtained from your Majesty of the greatest Forest in England worth 30000 l. under Colour of a Defective Title for a matter of 400 l. The Person must be named because the Patent must be questioned It is a great Person my Lord of Shrewsbury Or rather as I think a greater than he which is my Lady of Shrewsbury But I humbly pray your Majesty to know this first from my Lord Treasurer who methinks groweth even studious in your Business God preserve your Majesty Your Majesties most humble and devoted Subject and Servant The rather in regard of Mr. Murray's Absence I humbly pray your Majesty to have a little regard to this Letter A Letter to the King touching my Lord Chancellers Amendment and the putting off of J. S. his Cause February 7. 1614. It may please your excellent Majesty MY Lord Chanceller sent for me to speak with me this Morning about 8. of the clock I perceive he hath now that Signum Sanitatis as to feel better his former weakness For it is true I did a little mistrust that it was but a Boutade of Desire and good Spirit when he promised himself strength for Friday though I was wonn and carried with it But now I finde him well inclined to use should I say your Liberty or rather your Interdict signifyed by Mr. Secretary from your Majesty His Lordship shewed me also your own Letter whereof he had told me before but had not shewed it me What shall I say I doe much admire your Goodness for writing such a Letter at such a time He had sent also to my Lord Treasurer to desire him to come to him about that time His Lordship came And not to trouble your Majesty with circumstances both their Lordships concluded my Self present and concurring That it could be no prejudice to your Majesties Service to put off the day for I. S. till the next Term. The rather because there are Seven of your Privy Council which are at least Numerus and part of the Court which are by Infirmity like to be absent That is my Lord Chanceller my Lord Admiral my Lord of Shrewsbury my Lord of Exceter my Lord Zouch my Lord Stanhope and Mr. Chanceller of the Dutchy wherefore they agreed to hold a Council too morrow in the afternoon for that purpose It is true that I was alwayes of Opinion that it was no time lost And I doe think so the rather because I could be content that the Matter of Peacham were first setled and put to a point For there be perchance that would make the Example upon I.S. to stand for all For Peacham I expect some account from my Fellows this day If it should fall out otherwise then I hope it may not be left so Your Majesty in your last Letter very wisely put in a Disjunctive that the Iudges should deliver an Opinion privately either to my Lord Chanceller or to our Selves distributed His Sickness made the later way to be taken But the other may be reserved with some Accommodating when we see the success of the Former I am appointed this day to attend my Lord Treasurer for a Proposition of Raising Profit and Revenew by Infranchising Copyholders I am right glad to see the Patrimonial part of your Revenew well look'd into as well as the Fiscal And I hope it will so be in other parts as well as this God preserve your Majestie Your Majesties most humble and devoted Subject and Servant A Letter to the King of account of Owens Cause c. 11 February 1614. It may please your excellent Majesty MY Self with the rest of your Counsel Learned confered with my Lord Cooke and the rest of the Iudges of the Kings Bench onely being met at my Lords Chamber concerning the business of Owen For although it be true that your Maiesty in your Letter did mention that the same Course might be held in the Taking of Opinions apart in this which was prescribed and used in Peachams Cause yet both my Lords of the Council and we amongst our Selves holding it in a Case so clear not needfull But rathat it would import a diffidence in us and deprive us of the means to debate it with the Iudges if cause were more strongly which is somewhat we thought best rather to use this Form The Iudges desired us to leave the Examinations and Papers with them for some little time to consider which is a thing they use But I conceive there will be no manner of Question made of it My Lord Chief Iustice to shew forwardness as I interpret it shewed us passages of Suarez and others thereby to prove that though your Majesty stood not Excommunicate by particular Sentence yet by the General Bulls of Coena Domini and others you were upon the matter Excommunicate And
at last it came to that Modell in which it was committed to the Presse As many Living Creatures do lick their young ones till they bring them to their strength of Limms In the Composâ—ng of his Books he did rather drive at a Masculine and clear Expression than at any Finenes or Affectation of Phrases And would often ask if the Meaning were expressed plainly enough As being one that aâ—counted words to be but subservient or Ministeriall to Matter And not the Principall And if his Stile were Polite it was because he could do no otherwise Neither was he given to any Light Conceits Or Descanting upon Words But did ever purposely and industriously avoyd them For he held such Things to be but Digressions or Diversions from the Scope intended And to derogate from the Weight and Dignity of the Stile He was no Plodder upon Books Though he read much And that with great Iudgement and Rejection of Impertinences incident to many Authours For he would ever interlace a Moderate Relaxation of His Minde with his Studies As Walking Or Taking the Aire abroad in his Coach or some other befitâ—ing Recreation And yet he would loose no Time In as much as upon his First and Immediate Return he would fall to Reading again And so suffer no Moment of Time to Slip from him without some present Improvement His Meales â—ere Refections of the Eare as well as of the Stomack Like the Noctes Atticae or Convivia Deipno-Sophistarum Wherein a Man might be refreshed in his Minde and understanding no lesse then in his Body And I have known some of no mean Parts that have professed to make use of their Note-Books when they have risen from his Table In which Conversations and otherwise he was no Dashing Man As some Men are But ever a Countenancer and Fosterer of another Mans Parts Neither was he one that would appropriate the Speech wholy to Himself or delight to out-vie others But leave a Liberty to the Co-Assessours to take their Turns Wherein he would draw a Man on and allure him to speak upon such a Subject as wherein he was peculiarly Skilfull and would delight to speak And for Himself he contemned no Mans Observations But would light his Torch at every Mans Candle His Opinions and Assertions were for the most part Binding And not contradicted by any Rather like Oracles then Discourses Which may be imputed either to the well weighing of his Sentence by the Skales of Truth and Reason Or else to the Reverence and Estimation wherein he was commonly had that no Man would contest with himâ— So that there was no Argumentation or Pro and Con as they term it at his Table Or if their chanced to be any it was Carried with much Submission and Moderation I have often observed And so have other Men of great Account That if he had occasion to repeat another Mans Words after him he had an use and Faculty to dresse them in better Vestments and Apparell then they had before So that the Authour should finde his own Speech much amended And yet the Substance of it still retained As if it had been Naturall to him to use good Forms As Ovid spake of his Faculty of Versifying Et quod tentabam Scribere Versus erat When his Office called him as he was of the Kings Counsell Learned to charge any Offenders either in Criminals or Capitals He was never of an Insulting or Domineering Nature over them But alwayes tender Hearted and carrying himself decently towards the Parties Though it was his Duty to charge them home But yet as one that looked upon the Example with the Eye of Severity But upon the Person with the Eye of Pitty and Compassion And in Civill Businesse as he was Counseller of Estate he had the best way of Advising Not engaging his Master in any Precipitate or grievous Courses But in Moderate and Fair Proceedings The King whom he served giving him this Testimony That he ever dealt in Businesse Suavibus Modis Which was the way that was most according to his own Heart Neither was He in his time lesse Gracious with the Subject then with his Soveraign He was ever Acceptable to the House of Commons when He was a Member thereof Being the Kings Atturney chosen to a place in Parliament He was allowed and dispensed with to sit in the House which was not permitted to other Atturneys And as he was a good Servant to his Master Being never in 19. years Service as himself averred rebuked by the King for any Thing relating to his Majesty So he was a good Master to his Servants And rewarded their long Attendance with good Places freely when they fell into his Power Which was the Cause that so many young Gentlemen of Bloud and Quality Sought to list themselves in his Retinew And if he were abused by any of them in their Places It was onely the Errour of the Goodnesse of his Nature But the Badges of their Indiscretions and Intemperances This Lord was Religious For though the World be apt to suspect and prejudge Great Wits and Politicks to have somewhat of the Atheist Yet he was conversant with God As appeareth by severall Passages throughout the whole Current of his Writings Otherwise he should have crossed his own Principles which were That a little Philosophy maketh Men apt to forget God As attributing too much to Second Causes But Depth of Philosophy bringeth a Man back to God again Now I am sure there is no Man that will deny him or account otherwise of him but to have been a deep Philosopher And not onely so But he was able to render a Reason of the Hope which was in him Which that Writing of his of the Confession of the Faith doth abundantly testifie He repaired frequently when his Health would permit him to the Service of the Church To hear Sermons To the Administration of the Sacrament of the Blessed Body and Bloud of Christ And died in the true Faith established in the Church of England This is most true He was free from Malice which as he said Himself He never bred nor fed He was no Revenger of Injuries which if he had minded he had both Opportunity and Place High enough to have done it He was no Heaver of Men out of their Places As delighting in their Ruine and Undoing He was no Defamer of any Man to his Prince One Day when a great States-Man was newly Dead That had not been his Friend The King asked him What he thought of that Lord which was gone He answered That he would never have made his Majesties Estate better But he was sure he would have kept it from being wâ—rse Which was the worst he would say of him Which I reckon not amongst his Morall but his Christian Vertues His Fame is greater and sounds louder in Forraign Parts abroad then at home in his own Nation Thereby verifying that Divine Sentence A Prophet is not without Honour save in his own
Attractive to the Ambition of the Couucel of Spain who by former experience know of how tough a Complexion this Realm of England is to be asâ—ailed And therefore as Rheumes and Fluxes of Humours is like to resort to that part which is weak and distempered And lastly it is famous now and so will be many Ages hence how by these two Sea-Journey's we have braved him and objected him to scorn so that no Bloud can be so frozen or mortified But must needs take Flames of Revenge upon so mighty Disgrace So as this Concurrence of Occurents all since our last Assembly some to deliver and free our enemies some to advance and bring him on his way some to tempt and allure him some to spur on and provoke him cannot but threaten an encrease of our Perill in great Proportion Lastly Mr. Speaker I will but reduce to the Memory of this House one other Argument for ample and large providing and supplying Treasure And this it is I see Men do with great Alacrity and Spirit proceed when they have obtained a course they long wished for and were restrained from My self can remember both in this Honourable â—ssembly and in all other places of this Realm how forward and affectionate men were to have an Invasive War Then we would say A Defensive War was like eating and consuming Interest And needs we would be Adventurers and Assailants Habes quod totâ mente petisti Shall we not now make it good especially when we have tasted so prosperous Fruit of our Desires The first of these Expeditions Invasive was atchieved with great Felicity ravished a strong and famous Port in the Lap and Bosome of their high Countries Brought them to such Despair as they fired themselves and their Indian Fleet in Sacrifice as a good Odour unto God for the great and Barbarous Cruelties which they have committed upon the poor Indians whither that Fleet was sayling Disordred their Reckonings so as the next News we heard of was nothing but protesting of Bills and Breaking credit The second Journey was with notable Resolution born up against Weather and all Difficulties And besides the success in amusing him and putting him to infinite charge sure I am it was like a Tartars or Parthians Bow which shooteth backward And had a most strong and violent effect and Operation both in France and Flaunders so that our Neighbours and Confederates have reaped the Harvest of it And while the Life Bloud of Spain went inward to the Heart the outward Limmes and Members trembled and could not resist And lastly we have a perfect account of all the Noble and good Bloud that was carried forth And of all our Sea-walls and good Shipping without Mortality of Persons wreck of Vessels or any manner of Diminution And these have been the happy Effects of our so long and so much desired Invasive War To conclude Mr. Speaker therefore I doubt not but every Man will consent that our Gift must bear these two Marks and Badges The one of the Danger of the Realm by so great a Proportion since the last Parliament encreased The other of the satisfaction we receive in having obtained our so earnest and ardent Desire of an Invasive War A Speech made by Sir FRANCIS BACON Knight chosen by the Commons to present a Petition touching Purveyors delivered to his Majesty in the with-drawing Chamber at White-Hall in the Parliament held â—o. 2o. Iacobi the first Session IT is well known to your Majesty excellent King that the Emperours of Rome for their better Glory and Ornament did use in their Titles the Additions of the Countries and Nations where they had obtained victories As Germanicus Britannicus the like But after all those Names as in the higher place followed the Name of Pater Patriae as the greatest Name of all human Honour immediatly preceding that Name of Augustus whereby they took themselves to expresse some Affinity that they had in respect of their Office with Divine Honour Your Majesty mought with good reason assume to your self many of those other Names As Germanicus Saxonicus Britannicus Francicus Danicus Gothicus and others as appertaining to you Not by Bloud-shed as they bare them but by Bloud your Majesties Royall Person being a noble confluence of streams and veynes wherein the Royall Bloud of many Kingdoms of Europe are met and united But no Name is more worthy of you nor may more truly be ascribed unto you then that Name of Father of your people which you bear and express not in the Formality of your stile but in the reall Course of your Government We ought not to say unto you as was said to Caesar Iulius Quae miremur habemus quaelaudemus expectamus That we have already wherefore to admire you And that now we expect somewhat for which to commend you For we may without suspicion of Flattery acknowledge that we have found in your Majesty great Cause both of Admiration and Commendation For great is the Admiration wherewith you have possessed us since this Parliament began in those two Causes wherein we have had accesse unto you and heard your Voice That of the return of Sr. Francis Goodwine And that of the Union Whereby it seemeth unto us The one of these being so subtile a Question of Law And the other so high a Cause of Estate That as the â—cripture â—aith of the wisest King That his Heart was as the Sands of the Sea which though it be one of the largest and vastest Bodies yet it consisteth of the smallest Moates and Portions So I say it appeareth unto us in these two examples that God hath given your Majesty a rare sufficiency both to compasse and fathome the greatest matters and to discern the least And for matter of Praise and Commendation which chiefly belongeth to Goodness we cannot but with great thankfulness profess That your Majesty within the Circle of one Year of your Raign infra Orbem Anni Vertentis hath endeavoured to unite your Church which was divided To supply your Nobility which was diminished And to ease your People in Cases where they were burthened and oppressed In the last of these your high Merits That is the Ease and Comfort of your People Doth fall out to be comprehended the Message which I now bring unto your Majestie concerning the great Grievance arising by the manifold Abuses of â—urveyors Differing in some Degree from most of the things wherein we deale and consult For it is true that the Knights Citizens and â—urgesses in Parliament assembled are a Representative Body of your Commons and Third Estate And in many matters although we apply our selves to perform the trust of those that choose us yet it may be we do speak much out of our own Senses and Discourses But in this Grievance being of that Nature whereunto the poor People is most exposed and Men of Quality less we shall most humbly desire your Majesty to conceive That your Majesty doth not hear our Opinions
