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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
of that fame and diligence saw it chiefly because I know not whether it may not serve him for some use in his Story wherein I would be glad he did right to the truth and to the memory of that Lady as I perceive by that he hath already written he is well inclined to do I would be glad also it were some occasion such as absence may permit of some acquaintance or mutual notice between us For though he hath many ways the precedence chiefly in worth yet this is common to us both that we serve our Sovereigns in places of Law eminent and not our selves only but that our Fathers did so before us and lastly that both of us love Learning and Liberal Sciences which was ever a bond of Friendship in the greatest distances of places But of this I make no farther request then your own occasions and respects to me unknown may further or limit my principal purpose being to salute you and to send you this Token whereunto I will add my very kind commendations to my Lady And so commit you both to Gods holy protection A Letter to Sir Geo. Villiers touching the difference between the Courts of Chancery and Kings Bench. Sir I Received this morning from you two Letters by the same bearer the one written before the other both after his Majesty had received my last In this difference between the two Courts of Chancery and Kings Bench for so I had rather take it at this time then between the persons of my Lord Chancellor and my Lord Chief Justice I marvaile not if rumour get way of true Relation for I know Fame hath swift wings specially that which hath black feathers but within these two days for sooner I cannot be ready I will write to his Majesty both the Narrative truly and my opinion sincerely taking much comfort that I serve such a King as hath Gods property in discerning truly of mens hearts I purpose to speak with my Lord Chancellor this day and so to exhibit that Cordial of his Majesties grace as I hope this other accident will rather rowse and raise his spirits then deject him or incline him to a relapse Mean while I commend the wit of a mean man that said this other day Well saith he next Term you shall have an old man come with a besom of Worm-wood in his hand that will sweep away all this For it is my Lord Chancellor his fashion especially towards the Summer to carry a posie of Worm-wood I writ this Letter in haste to return the Messenger with it God keep you and long and happily may you serve his Majesty Your true and affectionate servant Feb. 19. 1615. POST-SCRIPT Sir I humbly thank you for your inward Letter I have burned it as you commanded but the flame it hath kindled in me will never be extinguished Sir Francis Bacon to the King concerning the Praemunire in the Kings Bench against the Chancery It may please your most Excellent Majesty I Was yesterday in the Afternoon with my Lord Chancellor according to Your Commandment which I received by the Master of the Horse and find the old man well comforted both towards God and towards the world And that same middle comfort which is a divine and humane proceeding from your Majesty being Gods Leiutenant on earth I am perswaded hath been a great cause that such a sickness hath been portable to such an age I did not faile in my conjecture that this business of the Chancery hath stirred him He sheweth to despise it but yet he is full of it and almost like a young Duelist that findeth himself behind hand I will now as your Majesty requireth give you a true relation of that which passed neither will I decline your Royall Commandment for delivering my opinion also though it be a tender subject to write on But I that account my being but 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. Ed. 3. Cap. 1. which no doubt in the principal intention thereof was ordained against those that sued to Rome wherein there are words somewhat general against any that questioneth or impeacheth any judgement given in the Kings Courts in any other Courts Upon these doubtfull words other Courts the Controversie groweth For the founder 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 here within the Realm yet in their jurisdiction had their dependency upon the Court of Rome as were the Court of the Legat 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 Courts 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 sortifieth 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 Praemunire as the other is That after judgements given in the Kings Courts the parties shall be in Peace except the judgments be undone by Error or Attaint which is a legall form of reversall And of this also I hold the sounder interpretation to be to settle possessions against disturbances and not to take away remedy in equity where those judgments are obtained ex rigore juris and against good Conscience But upon these two Statutes there hath been a late conceipt in some that if a judgement passe at the Common-Law