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A58844 Scrinia Ceciliana, mysteries of state & government in letters of the late famous Lord Burghley, and other grand ministers of state, in the reigns of Queen Elizabeth, and King James, being a further additional supplement of the Cabala.; Scrinia Ceciliana. Bacon, Francis, 1561-1626.; Burghley, William Cecil, Baron, 1520-1598.; Sidney, Philip, Sir, 1554-1586.; Throckmorton, Nicholas, Sir, 1515-1571. 1663 (1663) Wing S2109; ESTC R10583 213,730 256

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of Praemunire preferred into the Kings Bench but not found is not so much as is noised abroad though I must say it was Omni tempore nimium hoc tempore alienum And therefore I beseech Your Majesty not to give any believing ear to Reports but to receive the Truth from me that am Your Attorney General and ought to stand indifferent for Jurisdictions of all Courts which account I cannot give Your Majesty now because I was then absent and some are now absent which are properly and authentically to inform me touching that which passed Neither let this any way disjoint Your other business for there is a time for all things and this very accident may be turned to good not that I am of opinion that that same cunning Maxim of Separa Impera which sometimes holdeth in persons can well take place in Jurisdictions but because some good occasion by this excess may be taken to settle that which would have been more dangerous if it had gone on by little and little God preserve Your Majesty Your Majesties most humble Subject and most bounden Servant Febr. 15. 1615. Sir Francis Bacon the Kings Attorney to the King giving some Account touching the Commendams It may please Your most Excellent Majesty I Am not swift to deliver anything to your Majesty before it be well weighed But now that I have informed my self of as much as is necessary touching this proceeding of the Judges to the Argument of the Commendams notwithstanding your Majesties pleasure signified by me upon your Majesties Commandment in presence of my Lord Chancellor and the Bishop of Winchester to the contrary I do think it fit to advertise your Majesty what hath passed the rather because I suppose the Judges since they performed not your Commandment have at least given Your Majesty their reasons of their failing therein I begin to answer for the doing of Your Majesties Commandment and they for the not doing I did conceive that in a cause that concern'd Your Majesty and your Royal power the Judges having heard your Attorney General argue the Saturday before would of themselves have taken further time to be advised And if I fail not in memory my Lord Coke received from Your Majesties self as I take it a precedent commandment in Hillary term That both in the Rege inconsulto and in the Commendams your Attorney should be heard to speak and then stay to be made of further proceeding till my Lord had spoken with your Majesty Nevertheless hearing that the day appointed for the Judges Argument h●ld contrary to my expectation I sent on Thursday in the evening having received Your Majesties Commandment but the day before in the afternoon a Letter to my Lord Coke whereby I let him know that upon some Report of my Lord of Winchester who by Your Commandment was present at my Argument of that which passed it was Your Majesties express Pleasure that no further proceeding should be until Your Majesty had confer'd with Your Judges which Your Majesty thought to have done at Your being now last in Town but by reason of Your many and weighty occasions Your Princely times would not serve and that it was Your Pleasure he should signifie so much to the rest of the Judges whereof his Lordship might not fail His answer by word to my Man was That it were good the rest of the Judges understood so much from my self Whereupon I that cannot skill in scruples in matter of Service did write on Friday three several Letters of like Content to the Judges of the Common Pleas and the Barons of the Exchequer and the other three Judges of the Kings Bench mentioning in that last my particular Letter to my Lord Chief Justice This was all I did and thought all had been sure insomuch as the same day being appointed in Chancery for Your Majesties great Cause followed by my Lord Hunsdon I writ two other Letters to both the Chief Justices to put them in mind of assisting my Lord Chancellor at the hearing And when my Lord Chancellor himself took some notice upon that occasion openly in the Chancery that the Commendams could not hold presently after I heard the Judges were gone about the Commendams which I thought at first had been only to adjourn the Court But I heard after that they proceeded to Argument In this their doing I conceive they must either except to the nature of the Commandment or to the credence thereof both which I assure my self Your Majesty will maintain For if they should stand upon the general ground Nulli negabimus nulli differemus Justitiam it receiveth two Answers The one that reasonable and mature advice may not be confounded with delay and that they can well alledge when it pleaseth them The other that there is a great difference between a Case meerly between Subject and Subject and where the Kings interest is in question directly or by consequence At for the Attorneys Place and Commission it is as proper for him to signifie the Kings Pleasure to the Judges as for the Secretary to signifie the same to the Privy Councel and so hath it ever been These things were a little strange if there came not so many of them together as the one maketh the other seem less strange But Your Majesty hath fair occasions to remedy all with small aid I say no more for the present I was a little plain with my Lord Coke in these matters and when his answer was That he knew all these things I said he could never profit too much in knowing himself and his duty Sir Francis Bacon his Advertisement touching an Holy War to the Right Reverend Father in God Lancelot Andrews Lord Bishop of Winchester and Councellor of Estate to His Majesty My Lord AMongst consolations it is not the least to represent a mans self like examples of calamity in others For Example gives a quicker impression then Arguments and besides they certifie us of that which the Scripture also tendereth for satisfaction That no new thing is happened unto us This they do the better by how much the Examples are liker in circumstances to our own case and more especially if they fall upon persons that are greater and worthier then our selves For as it savoureth of vanity to match our selves highly in our own conceit so on the other side it is a good sound conclusion That if our betters have sustained the like events we have the less cause to be grieved In this kind of consolation I have not been wanting to my self though as a Christian I have tasted through Gods great goodness of higher remedies Having therefore through the variety of my reading set before me many examples both of ancient and latter times my thoughts I confess have chiefly stayed upon three particulars as the most eminent and the most resembling all three persons that had held chief place of Authority in their Countreys all three ruined not by war or by any other disaster