The Reason of Estate is That any Restriction of the Ante-Nati is Temporary And expireth with this Generation But if you you make it in the Post-Nati also you do but in substance pen a perpetuity of Separation Mr. Speaker in this point I have been short because I little expected this Doubt as to point of Convenience And therefore will not much labour where I suppose there is no greater Opposition A Report made by Sir Francis Bacon Knight in the House of Commons of a Speech delivered by the Earl of Salisbury And another Speech delivered by the Earl of Northampton at a Conference concerning the Petition of the Merchauts upon the Spanish griâ—vances Parliament 5o. Jacobi ANd it please you Mr. Speaker I do not find my self any wayes bound to report that which passed at the last conference touching the Spanish Grievances Having been neither employed to speak nor appointed to Report in that Cause But because it is put upon me by a silent Expectation grounded upon nothing that I know more then that I was observed diligently to take notes I am content if that Provision which I made for mine own Remembrance may serve this House for a Report not to deny you that Sheafe that I have in hast bound up It is true that one of his Majesties Principall Counsellours in Causes of Estate did use a Speach that contained a World of Matter But how I shall be able to make a Globe of that World therein I fear mine own strength His Lordship took the occasion of this which I shall now report upon the Answer which was by us made to the Amendments propounded upon the Bill of Hostile Lawes Quitting that Business with these few words That he would discharge our Expectation of Reply because their Lordships had no Warrant to Dispute Then continuing his Speach he fell into this other Cause and said That being now to make Answer to a proposition of ours as we had done to one of theirs he wished it could be passed over with like Brevity But he did foresee his way that it would prove not onely long but likewise hard to find and hard to keep This Cause being so to be carried as above all no wrong be done to the Kings Soveraignty and Authority And in second place no Misunderstanding do ensue between the two Houses And therefore that he hoped his words should receive a benign Interpretation Knowing well that pursuit and Drift of Speech and multitude of Matter might breed words to pass from him beyond the Compass of his Intention And therfore he placed more Assurance and Caution in the Innocency of his own meaning and in the Experience of his Favours then in any his Wariness or Watchfulness over his own Speech This respective preface used his Lordship descended to the Matter it self which he divided into three Considerations For he said he would consider of the Petition First as it proceeded from the Merchants Secondly as from them it was offered to the Lower House And thirdly as from the Lower House it was recommended to the Higher House In the First of these Conâ—iderations there fell out naturally a Subdivision into the Persons of the Petitioners And the Matter and Parts of the Petition In the Persons of the Merchants his Lordship made as I have collected them in number eight Observations whereof the three first respected the Generall Condition of Merchants And the five following were applyed to the particular Circumstances of the Merchants now complaining His Lordships first generall Observation was That Merchants were of two sorts The one sought their Fortunes as the verse saith per Saxa per Ignes And as it is said in the same place Extremos currit Mercator ad Indos Subjecting themselves to Wether and Tempest To Absence and as it were Exile out of their Native Countreys To Arrests in Entrances of War To Forrain Injustice and Rigour in times of Peace And many other Sufferances and Adventures But that there were others that took a more safe but a less generous Course in raising their Fortunes He taxed none but did attribute much more respect to the former The second Generall Observation which his Lordship made was That the Complaints of Merchants were usually â—ubject to much Errour In regard that they spake for the most part but upon Information And that carried through many Hands And of Matters done in Remote parts So as a false or factious Factour mought oftentimes make great Tragedies upon no great Ground Whereof towards the End of his Speech he brought an Instance of one trading the Levant That complained of an Arrest of his Ship And possessed the Counsell-Table with the same Complaint in a vehement and bitter fashion Desiring and pressing some present and Expostulatory Letters touching the same Whereupon some Counsellours well acquainted with the like Heates and Forwardness in Complaints happened to say to him Out of Conjecture and not out of any Intelligence What will you say if your Ship which you complain to be under Arrest be now under Sail in way homewards Which fell out accordingly The same Person confessing six dayes after to the Lords that she was indeed in her way homewards The third generall Observation which his Lordship made was this in Effect That although he granted that the Wealth and Welfare of the Merchant was not without a Sympathy with the generall Stock and State of a Nation especially an Island yet nevertheless it was a Thing too familiar with the Merchant to make the Case of his Particular Profit the publick Case of the Kingdom There follow the particular Observations which have a reference and application to the Merchants that trade to Spain and the Levant Wherein his Lordship did first honourably and tenderly acknowledge that their Grievances were great That they did multiply And that they do deserve compassion and help But yetâ— nevertheless that he must use that loving plainness to them as to tell them that in many things they were Authors of their own Miseries For since the Dissolving of the Company which was termed the Monopoly And was set free by the speciall Instance of this House There hath followed such a Confusion and Relaxation in Order and Government amongst them As they do not onely incur many Inconveniences And commit many Errours But in the pursuites of their own Remedies and suites they do it so impolitiquely and after such a Fashion As Except Legier Embassadours which are the Eyes of Kings in forrain Parts should leave their Centinell and become Merchants Factours and Sollicitours their Causes can hardly prosper And which is more such is now the Confusion in the Trade As Shop Keepers and Handy-Crafts-Men become Merchants there Who being bound to no Orders seek base means by Gifts and Bribery to procure favours at the Hands of Officers there So as the honest Merchant that trades like a substantiall Merchant And loves not to take Servile Courses to buy the Right due to him by the Amity oâ— the
the Exclusion of his Subjects from that Trade As a Prince that would not acknowledge that any such Right could grow to the Crown of Spain by the Donative of the Pope whose Authority he Disclaimeth Or by the Title of a dispersed and punctuall Occupation of certain Territories in the name of the rest But stood firm to reserve that point in full Question to further Times and occasions So as it is left by the Treaty in Suspence neither debarred nor permitted The Tenderness and Point of Honour whereof was such as they that went thither must run their own Perill Nay further his Lordship affirmed That if yet at this time his Majesty would descend to a Course of Entreaty for the release of the Arrests in those parts And so confess an Exclusion And quit the point of Honour his Majesty mought have them forthwith released And yet his Lordship added That the Offences and Scandalls of some had made this point worse then it was In regard that this very last Voyage to Virginia intended for Trade and Plantation Where the Spaniard hath no People nor Possession is already become inflamed for Pyracy Witness Bingley who first insinuating his purpose to be an Actour in that worthy Action of Enlarging Trade and Plantation is become a Pyrate And hath been so pursued as his Ship is taken in Ireland though his Person is not yet in hold For the Trade to the Levant His Lordship opened unto us that the Complaint consisted in effect but of two Particulars The one touching the Arrest of a Ship called the Triall in Sicely The other of a Ship called the Vineyard in Sardinia The First of which Arrests was upon pretence of Pyracy The Second upon pretence of carrying Ordnance and Powder to the Turk That Processe concerning the Triall hath been at the Merchants instance drawn to a Review in Spain which is a Favour of exceeding rare President Being directly against the Liberties Priviledges of Sicely That of the Vineyard notwithstanding it be of that nature as if it should be true tendeth to the great Dishonour of our Nation whereof Hold hath been already taken by the French Ambassadour residing at Constantinople Who entred into a Scandalous Expostulation with his Majesties Ambassadour there upon that and the like Transportations of Munition to the Turk yet neverthelesse there is an Answer given by Letters from the Kings Ambassadour Legier in Spain That there shall be some Course taken to give reasonable Contentment in that Cause as far as may be In both which Ships to speak truly the greatest Mass of loss may be included For the rest are mean in respect of the value of those two Vessels And thus much his Lordship Speech comprehended concerning the wrongs in Fact Concerning the Wrongs in Law That is to say the Rigour of the Spanish Lawes extended upon his Majesties Subjects that traffique thither his Lordship gave this Answer That they were no new Statutes or Edicts devised for our People or our Times But were the ancient Lawes of that Kingdome Suus cuique Mos. And therefore as Travellers must endure the Extremities of the Climate and Temper of the Air where they travell So Merchants must bear with the Extremities of the Lawes and Temper of the Estate where they trade Whereunto his Lordship added that our own Lawes here in England were not exempted from the like Complaints in Forrain Parts Especially in point of Marine Causes Depredations And that same swift Alteration of Property which is claimed by the Admiralty in case of Goods taken in Pyrates hands But that we were to understand thus much of the King of Spains Care and Regard of our Nation That he had written his Letters to all Corrigidors Officers of â—orts and other his Ministers Declaring his will and pleasure to have his Majesties Subjects used with all Freedome and Favour And with this Addition that they should have more Favour when it might be shewed then any other Which words howsoever the Effects prove are not suddainly to be requited with peremptory Resolutions till Time declare the direct Issue For the third Part of the Matter of the Petition which was the Remedy sought by Letters of Mart His Lordship seemed desirous to make us capable of the Inconvenience of that which was desired by setting before us two notable Exceptions thereunto The one that the Remedy was utterly incompetent and vain There other that it was dangerous and pernicious to our Merchants And in Consequence to the whole State For the weaknesse of the Remedy His Lordship wished us to enter into Consideration what the Remedy was which the Statute of Henry the fifth which was now sought to be put in Execution gave in this Case which was thus That the Party grieved should first complain to the Keeper of the private Seal And from him should take Letters unto the Party that had committed the Spoyl for Restitution And in default of Restitution to be made upon such Letters served Then to obtain of the Chanceller Letters of Mart or Reprisall which Circuit of Remedy promised nothing but endlesse and fruitless Delay In regard that the first Degree prescribed was never likely to be effected It being so wilde a Chace as to serve Processe upon the wrong-Doer in Forrain Parts Wherefore his Lordship said that it must be the Remedy of Statute that must do good in this case which useth to proceed by Certificats Attestations and other means of Information Not depending upon a privy Seal to be served upon the Party whom happily they must seek out in the West-Indies For the Danger of the Remedy His Lordship directed our Considerations to take notice of the proportions of the Merchants Goods in either Kingdome As that the Stock of Goods of the Spaniard which is within his Majesties Power and Distresse is a Trifle Whereas the Stock of English Goods in Spain is a Masse of mighty value So as if this Course of Letters of Mart should be taken to satisfie a few hot Pursuitours here All the Goods of the English Subjects in Spain shall be exposed to Seisure and Arrest And we have little or nothing in our Hands on this side to mend our selves upon And thus much Mr. Speaker is that which I have collected out of that excellent Speech concerning the First main part which was The Consideration of the Petition as it proceeded from the Merchant There followeth now the Second Part Considering the Petition as it was offered in this House Wherein his Lordship after an affectionate Commemoration of the Gravity Capacity and Duty which he generally found in the proceedings of this House desired us neverthelesse to consider with him how it was possible that the Entertaining of Petitions concerning private Injuries and of this Nature could avoid these three Inconveniencies The First of Injustice The Second of Derogation from his Majesties supreme and absolute Power of concluding Warre or Peace And the Third of some prejudice in reason of Estate For
come and take the Honour of taking the Town His Lordships last Reason was that it cast some aspersion upon his Majesty Implying as if the King slept out the Sobbs of his Subjects untill he was awaked with the Thunderbolt of a Parlaament But his Lordships Couclusion was very Noble Which was with a Protestation That what Civill Threats Contestation Art and Argument can do hath been used already to procure Remedy in this Cause And a Promise That if Reason of State did permit as their Lordships were ready to spend their Breath in the pleading of that we desire so they would be ready to spend their Blouds in the Execution thereof This was the Resolution of that which passed A Speech used to the King by his Majesties Solliciter being chosen by the Commons as their Mouth and Messenger for the presenting to his Majesty of the Instrument or Writing of their Grievances In the Parliament 7o. Jacobi MOst gracious Soveraign The Knights Cittizens and Burgesses assembled in Parliament in the House of your Commons in all humbleness do Exhibite and present unto your Sacred Majesty in their own Words though by my hand their Petitions and Grievances They are here conceived and set down in writing According to ancient Custome of Parliament They are also prefaced according to the Manner and Tast of these later Times Therefore for me to make any Additionall Preface were neither warranted nor convenient Especially speaking before a King The Exactness of whose Judgement ought to scatter and chase away all unnecessary Speech as the Sun doth a Vapour This onely I must say Since this Session of Parliament we have seen your Glory in the Solemnity of the Creation of this most Noble Prince We have heard your Wisdome in sundry excellent Speeches which you have delivered amongst us Now we hope to find and feel the Effects of your Goodness in your Gracious Answer to these our Petitions For this we are perswaded that the Attribute which was given by one of the wisest Writers to Two of the best Emperours Divus Nerva Divus Traianus So saith Tacitus Res olim insociabiles miscuerunt Imperium Libertatem May be truly applyed to your Majesty For never was there such a Conservatour of Regality in a Crown Nor never such a Protectour of lawfull Freedome in a Subject Onely this Excellent Soveraign Let not the sound of Grievances though it be sad seem harsh to your Princely Eares It is but Gemitus Columbae The Mourning of a Dove With that Patience and Humility of Heart which appertaineth to loving and Loyall Subjects And far be it from us But that in the midst of the Sense of our Grievances we should remember and acknowledge the infinite Benefits which by your Majesty next under God we do enjoy Which bind us to wish unto your life Fulness of Dayes And unto your Line Royall a Succession and Continuance even unto the worlds end It resteth that unto these Petitions here included I do adde one more that goeth to them all Which is That if in the words and frame of them there be any Thing offensive Or that we have expressed our Selves otherwise then we should or would That your Majesty would cover it and cast the Vaile of your Grace upon it And accept of our good Intentions And help them by your benign Interpretation Lastly I am most humbly to crave a particular pardon for my self that have used these few words And scarcely should have been able to have used any at all in respect of the Reverence which I bear to your Person and Judgement had I not been somewhat relieved and comforted by the Experience which in my Service aâ—d Accesse I have had of your continuall Grace and Favour A Speech of the Kings Sollicitour used unto the Lords at a Conference by Commission from the Commons Moving and perswading the Lords to joyn with the Commons in Petâ—tion to the King To obtain Liberty to treat of a Composition with his Majesty for Wards and Tenures In the Parliament 7o. Jacobi THe Knights Cittizens and Burgesses of the House of Commons have commanded me to deliver to your Lordships the Cauâ—es of the Conference by them prayed and by your Lordships assented for the second Business of this Day They have had Report made unto them faithfully of his Majesties Answer declared by My L. Treasurer touching their humble Desire to obtain Liberty from his Majestyâ— to treat of compounding for Tenures And first they think themselves much bound unto his Majesty That in Renovâ in which case Princes use to be apprehensive he hath made a gracious Construction of their Proposition And so much they know of that that belongs to the Greatness of his Majesty and the Greatness of the Cause As themselves acknowledge they ought not to have expected a present Resolution Though the Wise-Man saith Hope deferred is the Fainting of the Soul But they know their Duty to be to attend his Majesties Times at his good pleasure And they do it with the more comfort because in that his Majesties Answer Matching the Times aad weighing the Passages thereof they conceive in their Opinion rather Hope then Discouragement But the principall Causes of the Conference now prayed Besides these significations of Duty not to be omitted Are two Propositions The one Matter of Excuse of themselves The other Matter of Petition The former of which growes thus Your Lordship my L. Threasurer in your last declaration of his Majesties Anâ—wer which according to the Attribute then given unto it had Imaginem Caesaris fair and lively graven made this true and effectuall Distribution That there depended upon Tenures Considerations of Honour of Conscience And of Vtility Of these three Vtility as his Majesty set it by for the present out of the Greatness of his Mind So we set it by out of the Justnesse of our Desires For we never ment but a goodly and worthy Augmentation of the Profit now received and not a Diminution But to speak truly that Consideration falleth naturally to be examined when Liberty of Treaty is granted But the former Two indeed may exclude Treaty And cut it off before it be admitted Nevertheless in this that we shall say concerning those Two We desire to be conceived rightly We mean not to dispute with his Majesty what belongeth to Soveraign Honour or his Princely Conscience Because we know we are not capable to discern them Otherwise then as Men use sometimes to see the Image of the Sun in a Pail of Water But this we say for our selves God forbid that we knowingly should have propounded any thing that mought in our Sense and perswasion touch either of both And therefore herâ—in we desire to be heard not to enform or perswade his Majesty but to fâ—ee and excuse our selves And first in generall we acknowledge that this Tree of Tenures was Planted into the Prerogative by the ancient common Law of this Land That it hath been Fenced in and Preserved by many Statutes
