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

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of justice oppresseth the People for he teacheth his Judges to sell justice and Precis parata precia vincitur justitia 11. Bounty and magnificence are vertues very Rege but a prodigall King is neerer a Tyrant then a parcimonious for store at home draweth his contemplations abroad but want supplyeth it selfe of what is next and many times the next way and herein must be wise and know what he may justly do 12. That King which is not feared is not loved and hee that is well seen in his craft must as well study to be feared as loved yet not loved for feare but feared for love 13. Therefore as he must alwayes resemble him whose great name he beareth and that in manifesting the sweet influence of his mercy on the severe stroke of his Justice sometimes so in this not to suster a man of death to live for besides that the land doth mourne the restraint of Justice towards sinne doth more retard the affection of Love then the extent of mercy doth enflame it and sure where love is bestowed feare is quite lost 14. His greatest enemies are his flatterers for though they ever speake on his side yet their words still make against him 15 The Love which a King oweth to a weale publike should not be restrained to any one perticular yet that his more speciall favour do reflect upon some worthy ones is somewhat necessary because there are few of that capacitie 16. Hee must have a speciall care of five things if he would not have his Crowne to be put on him In felix felicitatis 1. First that simulata sanctitas be not in the Church for that is duplex iniquitas 2. Secondly that inutilis equitas sit not in the Chauncery for that is ineptem misericordia 3. Thirdly that utilis iniquitas keepe not the Exchequer for that is crudele latrociniam 4. Fourthly that fidelis temeritas be not his generall for that will bring but seram penitentiam 5. Fifthly that infidelis prudentia be not his Secretary for that he is anguis sub viridi herba To conclude as he is of the greatest power so he is subject to the greatest Cares made the servant of his people or else he were without a Calling at all Hee then that honoureth him not is next an Atheist wanting the feare of God in his heart An explanation what manner of persons those should bee that are to execute the power or Ordinance of the Kings Prerogative written by the said Sir Francis Bacon late ●ord Chancellour and Lord of St. Albans THat absolute Prerogative according to the Kings pleasure revealed by his Lawes may be exercized and executed by any Subject to whom power may be given by the King in any place of Judgment or Commission which the King by his Law hath ordained in which the Judge subordinate cannot wrong the people the Law s●ying downe a measure by which every Judge should govern and execute against which law if any Judge proceed he is by the law questionable and punishable for his transgression In this nature are all the Judges and Commissioners of the Land no otherwise then in their Courts in which the King in person is supposed to sit who cannot make that trespas fellony or treason which the Law hath not made so to be neither can punish the guil●y by other punishment then the Lawes have appointed This Prerogative or power as it is over all the Subjects so being known by the Subjects they are without excuse if they offend and suffer no wrong if they be justly punished and by this Preroga●ive the King governeth all sorts of people according un●o known will The absolute Prerogative which is in Kings according to their private will and judgment cannot be executed by any Subject neither is it possible to give such power by Commission or fit to subject the People to the same for the King in that He is the Substitute of God immediatly the Father of His People and Head of the Common-wealth hath by perticipation with God and with His Subjects a discretion judgment and feeling love towards those over whom he reigneth only proper to himselfe or to His places and person who seeing he cannot in any others infuse His wisdome power or guif●s which God in respect of his place and charge hath enabled him withall can neither subordinate any other Judge to govern by that knowledge which the King can no otherwise then by his knowne will perticipate unto him And if any such subordinate Judge shall obtain Commission according to the discretion of such Judge to govern the people that Judge is bound to think that to be his sound discretion which the Law in which the Kings known will sheweth unto him to be that justice which he ought to administer otherwise he might seeme to esteeme himself above the Kings Law who wiil not govern by him or to have a power derived from other then from the King which in the kingdome will administer justice contrary unto the justice of the Land neither can such a Judge or Commissioner under the name of his authority shroud his own high affection seeing the conscience and discretion of every man is perticular and private to himself as the discretion of the Judge cannot be properly or possibly the discretion of the conscience of the King and if no● his discretion neither the judgment that is ruled by another mans only Therefore it may seeme they rather desire to be Kings then to rule the People under the King which will not administer justice by Law but by their own will This administration in a Subject is derogative to the Kings Prerogative for he administreth justice out of a private direction being not capable of a generall direction how to use the Kings children in pleasure in causes of perticular respect which if no other th●n the King himself can do how can it be so that any man should desire that which is unfit and impossible but that it must proceed out of some exorbitan affection the rather seeing such places to be full of trouble and being altogether unnecessary no man will seek to thrust himself into it but for hopes of gaine Then is not any Prerogative oppugned but maintained though it be desired that every subordinate Magistrate may not be made supreame whereby he may seale up the hearts of the people take from the King the respect due unto him only or to judge the people otherwise then the King doth himself And although the Prince be not bound to render any accompt to the Law which in person administreth it selfe yet every subordinate Judge must render an accompt to the King by his Lawes how he hath administred justice in his place where he is set But if he hath power to rule by private direction for which there is no Law how can he be questioned by a Law if in his private censure he offends Therefore it seemeth that in giving such authority the King ordaineth not