against any he may not after sue for relief in Chancery and if he do both he and his Councel and his Solicitor yea and the Judge in Equity himself are within the danger of those Statutes There your Majesty hath the true state of the question which I was necessarily to shew you first because your Majesty calleth for this relation not as news but as business Now to the Historical part It is the Course of the Kings Bench that they give in Charge to the Grand Jury offences of all natures to be presented within Middlesex where the said Court is and the manner is to enumerate them as it were in Articles This was done by Justice Crooke the Wednesday before the Term ended and that Article if any man after a judgement given had drawn the said judgement to a new examination in any other Court was by him
especially 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 Chancellors life there were two Indictments preferred of Praemunire for suing in Chancery after judgement at Common-Law The one by Richard Glanvile the other by William Allen the former against Courtney the party in Chancery Gibb the Councellor and Deurst the Clerk The latter against Alderman Bowles and Humphry Smith parties in Chancery Serjeant Moor the Councellor Elias Wood Sollicitor in the Cause and Sir John Tindall Master of the Chancery and an Assessor to my Lord Chancellor For the Cases themselves it were too long to trouble Your Majesty with them but this I will say If they were set on that preferred them they were the worst Workmen that ever were that set them on for there could not have been chosen two such Causes to the honour and advantage of the Chancery for the justness of the Decrees and the foulness and scandal both of fact and person in those that impeach the Decrees The Grand Jury consisting as it seemeth of very substantial and intelligent persons would not find the Bills notwithstanding that they were much clamoured by the parties and twice sent back by the Court and in Conclusion resolutely 17 of 19 found an Ignoramus wherein for that time I think Ignoramus was wiser than those that knew too much Your Majesty will pardon me if I be sparing in delivering to You some other circumstances of aggravation and concurrences of some like matters the same day as if it had been some fatal constellation They be not things so sufficiently tryed as I dare put them into Your ear For my opinion I cannot but begin with this Preface That I am infinitely sorry that Your Majesty is thus put to salve and cure not only accidents of time but errors of servants For I account this a kind of sickness of my Lord Cooke's that comes almost in as ill a time as the sickness of my Lord Chancellor And as I think it was one of the wisest parts that ever he plaid when he went down to Your Majesty to Royston and desired to have my Lord Chancellor joined with him So this was one of the weakest parts that ever he plaid to make all the World perceive that my Lord Chancellor is severed from him at this time But for that which may concern Your Service which is my end leaving other men to their own wayes First my opinion is plainly that my Lord Cooke at this time is not to be disgraced both because he is so well habituate for that which remaineth of these capital Causes and also for that which I find is in his breast touching Your Finances and matters of repair of Your Estate And if I might speak it as I think it were good his hopes were at an end in some kind so I could wish they were raised in some other On the other side this great and publick Affront not only to the Reverend and well-deserving person of Your Chancellor and at a time when he was thought to lie a dying which was barbarous but to Your High-Court of Chancery which is the Court of Your absolute power may not in my opinion pass lightly nor end only in some formal atonement but use is to be made thereof for the setling of Your Authority and strengthning of Your Prerogative according to the true Rules of Monarchy Now to accommodate and reconcile these Advices which seem almost opposite First Your Majesty may not see it though I confess it be suspitious that my Lord Cooke was any way aforehand privy to that which was done or that he did set it or animate it but only took the matter as it came before him and that his Error was only that at such a time he did not divert it in some good manner Secondly If it be true as is reported that any of the puisne Judges did stir this business or that they did openly revile and menace the Jury for doing their Conscience as they did honestly and truly I think that Judge is worthy to lose his place And to be plain with Your Majesty I do not think there is any thing a greater Polycreston ad multa utile to Your Affairs than upon a just and fit occasion to make some example against the presumption of a Judge in Causes that concern Your Majesty whereby the whole body of those Magistrates may be contained in better awe and it may be this will light upon no unfit subject of a person that is