And that it yieldeth at this day to the King the Fruit of a great Revenue But yet notwithstanding if upon the Stemme of this Tree may be raised a Pillar of support to the Crown Permanent and durable as the Marble by investing the Crown with a more ample more certain and more loving Dowry then this of Tenures we hope we propound no Matter of Disservice But to speak distinctly of both and first of Honour Wherein I pray your Lordships give me leave in a Subject that may seem supra Nos to handle it rather as we are capable then as the Matter perhaps may require Your Lordships well know the various Mixture and Composition of our House We have in our House learned Civilians that profess a Law that we reverence and sometimes consult wiâ—h They can tell us that all the Laws de Feodis are but Additionals to the Ancient Civill Law And that the Roman Emperours in the full Heigth of their Monarchy never knew them So that they are not Impâ—riall We have grave Professours of the Common Law who will define unto us that those are Parts of Soveraignty and of the Royall Prerogative which cannot be communicated with Subjects But for Tenures in substance there is none of your Lordships but have them And few of us but have them The King indeed hath a priority or first Service of his Tenures which shewes that they are not Regall nor any point of Soveraignty We have Gentlemen of honourable Service in the Wars both by Sea and Land Who can enform us that when it is in question who shall set his foot foremost towards the Enemy it is never asked whether he hold in Knights Service or in Socage So have we many Deputy Lievtenants to your Lordships And many Commissioners that have been for Musters and Levies That can tell us that the Service and Defence of the Realm hath in these dayes little dependance upon Tenures So then we perceive that it is no Bond or Ligament of Governmeâ—t No Spur of Honour No Bridle of Obedience Time was when it had other uses and the Name of Knights Service imports it But Vocabula manent Res fugiunt But all thiâ— which we have spoken we confess to be but in a vulgar Capacity which nevertheless may serve for our Excuse Though we submit the Thing it self wholy to his Majesties Judgement For Matter of Conscience Far be it from us to cast in any Thing willingly that may trouble that clear Fountain of his Majesties conscience We do confess it is a noble Protection that these young Birds of the Nobility and good Families should be gaâ—hered and clocked under the wings of the Crown But yet Natuâ—rae vis maxima And suus cuique discretus sanguis Your Lordships wilâ—â—avour me to observe my former Methode The Common Law it self which is the best Bounds of our wisdom doth even in hoc Individuo prefer the prerogative of the Father before the prerogative of the King For if Lands descend held in chief from an Ancestour on the part of a Mother to a Mans eldest Son the Father being alive The Father shall have the Custody of the Body and not the King It is true that this is only for the Father And not any other Parent or Ancestour But then if you look to the high Law of Tutelage and Protection And of Obedience and Duty which is the Relative thereunto It is not said Honour thy Father alone But Honour thy Father and thy Mother c. Again the Civilians can tell us that there was a speciall Use of the Pretorian Power for Pupills and yet no Tenures The Citizens of London can tell us There be Courts of Orphants and yet no Tenures But all this while we pray your Lordships to conceive That we think our selves not competent to discern of the Honour of his Majesties Crown or the Shrine of his Conscience But leave it wholy unto him and alledge these things but in our own Excuse For Matter of Petition we do continue our most humble suit by your Lordships loving Conjunction that his Majesty will be pleaseâ— to open unto us this entrance of his Bounty and Grace As to give us liberty to treat And lastly we know his Majestieâ— Times are not subordinate at all but to the Globe above About this time the Sun hath got even with the Night and will rise apace And we know Solomons Temple whereof your Lordship my Lord Treasurer spake was not built in a day And if We shall be so happy as to take the Axe to hew and the Hammer to frame in this Case We know it cannot be without Time And therefore as far as we may with Duty and without Importunity we most humbly deâ—ire an Acceleration of his Majesties Answer according to his good time and Royall Pleasure A Speech of the Kings Sollicitor perswading the House of Commons to desist from further Question of receiving the Kings Messages by their Speaker And from the Body of the Councell As well as from the Kings Person In the Parliament 7o. Jac. IT is my Desire that if any the Kings Business either of Honour or Profit shall pass the House It may be not onely with externall prevailing But with satisfaction of the Inward Man For in Consent where Tongue strings not Hart-strings make the Musick That Harmony may end in Discord To this I shall alwayes bend my Endeavours The Kings Soveraignty and the Liberty of Parliament are as the two Elements and Principles of this Estate which though the one be more Active the other more Pasâ—ive yet they do not crosse or destroy the one the other But they strengthen and maintain the one the other Take away Liberty of Parliament the Griefes of the Subject will bleed inwards Sharp and Eager Humours will not evaporate And then they must exulcerate and so may indanger the Soveraignty it self On the other side if the Kings Soveraignty receive Diminution or any Degree of Contempt with usâ— that are born under an Hereditary Monarchy So as the Motions of our Estate cannot work in any other Frame or Engine It must follow that we shall be a Meteore or Corpus imperfectè mistum which kind of Bodies come speedily to Confusion and Dissolution And herein it is our Happinesse that we may make the same Judgement of the King which Tacitus made of Nerva Divus Nerva res olim Dissociabiles miscuit Imperium Libertatem Nerva did temper things that before were thought incompatible Soveraignty and Liberty And it is not amisâ—e in a great Councell and a great Cause to put the other part of the Difference which was significantly expressed by the Judgement which Apollonius made of Nero which was thus When Vespasian came out of Iudea towards Italy to receive the Empire As he passed by Alexandria he spake with Apollonius A Man much admired And asked him a Question of State What was Nero's Fall or overthrow Apollonius said Nero could tune the Harp well but in
upon the Kings that are the Vassals of Rome And over them gives it power But protecteth those Kings which have not accepted the Yoak of his Tyranny from the Effects of his Mallice The other that as I said at first this is a common Cause of Princes It involveth Kings of both Religions And therefore his Majesty did most worthily and prudently ring out the Alarum Bell to awaken all other Princes to think of it seriously and in Time But this is a miserable case the while That these Roman Souldiers do either thrust the Spear into the Side of Gods Annointed Or at least they Crown them with Thorns That is piercing and pricking Cares and Feares that they can never be quiet or secure of their Lives or States And as this Perill is common to Princes of both Religions So Princes of both Religions have been likewise equally sensible of every Injury that touch't their Temporall Thunaus reports in his Story That when the Realm of Fraunce was interdicted by the violent proceedings of Pope Iulius the 2d. the King Lewis the 12th otherwise noted for a Moderate Prince caused Coyns of Gold to be stamped with his own Image and this Superscription Perdam nomen Babylonis è terrâ And Thuanus saith Himself hath seen divers pieces thereof So as this Catholick King was so much incensed at that time in respect of the Popes Vsurpation As he did fore-run Luther in applying Babylon to Charlesâ—he â—he 5th Emperour who was accounted one of â—he Popes best Sonnes yet proceeded in matter temporall towards Pope Clement with strange Rigour Never regarding the Pontificality but kept him Prisoner 18. Moneths in a Pestilent Prison And was hâ—rdly disswaded by his Councell from having sent him Captive into Spain And made sport with the Threats of Frosberg the Germaine who wore a silk Rope under his Cassock which he would shew in all Companies Tellâ—ng them that he carried it to strangle the Pope with his own hands As for Philip the Faire Iâ— is the ordinary Example how he brought Pope Boniface the 8th to an ignominious End Dying Mad and Enraged And how he stiled hiâ— Rescript to the Popes Bull whereby he challenged his Tempoâ—all Sciat Fatuitas Vestra Not your Beatitude but your Stultitude A Stile worthy to be continued in like Cases For certainly that claim is meerly Folly and Fury As for Native Examples here it is too long a Field to enter into them Never Kings of any Nation kept the Partition wall between Temporall and Spiriâ—uall better in times of greatest Superstition I report me to King Edward I. that set up so many Crossâ—s And yet crossed that part of the Popes Iurisdiction no Man more strongly But these things have passed better Penns and Speeches Heere I end them But now to come to the particular Charge of this Man I musâ— enform your Lordships the Occasion and Nature of this Offenceâ— Theâ—e haâ—h been published lately to the Worldâ— a Work of Suâ—rez a Portugese A Professor in the Vniversity of Coimbra A Confidenâ—â— and daâ—ing Writer such an one as Tully describes in derision Nihil tam verens quam ne dubitare aliquâ de re videretur One that feares nothing but this least he should seem to doubt of any thing A Fellow that thinksâ— with his Magistrallity and Goose-quill to give Lawes and Mannages to Crowns and Scepters In this Mans writinâ— this Doctrine of Deposing and Murthering Kings seems to comâ— to a higher Elevation then heretofore And it is more artted and positived then in others For in the passages which your Lordships shall hear read anon I find three Assertions which run not in the vulgar Track But are such as wherewith Mâ—ns Eares as I suppose are not much acquainted Whereof the first is That the Pope hath a superiority over Kings as Subjects to depose them Not only for Spirituall Crimes as Heresie and Schisme But for Faults of a Tempoâ—rall Nature Forasmuch as a Tyrannicall Government tendeth ever to the Destruction of Soules So by this Position Kings of either Religion are alike comprehended and none exempted The Second that after a Sentence given by the Pope this Writer hath defined of a Series or Succession or Substitution of Hangmen or Burreo's to be suâ—e least an Executioner should fail His Assertion is That when a King is sentenced by the Pope to Deprivation or Death The Executioner who is first in place is He to whom the Pope shall commit the Authority Which mayâ— be a Forraign Prâ—nce It may be a Particular Subject It may be in generall to the first undertaker But if there be no Direction or Assignation in the Sentence speciall nor generall then de Jure it appertains to the nexâ— Successour A naturall and pious Opinion For commonly they are Sons or Brothers or near of Kin all is one So as the Successor be Apparent and also that he be a Catholique But if he be Doubtfull or that he be no Catholique then it devolves to the Commonalty of the Kingdome So as he will be sure to have it done by one Minister or other In the Third he distinguishethâ— of two kinds of Tyrants A Tyrant in Title and A Tyrant in Regiment â—he Tyrant in Regiment cannot be resisted or killed without a Sentence precedent by the Pope But a Tyrant in Title may be killed by any private Man whatsoever By which Doctrine he hath put the Judgement of Kings Titles which I will undertake are never so clean but that some vain Quarrel or Exception may be made unto them upon the Fancy of every â—rivate Man And also couples the Judgement and Execution together That he may judge him by a Blow without any other Sentence Your Lordships see what Monstrous Opinions these are And how both these Beasts the Beast with seven Heads and the Beast with Many Heads Pope and people are at once let in and set upon the sacred Persons of Kings Now to go on with the Narrative There was an Extract made of certain Sentences and Portions of this Book Being of this nature that I have set forth By a great Prelate and Councellor upon a just Occasion And there being some Hollowness and Hesitation in these Matters wherein it is a thing impious to doubt discovered and perceived in Talbot He was asked his Opinion concerning these Assertions in the Presence of his Majesty And afterward they were delivered to him That upon advise and Sedato animo he mought declare himself Whereupon under his hand he subscribes thus May it please your Honourable good Lordships Concerning this Doctrine of Suarez I do perceive by what I have read in his Book that the same doth concern Matter of Faith The Controversie growing upon Exposition of Scriptures and Councels Wherein being ignorant and not studied I cannot take upon me to judge But I do submit mine Opinion therein to the Iudgement of the Catholick Roman Church as in all other Points concerning Faith I do And for Matter concerning my Loyalty I
as Men misled are to be pittied For the First if a Man doth visit the foul and polluted Opinions Customesâ— or Practices of Heathenism Mahometism and Heresie he shall find they do not attain to this Height Take the Examples of damnable Memory amongst the Heathen The Proscriptions in Rome of Sylla And afterwards of the Triumvirs what were they They were but of a finite Number of Persons and those not many that were exposed unto any Mans Sword But what is that to the proscribing of a King and all that shall take his Part And what was the Reward of a Souldier that amongst them killed one of the proscribed A small piece of Money But what is now the reward of one that shall kill a King The Kingdom of Heaven The Custome among the Heathen that was most scandalized was that sometimes the Priest sacrificed Men But yet you sâ—all not read of any Priesthood that sacrificed Kings The Mahometâ—ns make it a part of their Religion to propagate their Sect by the Sword But yet still by Honourable Wars never by Villanies and secret Murthers Nâ—y I find that the Saracen Prinâ—e of whom the Name of the â—ssassins is derived which had divers Votaâ—ies at Commandement which he sent and imployed to the Killing of divers Princes in the East By one of whom Amurath the First was slain And Edward the First of England was wounâ—ed was put down and rooted out by common Consentâ— of the Mahometan Princes The Anabaptists it is true come nearest For they professe the pulling down of Magistrates And they can chaunt the Psalm To bind their Kings in Chaines and their Nobles in fetters of Iron This is the Glory of the Saints mâ—ch like the Temporall Authority that the Pope Challengeth over Princes But this is the difference That that is a Furious and Fanaticall Fury And this is a sad and solemn Mischief He imagineth Mischief as a Law A Law-like Mischief As for the Defence which they do make it doth aggravate the sin And turneth it from a Cruelty towards Man to a Blaâ—phemy towards God For to say that all this is in ordine ad spirituale And to a good End And for the salvation of Soules It is directly to make God Author of Evill And to draw him into the likenesse of the Prince of Darknesse And to say with thoseâ— that Saint Paul speaketh of Let us do Evill that good may come thereof Of whom the Apostle saith dâ—finitively That their damnatioâ— is Iust. For the Destroying of Government universally it is most evident That it is not the Case of Protestant Princes onely But of Catholick Princes likewise As the King hath excellently set forth Nay it is not the Case of Princes onely but of all Subjects and private Persons For touching Princes let History be perused what hath been the Causes of Excommunication And namely this Tumour of it the Deposing of Kings It hath not been for Heresie and Schism alone but for Collation and Investitures of Bishopricks and Benefiâ—es Intruding upon Ecclesiasticall Possessions violating of any Ecclesiasticall Person or Liberty Nay generally they maintain it that it may be for any sin So that the Difference wherein their Doctors vary That some hold That the Pope hath his Temporall power immediatly And others but in ordine ad spiritude is but a Delusion and an Abuse For all commeth to one What is there that may not be made spirituall by Consequence specially when He that giveth the Sentence may make the Case And accordingly hath the miserable Experience followed For this Murthering of Kings hath been put in practise as well against Papist Kings as Protestants Save that it hath pleased God so to guide it by his admirable providence As the Attempts upon Papist Princes have been executed And the Attempts upon Protestant Princes have failed Except that of the Prince Aurange And not that neither untill such time as he had joyned too fast with the Duke of Anjou and the Papists The rest is wanting The Charge of Sir Francis Bacon the Kings Atturney Generall against M. L. S. W. and H. I. for Scandall and Traducing of the Kings Justice in the proceedings against Weston In the Star-Chamber 10. Novemb. 1615. THe Offence wherewith I shall charge the three Offenders at the Bar is a Misdemeanour of a High Nature Tending to the Defacing and Scandall of Iustice in a great Cause Capitall The particular Charge is this The King amongst many his Princely vertues is known to excell in that proper vertue of the Imperiall Throne which is Iustice. It is a Royall Vertue which doth employ the other three Cardinall Vertues in her Service Wisdome to discover and discern Nocent or Innocent Fortitude to prosecute and execute Temperance so to carry Iustice as it be not passionate in the pursuit nor confused in involving persons upon light suspicion Nor precipitate in time For this his Majesties Vertue of Iustice God hath of late raised an occasion and erected as it were a Stage or Theater much to his Honour for him to shew it and act it in the pursuit of the untimely Death of Sir Thomas Overbury And therein cleansing the Land from Bloud For my Lords if Bloud spilt Pure doth cry to Heaven in Gods Eares much more Bloud defiled with Poyson This Great Work of his Majesties Iustice the more excellent it is your Lordships will soon conclude the greater is the Offence of any that have sought to Affront it or Traduce it And therefore before I descend unto the Charge of these Offenders I will set before your Lordships the weight of that which they have sought to impeach Speaking somewhat of the generall Crime of Impoysonment And then of the particular Circumstances of this Fact upon Overbury And thirdly and chiefly of the Kings great and worthy Care and Carriage in this Business This Offence of Impoysonment is most truly figured in that Devise or Description which was made of the Nature of one of the Roman Tyrants That he was Lutum Sanguine maceratum Mire mingled or cymented with Bloud For as it is one of the highest Offencesâ— in Guiltiness So it is the Basest of all others in the Mind of the Offenders Treasons Magnum aliquid spectant They aym at great thingâ—â— But this is vile and base I tell your Lordships what I have noted That in all Gods Book both of the Old and New Testament I find Examples of all other Offences and Offendours in the world but not any one of an Impoyâ—onment or an Impoysoner I find mention of Fear of casuall Impoysonment when the Wild Vine was shred into the Pot they came complaining in a fearfull manner Maister Mors in ollâ And I find mention of Poysons of Beasts and Serpents The Poyson of Aspes is under their Lips But I find no Example in the Book of God of Impoysonment I have sometime thought of the Words in the Psalm Let their Table be made a Snare Which certainly is most True of Impoysonment For
