he mean it because the Turk seemeth to affect us for the Abolishing of Images Let him consider then what a Scandall the Matter of Images hath been in the Church As having been one of the principall Branches whereby Mahumetisme entred Page 65. he saith Cardinall Allen was of late very near to have been elected Pope Whereby he would put the Catholicks here in some hope that once within Five or Six years For a Pope commonly sitteth no longer he may obtaâ—n that which he mâ—ssed narrowly This is a direct Abuse For it is certain in all the Conclaves since Sixtus Quintus who gave him his Hat he was never in possibility Nay the King of Spain that hath patronized the Church of Rome so long as he is become a right Patron of it In that he seeketh to present to that See whom he liketh yet never durst strain his Credit to so desperate a Point as once to make a Canvass for him No he never nominated him in his Inclusive Narration And those that know any Thing of the Respects of Conclaves know that he is not Papable First because he is an Vltramontane of which sort there hath been none these Fifty years Next because he is a Cardinall of Almes of Spain and wholly at the Devotion of that King Thirdly because he is like to employ the Treasure and Favours of the Popedom upon the Enterprises of England And the Relief and Advancement of English Fugitives his Necessitous Countryâ—men So as he presumed much upon the Simplicity of the Reader in this point as in many more Page 55. and again Page 70. he saith His Lordship Meaning the Lord Burleigh Intendeth to match his Grandchild Mr. William Cecill with the Lady Arbella Which being a meer Imagination without any Circumstance at all to enduce it More then that they are both unmarried And that their years agree well Needeth no Answer It is true that his Lordship being no Stoicall Vnnaturall Man but loving towards his Children For Charitas Reip. incipit à Familiâ Hath been glad to match them into Honourable and Good Bloud And yet not so but that a private Gentleman of Northampton shire that lived altogether in the Country was able to bestow his Daughters higher then his Lord. hath done But yet it is not seen by any Thing past that his Lordship ever thought or affected to match his Children in the Bloud Royall His Lordships Wisedom which hath been so long of Gathering teacheth him to leave to his Posterity rather Surety then Danger And I marvaile where be the Combinations which have been with Great Men And the Popular and Plausible Courses which ever accompany such designes as the Libeller speaketh of And therefore this Match is but like unto that which the same Fellow concluded between the same Lady Arbella and the Earl of Leicesters Son when he was but a Twelve-Moneth old Pag. 70 he saith He laboureth incessantly with the Queen to make his Eldest Son Deputy of Ireland As if that were such a Catch Considering all the Deputiâ—â— since her Majesties times except the Earl of Sussex and the Lord Grey have been persons of meaner Degree then Sir Thomas Cecillis And the most that is gotten by that place is but the Saving and putting up of a Man 's own Revenue's during those years that he serveth their And this perhaps to be saved with some Displeasure at his Return Pag. eadem he saith He hath brought in his Second Son Sir Robert Cecill to be of the Counsell who hath neither Wit nor Experience Which Speech is as notorious an untruth as is in all the Libell For it is confessed by all Men that know the Gentleman that he hath one of the Rarest and most Excellent Wits of England with a singular Delivery and Application 〈◊〉 the same whether it be to use a Continued Speech Or to Negotiate Or to touch in Writing or to make Report Or discreetly to consider of the Circumstances And aptly to draw Things to a Point And all this joyned with a very good Nature and a great Respect to all Men as is daily more and more revealed And for his Experience it is easie to think that his Trayning and Helps hath made it already such as many that have served long prentishood for it have not attained the like So as if that be true Qui Beneficium Digno dat omnes obligat Not his Father onely but the State is bound unto her Majesty for the choice and Employment of so sufficient and worthy a Gentleman There be many other Follies and Absurdities in the Book which if an Eloquent Scholler had it in Hand he would take Advantage thereof and justly make the Authour not onely Odious but Ridiculous and Contemptible to the World But I passe them over and even this which hath been said hath been vouchsafed to the vallue and Worth of the Matter and not the worth of the Writer who hath handled a Theam above his Compasse 8. Of the Height of Impudency that these Men are grown unto in publishing and Avouching untruths with a particular Recitall of some of them for an Assay THese Men are grown to a singular Spirit and Faculty in Lying and Abusing the world such as it seemeth although they are to purchase a particular Dispensation for all other Sins