rude and that no man cares for Thirdly If there be no one so much in fault which I cannot yet affirm either way and there must be a just ground God forbid else yet I should think that the very presumption of going so far in so high a Cause deserveth to have that done which was done in this very case upon the Indictment of Serjeant Heale in Queen Elizabeth's time that the Judges should answer it upon their knees before Your Majesty or Your Councel and receive a sharp admonition at which time also my Lord Wrey being then Chief Justice slipt the Collar and was forborn Fourthly for the persons themselves Glanvile and Allen which are base Fellows and turbulent I think there will be discovered and proved against them besides the preferring of the Bill such combination and contemptuous speeches and behaviour as there will be good ground to call them and perhaps some of their petty Councellors at Law into the Star-Chamber In all this which I have said Your Majesty may be pleased to observe That I do not engage you much in the main point of the Jurisdiction for which I have a great deal of reason which I now forbear But two things I wish to be done the one That Your Majesty take this occasion to redouble unto all Your Judges Your ancient and true Charge and Rule That You will endure no innovating in the point of Jurisdictions but will have every Court impaled within their own Presidents and not assume to themselves new Powers upon conceits and inventions of Law The other That in these high Causes that touch upon State and Monarchy Your Majesty give them strait charge That upon any occasions intervenient hereafter they do not make the vulgar party to their contestations by publick handling them before they have consulted with Your Majesty to whom the reglement of those things appertaineth To conclude I am not without hope That Your Majesties managing this business according to Your great wisdom unto which I acknowledge my self not worthy to be Card-holder or Candle-holder will make profit of this accident as a thing of Gods sending Lastly I may not forget to represent to Your Majesty That there is no thinking of Arraignments until these things be somewhat accommodated and some outward and superficial
Reconciliation at least made between my Lord Chancellor and my Lord Chief Justice for this accident is a Banquet to all Somersets friends But this is a thing that falleth out naturally of it self in respect of the Judges going Circuit and my Lord Chancellors infirmity with hope of recovery And although this protraction of time may breed some doubt of mutability yet I have lately learned out of an excellent Letter of a certain King That the Sun sheweth sometimes watry to our eyes but when the Cloud is gone the Sun is as before God preserve Your Majesty Your Majesties most humble Subject and most bounden Servant Febr. 21. 1615. Your Majesties Commandment speaketh for pardon of so long a Letter which yet I wish may have a short continuance and be punished with fire A Letter to the King touching matter of Revenue and Profit It may please your Majesty I May remember what Tacitus saith by occasion that Tiberius was often and long absent from Rome In Urbe parva magna negotia Imperatorem simul premunt But saith he in recessu dimissis rebus minoris momenti summae rerum magnarum magis agitantur This maketh me think it shall be no incivility to trouble your Majesty with business during your aboad from London knowing your Majesties Meditations are the principal wheel of your estate and being warranted by a former commandment which I received from you I do now only send your Majesty these papers inclosed because I greatly desire so far forth to preserve my Credit with you as thus That whereas lately perhaps out of too much desire which induceth too much belief I was bold to say that I thought it as easie for your Majesty to come out of want as to go forth of your Gallery your Majesty would not take me for a dreamer or a projector I send your Majesty therefore some grounds of my hopes And for that paper which I have gathered of increasments sperate I beseech you to give me leave to think that if any of the particulars do fail it will be rather for want of workmanship in those that shall deal in them than want of materials in the things themselves The other paper hath many discarding cards and I send it chiefly that your Majesty may be the less surprized by projectors who pretend sometimes great discoveries and inventions in things that have been propounded and perhaps after a better fashion long since God Almighty preserve your Majesty Your Majesties most humble and devoted Servant and Subject April 25 1610. Sir Francis Bacon the Kings Attorney to the King touching the proceeding with Somerset It may please your most excellent Majesty AT my last access to your Majesty it was sit for me to consider the time and your journey which maketh me now trouble your Majesty with a remnant of that I thought then to have said besides your old Warrant