the Table the Daily Bread for which we pray is turned to a deadly Snare But I think rather that that was meant of the Treachery of Friends that were participant of the same Table But let us go on It is an Offence my Lords that hath the two Spurs of Offending Spes Perficiendi and Spes Celandi It is easily committed and easily concealed It is an Offence that is Tanquam Sagitta nocte volans It is the Arrow that flies by Night It discerns not whom it hits For many times the Poyson is laid for one and the other takes it As in Sanders Case where the Poysoned Apple was laid for the Mother and was taken up by the Child and killed the Child And so in that notorious case whereupon the Statute of 22º H. 8 Cap. 9º was made where the Intent being to poyson but one or two Poyson was put into a little Veâ—sell of Barm that stood in the Kitchin of the Bishop of Rochesters House Of which Barm Pottage or Gruell was made wherewith 17 of the Bishops Family were Poysoned Nay Divers of the Poor that came to the Bishops Gate and had the broken Pottage in Alms were likewise Poysoned And therefore if any Man will comfort himself or think with himself Here is great Talk of Impoysonment I hope I am safe For I have no Enemies Nor I have nothing that any Body should long for why that is all one For he may sit at Table by one for whom Poyson is prepared and have a Drench of his Cup or of his Pottage And so as the Poet saith Concidit infelix alieno vulnere He may die another Mans Death And therefore it was most gravely and judiciously and properly provided by that Statute That Impoysonment should be High Treason Because whatsoever Offence tendeth to the utter Subversion and Dissolution of Human Society is in the nature of High Treason Lastly it is an Offence that I may truly say of it Non est nostri Generis nec Sanguinis It is Thanks be to God rare in the Isle of Brittanny It is neither of our Country nor of our Church you may find it in Rome or Italy There is a Region or perhaps a Religion for it And if it should come amongst us certainly it were better living in a Wildernesse than in a Court. For the particular Fact upon Overburyâ— First for the Person of Sir Thomas Overbury I knew the Gentleman It is true his Mind was great but it moved not in any good Order yet certainly it did commonly fly at good Things And the greatest Fault that I ever heard by him was that he made his Friend his Idoll But I leave him as Sir Thomas Overbury But then take hiâ— as he was the Kings Prisoner in the Tower And then see how the Case stands In that place the State is as it were Respondent to make good the Body of a Prisoner And if any thing happen to him there it may though not in this Case yet in some others make an Aspersion and a Reflexion upon the State it self For the Person is utterly out of his own Defence His own Care and Providence can serve him nothing He is in Custody and Preservation of Law And we have a Maxime in our Law as my Lords the Iudges know that when a State is in preservation of Law nothing can destroy it or hurt it And God forbid but the like should be for the Persons of those that are in Custody of Law And therefore this was a Circumstance of great Aggravation Lastly to have a Man chaced to Death in such manner as it appears now by Matter of Record For other Privacy of the Cause I know not By Poyson after Poyson first Roseaker then Arsenick then Mercury Sublimate then Sublimate again It is a Thing would astonish Mans Nature to hear it The Poets faign that the Furies had whips and that they were corded with Poysonous Snakes And a Man would think that this were the very Case To have a Man tied to a Poast and to scourge him to Death with Snakes For so may truly be termed Diversity of â—oysons Now I will come unto that which is the Principall That is his Majesties Princely yea and as I may truly term it Sacred proceeding in this Cause Wherein I will first Speak of the Temper of his Iustice and then of the Strength thereof First it pleased my Lord Chief Iustice to let me know That which I heard with great Comfort Which was the Charge â—hat his Majesty gave to Himself first And afterwards to the Commissioners in this Case worthy certainly to be written in Letters of Gold wherein his Majesty did fore-rank and make it his prime Direction that it should be carried without touch to any that was innocent Nay more not onely without Impeachment but without Aspersion which was a most Noble and Princely Caution from his Majesty For Mens Reputations are tender Things And ought to be like Christs Coat without Seam And it was the more to be respected in this Case because it met with two great Persons A Noble Man that his Majesty had favoured and advanced And his Lady being of a Great and Honourable House Though I think it be true that the Writers say that there is no Pomgranate so fair or so sound but may have a perished Kernell Nay I see plainly that in those excelâ—lent Papers of his Majesties own Hand writing Being as so many Beams of Iustice issuing from that Vertue which doth shine in him I say I see it was so evenly carried without prejudiceâ— whither it were a true Accusation of the one part or a Practise of a false Accusation on the other As shewed plainly that his Majesties Judgement was tanquam Tabula Rasa as a clean pair of Tables And his Ear tanquam Ianua aperta As a Gate not side open but wide open to Truth as it should be by little and little discovered Nay I see plainly that at the first till further Light did break forth his Majesty was little moved with the First Tale which he vouchsafeth not so much as the Name of a Tale But calleth it a Rumour which is an Headless Tale. As for the Strength or Resolution of his Majesties Iustice I must tell your Lordships plainly I do not marvell to see Kings thunder out Iustice in Cases of Treason when they are touched Themselves And that they are Vindices Doloris Proprij But that a King should pro Amore Iustitiae onely Contrary to the Tide of his own Affection for the preservation of his People take such Careâ— of a Cause of Iustice That is rare and worthy to be celebrated far and nearâ— For I think I may truly affirm that there was never in this Kingdome nor in any other Kingdome the Bloud of a private Gentleman vindicated Cum tanto Moâ—u Regni or to say better Cum tanto Plausu Regni If it had concerned the King or Prince there could not have been Greater nor
should not be troubled at this time Neverthelesse He pressed him to answer saying He desired to know it that he mought pray with him I know not that S. W. is an Ecclesiastick that he should cut any Man from Communion of Prayer And yet for all this vexing of the Spirit of a poor Man now in the Gates of Death Weston neverthelesse stood constant and said I die not unworthily My Lord Chief Iustice hath my mind under my hand and he is an Honourable and just Iudge This is S. W. his Offence For H. I. he was not so much a Questionist but wrought upon the others Questions And like a kind of Confessor wished him to discharge his Conscience and to satisfie the World What World I marvaile It was sure the World at Tyburn For the World at Guild-Hall and the World at London was satisfied before Teste the Bells that rang But men have a got fashion now a dayes that two or three busie Bodies will take upon them the Name of the World And broach their own Conceits as if it were a general Opinion Well what more When they could not work upon Weston then H.I. in an Indignation turned abont his Horse when the other was turning over the Ladder And said he was sorry of such a Conclusion That was to have the State honoured or justified But others took and reported his words in another degree But that I leave seeeing it is not Confessed H. I. his Offence had another Appendix before this in time which was that at the day of the Verdict given up by the Iury He also would needs give his Verdict Saying openly that if he were of the Iury he would doubt what to do Marry he saith he cannot tell well whether he spake this before the Jury had given up the Verdict or after Wherein there is little gained For whether H. I. were a Pre-Jurour or a Post-Jurour The one was as to prejudge the Iury the other as to taint them Of the Offence of these two Gentlemen in generall your Lordships must give me leave to say that it is an Offence greater and more dangerous then is conceived I know well that as we have no Spanish Inquisitions nor Iustice in a Corner So we have no Gagging of Mens Mouths at their Death But that they may speak freely at the last Hour But then it must come from the free Motion of the Party not by Temptation of Questions The Questions that are to be asked ought to tend to furâ—her Revealing of their own or others Guiltiness But to use a Question in the Nature of a false Interrogatory to falsifie that which is Res Iudicata is intollerable For that were to erect a Court or Commission of Review at Tyburn against the Kings Bench at Westminster And besides it is a Thing vain and idle For if they anâ—swer according to the Iudgement past it adds no Credit Nor if it be contrary it derogateth nothing But yet it subjecteth the Majesty of Iustice to popular and vulgar Talk and opinion My Lords these are great and dangerous Offences For if we do not maintain Iustice Iustice will not maintain us But now your Lordships shall hear the Examinations themselves upon which I shall have occasion to note some particular Things c. The Effect of that which was spoken by the Lord Keeper of the Great Seal of England at the taking of his place in Chancery In performance of the Charge his Majesty had given him when he received the Seal 1617. BEfore I enter into the Business of the Court I shall take advantage of so many Honourable witnesses to publish and make known summarily what charge the Kings most excellent Majesty gave me when I received the Seal And what Orders and Resolutions my Self have taken in Conformity to that charge That the King may have the Honour of Direction And I the part of Obedience Whereby Your Lordships and the Rest of the Presence shall see the whole Time of my sitting in the Chanceryâ— which may be longer or shorter as please God and the King contrâ—cted into one Houre And this I do for three Causes First to give Account to the King of his Commandement Secondly that I may be a Guard and Custody to my self and mine own Doings That I do not swerve or recede from any Thing that I have professed in so Noble Company And thirdly that all men that have to do with the Chancery or the Seal may know what they shall expect And both set their Hearts and my Ears at rest Not moving me to any Thing against these Rules Knowing that my Answer is now turned from a Nolumus into a Non possumus It is no more I will not But I cannot After this Declaration And this I do also under three Cautions The first is that there be some Things of a more Secret and Counsell like Nature which are rather to be Acted then Published But these Things which I shall speak of to day are of a more publick Nature The second is that I will not trouble this Presence with every Particular which would be too long But select those Things which are of greatest efficacy and conduce most ad summas Rerum Leaving maâ—y other Particulars to be set down in a Publick Table According to the good Example of my last Predecessour in his Beginning And lastly that these Imperatives which I have made but to my Self and my Times be without prejudice to the Authority of the Court or Wiser Men that may succeed me And chiefly that they are wholy submitted unto the great Wisdom of my Soveraignâ— The absolutest Prinâ—e in Iudicature that hath been in the Christian World For if any of these Things which I intend to be Subordinate to his Directions shall be thought by his Majesty to be Inordinate I shall be most ready to reform them These things are but tanquam Albâ—m Praetoris For so did the Roman Praetors which have the greatest Affinity with the Iurisdiction of the Chancellor here who used to set down at their Entrance how they would use their Iurisdiction And this I shall do my Lords in verbis Masculis No flourishing or Painted Words but such as are fit to go before Deeds The Kings Charge which is my Lanthorn rested upon four Heads THe first was that I should contain the Iurisdiction of the Court within his true and due Limits without Swelling or Excesse The second that I should think the putting of the Great Seal to Letters Patents was not a Matter of Course after precedent Warrants But that I should take it to be the Maturity and Fulness of the Kings Intentions And therefore that it was one of the greatest Parts of my Trust if I saw any Scruple or Cause of stay that I should acquaint him Concluding with a Quod dubites ne feceris The third was that I should retrench all unnecessary delayes That the Subject mought find that he did enjoy that same Remedy against the Fainting of the
his Book Procure reverence to the King and the Law Inform my people truly of me which we know is hard to do according to the Excellency of his Merit but yet Endeavour it How zealous I am for Religion How I desire Law may be maintained and flourish That every Court should have his Iurisdiction That every Subject should submit himselâ— to the Law And of this you have had of lâ—te no small Occasion of Notice and Remembrance by the great and strait Charge that the King haâ—h given me as Keeper of his Seal for the Governing of the Chancery without Tumour or Excesse Again è re natae you at this present ought to make the People know and consider â—he Kings Blâ—ssed Care and Pâ—ovidence in goveâ—ning this Realm in his Absence So thâ—t sitting at the Helm of another Kingdom Nâ—t without gâ—eat Affairs and Business yet he governs all things here by his Letters and Directions as punctually and perfectly as if he were present I assure you my Lords of the Counsell and I do much admire the Extention and Latitude of his Care in all Things In the High Commission he did conceive a Sinnâ—w of Government was a little shrunk He recommended the care of it He hath called for the Accounts of the last Circuit from the Judges to be transmitted unto him into Scotland Touching the Infestation of Pyrates he hath been carefull and is and hath put things in way All things that concern the Reformation or the Plantation of Ireland He hath given in them punctuall and resolute Diâ—ections All this in Absence I give but a few Instances of a publique Nature The Secrets of Counsell I may not enter into Though his Dispatches into France Spain and the Low-Countries now in his absence are also Notorious as to the outward sending So that I must conclude that his Majesty wants but more Kingdomes For I see he could suffice to all As for the other Glasse I told you of Of representing to the King the Griefs of his People without doubt it is properly your Part For the King ought to be informed of any thing amisse in the state of his Countries from the Observations and Relations of the Iudges That indeed know the Pulse of the Country Rather then from Discourse But for this Glasse thanks be to God I do hear from you all That there was never greater Peace Obedience and Contentment in the Country Though the best Governments be alwayes like the fairest Crystals wherin every little Isicle or Grain is seen which in a Fouler Stone is never perceived Now to some Particulars and not Many Of all other things I must begin as the King begins That is with the Cause of Religion And especially the Hollow Church Papist Saint Aug. hath a good Comparison of such Men affirming That â—hey are like the Roots of Nettles which themselves sting not but yet â—hey bear all the Stinging Leaves Let me know of such Roots and I will root them out of the Country Next for the Matter of Religion In the principall place I recommend both to you and the Iustices the Countenancing of Godly and Zealous Preachers I mean not Sectaries or Novellists But those which are sound and conform But yet pious and Reverend For there will be a perpetuall Defection except you keep Men in by Preaching as well as Law doth by punishing And commonly Spirituall Diseases are not Cured but by Spirituall Remedies Next let me commend unto you the Repressing as much as may be of Faction in the Countrys of which ensue infinite Inconveniences and perturbations of all good Order And Crossing of all good Service in Court or Country or wheresoever Cicero when he was Consul had devised a fine Remedy A Milde one but an effectuall and an apt one For he saith Eos qui otium perturbant reddam otiosos Those that trouble others Quiet I will give them Quiet They shall have nothing to do Nor no Authority shall be put into their Hands If I may know from you of any who are in the Country that are Heads or Hands of Faction Or Men of turbulent Spirits I shall give them Cicero's Reward as much as in me is To conclude study the Kings Book And study your selves how you profit by it And all shall be well And you the Iustices of Peace in particular Let me say this to you Never King of this Realm did you so much Honour as the King hath done you in his Speeeh By being your immediâ—te Directors And by sorting you and your seâ—vice with the Service of Ambassadours and of his nearest Attendants Nay more it seems his Majesty is willing to do the state of Iustice of Peace Honour actively also By bringing in with time the like Form of Commission into the Government of Scotland As that Glorious King Edward the third did plant this Commission here in this Kingdome And therefore you are not fit to be Coppies except you be Fair Written without Blots or Blurs or any thing unworthy your Authority And so I will trouble you no longer for this time The Speech used by Sir Francis Bacon Lord Keeper of the Great Seal of England to Sir William Jones upon his calling to be Lord Chief Justice of Ireland 1617. Sir WILLIAM IONES THe Kings most Excellent Majesty being duly informed of your sufficiency every way Hath called you by his Writ now returned to the State and Degree of a Serjeant at Law But not to stay there but being so qualified to serve him as his Chief Iustice of his Kings Bench in his Realm of Ireland And therefore that which I shall say to you must be applied not to your Sâ—rjeants place which you take but in passage But to that great place where you are to settle And because I will not spend Time to the Delay of the Businesse of Causes of the Court I will lead you the short Iourney by Examples and not the Long by Precepts The Place that you shall now serve in hath been fortunate to be well served in four successions before you Do but take unto you the Constancy and integrity of Sir Robert Gardiner The Gravity Temper and Direction of Sir Iames Lea The Quicknesâ—e Industry and Dispatch of Sir Humphry Winch The Care and Affection to the Common-wealth and the Prudent and Politick Administration of Sir Iohn Denham And you shall need no other Lessons They were all Lincolns Inn Men as you are You have known them as well in their Beginnings as in their Advancement But because you are to be there not only Chief Iustice but a Counseller of Estate I will put you in mind of the great Work now in hand that you may raise your thoughtes according unto it Ireland is the last Ex Filiis Europae which hath been reclaimed from Desolation and a Desert in many parts to Population and Plantation And from Savage and Barbarous Customes to Humanity and Civility This is the Kings Work in chief It is his Garland of Heroicall Vertue