yet they have a Dispensation Dormant to lie for the Catholique Cause which moveth me to give the Reader a Tast of their Vntruths such as are written and are not meerly grosse and palpable Desiring him out of their own Writings when any shall fall into his Hands to encrease the Rowle at least in his own Memory We retain in our Calenders no other Holy-dayes but such as have their Memorials in the Scriptures And therefore in the Honour of the Blessed Virgin we onely receive the Feasts of the Annunciation and the Purification Omitting the other of the Conception and the Nativity Which Nativity was used to be celebrated upon the 8th of Septemb the Vigill whereof hapned to be the Nativity of our Queen which though we keep not Holy yet we use therein certain Civill Customes of Ioy and Gratulation As Ringing of Bells Bonfires and such like And likewise make a Memoriall of the same Day in our Calender whereupon they have published That we have expunged the Nativity of the Blessed Virgin and put in stead thereof the Nativity of our Queen And further that we sing certain Hymnes unto her used to be sung unto our Lady It hapned that upon some Bloud-shed in the Church of Paules according to the Canon Law yet with us in force the said Church was interdicted and so the Gates shut up for some few Dayes whereupon they published that because the same Church is a place where People use to meet to walk and confer the Queens Majestie after the manner of the Ancient Tyrants had forbidden all Assemblies and Meetings of People together And for that Reason upon extreme Jealousie did cause Paules Gates to be shut up The
or Senses but the very Groanes and Complaints tâ—emselves of your Commons more truly and vively then by Representation For there is no Grievance in your Kingdome so generall so continuall so sensible and so bitter unto the common Subject as this whereof we now speak Wherein it may pleâ—se your Majesty to vouchsafe me leave First to set forth unto you the dutifull and respective Carriage of our proceeding Nâ—xt the substance of our Petition And Thirdly some Reasons and Motives which in all Humbleness we do offer to your Majesties Royall Consideration or Commiseration we assuring our selves that never King raigned that had better Notions of Head and Motions of Heart for the Good and Comfort of his loving Subjects For the first In the Course of Remedy which we desire we pretend not nor intend not in any sort to derogate from your Majesties Prerogative Nor to touch diminish or question any your Majesties Regalities or Rights For we seek nothing but the Reformation of Abuses and the Execution of former Laws whereunto we are born And although it be no strange Thing in Parliament for new Abuses to crave new Remedies yer nevertheless in these Abuses which if not in Nature yet in extremity and Heigth of them are most of them new we content our selves with the old Laws Onely we desire a Confirmation and Quickening of them in their Execution So far are we from any Humour of Iâ—novation or Incroachment As to the Court of the Green-Cloâ—h ordained for the Provision of your Majesties most Honourable Houshold we hold it Ancient we hold it Reverent Other Courts respect your Politick Person but that respects your Naturall Person But yet notwithstanding most Excellent King to use that Freedom which to Subjects that poure out their Griefs before so gracious a King is allowable we may very well alledge unto your Majesty a Comparison or Simitude used by one of the Fathers in another Matter And not unfitly representing our Case in this point And it is of the Leaves and Roots of Netâ—les The Leaves are venomous and stinging where they touch The Root is not so but â—s without Venome or Malignity and yet it is that Root that bears and supports all the Leaves To come now to the substance of our Petition It is no other then by the Benefit of your Majesties Laws to be relieved of the Abuses of Purveyors Which Abuses do naturally divide themselves into three sorts The first they take in Kind that they ought not to take The second they take in Quâ—ntity a far greater proportion then commeth to your Majesties Use. The Third they take in an unlawfull manner In a manner I say directly and expresly prohibited by divers Laws For the First of these I am a little to alter their Name For instead of Takers they become Taxers Instead of taking Provision for your Majesties service they tax your people ad redimendam vexationem Imposing upon them and extoâ—ting from them divers sums of Money sometimes in gross sometimes in the nature of Stipends annually paid Ne noceant to be freed and eased of their oppression Again they take Trees which by Law they cannot do Timber-Trees which are the Beauty Countenance and Shelter of Mens Houses That Men have long spared from their own purse and profit That Men esteem for their use and delight above ten times the value That are a Loss which Men cannot repair or recover These do they take to the Defacing and Spoyling of your Subjects