and Commission to me to advertise your Majestie when you are aux champs of any thing that concern'd your service and my place I know your Majestie is Nunquam minus solus quam cum solus and I confess in regard of your great judgment unto which nothing ought to be presented but well weighed I could almost wish that the manner of Tiberius were in use again of whom Tacitus saith Mos erat quamvis praesentem scripto adire much more in absence I said to your Majestie that which I do now repeat that the Evidence upon which my Lord of Somerset standeth indicted is of a good strong thred considering impoysoning is the darkest of offences but that the thred must be well spun and woven together For your Majestie knoweth it is one thing to deal with a Jury of Middlesex and Londoners and another to deal with the Peers whose objects perhaps will not be so much what is before them in the present Case which I think is as odious to them as to the vulgar but what may be hereafter Besides there be two disadvantages we that shallgive in evidence shall meet with somewhat considerable the one that the same things often open'd lose their freshness except there be an aspersion of somewhat that is new the other is the expectation raised which makes things seem less then they are because they are less then opinion Therefore I were not your Attorney nor my self if I should not be very careful that in this last part which is the pinacle of your former Justice all things may pass sine offendiculo sine scrupulo Hereupon I did move two things which having now more fully explained my self I do in all humbleness renew First That your Majesty will be careful to chuse a Steward of Judgment that may be able to moderate the Evidence and cut off Digressions for I may interrupt but I cannot silence The other That there may be special care taken for the ordering of the Evidence not only for the knitting but for the list and to use your Majesties own word the confining of it This to do if your Majestie vouchsafe to direct it your self that is the best if not I humbly pray you to require my Lord Chancellor that he together with my Lord Chief Justice will confer with my self and my sellows that shall be used for the marshalling and bounding of the Evidence that we may have the help of his opinion as well as that of my Lord Chief Justice whose great travels as I much commend yet that same Plerophoria or over-confidence doth always subject things to a great deal of chance There is another business proper for me to crave of Your Majesty at this time as one that have in my eye a great deal of Service to be done concerning Your casual Revenue but considering times and persons I desire to be strengthned by some such form of Commandment under Your Royal Hand as I send You here inclosed I most humbly pray Your Majesty to think that I understand my self right well in this which I desire and that it tendeth greatly to the good of Your Service The Warrant I mean not to impart but upon just occasion Thus thirsty to hear of Your Majesties good health I rest Jan. 22. 1615. Sir Francis Bacon the Kings Attorney to Sir George Villiers concerning the proceeding with Somerset SIR I Thought it convenient to give His Majesty an account of that which His Majesty gave me in charge in general reserving the particulars for His coming And I find it necessary to know His pleasure in some things ere I could further proceed My Lord Chancellor and my self spent Thursday and Yesterday the whole Forenoons of both dayes in the Examination of Sir Robert Cotton whom we find hitherto but empty save only in the great point of the Treaty with Spain This Examination was taken before His Majesties Warrant came to Mr. Vice-Chamberlain for communicating unto us the Secrets of the Pensions which Warrant I received Yesterday morning being Friday and a meeting was appointed at my Lord Chancellors
in the Evening after Councel Upon which Conference we find matter of further Examination for Sir Robert Cotton of some new Articles whereupon to examine Somerset and of entring into Examination of Sir William Mounson Wherefore first for Somerset being now ready to proceed to examine him we stay only upon the Duke of Lenox who it seemeth is fallen sick and keepeth in without whom we neither think it warranted by His Majesties direction nor agreeable to His intention that we should proceed for that will want which should sweeten the Cup of Medicine he being his Countrey man and Friend Herein then we humbly crave His Majesties direction with all convenient speed whether we shall expect the Dukes recovery or proceed by our selves or that His Majesty will think of some other person qualified according to His Majesties just intention to be joined with us I remember we had speech with His Majesty of my Lord Hay and J for my part can think of no other except it should be my Lord Chancellor of Scotland for my Lord Binning may be thought too near allied I am further to know His Majesties pleasure concerning the day For