of that Crown Though now upon this fresh Accident of Receiving the King into Paris it is to be thought that both the worst affected of the League will â—ubmit themselves upon any tolerable Conditions to their Naturall King thus advanced in strength and Reputation And the King of Spain will take take a second Advise ere he embarque himself too far in any new Attempt against France But taking the Affâ—irs as they then stood before this Accident unexpected Especially of the Councell of Spain during this his supposed Harvest in France His Counsell had reason to wish that there were no Disturbance from hence Where they make account that if her Majesty were removed upon whose person God continue his extraordinary Watch and Providence here would be nothing but Confusion Which they do not doubt but with some no great Treasure and Forces from without may be nourished till they can more fully intend the Ruine of this State according to their ancient malice But howsoever that be amongst the Number of these execrable Undertakers there was none so much built and relied upon by the Great Ones of the other side as was this Physician Lopez Nor indeed None so dangerous whether you consider the Aptnesse of the Instrument Or the subtilty and secrecy of thoâ—e that practised with him Or the Shift and Evasion which he had provided for a Colour of his Doings if they should happen to come into Question For fiâ—st whereas others were to find and encounter infinite Difficulties in the very obtaining of an Opportunity to execute this Horrible Act And besides cannot but see present and most assured Death before their eyes And therefore must be as it were damnable Votaries if they undertake it This Man in regard of his Faculty and of his private Accesse to her Majesty had both Means to perpetrate and Means to conceal whereby he mought reap the fruit of his wicked Treason without evident perill And for his Complices that practised with him being Portugeses and of the Retinue of King Antonio the King of Spains Mortall Enemy they were Men thereby freed and discharged from Suspiâ—cion And mought send Letters and receive Letters out of Spain without Jealousie As those which were thought to entertain Intelligences there for the good of their Master And for the Evasion and Masqâ—e that Lopez had prepared for this Treason if it had not been searched and sifted to the bottome It was that he did intend but to cousin the King of Spain without ill Meaning somewhat in the nature of that Stratagem which Parry a most Cunning and Artificiall Traytour had provided for Himself Neverthelesse this Matter by the great Goodnesse of God falling into good Hands of those Honourable and sufficient persons which dealt therein Was by their great and worthy Industry so handled and followed As this Proteus of a disguised and Transformed Treason did at last appear in his own Likenesse and Colours which were as Foul and Monstrous as have been known in the world For some of her Majesties Councell long since entred into consideration That the Retinew of King Antonio I mean some of them were not unlike to hatch these kindâ— of Treasons In regard they were Needy Strangers entred into despair of their Masters Fortune and like enough to aspire to make their Peace at home by some such wicked Seâ—vices as these And therefore grew to have an extraordinary vigilant Eye upon them Which Prudent and Discreet Presumption or Conjecture Joyned with some Advertisements of Espialls abroad and some other Industry Was the first Cause next under the great Benediction of God which giveth unto Princes zealous Counsellours And giveth to Counsellours Policy and Discerning Thoughts of the Revealing and Discovering of â—hese Treasons which were contrived in Order and Form as hereafter is set down This Lopez of Nation a Portugeze and suspected to be in sect secretly a Iew Though here he conformed Himself to the Rites of Christian Religion For a long time professed physick in this Land By occasion whereof being withall a Man very Observant and Officious and of a pleasing and applyable behaviour In that regard rather then for any great Learning in his Faculty He grew known favoured in Court And was some years since sworn Physician of her Majesties Houshold And by her Majesties Bounty of whom he had received divers Gifts of good commodity was grown to good Estate of Wealth This Man had insinuated himself greatly in regard he was of the same Nation with the King Antonio Whose Causes he pretended to sollicit at the Court Especially while he supposed there was any Appearance of his Fortune of whom also he had obtained as one that reserved all his doings to Gain an Assignation of 50000 Crowns to be levied in Portugall Buâ— being a Person wholly of a Corrupt and Mercenary Nature And finding his Hopes cold from that part He cast his Eyes upon a more able Paymaster And secretly made offer long since of his service to the King of Spain And accordingly gave sundry Intelligences of that which passed here and imported most for the King of Spain to know Having no small Means in regard of his continuall Attendance at Court Nearnesse and Accesse to learn many particulars of great weight Which Intelligences he maintained with Bernardine Mendoza Antonio Vega Roderigo Marquez and divers others In the Conveyance of which his Intelligences and in the making known of his Disposition to do the King of Spain service he had amongst others one Manuel Andrada a Portugeze revolted from Don Antonio to the King of Spain One that was disâ—overed to have practised the Death of the said Don Antonio and to have betrayed him to Bernardine Mendoza This Man coming hither was for the same his practise appearing by Letters intercepted apprehended and committed to Prison Beâ—ore which time also there had been by good diligence intercepted other Letters whereby the said Andrada adververtised Mendoza that he had won Dr. Lopez to the Kings service But Lopez having understanding thereof And finding means to have secret conference with Andrada before his examination Perswaded with him to take the Matter upon himself as if he had invented that Advertisement touching Lopez onely to procure himself credit with Mendoza And to make him conceive well of his Industry and Service And to move him hereunto Lopez set before Andrada that if he did excuse him he should have credit to work his Deliverie Whereas if he did impeach him he was not like to find any other Means of Favour By which subtil perswasion Andrada when he came to be examined answered according to the Direction and Lessoning which Lopez had given him And having thus acquitted himself of this suspicion became Suitour for Andrada's Delivery craftily suggesting that he was to do some notable Service to Don Antonio In which his suit he accordingly prevailed When Lopez had thus got Andrada out of prison he was suffered to go out of the Realm into Spain In pretence
as was said to do some service to Don Antonio But in truth to continue Lopez Negotiation and Intelligences with the King of Spain which he handled so well as at his Return hither for the comforting of the said Lopez he brought to him from the King besides thanks and words of encouragement and an Abrazo which is the Complement of Favour a very good Jewell garnished with sundry stones of good value This Jewell when Lopez had accepted he cunningly cast with himself That if he should offer it to her Majesty first He was assured she would not take it Next that thereby he should lay her asleep and make her Secure of him for greater Matters According to the saying Fraus sibi fidem in parvis praestruit ut in magnis opprimat which accordingly he did with Protestations of his Fidelity And her Majesty as a Princesse of Magnanimity not apt to fear or suspicion returned it to him with Gracious words After Lopez had thus abused her Majesty and had these Trialls of the Fidelity of Andrada they fell in conference the matter being first moved by Andrada as he that came freshly out of Spain touching the empoysoning of the Queen Which Lopez who saw that Matter of Intelligence without some such particular service would draw no great Reward from the King oâ— Spain such as a Man that was not Needy but wealthy as hâ— was coulâ— find any Tast in assented unto And to that purpose procured again this Andrada to be sent over As well to â—dvertise and asâ—ure this Matter to the King of Spain and hiâ— Ministers Namely to the Count de Fuentes Assistant to the Generall of the King of Spains Forces in the Low Countries as also to capitulate and â—ontract with him about the Certainty of hiâ— Rewardâ— Andrada having received those Instructions and beâ—ing furnished with money by Lopez procurement from Don Antonio about whose service his Employment was believed to be Went over to Calais Where he remained to be near unto England and Flandeâ—s Having a Boy that ordinarily passed to and fro between him and Lopez By whom he did also the better to colour his Employment write to Lopez Intelligence as it was agreed he should between him and Lopez Whâ— bad him send such Nâ—ws as he should take up in the Streets From Calais he writeth to Count de Fuentes of Lopez Promise and Demands Upon the Receipt of which Letters after some Time taken to advertise this Proposition into Spain And to receive direction thereupon The Count de Fuentes associated with Stâ—â—phano Ibarra Secretary of the Councell of the Wars in the Low Countries calleth to â—im one Manuel Louys Tinoco a Portugese who had also followed King Antonio and of whose good Devotion he had had Experience in that he had conveyed unto him two severall Packets wherewith he was trusted by the King Antonio for France Of this Louys they first received a Corporall Oath wiâ—h solemn Ceremony taking his Hands between their Hands that he should keep secret that which should be imparted to him And never reveal the same though he should be apprehended and questioned here This done they acquâ—int him with the Letters of Andrada with whom they charge him to conferre at Calais in his way and to passe to Lopez into England Addressing him further to Stephano Ferrera de Gama And signifying unto the said Lopez withall as from the King that he gave no great credence to Andrada as a person too sleight to be usâ—d in a Cause of so great weight And therefore marvelled much that he heard nothing from Ferrera of this Matter From whom he had in former time been advertised in generality of Lopez good affection to do him service This Ferrera had been sometimes a Man of great Livelyhood and wealth in Portugall which he did forego in adhering to Don Antonio And appeareth to be a Man of a Capacity and practise But hath some years since been secretly won to the service of the King of Spain not travelling neverthelesse too and fro but residing as his Leiger in England Manuel Louys dispatched with these Instructions and with all affectionate commendations from the Count to Lopez And with Letters to Ferrera Took his Journey first to Calais where he conferred with Andrada Of whom receiving more ample Information together with a short Ticket of Credence to Lopez that he was a Person whom he mought trust without scruple came over into England And first repaired to Ferrera and acquainted him with the State of the Businesse who had before that time given some Light unto Lopez that he was not a stranger unto the Practise between him and Andrada wherewith indeed Andrada had in a sort acquainted him And now upon this new Dispatch and Knowledge given to Lopez of the choise of Ferrera to continue that which Andrada had begun He to conform himself the better to the satisfaction of the King of Spain and his Ministers abroad was content more fully to communicate with Ferrera with whom from that time forward he meant singly and apertly to deal And therefore cunningly forbare to speak with Manuel Louys himself but concluded that Ferrera should be his only â—runk and all his Dealings should pass through his Hands thinking thereby to have gone Invisible Whereupon he cast with Himself that it was not safe to use the Mediation of Manuel Louys who had been made privy to the matter as some base carrier of Letters which Letters also should be written in a Cyphar Not of Alphabet but of Words Such as mought if they were opened import no vehement suspicion And therefore Manuel Louys was sent back with a short Answerâ— And Lopez purveied himself of a base Fellow a â—ortugeze called Gomes d' Avila dwelling hard by Lopez House â—o convey his Letters After this Messenger provided it was agreed between Lopez and Ferrera that Letters should be sent to the Count de Fuentes and Secretary Iuarra written and signed by Ferrera â—or Lopez cautelously did forbear to write himself but directed and indeed dictated word by word by Lopez himself The Contents thereof were That Lopez was ready to execute that Service to the King which before had been treated but required for his Recompence the sum of 50000. Crowns and assurance for the same These Letters were written obscurely as was touched in Termes of Merchandise To which Obscurity when Ferrera excepted Lopez answered They knew his meaning by that which â—ad passed before Ferrera wrote also to Manuel Louys but charged this Gomez to deliver the same Letters unto him in the presence of Iuarra As also the Letter to Iuarra in the presence of Manuel Louys And these Letters were delivered to Gomez d' Avila to be carried to Bruxells And a Pasport procured and his charges defrayed by Lopez And Ferrera the more to approve his Industry writ Letters two severall times The one conveyed by Emanuel Palacios with the privity of Lopez to Christofero Moro a principall Counseller of the King of
greatly advance her Glory That both by her timely Succours her Nâ—ighbour Kings were settled in their Rightâ—ull Thrones and the Suppliant People who by the ill Advisednesse of their Kings were abandoned and given over to the Cruelâ—y of their Ministers And to the Fury of the Multitude and to all manner of Butchery and Desolation were relieved by Her By reason whereof they subsist unto this Day Neither was She a Princesse lesse Benigne and Fortunate in the Influence of her Counsells then of her Succours As being One that had oftentimes interceded to the King of Spain to mitigate his wrath against his Subjects in the Netherlands and to reduce them to his Obedience upon some tolerable Conditions And further as being one that did perpetually and upon all occasions represent to the French Kings the Observation of their own Edicts so often declaring and promising peace to their Subjects I cannot deny but that these good Counsells of hers wanted the Effect In the former I verily believe for the Univeâ—sall good of Europe Least happily the Ambition of Spain being unloosed from his Fetters should have poured it self as things then stood upon the other Kingdoms and States of Christendom And for the latter the Blood of so many Innocents with their Wives and Children Slain within their own Harbours and Nests by the Scumme of the People who like so many Mastifes were let loose and heartened and even set upon them by the State would not suffer it which did continually cry unto God for Vengeance that so Blood-sucking a Kingdom might have her fill thereof in the intestine Slaughters and Consumption of a Civill War Howsoever she persisted to perform the part of a wise and loving Confederate There is another Cause also for which we may justly admire this Peace so constantly pursued and maintained by the Queen And that is that it did not proceed from any Bent or Inclination of those Times But from the Prudency of her Government and discreet Carriage of Things For whereas she her self was not without manifest Danger from an ill affected Party at home for the Cause of Religion And that the Strength and Forces of this Kingdom were in the Place of a Bulwark to all Europe against the then dreadfull and overflowing Ambition and Power of the King of Spain She might have apprehended just Cause of a War But as she was still ready with her Councell so she was not behind hand with her Forces And this we are taught by an Event the most Memorable of any in our time if we look upon the Felicity thereof For when as the Spanish Navy set forth with such wonderfull Preparations in all kinds the Terrour and Amazement of all Europe Carried on with almost Assurance of victory came braving upon our Seas It took not so much as one poor Cock-boat of ours nor fired any one Village nor landed one Man upon English Ground But was utterly defeated and after a shamefull Flight and many shipwracks quite dispersed So as the Peace of this Kingdome was never more Firm and Solid Neither was her Felicity lesse in Escaping Treacherous Attempts at home then in subduing and Defeating forrain Invasions For not a few Treasons plotted against her Life were most fortunately discovered and disappointed And this was no cause to make her lead a more fearfull or diffident life then before No new Encrease of her Guard No Immuring her self within her own Walls or Forbearing to be seen abroad But as one assured and confident And that was more mindfull of her Escape from Danger then of the Danger it self she was constant to her former Customes and Fashions Furthermore it is worth our labour to consider the Nature of the Times in which she Raigned For there are some Times so Barbarous and Ignorant that it is no greater matter to govern People then to govern a Flock of Sheep But this Queen fell upon Times of singular Learning and Sufficiency In which it was not possible to be eminent without admirable Endowments of wit and a Rare Temper of Vertue Again the Raignes of Women are For the most part obscured by their Husbands Upon whom all their Praises and worthy Acts do reâ—lect As for those that continue unmarried it is they that impropriate the whole glory and meriâ— to themselves And this was the peculiar Glory of this Princesse That she had no Props or Supports of her Government but those that were of her own making She had no Brother the Son of her Mother No Vnckle None other of the Royall Bloud and Linage that might be Partner in her Cares and an Vpholder of the Regall Dignity And as for those whom she raised to Honour she carried such a discreet Hand over them and so enterchanged her Favourâ— as they all strived in Emulation and Desire to please her best and she her self remained in all Things an Absolute Princesse Childlesse she was and left no Issue behind Her which was the Case of many of the most fortunate Princes Alexander the â—reat Iulius Caesar Trajan and others And this is a Case that hath been often controverted and argued on both â—ides Whilest some hold the want of Children to be a Diminution of our Happinesse As if it should be an Estate more then Human to be happy both in our own Persons and in our Descendants But others do account the want of Children as an Addition to â—arthly Happinesse In as much as that Happinesse may be said to be compleat over which Fortâ—ne hath no Power when we are gone Which if we leave Children cannot be She had also many Outward Gifts of Nature A tall Staâ—ure A comely and strait Making An extraordinary Majesty of Aspect â—oyned with a Sweetnesse A most Happy and Constant Healthfulnesse of Body Unto which I may add that in the full Possession both of her Limms and Spirits untill her last Sicknesse Having received no Blow from Fortuneâ— Nor Decay from Old Age she obtained that which Augustus Caesar so importunately prayed for An easie and undistempered passage out of this VVorld Which also is reported of Antoninus Pius that Excellent Emperour Whose Deaâ—h had the Resemblance of some soft and pleasing Slumber So in Queen Elizabeths Disease there was no ghastly or fearfull Accident No Idlenesse of Brain Nothing unaccustomed to Man in generall She was not transported either with desire of Life or Tediousnesse of Sicknesse or extremity of Pain She had no grievous or uncomely Symptomes But all things were of that kind as did rather shew the Frailty of Nature then a Deordination or Reproach of it For some few Dayes before her Death being much pined with the extream Drought of her Body and those Cares that accompany a Crown And not wonted to refresh her Self with VVine or any Liberall Dieâ— she was strook with a Torpour and Frigidity in her Nerves Notwithstanding which is rare in such Diseases she retained both her Speech and Memory and Motion though but flow and weak even to the