Mansions and Dwellinâ—s Except they may be compounded with to their own Appetites And if a Gentleman be too hard for them while he is at home They will watch their time when there is but a Bayliffe or a Servant remaining And put the Axe to the Root of the Tree ere ever the Master can stop it Again they use a strange and most unjust Exaction In causing the Subjects to pay Poundage of their own Debts due from your Majesty unto them So as a poor Man when he hath had his Hay or his Wood or his Poultry which perchance he was full loath to part with and had for the Provision of his own Family and not to put to Sale taken from him And that not at a just Price but under the value And commeth to receive his Mony he shall have after the rate of 12. pence in the Pound abated for Poundage of his due Payment upon so hard Conditions Nay further they are grown to that extremity as is affirmed though it be scarce credible save that in such Persons all things are Credible that they will take double Poundage Once when the Debentur is made And â—gain the second time when the Money is paid For the second Point most Gracious Soveraign touching the Quantity which they take far above that which is answered to your Majesties use they are the onely Multipliers in the world They have the Art of Multiplication For it is affirmed unto meâ— by divers Gentlemen of good report and Experience in these Causes as a Matter which I may safely avouch before your Majesty To whom we owe all Truth as well of Information as Subjection That there is no Pound Profit which redoundeth to your Majesty in this Course But induceth and begetteth three Pound damage upon your Subjects besides the Discontentment And to the end they may make their Spoil more securely what do they whereas divers Statutes do stricâ—ly provide that whatsoever they take shall be registred and attested To the end that by making a Collation Of that which is taken from the Countrey and that which is answered above their Deceits might appear They to the end to obscure their Deceits utterly omit the Observation of this which the Law prescribeth And therefore to descend if it may please your Majesty to the Third sort of Abuse which is of the unlawfull Manner of their Taking whereof this Question is a Branch It is so manifold as it rather asketh an Enumeration of some of the Particulars then a prosecution of all For their Price By Law they ought to take as they can agree with the Subject By Abuse they take at an imposed and enforced Price By Law they ought to make but one Aprizement by Neighbours in the Countrey By Abuse they make a second Aprizement at the Court Gate And when the Subjects Cattell come up many Miles lean and out of Plight by reason of their Travell then they prize them anew at an abated price By Law they ought to take between Sun and Sun By Abuse they take by Twilight and in the Night time A Time well chosen for Malefactours By Law they ought not to take in the High wayes A place by your Majesties high prerogative protected And by Statute by speciall words excepted By abuse they take in the wayes in Contempt of your Majesties prerogative and Laws By Law they ought to shew their Commission And the Form of Commission is by Law set down The Commissions they bring down are against the Law
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
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 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
no unity in Believing except it be entertained in worshipping Such as were the Controversies of the East and West Churches touching Images And such as are many of those between the Church of Rome and Vs As about the Adoration of the Sacrament and the like But we contend about Ceremonies and Things Indifferent About the Extern Pollicy and Government of the Church In which kind if we would but remember that the Ancient and True Bounds of Unity are One Faith One Baptism And not One Ceremony One Pollicy If we would observe the League amongst Christians that is penned by our Saviour He that is not against us is with us If we could but comprehend that Saying Differentiae Rituum commendant unitatem Doctrinae The Diversities of Ceremonies do set forth the unity of Doctrine And that Habet Religio quae sunt AEternitatis habet quae sunt Temporis Religion hath parts which belong to Eternity and parts which pertain to Time And if we did but know the vertue of silence and slowness to speak commended by Saint Iames Our Controversies of themselves would close up and grow togeâ—her But most especially if we would leave the Overweening and Turbulent Humours of these times And revive the blessed proceeding of the Apostles and Fathers of the Primitive Church which was in the like and greater Cases not to enter into Assertions and Positions but to deliver Counsels and Advises we should need no other Remedy at all Si eadem Conâ—ulis frater quae affirmas consulenti debetur Reverentia cum non debeatur Fides affirmanti Brother if that which you set down as an Assertion