my Lord Chancellor and J conceived His Majesty to have designed the Monday and Tuesday aftet St. Georges Feast and nevertheless we conceived also That His Majesty understood that the Examinations of Somerset about this and otherwise touching the Spanish practices should first be put to a point which will not be possible as time cometh on by reason of this accident of the Dukes sickness and the cause we find of Sir William Mounsons Examination and that divers of the peers are to be sent for from remote places It may please His Majesty therefore to take into consideration whether the days may not well be put off till Wednesday and Thursday after the Term which endeth on the Munday being the Wednesday and Thursday before Whitsontide or if that please not His Majesty in respect it may be His Majesty will be then in Town whereas these Arraignments have been still in His Majesties absence from Town then to take Munday and Tuesday after Trinity-Sunday being the Munday and Tuesday before Trinity Term. Now for Sir William Mounson if it be His Majesties pleasure that my Lord Chancellor and I shall proceed to the examination of him for that of the Duke of Lenox differs in that there is not the like cause as in that of Somerset then His Majesty may be pleased to direct his Commandment and Warrant to my Lord Chief Justice to deliver unto me the examinations he took of Sir William Mounson that those joyned to the information which we have received from Mr. Vice-Chamberlain may be full instructions unto us for his examination Further I pray let His Majesty know that on Thursday in the evening my Lord Chief Justice and my self attended my Lord Chancellor at his house for the setling of that scruple which His Majesty most justly conceived in the Examination of the Lady Somerset at which time resting on His Majesties opinion That that Evidence as it standeth now unclear'd must Secundum leges sanae Conscientiae be laid aside the question was Whether we should leave it out or try what a Re-examination of my Lady Somerset would produce Whereupon we agreed upon a Re-examination of my Lady Somerset which my Lord Chief Justice and I have appointed for Monday morning I was bold at that meeting to put my Lord Chief Justice a posing question which was Whether that opinion which his Brethren had given upon the whole Evidence and he had reported to His Majesty viz. That it was good Evidence in their opinions to convince my Lord of Somerser was not grounded upon this part of the Evidence now to be omitted as well as upon the rest Who answered confidently That no and they never saw the exposition of the Letter but only the Letter The same Thursday evening before we entred into this last matter and in the presence of Mr. Secretary Winwood who left us when we went to the former business we had conference concerning the frauds and abusive Grants passed to the prejudice of His Majesties State of Revenue where my Lord Chief Justice made some relation of his collections which he had made of that kind of which I will say only this that I heard nothing that was new to me and I found my Lord Chancellor in divers particulars more ready then I found him We grew to a distribution both of times and of matters For we agreed what to begin with presently and what should follow and also we had consideration what was to be holpen by Law what by Equity and what by Parliament Wherein I must confess that in the last of these of which my Lord Chief Justice made most accompt I make most doubt But the Conclusion was That upon this entrance I should advise and conferr at large with my Lord Chief Justice and set things on work The particulars I referr till His Majesties coming The learned Councel have attended me now twice at my Chamber to confer upon that which His Majesty gave us in Commandment for our opinions upon the Case set down by my Lord Chancellor whether the Statutes extend to it or no. Wherein we are more and more edified and confirmed that they do not and shall shortly send our Report to His Majesty Sir I hope you will bear me witness I have not been idle but all is nothing to the Duty I owe His Majesty for his singular favours past and present supplying all with love and prayers I rest Your true Friend and devoted Servant April 13. 1616. Sir Francis Bacon the Kings Attorney giving account of an Examination taken of Somerset at the Tower SIR I Received from you a Letter of very brief and clear directions and I think it a great blessing of God upon me and my labours that my directions come by so clear a Conduit as they receive no tincture in the passage Yesterday my Lord Chancellor the Duke of Lenox and my self spent the whole afternoon at the Tower in the examination of Somerset upon the Articles sent from his Majesty and some other additionals which were in effect contained in the former but extended to more particularity by occasion of somewhat discovered by Cottons examination and Mr. Vice-Chamberlains information He is full of protestations and would fain keep that quarter toward Spain clear using but this for Argument That he had such fortunes from his Majesty as he could not think of bettering his conditions from Spain because as he said he was no military man He cometh nothing so far on for that which concerneth the Treaty as Cotton which doth much aggravate suspicion against him The further particulars I reserve to his Majesties coming In the end tanquam obiter but very effectually my Lord Chancellor put him in minde of the state he stood in for the imprisonment but he was little moved with it and pretended carelesness of life