Commons graced with the first Vote of all the Commons Selected â—or that Cause Not in any Estimaâ—ion of my Ability For therein so wise an Asâ—embly could not be so much deceived but in an acknowledgement of my Extream Labours and Integrity in that Businesse I thought my self every wayes bound Both in Duty to your Majesty And in â—rust to that House of Parliament And in Consent to the Matter it self And in Conformity to mine own Travailes and Beginnings Not to neglect any paines that may tend to the furtherance of so excellent a work Wherein I will endeavour that that which I shall set down be Nihil minus quam verba For Length and Ornament of Speech are to be used for perswasion of Multitudes and not for Information of Kings especially such a King as is the only instance that ever I knew to make a Man of Plato's Opinion That all Knowledge is but Remembrance And that the Mind of Man knoweth all Things and demandeth only to have her own Noâ—ions excited and awaked Which your Majesties rare and indeed singular Gift and faculty of swift Apprehension and infinite Expansion or Multiplication of anoâ—her Mans Knowledge by your own as I have often observed so I did extreamly admire in Goodwins Cause Being a matter full of Secâ—ets and Mysteries of our Lawes meerly new unto you and quite out of the Path of your Education Reading and Conference Wherein neverthelesâ—e upon a Spark of Light given your Majesty took in so Dexterously and Profoundly as if you had been indeed Anima Legis Not only in Execution but in understanding The Remembrance whereof as it will never be out of my mind so it will alwayes be a warning to me to seek rather to excite your Judgemâ—nt briefly then to enform it tediously And if in a Matter of that Nature how much more in this wherein your Princely Cogitations have wrought themselves and been conversant And wherein the principall Light pâ—oceeded from your self And therefore my Purpose is onely to break this Matter of the Vnion into certain short Articles and Questions And to make a certain kind of Anatomy or Analysis of the Parts and Members thereof Not that I am of Opinion that all the Questions which I now shall Open were fit to be in the Consultation of the Commissioners propounded For I hold nothing so great an Enemy to good Resolution as the Making of too many Questions Specially in Assemblies which consist of many For Princes for Avoyding of Distraction must take many Things by way of Admittance And if Questions must be made of them rather to suffer them to arise from others then to grace them and authoâ—ize them as propounded from themselves But unto your Majesties private Consideration to whom it may better sort with me rather to speak as a Remembrancer then as a Counceller I have thought good to lay before you all the Branches Lineaments and Degrees of this Vnion that upon the Viâ—w and Consideration of them and their Circumstances your Majesty may the more clearly discern and more readily call to mind which of them is to be embraced and which to be rejected And of these which are to be accepted which of them is presently to be proceeded in and which to be put over to further time And again which of them shall require Authority of Parliament and which are fitter to be effected by your Majesties Royall Power and Prerogative or by other Pollicies or Means And lastly which of them is liker to Passe with Difficulty and Contradiction and which with more Facility and Smoothnesse First therefore to begin with that Question that I suppose will be out of question Whether it be not meet that the Statutes which were made touching Scotland or the Scottish Nation while the Kingdomes stood severed be repealed It is true there is a Diversity in these For some of these Lawes consider Scotland as an Enemy Countrey Oâ—her Lawes consider it as a Forrain Countrey onely As for Example the Law of Rich. 2. Anno 7º which Prohibiteth all Armour or Victuall to be carried to Scotland And the Law of 7º of K. H. the 7. that Enacteth all the Scottish Men to depart the Realm within a time prefixed Both these Lawes and some others resepct Scotland as a countrey of hostility But the of Law of 22 of Ed. 4 that endueth Barwick with â—he Liberty of a Staple where all Scottish Merchandizes should resort that should be uttred for England And likewise all English Merchandizes that should be uttered for Scotland This Law beholdeth Scotland onely as a Forrain Nation And not so much neither For there have been erected Staples in Towns of â—ngland for some Commodities with an Exclusion and Restriction of other Parts of England But this is a Matter of the least Difficulty your Mâ—sty shall have a Calender made of the Lawes and a Brief of the Effect And so you may judge of them And the like or Reciproque is to be done by Scotland for such Lawes as they have concerning England and the English Nation The Second Question is what Lawes Customes Commissions Officers Garrisons and the like are to be put down discontinued or taken away upon the Borders of both Realms This Point because I am not acquainted with the Orders of the Marches I can say the lesse Herein falleth that Question whether that the Tennants who hold their Tennant Rights in a greater Freedome and Exemption in Consideration of their Service upon the Borders And that the Countreys themselves which are in the same respect discharged of Subsidies and Taxes should not now be brought to be in one degree with other Tennants and Countreys Nam cessante caussâ tollitur Effectus Wherein in my Opinion some time would be given Quia adhùc eorum Messis in Herbâ est But some present Ordinance would be made to take effect at a future time considering it is one of the greatest Points and Marks of the Division of the Kingdomes And because Reason doth dictate that where the Principall Solution of Continuity was theâ—e the Healing and Consolidating Plaister should be chiefly applyed There would be some further Device foâ— the utter and perpetuall Confounding of those Imaginary Bounds as your Majesty termeth them And therefore it would be considered whether it were not convenient to Plant and Erect at Carleil or Barwick some Counsell or Court of Iustice the Iurisdiction whereof might extend part into England and part into Scotland With a Commission not to proceed precisely or meerly according to the Lawes and Customes either of England or Scotland But mixtly according to Instructions by your Majesty to be set down after the Imitation and Precedent of the Counsell of the Marches here in England Erected upon the Vnion of Wales The third Question is that which many will make a great Question of though perhaps your Majesty will make no Question of it And that is Whether your Majesty should not make a stop or stand
be too great a Work to embrace whether it were not convenient that Cases Capitall were the same in both Nations I say the Cases I do not speak of the Proceedings or Trials That is to say whether the same Offences were not fit to be made Treason or Felony in both places The Third Question is whether Cases Penall though not Capitall yet if they concern the Publick State or otherwise the Discipline of Manners were not fit likewise to be brought into one Degree As the Case of Misprision of Treason The Case of Premunire The Case of Fugitives The Case of Incest The Case of Simony and the rest But the Question that is more urgent then any of these is Whether these Cases at the least be they of an higher or inferiour degrâ—e Wherein the Fact committed or Act done in Scotland may prejudice the State and Subjects of England or é converso Are not to be reduced into one Vniformity of Law and Punishment As for Example A perjury committed in a Court of Iustice in Scotland cannot be prejudiciall in England Because Depositions taken in Scotland cannot be produced and used here in England But a Forgery of a Deed in Scotland I mean with a false Date of England may be used and given in Evidence in England So likewise the Depopulating of a Town in Scotland doth not directly prejudice the State of England But if an English Merchant shall carry Silver and Gold into Scotland as he may and thence transport it into forrain parts this prejudiceth the State of England And may be an Evasion to all the Lawes of England ordained in that Case And therefore had need to be bridled with as severe a Law in Scotland as it is here in England Of this kind there are many Lawes The Law of the 50 of Rich. the 2. of going over without licence if there be not the like Law in Scotland will be frustrated and evaded For any Subject of England may go first into Scotland and thence into forrain parts So the Lawes prohibiting Transportation of sundry Commodities as Gold and Silver Ordnance Artillery Corn c. if there be not a Correspondence of Lawes in Scotland will in like manner be deluded and frustrate For any English Merchant or Subject may carry such Commodities first into Scotland as well as he may carry them from Port to Port in England And out of Scotland into Forrain Parts without any Perill of Law So Libells may be devised and written in Scotland and published and scattered in England Treasons may be plotted in Scotland and executedâ— in England And so in many other Cases if there be not the like Severity of Law in Scotland to restrain Offences that there is in England whereof we are here ignorant whether there be or no It will be a Gap or Stop even for English Subjects to escape and avoid the Lawes of England But for Treasons the best is that by the Statute of 26. K. Hen. the 8'h Cap. 13. any Treason committed in Scotland may be proceeded with in England as well as Treasons committed in France Rome or elsewhere For Courts of Iustice Trialls Processes and other Administration of Lawes to make any Alteration in either Nation it will be a Thing so new and unwonted to either People That it may be doubted it will make the Administration of Iustice Which of all other Things ought to be known and certain as a beaten way To become intricate and uncertain And besides I do not see that the Severalty of Administration of Iustice though it be by Court Soveraign of last Resort I mean without Appeal or Errour Is any Impediment at all to the Vnion of a Kingdom As we see by Experience in the severall Courts of Parliament in the Kingdome of France And I have been alwayes of Opinion that the Subjects of England do already fetch Iustice somewhat far off more then in any Nation that I know the largeness of the Kingdome Considered though it be holpen in some part by the Circuits of the Iudges And the two Councels at York and in the Marches of Wales established But it may be a good Question whether as Commune Vinculum of the Iustice of both Nations your Majesty should not erect some Court about your person in the Nature of the Grand Councell of France To which Court you might by way of Evocation draw Causes from the ordinary Iudges of both Nations For so doth the French King from all the Courts of Parliament in France Many of which are more remote from Paris then any part of Scotland is from London For Receits and Finances I see no Question will arise In regard it will be Matter of Necessity to establish in Scotland a Receit of Treasure for Payments and Erogations to be made in those parts And for the Treasure of Spare in either Receipts the Custodies thereof may well be severall considering by your Majesties Commandement they may be at all times removed or disposed according to your Majesties Occasions For the Patrimonies of both Crowns I see no Question will arise Except your Majesty would be pleased to make one compounded Annexation for an Inseparable Patrimony to the Crown out of the Lands of both Nations And so the like for the Principality of Britain and for other Appennages of the rest of your Children Erecting likewise such Dutchies and Honours compounded of the Possessions of both Nations as shall be thought fit For Admiralty or Navy I see no great question will arise For I see no Inconvenience for your Majesty to continue Shipping in Scotland And for the Iurisdictions of the Admiralties and the Profits and Casualties of them they will be respective unto the Coasts over against which the Seas lye and are situated As it is here with the Admiralties of England And for Merchandizing it may be a Question whether that the Companies of the Merchant Adventurers of the Turky Merchants and the Muscovy Merchants if they shall be continued should not be compounded of Merchants of both Nations English and Scottish For to leave Trade free in the one Nation and to have it restrained in the other may percase breed some Inconvenience For Freedomes and Liberties the Charters of both Nations may be reviewed And of such Liberties as are agreeable and convenient for the Subjects and People of both Nations one Greaâ— Charter may be made and confirmed to the Subjects of Britain And those Liberties which are peculiar or proper to either Nation to stand in State as they do But for Imposts and Customes it will be a great Question how to accommodate them and reconcile them For if they be much easier in Scotland then they be here in England which is a Thing I know not then this Inconvenience will follow That the Merchants of England may unlade in the Ports of Scotland And this Kingdome to be served from thence and your Majesties Customes abated And for the Question whether the Scottish
a Man that awaketh out of a Fearfull Dream But so it was that not onely the Consent but the Applause and Joy was infinite and not to be expressed thronghout the Realm of England upon this Succession Whereof the Consent no doubt may be truly ascribed to the Clearnesse of the Right But the generall Joy Alacrity and Gratulation were the Effects of differing Causes For Queen Elizabeth although she had the use of many both Vertues and Demonstrations that mought draw and knit unto her the Hearts of her People Yet neverthelesse carrying a Hand Restrained in Gift and strained in Points of Prerogative could not answer the Votes either of Servants or Subjects to a full Contentment especially in her latter Dayes when the Continuance of her Raign which extended to Five and Forty years mought discover in People their Naturall Desire and Inclination towards Change So that a new Court and a new Raign were not to many unwelcome Many were glad and especially those of Setled â—state and Fortunes that the Feares and Incertainties were Over-blown and that the Dye was cast Others that had made their way with the King or offered their Service in the Time of the former Queen thought now the Time was come for which they had prepared And generally all such as had any dependance upon the late Earl of Essex Who had mingled the Secrecyâ— of his own Ends with the Popular pretence of advancing the Kings Title Made account theiâ— Cause was amended Again such as â—ought misdoubt they had given the King any occasion of Distast did continue by their Forwardnesse and Confidence to shew it was but their Fastness to the Former Government And that those Affections ended with the Time The Papists nourished their hopes by collating the Case of the Papists in England and under Queen Elizabeth and the Case of the Papists in Scotland under the King Interpreting that the Condition of them in Scotland was the lesse Grievous And divining of the Kings Government here accordingly Besides the Comforâ— they ministred themselves from the Memory of the Queen his Moâ—her The Ministers and those which stood for the Presbytery thought their Cause had more Sympathy with the Discipline of Scotland then the Hierarchy of England And so took themselves to be a Degree nearer their Desires Thus had every Condition of Persons some Contemplation of Benefit which they promised themselves Over-reaching perhaps according to the Nature of Hope But yet not without some probable Ground of Conjecture At which time also there came sorth in Print the Kings Book entitled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Containing Matter of Instruction to the Prince his Son touching the Ofâ—ice of a King Which Booke falling into every Mans Hand filled the whole Realm as with a good Perfume or Incense before the Kings comming in For being excellently written and having nothing of Affectation it did not only satisfie better then particular Reports touching the Kings Disposition But far exceeded any formall or curious Edict or Declaration which could have been devised of that Nature wherewith Princes in the beginning of their Raignes do use to grace themselves or at least expresse themselves gracious in the Eyes of their People And this was for the generall the State and Constitution of Mens Minds upon this Change The Actions themselves passed in this Manner c. The Rest is wanting A LETTER AND DISCOURSE TO Sir HENRY SAVILL TOUCHING HELPS FOR THE INTELLECTVAL POWERS SIR COming back from your Invitation at Eton where I had refreshed my Self with Company which I loved I fell into a Consideration of that Part of Policy whereof Philosophy speaketh too muchâ— and Lawes too little And that is of Education of Youth Whereupon fixing my mindâ— a while I found strait wayes and noted even in the Discourses of Philosophers which are so large in this Argument a strange Silence concerning one principall Part of that Subject For as touching the Framing and Seasoning of Youth to Morall Vertue As Tolerance of Labours Continency from Pleasures Obedience Honour and the like They handle it But touching the Improvement and Helping of the Intellectuall Powers As of Conceit Mâ—mory and Iudgement they say nothing Whether it were that they thought it to be a Matter wherein Nature onely prevailed Or that they intended it as referred to the severall and Proper Arts which teach the use of Reason and Speech But â—or â—he former of these two Reasons howsoeveâ— it pleaseth them to distinguish of Habits and Powers The Experience is manifest â—nough that the Motions and Faculties of the Wit and Memory may be not onely governed and guided but also confiâ—med and â—nlarged bâ— Custome and Exercise duly applyed As if a Man exercise shootiâ—g he shall not onely shoot nearer the Mark but also draw a stronger Bow And as for the Latter of Comprehending these precepts within the Arts of Logick Rhetorick If it be rightly considered their Office is distinct altogether from this Point For it is no part of the Doctrine of the Use or Handling of an Instrument to teâ—ch how to Whet or grinde the Instrument to give it a sharp edge Or how to quench it or otherwise whereby to give it a stronger Temper Wherefore finding this part of Knowledge not broken I have but tanquam aliud agens entred into it and salute you with it Dedicating it afâ—er the ancient manner first as to a dear Friend And then as to an Apt Person For as much as you have both place to practise it and Judgement and Leysure to look deeper into it then I have done Herein you must call to mind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Though the Argument be not of great Heigth and Dignity neverthelesse it is of great and universall use And yet I do not see why to consider it rightly That should not be a Learning of Heigth which teacheth to raise the Highest and Worthiest Part of the Mind But howsoever that be if the World take any Light and Useâ— by this Writing I will the Gratulation be to the good Friendship and Acquaintance between us two And so I commend you to Gods Divine Protection A DISCOURSE touching HELPS for the INTELLECTUALL POWERS I did ever hold it for an Insolent and unlucky Saying Faber quisque Fortunae suae except it be uttered onely as an Hortative or Spur to correct Sloth For otherwise if it be believed as it soundeth And that a Man entreth into an high Imagination that he can compass and fathom all Accidents And ascribeth all Successes to his Drifts and Reaches And the contrary to his Errours and Sleepings It is commonly seen that the Evening Fortune of that Man is not so prosperous as of him â—hat without slackning of his Industry attributeth much to Felicity and Providence above him But if the Sentence were turned to this Faber quisque Ingenii sui it were somewhat more True and much more Profitable Because it would teach Men to bend themselves to Reform those Imperfections in themselves which now