you would deliver by way of Advise There were Reverence due to your Counsell whereas Faith is not due to your Affirmation Saint Paul was content to speak thus Ego non Dominus I and not the Lord Et secundum Consilium meum According to my Counsell But now Meâ— do too lightly say Non ego sed Dominus Not I but the Lord yea and bind it with an Heavy Denunciation of his Judgements to terrifie the simple which have not sufficiently understood out of Salomon That the Causelesse Curse shall not come Therefore seeing the Accidents are they which breed the peril and not the Things themselves in their own Nature It is meet the Remedies be applyed unto them by Opening what it is on either part that keepeth the Wound Green And formalizeth both sides to a further Oppoâ—â—tion and worketh an Indisposition in Mens minds to be reunited wherein no Accusation is pretended But I find in Reason that Peace is best built upon a Repetition of wrongs And in Example that the speeches which have been made by the wisest Men De Concordia Ordinum have not abstained from reducing to Memory the Extremities used on both parts So as it is true which is said Qui pacem tractat non is repetit Conditionibus Dissidiis is magis Aniâ—mos Hominum dulcedine pacis fallit quam aequitate componit And First of all it is more then Time that there were an End and surseance made of this Immodest and Deformed manner of Writing lately entertained whereby Matter of Religion is handled in the stile of the Stage Indeed bitter and earnest Writing must not hastily be condemned For Men cannot contend Coldly and without affection about Things which they hold Dear and Precious A Pollitick Man may write from his Brain without Touch and Sense of his Heart As in a Speculation that appertaineth not unto him But a Feeling Christian will expresse in his words a Character of Zeal or Love The latter of which as I could wish rather embraced being more proper for these Times yet is the Former warranted also by great Examples But to leave all Reverent and Religious Compassion towards Evils or Indignation towards Faults and to turn Religion into a Comedy or Satyre To search and rip up wounds with a Laughing Countenance To intermix Scripture and scurrility sometime in one Sentence Is a thing far from the devout Reverence of a Christian and scant beseeming the honest Regard of a sober Man Non est major Confusio quam Scrii Ioci There is no greater Confusion then the confounding of Iest and Earnest The Majesty of Religion and the Contempt and Deformity of things ridiculous are things as distant as things may be Two principall Causes have I ever known of Atheisme Curious Controversies and prophane Scoffing Now that these two are joyned in one no doubt that Sect will make no small Progression And here I do much esteem the Wisdome and Religion of that Bishop which replied to the first Pamphlet of this kind who remembred that a Fool was to be answered but not by becomming like unto him And considered the Matter which he handled and not the Person with whom he dealt Iob speaking of the Majesty and Gravity of a Iudge in himself saith If I did smile they believed it not As if hâ— should have said If I diverted or glanced upon Conceit of Mirth yet Mens Minds were so possessed with a Reverence of the Action in hand as they could not receive it Much more ought not this to be amongst Bishops and Divines disputing about Holy Things And therefore as much do I mislike the Invention of him who as it seemeth pleased himself in it as in no mean Pollicy That these Men are to be dealt withall at their own Weapons and pledgâ—d in their own Cup. This seemed to him as profound a Devise as when the Cardinall Sansovino counselled Iulius the second to encounter the Councell of Pisa with the Councell of Lateran Or as Lawfull a Challenge as Mr. Iewell made to confute the pretended Catholiques by the Fathers But those Things will not excuse the Imitation of Evill in another It should be contrariwise with us as Caesar said Nil malo quam eos similes esse sui Et me mei But now Dum de bonis contendimus de Malis consentimus While we Differ about good things we Resemble in evill Surely if I were asked of these Men who were the more to be blamed I should per case remember the Proverb That the second Blow maketh the Fray And the saying of an Obscure Fellow Qui replicat multiplicat He that replieth multiplieth But I would determine the Question with this Sentence Alter principium Malo dedit alter Modum abstulit By the ones Means we have a Beginning and by the other we shall have none End And truly as I do marvell that some of those Preachers which call for Reformation whom I am far from wronging so far as to joyn them with these Scoffers Do not publish some Declaration whereby they may satisfie the world that they dislike their Cause should be thus sollicited So I hope assuredly that my Lords of the Clergy have none Intelligence with this interlibelling But do altogether disallow that their Credit should be thus defended For though I observe in one of them many Glosses whereby the Man would