since ignominy had made him unfit for his Majesties service I am of opinion that the fair usage of him as it was fit for the Spanish examinations and for the questions touching the Papers and Dispatches and all that so it was no good preparative to make him descend into himself touching his present danger and therefore my Lord Chancellor and my self thought not good to insist upon it at this time I have received from my Lord Chief Justice the examinations of Sir William Mounson with whom we mean to proceed to further examination with all speed My Lord Chief Justice is altered touching the re-examination of the Lady and desired me that we might stay till he spake with his Majesty saying it could be no casting back to the business which I did approve My self with the rest of my fellows upon due and mature advice perfected our Report touching the Chancery for the receiving whereof I pray you put his Majesty in mind at his coming to appoint some time for us to wait upon him all together for the delivery in of the same as we did in our former Certificate For the Revenue matters I reserve them to his Majesties coming and in the mean time I doubt not but Master Secretary Winwood will make some kind of Report thereof to his Majesty For the conclusion of your Letter concerning my own comfort I can say but the Psalm of Quid retribuam God that giveth me favour in his Majesties eyes will strengthen me in his Majesty service I ever rest Your true and devoted Servant April 18. 1616. To requite your Post-script of excuse for scribling I pray you excuse that the Paper is not gilt I writing from Westminster Hall where we are not so fine Sir Francis Bacon the Kings Attorney to Sir George Villiers touching the proceeding with Somerset SIR I Have received my Letter from his Majesty with his marginal notes which shall be my directions being glad to perceive I understand his Majesty so well That little Charm which may be secretly infused into Somersets ear some few hours before his Tryal was excellently well thought of by his Majesty and I do approve it both for matter and time only if it seem good to his Majesty I would wish it a little enlarged For if it be no more but to spare his blood he hath a kind of proud humour which may over-work the Medicine Therefore I could wish it were made a little stronger by giving him some hope that his Majesty will be good to his Lady and child and that time when Justice and his Majesties Honour is once salved and satisfied may produce further fruit of his Majesties compassio which was to be seen in the example of Southampton whom his Majesty after attainder restor d and Cobham and Gray to whom his Majesty notwithstanding they were offendors against his own person yet spared their lives and for Gray his Majesty gave him back some part of his estate and was upon point to deliver him much more he having been so highly in his Majesties favour may hope well if he hurt not himself by his publick misdemeanor For the person that should deliver this message I am not so well seen in the Religion of his friends as to be able to make choice of a particular my Lord Treasurer the Lord Knolles or any of his neerest friends should not be trusted with it for they may go too far and perhaps work contrary to His Majesties ends Those which occur to me are my Lord Hay my Lord Burghley of England I mean and Sir Robert Carr. My Lady of Somerset hath been re-examined and His Majesty is sound both a true Prophet and a most just King in that scruple he made For now she expoundeth the word He that should send the Tarts to Helwish's wife to be of Overbury and not of Somerset But for the person that should bid her she saith it was Northampton or Weston not pitching upon certainty which giveth some advantage to the evidence Yesterday being Wednesday I spent 4 or 5 houres with the Judges whom His Majesty designed to take consideration with the four Judges of the Kings Bench of the Evidence against Somerset They all concurre in opinion that the questioning him and drawing him on to tryal is most honourable and just and that the Evidence is fair and good His Majesties Letter to the Judges concerning the Commendams was full of magnanimity and wisdome I perceive His Majesty is never less alone then when he is alone for I am sure there was no body by him to informe him which made me admire it the more The Judges have given day over till the second Saturday of the next term so as that matter may indure further consideration for His Majesty not only not to lose ground but to win ground To morrow is appointed for the examination of Somerset which by some infirmitie of the Duke of Lenox was put off from this day When this is done I will write more fully ever resting Your true and devoted servant May 2. 