entertainments in Forrein parts It had been an easie thing for you to set Carlile or some other blood-hound on work when your person had been beyond the Seas and so this news might have come to you in a packet and you might have looked on how the storm would pass but God bereaved you of this fore-sight and bound you here under that hand of a King that though abundant in Clemenev vet is no less ze lons of Justice Again when you came in at Lambeth you might have persisted in the denial of the procurement of the fact Carlile a resolute man might perhaps have cleared you for they that are resolute in mischief are commonly obstinate in concealing their porcurers and so nothing should have been against you but presumption But then also God to take away all obstructions of Justice gave you the grace which ought indeed to be more true comfort to you than any device whereby you might have escaped to make a clear and plain Confession Other impediments there were not a few which might have been an interruption to this dayes Justice had not God in his Providence removed them But now that I have given God the Honour let me give it likewise where it is next due which is to the King our Sovereign This Murther was no sooner committed and brought to his Majesties ears but his just indignation wherewith he first was moved cast it self into a great deal of care and prudence to have Justice done First came forth his Proclamation somewhat of a rare Form and devised and in esfect dictated by his Majesty himself and by that he did prosecute the Offendors as it were with the breath and blast of his Mouth Then did his Majesty stretch forth his long Arms for Kings have long Arms when they will extend them one of them to the Sea where he took hold of Grey shipped for Luedia who gave the first light of Testimony the other Arm to Scotland and took hold of Carlile ere he was warm in his house and brought him the length of his Kingdom under such safe watch and custody as he could have no means to escape no nor to mischief himself no nor learn no lessons to stand mute in which case perhaps this dayes Justice might have received a stop so that I may conclude his Majesty hath shewed himself Gods true Lieutenant and that he is no Respecter of persons but English Scottish Noblemen Fencer are to him alike in respect of Justice Nay I must say further That his Majesty hath had in this a kind of Prophetical Spirit for what time Carlile and Grey and you my Lord your self were fled no man knew whether to the four winds the King ever spake in a confident and undertaking manner That wheresoever the Offenders were in Europe he would produce them forth to Justice of which noble word God hath made him Master Lastly I will conclude towards you my Lord That though your Offence hath been great yet your Confession hath been free and your behaviour and speech full of discretion and this shews That though you could not resist the Tempter yet you bear a Christian and generous spirit answerable to the noble Family of which you are descended This I commend in you and take it to be an assured Token of God smercy and favour in respect whereof all worldly things are but Trash and so it is fit for you as your state now is to account them and this is all I will say for the present My Lady Shrewsburies Cause Your Lordships do observe the Nature of this Charge MY Lady of Shrewsbury a Lady wise and that ought to know what duty requireth is charged to have refused and to have persisted in refusal to answer and to be examined in a High cause of State being examined by the Council-table which is a Representative body of the King The nature of the cause upon which she was examined is an essential point which doth aggravate and encrease this contempt and presumption and therefore of necessity with that we must begin How graciously and Parent-like His Majesty used the Lady Arbella before she gave him cause of Indignation the world knoweth My Lady notwithstanding extreamly ill-advised transacted the most weighty and binding part and action of her life which is her Marriage without acquanting His Majesty which had been a neglect even to a mean Parent But being to Our Sovereign and she standing so near to His Majesty as she doth and then choosing such a Condition as it pleased her to chuse all parties laid together how dangerous it was my Lady might have read it in the fortune of that house wherewith she is matched for it was not unlike the case of Mr. Seymers Grandmother The King nevertheless so remembred He was a King as He forgot not he was a Kinsman and placed her only sub libera custodia But now did my Lady accumulate and heap up this offence with a far greater than the former by seeking to withdraw her self out of the Kings Power into Forreign Parts That this flight or escape into Forreign Parts might have been seed of trouble to this State is a matter whereof the conceit of a Vulgar person is not capable For although my Lady should have put on a mind to continue her Loyalty as nature and duty did bind her yet when she was in another sphere she must have moved in the motion of that O b and not of the Planet it self And God forbid the Kings felicity should be so little as she should not have envy and enviers enough in Forreign Parts It is true if any forreigner had wrought upon this occasion I do not doubt but the intent would have been as the Prophet saith They have conceived mischief and brought forth a vain thing But yet your Lordships know that it is Wisdom in Princes and it is a watch they owe to themselves and to their people to stop the beginnings of evils and not to despise them Seneca saith well Non jam amplius levia sunt pericula si levia videantur dangers cease to be light because by delp●sing they grow and gather strength And accordingly hath been the practice both of the Wisest and stoutest Princes to hold for matter pregnant of peril to have any near them in blood flie into Forreign Parts Wherein I will not wander but take the example of King Hen. 7. a Prince uot unfit to be parallel'd with his Majesty I mean not the particular of Perkin Werbeck for he was but an idol or a disguise but the example I mean is that of the Earl of Suffolk whom that King extorted from Philip of Austria The story is memorable That Philip after the death of Isabella coming to take Possession of His Kingdom of Castilia which was but Matrimonial to His Father in Law Ferdinando of Arragon was cast by weather upon the Coast of Tamouth where the Italian story saith King Henry used him in all things else as