there and a Councell of Plantation here Wherein I warrant my self by the President of the like Councell of Plantation for Virginia An enterprise in my Opinion differing as much from this as Amadis de Gaule differs from Caesars Commentaries But when I speak of a Councell of Plantationâ— I mean some Persons chosen by way of Reference Upon whom the Labour may rest To prepare and report Things to the Councell of Estate here that concern that Businesse For although your Majesty have a grave and sufficient Councell in Iâ—eland From whom and upon whom the Commissioners are to have Assistance and Dependance yet that supplies not the Purpose whereof I speak For considering that upon the Advertisements as well of the Commissioners as of the Councell of Ireland it self There will be many Occasions to crave Directions from your Majesty and your Privy Councell here which are busiâ—d with a world of Affaires It cannot but give greater Expedition and some better Perfection unto some Directions and Resolutious If the Matters may be considered of afore hand by such as may have a continuall Care of the Cause And it will be likewise a Comfort and Satisfaction to some Principall Vndertakers if they may be admitted of that Councell Secondly there is a Clause wherein the Vndertakers are restrained that they shall execute the Plantation in Person from which I must dissent if I will consent with the Grounds I have already taken For it is not probable that Men of great Meanes and Plentifull Estates will indure the Travaile Diseasements and Adventures of going thither in Person But rather I suppose Many will undertake Portions as an Advancement for their Younger Children or Kinsâ—olks Or for the Sweetnesse of the Expectation of a great Bargaine in the end when it is overcome And therefore it is like they will imploy Sons Kinsfolks Servants or Tenants And yet be glad to have the Estate in themselves And it may be some again will joyn their Purses together And make as it were a Partner-ship or Ioynt-Adventure And yet man forth some one Person by consent for the Executing of the Plantation Thirdly there is a Main Point wherein I fear the Project made hath two much of the Line and Compass And will not be so naturall and easie to Execute Nor yet so Politick and Convenient And that is that the Buildings should be Sparsim upon every Portion And the Castle or Principall House should draw the Tenements and Farmes about it as it were into Villages Hamlets or â—ndships And that there should be only Foure Corporate Townes for the Artificers and Trades-Men My Opinion is that the Building be altogether in Townes to be compounded as well of Husbandries as of Arts. My Reasons are First when Men come into a Country Vast and Void of all Things necessary for the use of Mans Life If they set up together in a Place one of them will the better supply the wants of another Work Folkes of all sorts will be the more continually on work without Losse of Time When if Work faile in one Place they may have it fast by The Wages will be maâ—e more passible for Carriages to those Seats or Townes then they can be to a Number of dispersed Solitary Places And infinite other helps and Easements scarcely to be comprehended in Cogitation will ensue in Vicinity and Society of People Whereas if they build scattered as is projected Every Man must have a Cornu-Copia in himself for all Things he must use Which cannot but breed much Difficulty and no lesse Wast Secondly it will draw out of the Inhabited Country of Ireland Provisions and Victualls and many necessaries because they shall be sure of Utterance Whereas in the Dispersed Habitations every Man must reckon onely upon that that he brings with him As they do in Provisions of Ships Thirdly the Charge of Bawnes as they call them to be made about every Castle or House may be spared when the Habitations shall be congregated onely into Towns And lastly it will be a Means to secure the Country against future Perils in case of any Revolt and Defection For by a slight Fortification of no great Charge the danger of any Attempts of Kierns and Sword-Men may be prevented The Omission of which Point in the last Plantation of Munâ—ter made the Work of years to be but the Spoyle of Dayes And if any Man think it will Draw People too far off from the Grounds they are to labour It is to be understood that the Number of the Towns be encreased accordingly And likewise the Situation of them be as in the Center in respect of the Portions assigned to them For in the Champian Countries of England where the Habitation useth to be in Towns and not dispersed it is no new Thing to go two Miles off to Plow part of their Grounds And two Miles Compasse will take up a good Deal of Countrey The fourth Point is a Point wherein I shall differ from the Project rather in Quantity and Proportion then in Matter There is allowed to the undertaker within the five years of Restraint to alien a third part in Fee Farm