subordinate Magistrates but absolute Kings and what doth the King leave to himselfe who giveth so much to others as he hath himself Nei her is there a greater bond to tye the Subject to his Prince in perticular then when he shall have recourse unto him in his person or in his power for reliefe of the wrongs which from private men be offered or for reformation of the oppressions of any subordinate Magistrate shall impose upon the people There can be no offence in the Judge who hath power to execute according to his discretion when the discretion of any ●udge shall be thought fit to be limited And therefore there can be therein no reformation whereby the King in this useth no prerogative to gaine his Subjects right then the Subject is bound to suffer helplesse wrong and the discon●ent of the people is cast upon the King the Lawes being neglected which with their equity in all o●her causes and judgments saving this interpose themselves and yeeld remedy And to conclude Custome cannot confirme that which is any wayes unreasonable of it self Wisdome will not allow that which is many wayes dangerous and no wayes profitable Justice will not approve that Government where it cannot be but wrong must be committed Neither can there be any rule by which to try it nor meanes of reformation of it Therefore whosoever desireth Government must seek such as he is capable of not such as seemeth to himself most easie to execute for it is apparent that it is easie to him that knoweth not law nor justice to rule as he listeth his will never wanting a power to it self but it is safe and blamelesse both for the Iudge and People and honour to the King that Iudges be appointed who know the Law and that they be limited to governe according to the Law Short Notes for civill conversation by Sir Francis Bacon TO deceive mens expectations generally which Cautell argueth a staid mind and unexpected constancie viz. in matters of fear anger sudden joy or griefe and all things which may effect or alter the mind in publique or sudden accidents or such like It is necessary to use●a stedfast countenance not wavering with actions as in moving the head or hand too much which sheweth a fantasticall light and sickly operation of the spirit and co●sequently like mind as gesture only it is sufficien● with leisure to use a modest action in either In all kinds of speech either pleasant grave severe or ordinary it is convenient to speak leisurely and rather drawingly then hastily because hasty speech confounds the memory and oftentimes besides unseemlinesse drives a man either to a non-plus or unseemly stammering harping upon that which should follow wheras a slow speech confirmeth the memory addeth a conceit of wisdome to the hearers besides a seemlinesse of speech and countenance To desire in discourse to hold all arguments is ridiculous wanting true judgment for in all things no man can be exquisite To have common places to discourse and to want-variety is both tedious to the hearers and shewes a shallownesse of conceit therefore it is good to varie and my speeches with the present occasions and to have a moderation in all their speeches especially in jesting of Religion State great persons weighty and important businesse poverty or any thing deserving pitty A long continued speech without a good speech of interlocation sheweth slownesse and a good reply without a good set speech sheweth shallownesse and weaknesse To use many circumstances ere you come to the matter is wearisome and to use none at all is but blunt Bashfulnesse is a great hinderance both of uttering his conceit and understanding what is propounded unto him wherefore it is good to presse himself forwards with discretion both in speech and company of the better sort Vsus promptus facit An Essay on Death by the Lord Chancellour Bacon I Have often thought upon death and I find it the least of all evills All that which is past is as a dreame and he that hopes or depends upon time coming dreames waking so much of our life as we have discovered is already dead and all those houres which we share even from the breasts of our Mother untill we return to our Grand-mother the Earth are part of our dying dayes whereof even this is one and those that ●ucceeds are of the same nature for we dye d●yly and as others have given place to us so we must in the end give way to others Physitians in the name of Death include all sorrow anguish disease calamity or whatsoever can fall in the life of man either grievous or unwelcome But these things are familiar unto us and wee suffer them every houre therefore we dye dayly and I am older since I affirmed it I know many wisemen that fear to dy for the change is bitter 〈◊〉 and flesh would refuse to prove it besides the expectation brings terrour and that exceeds the evill But I do not believe that any man fears to be dead but only the stroke of death and such are my hopes that if Heaven be pleased and Nature renew but my lease for 21. yeares more without asking longer dayes I shal be strong enough to acknowledge without mourning that I was begotten mortall vertue walkes not in the high-way though she go per alta this is strength and the bloud to vertue to contemn things that be desired and to neglect that which is feared Why should Man be in love with his setters though of Gold Art thou drowned in security then I say though art perfectly dead For though thou movest yet thy soule is buried within thee and thy good Angell either forsakes his Guard or sleepes there is nothing under Heaven saving a true friend who cannot be counted within the number of moveables unto which my heart doth leane And this dear freedome hath begot●en me this peace that I mourn not for that end which must be nor spend one wish to have one minute added to the incertaine date of my yeares It was no mean apprehension of Lucian who sayes of Menippus that in his travels through Hell hee knew not the Kings of the Earth from other men but only by their lowder cryings and tears which was fostered in them through the remorsefull memory of the good dayes they had seen and the fruitfull havings which they so unwillingly left behind them he that was well seated looked back at his portion and was loath to forsake his Farme and others either minding marriages pleasures profit or preferment desired to be excused from Deaths banquet they had made an appointment with Earth looking at the blessings not the hand that enlarged them forgetting how unclothedly they came hither or with what naked ornaments they were arrayed But were we servants of the precept given and observers of the Heathens Rule Memento mori and not become benighted with this seeming felicity we should enjoy them as men prepaaed to loose and