within the Compasse of any Moderation But theâ—e Things being with us to have an orderly passage under a King who hath a Royall power and approved Judgement And knoweth as well the Measure of Things as the Nature of them It is surely a needlesse Fear For they need not doubt but your Majesty with the advise of your Councell will discern what Things are intermingled like the Tares amongst the wheat which have their Roots so enwrapped and entangled as the one cannot be pulled up without endangering the other And what are mingled but as the Chaffe and the Corn which need but a Fanne to sift and sever them So much therefore for the first Point of no Reformation to be admitted at all For the Second Point that there should be but one form oâ— Discipline in all Churches And that imposed by necessity of a Commandement and prescript out of the word of God It is a Matter Volumes have been compiled of and therefore cannot receive a brief Redargution I for my part do confesse that in Revolving the Scriptures I could never find any such Thing But that God had left the like Liberty to the Church Government as he had done to the Civill Government To be varied according to Time and Place and Accidents which neverthelesse his high and Divine Providence doth order and dispose For all Civil Governments are restrained from God unto the general Grounds of Justice and Manners But the Policies and Forms of them are left Free So that Monarchies and Kingdoms Senates and Seignories Popular States and Communalties are lawfull And where they are planted ought to be maintained inviolate So likewise in Church Matters the Substance of Doctrine is Immutable And so are the generall Rules of Government But for Rites and Ceremonies And for the particular Hierarchies Policies and Disciplines of Churches they be left at large And therefore it is good we return unto the ancient Bounds of Vnity in the Church of God which was One Faith One Baptisme And not one Hierarchy one Discipline And that we observe the League of Christians as it is penned by our Saviour which is in substance of Doctrine this He that is not with us is against us But in Things indifferent and but of circumstance this He that is not against us is with us In these things so as the generall Rules be observed That Christs Flock be fed That there be a Succession in Bishops and Ministers which are the Prophets of the new Testament That â—here be a due and reverent use of tâ—e power of the Keyes That those that preach the Gospel live of the Gospel That all things tend to edification That all things be done in order and with decency And the like The rest is left to the Holy wiâ—dome and Spirituall Discretion of the Master Builders and inâ—eriour Builders in Christs Church As it is excellently alluded by that Father that noted That Christs Garment was without Seam and yet the Churches Gâ—rment was of divers Colours And thereupon setteth down for a Rule In veste varietas sit scissura non fit In which Variety neverthelesse it is a safe and wise Course to follow good Examples and Presidents But then by the Rule of Imitation and Example to consider not onely which are Best but which are the Likeliest as namely the Goverâ—ment of the Church in the purest Times of the first Good Emperours that embraced the Faith For the Times of Persecution before Temporall Princes received our Faith As they were excellent Times for Doctrine and Manners so they be unproper and unlike Examples of outward Government and Policie And so much for this Point Now to the particular Points of Controversies or rather of Reformation Circumstances in the Government of Bishops FIrst therefore for the Government of Bishops I for my part not prejudging the Presidents of other Reformed Churches do hold it warranted by the Word of God and by the Practise of the Ancient Church in the better Times And much more convenient for Kingdoms then Parity of Ministers and Government by Synods But then further it is to be considered that the Church is not now to plant or Build But onely to be proiâ—ed from Corruption And to be repaired and restored in some decayes For it is worth the Noting that the Scripture saith Translato Sacerdotio necesse est ut Legis fiat Translatio It is not possible in respect of the great and neer Sympathy between the State Civill and the State Ecclesiasticall to make so main an alteration in the Church but it would have a perillous operation upon the Kingdoms And therefore it is fit that Controversie be in Peace and Silence But there be two Circumstances in the Administration of Bishops Wherein I confesse I could never be satisfied The one the sole Exercise of their Authority The other the Deputation of their Authority For the First the Bishop giveth Orders alone Excommunicateth alone Iudgeth alone This seemeth to be a Thing almost without Example in good Government and therefore not unlikely to have crept in in the degenerate and corrupt Times We see the greatest Kings and Monarchs have their Councells There is no Temporall Court in England of the Higher sort where the Authority doth rest in one person The Kings Bench Common Pleas and the Exchequer are Benches of a certain Number of Judges The Chancellour of England hath an Assistance of twelve Masters of the Chancery The Master of the Wards hath a Councell of the Court So hath the Chancellour of the Dutchy In the Exchecquer Chamber the Lord Treasurer is joyned with the Chancellour and the Barons The Masters of the Requests are ever more then One. The Iustices of Assise are two The Lord Presidents in the North and in Wales have Councells of divers The Star-Chamber is an Assembly of the Kings Privy Counâ—ell aspersed with the Lords Spirituall and Temporall So as in Courts the principall Person hath ever eitheâ— Colleagues or Assessours The like is to be found in other well governed Common-Wealths abroad where the Iurisdiction is yet more dispersed As in the Court of Parliament of France And in other places No man will deny but the Acts that passe the Bishops Iurisdiction are of as great Importance as those that passe the Civil Courts For Mens Souls are more precious then their Bodies or Goods And so are their Good Names Bishops have their Infirmities have no Exception from that generall Malediction which is pronounced against all Men Living Vae Soli nam si ceciderit c. Nay we see that the fiâ—st Warrant in Spirituall Causes is directed to a Number Dic Ecclesiae which is not so in Temporall Matters And we see that in generall Causes of Church Government there are as well Assemblies of all the Clergy in Councells as of all the States in Parliament Whence should this sole exercise of Jurisdiction come Surely I do suppose and I think â—pon good Ground That Ab Initio non fuit ita
And that the Deans and Chapters were Councells about the Sees and Chairs of Bishops at the first And were unto them a Presbytery or Consistory And intermedled not onely in the Disposing of their Revenues and Endowments but much more in Iurisdiction Ecclesiasticall But it is probable that the Deans and Chapters stuck close to the Bishops in Matters of Profit and the World and would not loose their Hold But in Matters of Jurisdiction which they accounted but Trouble and Attendance they suffered the Bishops to encroach and usurp And so the one continueth and the other is lost And we see that the Bishop of Rome Fas enim ab Hoste doceri And no question in that Church the first Instituâ—ions were excellent performeth all Ecclesiasticall Iurisdiction as in Consistory And whereof consisteth tâ—is Consisâ—ory but of the Parish Priests of Rome which term themselves Cardinals à Cardinibus Mundi Because the Bishop pretendeth to be universall over the whole World And hereof again we see many shadowes yet remaining As that the Dean and Chapter pro formâ chooseth the Bishop which is the Highest Point of Iurisdiction And that the Bishop when he giveth Orders if there be any Ministers casually present calleth them to joyn with him in Imposition of Hands and some other Particulars And therefore it seemeth to me a Thing Reasonable and Religious and according to the first Institution that Bishops in the greatest Causes and those which require a Spirituall Discerning Namely in Ordaining Suspending or Depriving Ministers In Excommunication being restored to the true an proper Use As shall be afterwards touched In sentencing the Validity of Marriages and Legitimations In Iudging Causes Criminous as Symony Incest Blasphemy and the like Should not proceed sole and unassisted Which Point as I understand it is a Reformation that may be planted sine Strepiâ—u without any Perturbation at all And is a Matter which will give strength to the Bishops Countenance to the inferior Degrees of Pelates or Ministers And the better Issue or proceeding to those Causes thaâ— shall pâ—sâ—e And as I wish this strength given to the Bishops by Councell so it is not unworthy your Majesties Consideration whether you sâ—all not think fit to give strength to the generall Councell of your Clergy the Convocation House which was then restrained when the State of the Clergy was thought a Suspected Part to the Kingdome in Regard of their late Homage to the Bishop of Rome Which State now will give place to none in their Loyalty and Devotion to your Majesty For the Second Point which is the Deputation of their Authority I see no perfect and sure Ground for that neither Being somewhat different fâ—om the Examples and Rules of Government The Bishop exerciseth his Iurisdiction by his Chanceller and Commissary Officiall c. We see in all Lawes in the world Offices oâ— Confidence and skill cannot be put over nor exercised by Deputyâ— Except it be especially contained in the Originall Graunt And in that case it is dutifull And for Experience there was never any Chanceller of England made a Deputy There was never any Iudge in any Court made a Deputy The Bishop is a Iudge and of a high Nature whence commeth it that he should deputeâ— Considering that all Trust and Confidence as was said is personall and Inherent And cannot nor ought not be transposed Surely in this again Ab Initio non fuit sic But it is probable that Bishops when they gave themselves too much to the Glory of the World and became Grandees in Kingdomes and great Councellers to Princes then did they deleague their proper Iurisdictions as Things of too inferiour a Nature for their Greatnesse And then after the Similitude and Imitation of Kings and Counts Palatine they would have their Chancellers and Iudges But that Example of Kings and Potentates giveth no good Defence For the Reasons why Kings administer by their Iudges although themselves are Supream Iudges are two The one because the Offices of Kings are for the most part of Inheritance And it is a Rule in all Lawes that Offices of Inheritance are rather Matters that Ground in Interest then in Confidence For as much as they may fall upon Women upon Infants upon Lunaticks and Ideots persons incapable to Execute Iudicature in Person And therefore such Offices by all Lawes might ever be exercised and administred by Delegation The Second Reason is because of the Amplitude of their Jurisdictions Which is a great as either their Birth-right from their Ancestours or their Sword-right from God maketh it And therefore if Moses that was Governer over no great People and those collected together in a Camp And not scattred in Provinces and Cities Himself of an extraordinary Spirit Was neverthelesse not able to suffice and hold out in person to judge the People But did by the advise of Iethro approved from God substitute Elders and Iudges how much more other Kings and Princess There is a Third Reason likewise though not much to the present purpose And that is That Kings either in respect of the Common-wealth or of the Greatnesse of their own Patrimonies are usually Parties in Suites And then their Iudges stand indifferent between Them and the Subject But in the Case of Bishops none of these Reasons hold For first their Office is Elective and for Life and not Patrimoniall or Hereditary An Office meerly of Confidence Science and Qualification And for the Second Reason it is true that their Iurisdiction is Ample and Spacious And that their Time is to be divided between the Labours As well in the Word and Doctrine as in Government and Iurisdiction But yet I do not see supposing the Bishops Courts to be used incorruptly and without any indirect course held to multiply Causes for gain of Fees But that the Bishop might very well for Causes of Moment supply his Iudiciall Function in his own Person For we see before our Eyes that one Chanceller of England dispatcheth the Suites in Equity of the whole Kingdome which is not so much by reason of the Excellency of that Rare Honourable Person which now holdeth the place But it was ever so though more or lesse burdenous to the Suiter as the Chanceller was more or lesse able to give dispatch And if Hold be taken of that which was said before that the Bishops Labour in the Word must take up a principall Part of his Time so I may say again that Matters of State have ever taken up most of the Chancellers Time Having been for the most part Persons upon whom the Kings of this Realm have most relyed for Matters of Councell And therefore there is no Doubt but the Bishop whose Circuit is lesse ample and the Causes in Nature not so multiplying with the Help of References and Certificates to and from fit Persons for the better Ripening of Causes in their mean proceedings And such ordinary Helps incident to Iurisdiction May very well suffice his Office But yet there
therefore that the Treason was as De praesenti But I that foresee that if that Course should be held when it commeth to a publick day to disseminate to the Vulgar an Opinion that your Majesties Case is all one as if you were de Facto particularly and exprâ—sâ—y Excommunicate it would but encrease the danger of your Person with those that are Desperate Papists And that it is needless Commended my Lords Diligence but withall put it by And fell upon the other Course which is the true way That is that whosoever shall affirm in Diem or sub Conditione that your Majesty may be destroyed is a Traytor de praesenti For that he maketh you but Tennant for Life at the will of another And I put the Duke of Buckinghams Case who said That if the King caused him to be arrested of Treason he would stab him And the Case of the Imposturess Elizabeth Barton that said That if King Henry the 8. took not his Wife again Katharine Dowager he should be no longer King And the like It may be these particulars are not worth the Relating But because I find nothing in the World so important to your Service as to have you throughly inâ—ormed the Ability of your Direction considered it maketâ— me thus to doe Most humbly praying your Majesty to admonish me if I be over-troublesom For Peacham the rest of my Fellowes are ready to make their Report to your Majesty at such time and in such manner as your Majâ—sty shall require it My Self yesterday took my Lord Cooke aside after the rest were gone and told him all the rest were ready and I was now to require his Lordships Opinion according to my Commission He said I should have it And repeated that twice or thrice as thinking he had gone too farr in that kinde of Negative to deliver any Opiâ—ion apart before And said he would tell it me within a very short time though he were not that instant ready I have tossed this Business in omnes partes whereof I will give your Majesty knowledge when time serveth God preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter to the King about a Certificate of my Lord Cooke Feb. 14. 1614. It may please your excellent Majesty I Send your Majesty enclosed my Lord Cookes Answers I will not call them Rescripts Much less Oracles They are of his own hand and offered to me as they are in writing though I am glad of it for mine own Discharge I thought it my duty as soon as I received them instantly to send them to your Majesty And forbear for the present to speak further of them I for my part though this Muscovia Weather be a little too hard for my Constitution was ready to have waited upon your Majesty this day all respects set aside But my Lord Treasurer in respect of the season and much other Business was willing to save me I will only conclude touching these Papers with a Text Divided I can not say Oportet isthaec fieri But I may say Finis autem nondum God preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter to the King touching Matter of his Revenew and Profit April 25. 1615. It may please your Majesty I May remember what Tacitus saith by occasion that Tiberius was often and long absent from Rome In Vrbe et parvâ et magnâ Negotia Imperatorem simul premunt But saith He In recessu dimissis rebus minoris momenti summae rerum magnâ—rum magis agitantur This maketh me think it shall be no Incivility to trouble your Majesty with business during your aboad from London Knowingâ— that your Majesties Meditations are the principal wheel of your Estate And being warranted from a former Commandement which I received from you I doe now onely send your Majesty these Papers enclosed because I doe greatly desire so farr forth to preserve my credit with you as thus That whereas lately perhaps out of too much Desire which induceth too much beleef I was bold to say that I thought it as easie for your Majesty to come out of Want as to goe forth of your Gallery your Majesty would not take me for a Dreamer or a Projectour I send your Majesty therefore some Grounds of my Hopes And for that Paper which I have gathered of Increasments sperate I beseech you to give me leave to think that if any of the particulars doe fail it will be rather for want of workmanship in those that shall deal in them than want of Materials in the Things themselves The other Paper hath many Discarding Cards And I send it chiefly that your Majesty may be the less surprized by Projectors who pretend sometimesâ— great Discoveries and Inventions in Things that have been propounded and perhaps after a better fashion long since God Almighty preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter to the King reporting the Day of Hearing of I. S. his Cause in the Starre-Chamber 29 April 1615. It may please your excellent Majesty I. S. his Day is past and well past I hold it to be Ianus Bifrons It hath a good Aspect to that which is past And to the Future And doth both â—atisfie and prepare All did well My Lord Chief Iustice delivered the Law for the Benevolence strongly I would he had done it timely Mr. Chanceller of the Exchequer spake finely somewhat after the manner of my late Lord Privy Seal Not all out so sharply but as elegantly Sir Thomas Lake who is also new in that Court did very well familiarly and Counseller-like My Lord of Pembroke who is likewise a stranger there did extraordinarily well and became himself well and had an evident Applause I meant well also And because my Information was the Ground having spoken out of a few Heads which I had gathered For I seldom doe more I set down as soon as I came home cursorily a Frame of that I had said Though I perswade my self I spake it with more life I have sent it to Mr. Murray sealed If your Majesty have so much idle time to look upon it it may give some light of the Dayes work But I most humbly pray your Majesty to pardon the Errours God preserve you ever Your Majesties most humble Subject and devoted Servant A Letter to the King concerning the New Company August 12. 1615. It may please your most excellent Majesty YOâ—r Maâ—esty shall shortly receive the Bill for the Incorporation of the New Company together with a Bill for the Privy Seal being a Dependancy thereof For this Morning I subscribed and doâ—keâ—â—ed them both I think it therefore now time to repreâ—sent to your Majesties high wisdom that which I conceive and have had long in my minde concerning your Majesties service and honourable profit in this Business This Project which hath proceeded from a worthy Service of the Lord Treasurer I have from the beginning