And to Demise another for fourty years which I fear will mangle the Portions And will be but a shift to make money of two parts Whereas I am of Opinion the more the first undertaker is forced to keep in his own Hands the more the Work is like to prosper For First the Person liable to the State here to perform the Plantation is the Immediate Vndertaker Secondly the more his Profit dependeth upon the Annuall and Springing Commodity The more Sweetnesse he will find in putting forward Manurance and Husbanding of the Grounds And therefore is like to take more care of it Thirdly since the Natives are excluded I do not see that any persons are like to be drawn over of that Condition as are like to give Fines and undertake the Charge of Building For I am perswaded that the People transported will consist of Gentlemen and their Servants And of Labourers and Hindes And not of Yeomen of any wealth And therefore the Charge of Building as well of the Tenements and Farmes as of the Capitall Houses themselves is like to rest upon the Principall Vndertakers which will be recompenced in the end to the full and with much advantage if they make no long Estates or Leases And therefore this Article to receive some Qualification Fifthly I should think it requisite that Men of Experience in that Kingdome should enter into some particular Consideration of the Charges and Provisions of all kindes that will be incident to the Plantation To the end that thereupon some Advise may be taken for the Furnishing and Accommodating them most conveniently Aiding private Industry with publick Care and Order Thus I have expressed to your Majesty those simple and weakâ— Cogitations which I have had in my Self touching this Cause Wherein I most humbly desire your pardon and gracious acceptance of my good
Garment as unworthy the Wearing as his service that sends it But the Approach to your Excellent Person may give Worth to both which is all the Happinesse I aspire unto A Letter of Advice to thâ— Earl of Essex to take upon him the Care of Irish Causes when Mr. Secretary Cecill was in Fraunce My singular good Lord I Doe write because I had no time fully to expresse my Conceit to your Lordship touching Irish Affairs considering them as they may concern your Lordship Knowing that you will consider them as they may concern the State That it is one of the aptest particulars that hath come or can come upon the Stage for your Lordship to purchase Honour upon I am moved to think for 3. Reasons Because it is ingenerate in your House in respect of my Lord your Fathers Noble Attempts Because of all the Actions of State on foot at this time the Labour resteth most in that particular And because the World â—ill make a kinde of Comparison between those that set it out of Frame and those that bring it into Frame which kind of Honour giveth the quickest kind of Reflection The Transferring this Honour upon your self consisteth in 2. points The one if the Principal Persons employ'd come in by you and depend upon you The other if your Lordship declare your self and profess to undertake a Care of that Kingdom For the Persons it falleth out well that your Lordship hath had no Interest in the Persons of Imputation For neithâ—r Sir William Fitz-Williams nor Sir Iohn Norrice was yours Sir William Russell was conceived yours but was curbed Sir Coniers Clifford as I conceive it dependeth on you who is said to do well And if my Lord of Ormond in this Intâ—rim doth accommodate things well as it is said he doth I take it hâ— hath alwayes had good Understanding with your Lordship So as all Things hitherto are not only whole and entire but of favourable Aspect towards your Lordship if hereafter you choose well Concerning the Care of Businesse the general and popular Conceit hath been that Irish Causes have been much neglected wâ—ereby the Reputation of better Care will put Life into them But for a Beginning and Key to that which shall follow It were good your Lordship would have some large and serious Conference with Sir William Russell Sir Richard Bingham the Earl of Toumond and Mr. Wilbraham To know their Relation of the past Their Opinion of the present and Their Advise for the future For the Points of Apposing them I am too much a Stranger to the Businesse to deduce them But in a general Topique methinks the pertinent Interrogations must be Either of the Possibility and Means of Accord or of the Nature of the Warre or of the Reformation of Abuses Or of the joyning of Practice with Force in the Disunion of the Rebells If your Lordship doubt to put your Sickle into anothers Harvest First Time brings it to you in Mr. Secretaries Absence Next being mixt with matter of Warre it is fittest for you And lastly I know your Lordship will carry it with that Modesty and Respect towards Aged Dignity And that good Correspondence towards my dear Kinsman and your good Friend now abroad as no Inconvenience may grow that way Thus have I played the Ignorant Statesman Which I doe to No Body but your