should be a brand to the guilty and a crown to the vertuous You will jest at any man in publick without respect of the persons dignity or your own this disgraceth your gravity more then it can advance the opinion of your wit and so do all other acts which we see you do indirectly with any touch of vain glory having not respect to the true end You make the Law to lean a little too much to your opinion whereby you shew your self a legall Tyrant striking with that weapon whom you please since that you are able to turn the edge any way For this the wise Masters of the Law give warning to young Students that they should be wary least while they hope to be instructed by your integrity and knowledge they should be deceived with your subtilty armed with authority Your too much love of this world is seen when having the Living of ●10000 l. yearly you relieve few or none the hand that hath taken so much can it give so little Herein you shew no bowels of compassion as if you thought all too little for your self or that God had given you all that you have if you think wealth to be his gift I mean that we get well for I am sure the rest is not only to that end that you should still gather more and never be satisfied but try how much you can gather to account for at the great and generall day we desire you to amend this and let your poor Tenents in Norfolk find some comfort where nothing of your estate is spent towards their relief but all brought up hither to the impoverishing of the County In the last which might have been your best of service to the State affecting to follow that old rule to give Iustice leadon beeles and iron hands you used too many delayes till the Delinquents hands were loose and yours bound in that work you seemed another Fabius but there the humour of Marcellus would have done better What need you have sought more evidence then enough whilest you pretended the finding out of more missing your aym you discredited what you had sound Thus best judgments think though you never used such speeches are fathered upon you yet you might well have done it and done it but right for this crime was second to none but the Powder-Plot that would have blown up all at one blow a mercifull cruelty this would have done the same by degrees a lingering but as sure a way one by one might have been called out till all Opposers had been removed Besides that other Plot was scandalous to Rome making Popery odiovs to the eyes of the whole world this hath been scandalous to the truth of the Gospel and ever since the first nullity to this instant when Justice hath her hands bound the Divell could not have invented a more mischievous practise to our State and Church then this hath been is and is likely to be God avert the evill but therein you committed another fault that you were too open in your proceedings and so taught them where to defend themselves so you gave them ●…me to undermine justice and to work upon all advantages both of affections and humours and opportunities and breaches of friendship which they have so wel followed sparing neither pain nor cost that it almost seemeth an offence to you to have done so much indeed that you have done no more you stopt the accusations and confessions of some who perhaps had they been suffered would have spoken enough to remove some stumbling blocks out of your way And that you did not this in the true form of any one but out of I know not what present unadvised humour supposing enough behind to discover all which fell not out so for there is sigillum confessionis non confiteri howsoever as the Apostle saith in another case you went not right to the truth and though you are to be commended for what you did yet you are to be reprehended for many circumstances in the doing and doubtlesse in this crosse God hath an eye to your negligence and these Bryers are left to be pricks in your sides and thorns in your eyes That which we commend you for are those many excellent parts of nature and knowledge of the Laws you are endued withall but these are only good in their good use wherfore we shank you for standing stoutly on the behalf of the Common-wealth hoping it proceeds not from a disposition to oppose great Ones as your enemies say but to do justly and deliver truth indifferently wi●hout respect of persons and in this we pray for your prosperity and are sory that good actions should not ever succeed happily but in the carriage of this you were faulty for you took it in hand in an ill time both in regard of the then present businesse which it interrupted and in regard of his sicknesse who it concerned whereby you dis-united your strength and made a gap for the enemy to passe out at and to return and assault you but now since the case so stands we desire you to give way to power and so to fight as you be not utterly broken but reserved intire to serve the Common-wealth again and do what good you can since you cannot do all the good you would and since you are fallen upon this Rock cast out the goods to save the bottome stop the leak and make towards Land learn of the Steward to make friends of the unrighteous mammon Those Spaniards in Mexico who were chased of the Indians tell us what we are to do with our goods in extremity they being to passe over a River in their flight as many as cast away their goods swam over safely but some more covetous keeping their Gold were either drowned with it or over-taken and slein by the Salvages you have received learn now to give The Beaver learns us this lesson who being hunted for his stones bites them off Cantabit vacuus is an old but a true saying You cannot but have much of your estate pardon my plainnesse ill gotten Think how much you never spoke for how much by speaking either unjustly or in unjust causes account it then a blessing of God if thus it may be laid out for your good and not left for your heir to hasten the worst of much of the rest perhaps of all For so we see God oftentimes proceeds in judgment with many hasty gatherers you have enough to spare being well laid to turn the Tide and fetch all things again But if you escape J suppose it worthy of an if since you know the old use that none called in question must go away uncensured Yet consider that accusations make wounds and leave skars And although you see the toyl behind your back your Self free and the Covert before yet remember there are Flouds Trust not reconciled friends but think that the peace is but to secure you for further advantage expect a second and third