Company to carry out Cloathes Dyed and Dressed Custom-free Which will still continue as a glorious Beam of your Majesties Royal Design I hope and Wish at least that this which I have written may be of some use to your Majesty to settle by the Advice of the Lords about you this great Business At the least it is the Effect of my Care and poor Ability which if in me be any it is given me to no other end but faithfully to serve your Majesty God ever preserve you Your Majesties most humble Subject and bounden Servant Another Letter to Sir George Villiers touching a Motion to swear him Counseller February 27. 1615. SIR I humbly pray you not to think me over-hasty or much in Appetite if I put you in Remembrance of my Motion of strengthening me with the Oath and Trust of a Privy Counseller Not for mine own strength For as to that I thank God I am armed within but for the Strength of my Service The Times I submit to you who knoweth them best But sure I am there were never Times which did more require a Kings Atturneâ— to be well armed and as I said once to you to wear a Gauntlet and not a Glove The Arraignments when they proceed The Contention between the Chancery and Benchâ— The great Cause of the Rege inconsulto which is so precious to the Kings Prerogative Diverse other Services that concern the Kings Revenew and the Repair of his Estate Besides it pleaseth his Majesty to accept well of my Relations touching his Business which may seem a kind of Interloping as the Merchants call it for one that is no Counseller But I leave all unto you thinking my Self infinitely bounden unto you for your great Favours The Beams whereof I see plainly reflect upon me even from others So that now I have no greater Ambition than this That as the King sheweth Himself to you the best Master so I mought be found your best Servant In which Wish and Vow I shall ever rest Most devoted and affectionate to obey your Commands A Letter to the King upon some Inclination of his Majesty to him for the Chancellers Place April 1. 1616. It may please your most excellent Majesty THe last day when it pleased your Majesty to express your Self towards me farr above that I can deserve or could expect I was surprized by the Princes comming in I most humbly pray your Majesty to accept these few Lines of Acknowledgement I never had great Thought for my Self further than to maintain those great Thoughts which I confess I have for your Service I know what Honour is And I know what the Times are But I thank God with me my Service is the Principal And it is farr from me under Honourable Pretences to cover base Desires which I account then to be when Men referr too much to Themselves especially serving such a King I am afraid of Nothing but that the Master of the Horse your Excellent Servant and I shall fall out who shall hold your Stirrop best But were you Mounted and Seated without Difficulties and Distastes in your Business as I desire and hope to see you I should ex animo desire to spend the Decline of my years in my Studies Wherein also I should not forget to doe him Honour who besides his Active and Politique Vertues is the best Penn of Kings Much more the best Subject of a Penn. God ever preserve your Majesty Your Majesties most humble Subject And more and more obliged Servant A Letter to Sir George Villiers touching his Swearing Counseller May 30. 1616. SIR The time is as I should think now or never â—or his Majesty to finish his good Meaning towards me If it please him to consider what is past and what is to come If I would tender my Profit and oblige Men unto me by my Place and Practice I could have more profit than I could devise And could oblige all the World and offend none which is a brave Condition for a Mans Private But my Heart is not on these Tâ—ings Yet on the other side I would be sorry that worthless Persons should make a Note that I get Nothing but Pains and Enemies And a little Popular Reputation which followeth me whether I will or no. If any thing be to be done for your self I should take infinite Contentment that my Honour might wait upon yours But I would be loath it should wait upon any Man 's else If you would put your strength to this Business it is done And that done many Things more will begin God keep you ever I rest Your true and devoted Servant A Letter to Sir George Villiers upon the Choice his Majesty gave him whether he would be sworn Counseller or have Assurance to succeed the Chanceller Iune 3. 1616. SIR The King giveth me a noble choice And you are the Man my Heart ever told me you were Ambition would draw me to the latter part of the Choice But in respect of my hearty wishes that my Lord Chanceller may live long And the small Hopes I have that I shall live long my Self And above all because I see his Majesties Service daily and instantly bleedeth Towards which I perswade my Self vainly perhaps but yet in mine own thoughts firmly and constantly that I shall give when I am of the Table some effectual Furtherance as a poor Thred of the Labyrinth which hath no other Vertue but an united Continuance without Interruption or Distraction I doe accept of the former to be Counseller for the present and to give over pleading at Barr Let the other Matter rest upon my Proof and his Majesties Pleasure and the Accidents of Time For to speak plainly I would be loath that my Lord Chanceller to whom I owe most after the King and your Self should be locked to his Successour for any Advancement or Gracing of me So I ever remain Your true and most devoted and obliged Servant To his very Honourable good Friend Sir George Villiers Master of the Horse to his Majesty and of the most Noble Order of the Garter Iune 12. 1616. SIR I send his Majesty a Draught of the Act of Counsel concerning the Iudges Letter penned as near as I could to his Majesties Instructions received in your presence I then told his Majesty my Memory was not able to keep way with his And therefore his Majesty will pardon me for any Omissions or Errours And be pleased to supply and reform the same I am preparing some other Materials for his Majesties excellent Hand concerning Business that is comming on For since his Majesty hath renewed my Heart within me methinks I should double my endeavours God ever preserve and prosper you I rest Your most devoted and bounden Servant A Letter to Sir George Villiers for the Restoring of Doctor Burgis to preach Iune 12. 1616. SIR I doe think you may doe your self Honour and that which is more doe a good Work if you will assist and perfect a Motion
many wayes And namely to make a Breach between Scotland and England her Majesties Forces were again in the year 1582. by the Kings best and truest Servants sought and required And with the Forces of her Maâ—esty prevailed so far as to be possessed of the Castle of Edenborough the principall part of that Kingdome which neverthelesse her Majesty incontinently with all Honour and Sincerity restored After she had put the King into good and faithfull Hands And so ever since in all the Occasions of Intestine Troubles whereunto that Nation hath been ever subject she hath performed unto the King all possible good Offices and such as he doth with all good Affection acknowledge The same House of Cuise under Colour of Alliance during the Raign of Francis the second and by the Support and practâ—â—â— of the Queen Mother who desiring to retain the Regency under her own Hands during the Minority of Charles the ninth used those of â—uise as a Counterpoise to the Princes of the Bloud obtained also great Authority in the Kingdome of France whereupon having raised and moved Civill Warrs under preâ—ence of Religion But indeed to enfeeble and depresse the Ancient Nobility of that Realm The contrary Part being compounded of the Bloud Royall and the Greatest Officers of the â—rown opposed themselves onely against their Insolency And to their Aides called in her Majesties Forces giving them for security the Town of New-Haven which neverthelesse when as afterwards having by the Reputation of her Majesties Confederation made their Peace in Effect as they would themselves They would without observing any Conditions that had passed have had it back again Then indeed it was held by force and so had been long but for the great Mortality which it pleased God to send amongst our Men. After which time so far was her Majesty from seeking to sowe or kindle New Troubles As continually by the Sollicitation of her Embassadours she still perswaded with the Kings both Charles the 9th and Hen. the 3d to keep and observe their Edicts of Pacification and to preserve their Authority by the Union of their Subjects which Counsell if it had been as happily followed as it was prudently and sincerely given France had been at this day a most Flourishing Kingdome which is now a Theater of Misery And now in the end after that the Ambitious Practises of the same House of Guise had grown to that Ripeness that gathering further strength upon the weakness and Misgovernment of the said King Hen. 3d He was fain to execute the Duke of Guise without Ceremony at Bloys And yet neverthelesse so many Men were embarqued and engaged in that Conspiracy as the Flame thereof was nothing asswaged But contrarywise that King Hen. grew distressed so as he was enforced to implore the Succours of England from her Majesty Though no way interessed in that Quarrell Nor any way obliged for any good offices she had received of that King yet she accorded the same Before the Arrivall of which Forces the King being by a sacrilegious Iacobine murthered in his Camp near Paris yet they went on and came in good time for the Assistance of the King which now raigneth The Justice of whose Quarrell together with the long continued Amity and good Intelligence which her Majesty had with him hath moved her Majesty from time to time to supply with great Aides And yet she never by any Demand urged upon him the putting into her Hands of any Town or Place So as upon this that hath been said let the Reader judge whether hath been the more Just and Honourable Proceeding And the more free from Ambition and Passion towards other States That of Spain or that of England Now let us examine the proceedings reciproque between themselves Her Majesty at her Comming to the Crown found her Realm entangled with the Wars of France and Scotland her nearest Neighbours which Wars were grounded onely upon the Spaniards Quarrell But in the pursuit of them had lost England the Town of Calice Which from the 21. year of King Edward 3 had been possessed by the Kings of England There was a meeting near Burdeaux towards the end of Queen Maries Raign between the Commissioners of France Spain and England and some Overture of Peace was made But broke off upon the Article of the Resâ—itution of Callice After Queen Maries Death the King of Spain thinking himself dischaâ—ged of that Difficulty though in hoâ—our he was no lesse bound to it then before renewed the like Treaty wherein her Majesty concurred so as the Commissioners for the said Princes met at Chasteau Cambraâ—ssi near Cambray In the proceedings of which Treaty it is true that at the first the Commissioners of Spain for form and in Demonstration onely pretended to stand firm upon the Demand of Calliceâ— but it was discerned indeed that the Kings Meaning was after â—ome Ceremonies and perfunctory Insisting thereupon to grow apart to a â—eace with the French excluding her Majesty And so to leave her to make her own Peace after her People Had made his Wars Which Covert Dealing being politickly looked into her Majesty had reason being newly invested in her Kingdom And of her own Inclination being affected to Peace To conclude the same with such Conditions as she mought And yet the King of Spain in his Dissimulation had so much Advantage as she was fain to do it in a Treaty apart with the Frâ—nch whereby to one that is not informed of the Counsels and Treaties of State as they passed it should seem to be a voluntary Agreement of her Majesty whereto the King of Spain would not be party whereas indeed he left her no other choice And this was the first Assay or Earnest penny of that Kings good affection to her Majesty About the same time when the King was sollicited to renew such Treaties and Leagues as had passed between the two Crowns of Spain and England by the Lord Cobham sent unto him to acquaint him with the Death of Queen Mary And afterwards by Sir Thomas Challenor and Sir Thomas Chamberlain successively Embassadours Resident in his Low Countries Who had order divers times during their Charge to make Overtures thereof both unto the King and certain principall persons about him And lastly those former Motions taking no effect By Viscount Montacute and Sir Thomas Chamberlain sent unto Spain in the year 1560 no other Answer could be had or obtained of the King but that the Treaties did stand in as good Force to all Intents as new Ratification could make them An Answer strange at that time but very conformable to his Proceedings since which belike even then were closely smothered in his own Breast For had he not at that time some hidden Alienation of Mind and Design of an Enemy towards her Majesty So wise a King could not be ignorant That the Renewing and Ratifying of Treaties between Princes and States do adde great Life and Force both of Assurance to the parties themselves
and Countenance and Reputation to the World besides And have for that cause been commonly and necessarily used and practised In the Message of Viscount Montacute it was also contained that he should crave the Kings Counsell and Assistance accorâ—ing to Amity and good Intelligence upon a Discovery of certain pernicious Plots of the House of Guise to annoy this Realm by the way of Scotland whereunto the Kings Answer was so Dark and so cold as Nothing could be made of it Till he had made an Exposition of it himself by effects in the expresse Restraint of Munition to be carried out of the Low-Countries unto the Siege of Leith Because our Nation was to have supply thereof from thence So as in all the Negotiations that passed with that King still her Majesty received no satisfaction but more and more suspiâ—ious and Bad Tokens of evill affection Soon after when upon that Project which was disclosed before the King had resolved to disannull the Liberties and Priviledges unto his Subjects the Netherlands anciently belonging And to establish amongst them a Marshall Government which the People being very Wealthy And inhabiting Townes very strong and Defensible by Fortifications both of Nature and the Hand could not endure there followed the Defection and revolt of those Countries In which Action being the greatest of all those which have passed between Spain and England the Proceeding of her Majesty hath been so Just and mingled with so many Honourable Regards as Nothing doth so much clear and acquite her Majesty not only from Passion bâ—t also from all Dishonourable Pollicy For first at the beginning of the Troubles she did impart unto Him faithfull and sincere Advise of the Course that was to be taken for the quietting and appeasing them And expresly forewarned both himself and such as were in principall Charge in those Countries during the Warsâ— of the danger like to ensue if he held so heavy a Hand over that People leâ—â— they should cast themselves into the Arms of a Stranger But finding the Kings Mind so exulcerate as he rejâ—cted all Counsell that tended to Mild and Gracious proceeding her Majesty neverthelesse gave not over her Honourable Resolution which was if it were possible to reduce and reconcile those Countries unto the obedience of their Naturall Soveraign the King of Spain And if that mought not be yet to preserve them from alienating themselves to a Ferrain Lord As namely unto the French with whom they much treated And amongst whom the Enterprise of Flanders was ever propounded as a Mene to unite their own Civill Dissensions Bâ—t patiently temporizing expected the good effect which Time mought breed And whensoever the States grew into Extremitieâ— of Despair and thereby ready to embrace the Offer of any Forrainer Then would her Majesty yield them some Relief of Moneyâ— or permit some Supply of Forces to go over unto them To the end to interrupt such violent Resolution And still continued to mediate unto the King some Just and Honourable Capitulations of Grace and Accord Such as whereby alwayes should have been preserved unto him such Interest and Authority as He in Iustice â—ould claim Or a Prince moderately minded would seek to have And this Course she held interchangeably seeking to mitigate the Wrath of the King and the Despair of the Countries Till such Time as after the Death of the Duke of Anjou Into whose Hands according to her Majesties prediction but against her good liking they had put themselves The Enemy pressing them the united Provinces were received into her Majesties Protection which was after such Time as the King of Spain had discovered himself not onely an Implacable Lord to them but also a proâ—essed Enemy unto her Majesty having actually invaded Ireland â—nd designed the Invasion of England For it is to be noted thaâ— the like Offers which were then made unto her Majesty had been made to her long before but as long as her Majesty conceived any Hope either of Making their Peace Or entertaining her own with Spain she would never hearken thereunto And yet now even at last her Majesty retained a singular and evident Proof to the World of her Justice and Moderation In that she refused the Inheritance and Soveraignty of those Goodly â—rovinces which by the States with much Instance was pressed upon her and being accepted would hâ—ve wrought greater Contentment and Satisfaction both to her People and theirs Being Countries for the Scite Wealth Commodity of Traffick Affection to our Nation Obedience of the Subjects well used most convenient to have been annexed to the Crown of England And withall one Charge Danger and Offence of Spain onely took upon her the Defence and Protection of their Liberties Which Liberties and Priviledges are of that Nature as they may justly esteem themselves but Conditionall Subjects to the King of Spain More justly then Aragon And may make her Majesty as justly esteem the ancient Confederacies and Treaties with Burgundy to be of Force rather with the People and Nation then with the Line of the Duke because it was never an Absolute Monarchy So as to summe up her Majesties Proceedings in this great Action they have but this That they have sought first to restore them to Spain Then to keep them from Strangers And never to purchase them to Her Self But during all that time the King of Spain kept one tenour in his Proceedings towards her Majesty Breaking forth more and more into Injuries and Contempts Her Subjects trading into Spain have been many of them Burned Some cast into the Gallies Others have died in Prison without any other Crimes committed but upon Quarrells pickt upon them for ther Religion here at home Her Merchants at the Sack of Antwerpe were diverse of them spoyled and put to their Ransomesâ— though they could not be charged with any Part-taking Neither upon the Complaint of Doctor Wilson and Sir Edward Horsey could any Redresse be had A generall Arrest was made by the Duke of Alva of English mens both Goods and Persons upon pretence that certain Ships stayed in this Realm laden with Goods and Money of certain Merchants of Genoa belonged to that King which Money and Goods was afterwards to the uttermost value restored and payed back Whereas our Men were far from receiving the like Iustice on their side Doctor Man her Majesties Embassadour received during his Legation sundry Indignities himself being Removed out of Madrid and Lodged in a Village As they are accustomed to use the Embassadours of Moores His Sonn and Steward forced to assist at a Mass with Tapers in their Hands Besides sundry other Contumelies and Reproaches But the Spoyling or Damnifying of a Merchant Vexation of a Common Subject Dishonour of an Embassadour Were rather but Demonstrations of ill Disposition then Effects If they be compared with Actions of State Wherein He and his Ministers have sought the Overthrow of this Government As in the year 1569. when the Rebellion in the North part of