Lordship except to the Queen sometimes when she traine's me on But your Lordship will accept my Duty and good Meaning And secure me touching the privatenesse of that I write A Letter of Advice to the Earl of Essex upon the first Treaty with Tyrone 1598 before the Earl was nominated for the Charge of Ireland My very good Lord COncerning the Advertisements which your Lordship imparted to me touching the State of Ireland for willing Duties sake I will set down to your Lordship what Opinion sprang in my Minde upon that I read The Letter from the Counsel there leaning to mistrust and disswade the Treaty I do not much rely on for 3. Causes First because it is alwayes the Grace and the Safety of such a Counsell to erre in Caution whereunto add that it may be they or some of them are not without Envy towards the Person who is used in treating the Accord Next because the Time of this Treaty hath no shew of Dissimulation For that Tyrone is now in no straights but he is more like a Gamester that will give over because he is a Winner than because he hath no more Money in his Purse Lastly I do not see but those Articles whereupon they ground their Suspicion may as well proceed out of Fear as out of Falsehood For the Retaining the Dependance of the Vriâ—ghts The protracting the Admission of a Sheriff The Refusing to give his Sonne for an Hostage The Holding off from present Repair to Dublin The Refusing to goe presently to Accord without including Odonnell and other his Associates May very well come of an Apprehension in case he should receive hard measure And not out of Treachery So as if the great Person you write of be faithfull And that you have not heard some present Intelligence of present Succours from Spain For the Expectation whereof Tyrone would win time I see no deep Cause of Distrusting this Course of Treaty if the main Conditions may be good For her Majesty seemeth to me to be a Winner thereby 3. wayes First her Purse shall have some Rest Next it will divert the Forein Designes upon the Place Thirdly though her Majesty be like for a time to govern but precariò in the North And be not as to a true Command in better state there than before yet besides the two respects of Ease of Charge and Advantage of Opinion abroad before mentioned she shall have a time to use her Princely policy in 2. points to weaken them The one by Division and Disunion of the Heads The other by Recovering and Winning the People from them by Iustice which of all other Courses is the best Now for the Athenian Question you discourse well Quid igitur agendum est I will shoot my Fools Bolt since you will have it so The Earl of Ormond to be incouraged and comforted Above all Things the Garrisons to be instantly provided for For Opportunity maketh a Theef And if he should mean never so well now yet such an Advantage as the Breaking of her Majesties Garrisons might tempt a true Man And because he may as well waver upon his own Inconstancy as upon Occasion And wanton Variablenesse is never restrained but by Fear I hold it necessary he be menaced with a strong Warr Not by Words but by Musters and preparations of Forces here in case the Accord proceed not But none to be sent over lest it disturb the Treaty and make him look to be over-run as soon as he hath laid away Arms. And but that your Lordship is too easie to passe in such Cases from Dissimulation to Verity I think if your Lordship
Relapse Mean while I commend the Wit of a mean Man that said this other day Well the next Term you shall have an old man come with a Beesom of Wormwood in his Hand that will sweep away all this For it is my Lord Chancellers Fashion specially towards the Summer to carry a Posie of Wormwood I write this Letter in Haste to return your Messenger with it God keep you and long and happily may you serve his Majesty Sir I thank you for your Inward Letter I have burned it as you commanded But the Fire it hath kindled in me will never be extinguished Your true and affectionate Servant A Letter to Sir George Villiers touching a Motion to swear him Counsellerâ— Febr. 21. 1615. SIR My Lord Chancellers Health growing with the Dayes and his Resignation being an Uncertainty I would be glad you went on with my first Motion my swearing Privy Counseller This I desire not so much to make my Self more sure of the other and to put it past Competition For herein I rest wholly upon the King and your excellent self But because I finde hourly that I need this Strength in his Majesties service Both â—or my better warrant and satisfaction of my Conscience that I deal not in Things above my Vocation And for my better Countenance and Prevailing where his Majesties service is under any pretext opposed I would it were dispatched I remember a greater Matter than this was dispatched by a Letter from Royston which was the Placing of the Arch-Bishop that now is And I imagine the King did it on purpose that the Act mought appear to be his own My Lord Chanceller told me yesterday in plain Terms that if the King would ask his opinion touching the Person that he would commend to succeed him upon Death or Disability he would name me for the fittest Man You may advise whether use may not be made of this offer I sent a pretty while since a Paper to Mr. Iohn Murrey which was indeed a little Remembrance of some Things past concerning my honest and faithfull Services to his Majesty Not by way of Boasting from which I am farr but as Tokens of my studying his Service uprightly and carefully If you be pleased to call for the Paper which is with Mr. Iohn Murrey And to find a fit time that his Maiesty may cast an eye upon it I think it will doe no Hurt And I have written to Mr. Murrey to deliver the Paper if you call for it God keep you in all Happiness Your truest Servant A Letter to the King concerning the Premunire in the Kings Bench against the Chancery Febr. 21. 1615. It may please your most excellent Majesty I Was yesterday in the Afternoon with my Lord Chanceller according to your Commandement which I received by the Master of the Horse And finde the Old Man well comforted Both towards God and towards the World and that same middle Comfort which is Divine and Humane proceeding from your Majesty being Gods Lieutenant on Earth I am perswaded hath been a great Cause that such a Sickness hath been portable to such an Age. I did not fail in my Conjecture that this Businessâ— of the Chancery hath stirred him He sheweth to despise it but he is full of it And almost like a young Duellist that findeth himself behind hand I will now as your Majesty requireth give you a true Relation of that which hath passed Neither will I decline your Royal Commandement for delivering my Opinion also though it be a tender Subject to write on But I that account my Being but as an Accident to my service will neglect no duty upon Self-Safety First it is necessary I let your Majesty know the Ground of the Difference between the Two Courts that your Majesty may the better understand the Narrative There was a Statute made 27 Edw. 3. Cap. 1. which no doubt in the principal Intention thereof was ordained against those that sued to Romeâ— wherein there are Words somewhat general against any that questioneth or impeacheth any Iudgement given in the Kings Courts or in any other Court. Vpon thesâ— doubtfull words other Courts the Controversie groweth For the sounder Interpretation taketh them to be meant of those Courts which though locally they were not held at Rome or where the Popes Chair was but hâ—re within the Realm yet in their Iurisdiction had their Dependance upon the Court of Rome As were the Court of the Legate here and the Courts of the Arch-Bishops and Bishops which were then but subordinate Judgement Seats to that high Tribunal of Rome And for this Construction the Opposition of the Words if they be well observed between the Kings Courâ—s and other Courts maketh very much For it importeth as if those other Courts were not the Kings Courts Also the main Scope of the Statute fortifieth the same And lastly the Practice of many Ages The other Interpretation which cleaveth to the Letter expoundeth the Kings Courts to be the Courts of Law only and other Courts to be Courts of Equity as the Chancery Exchequer-chamber Dutchy c. Though this also flyeth indeed from the Letter for that all these are the Kings Courts There is also another Statute which is but a simple Prohibition and not with a Penalty of a Premunire as the other is That after Iudgements given in the Kings Courts the parties shall be in Peace except â—he Iudgement be undone by Error or Attaint which is a Legal form of Reversal And of this also I hold the Sounder Interpretation to be to settle Possessionsâ— against Disturbances and not to take away Remedy in Equity where those Iudgements are obtained ex Rigore Iuris and against good Conscience But upon these two Statutes there hath been a late Conceit in some that if a Judgement pass at the Common Law against any that he may not after â—ue for Relief in Chancery And if he doth both He and his Counsell and his Sollicitours yea and the Iudge in Equity himself are within the Danger of those Statutes Here your Majesty hath the true state of the Question which I was necessarily to open to you first because your Majesty calleth for this Relation Not as Newes but as Business Now to the Historical part It is the Course of the Kings Bench that they give in Charge to a Grand Iury offences of all Natures to be presented within Middlesex where the said Court is And the manner is to enumerate them as it were iâ— Articles This was done by Iustice Crook the Wednesday before the Term ended And that Article If any Man after a Iudgement given had drawn the said Iudgement to a new Examination in any other Court was by him specially given in charge which had not used to be given in charge before It is true it was not solemnly dwelt upon but as it were thrown in amongst the rest The last day of the Term And that which all Men condemn the supposed last day of my Lord Chancellers