1616. Sir Francis Bacon the Kings Attorney to Sir George Villiers of Account and Advice to His Majesty touching Somerset's Arraignment SIR I Am far enough from opinion that the Redintegration or Resuscitation of Somersets fortune can ever stand with his Majesties honour and safety and therein I think I exprest my self fully to his Majesty in one of my former letters and I know well any expectation or thought abroad will do much hurt But yet the glimmering of that which the King hath done to others by way of talke to him cannot hurt as I conceive but I would not have that part of the Message as from the King but added by the Messenger as from himself This I remit to His Majesties Princely judgement For the person though he trust the Lieutenant well yet it must be some new man for in these cases that which is ordinary worketh not so great impressions as that which is new and extraordinary The time I wish to be the Tuesday being the even of his Ladies Arraignment For as His Majesty first conceived I would not have it stay in his stomack too long lest it sowre in the digestion and to be too neer the time may be thought but to tune him for that day I send herewithal the substance of that which I purpose to say nakedly and only in that part which is of tenderness for that I conceive was His Majesties meaning It will be necessary because I have distributed parts to the two Serjeants as that Paper doth express and they understand nothing of His Majesties pleasure of the manner of carrying the Evidence more than they may guess by observation of my Example which they may ascribe as much to my nature as to direction therefore that His Majesty would be pleased to write some few words to us all signed with His own Hand that the matter it self being Tragical enough bitterness and insulting be forborn and that
Upon this heavy Accident I pray Your Majesty in all humbleness and sincerity to give me leave to use a few words I must never forget when I moved Your Majesty for the Attorneys place it was your own sole act more then that Somerset when he knew Your Majesty had resolved it thrust himself into the business for a Fee And therefore I have no reason to pray to Saints I shall now again make oblation to your Majesty first of my heart then of my service thirdly of my place of Attorney which I think is honestly worth 16000 l. pound per annum and fourthly of my place of the Star-Chamber which is worth 1600 l. per annum and with the favuor and countenance of a Chancellor much more I hope I may be acquitted of presumption if I think of it both because my Father had the place which is some civil inducement to my desire And I pray God your Majesty may have twenty no worse years in your Greatness then Queen Elizabeth had in her Model after my Fathers placing and chiefly because if the Chancellors place went to the Law it was ever conferred upon some of the Learned Councel and never upon a Judge For Audley was raised from K. Serjeant my Father from Attorney of the Wards Bromley from Sollicitor Puckering from Serjeant Egerton from Master of the Rolls having newly left the Attorneys place Now I beseech Your Majesty let me put you the present case truly If you take my Lord Coke this will follow first Your Majesty shall put an over-ruling nature into an over-ruling place which may breed an extream Next You shall blunt his industries in matter of financies which seemeth to aime at another place And lastly popular men are no sure Mounters for Your Majesties Saddle If you take my Lord Hubbart you shall have a Judge at the upper end of Your Councel-board and another at the lower end Whereby Your Majesty will find your Prerogative pent For though there should be emulation between them yet as Legists they will agree in magnifying that wherein they are best He is no States-man but an Occonomist wholly for himself So as Your Majesty more then an outward form will find little help in him for the business If you take my Lord of Canterbury I will say no more but the Chancellours place requires a whole man And to have both Jurisdictions Spiritual and Temporal in that height is sit but for a King For my self I can only present Your Majesty with Gloria in obsequio yet I dare promise that if I sit in that place Your business shall not make such short turns upon You as it doth but when a direction is once given it shall be pursued and performed and Your Majesty shall only be troubled with the true care of a King which is to think what You would have done in chief and not how for the passages I do presume also in respect of my Fathers memory and that I have been alwayes gracious in the Lower House I have interest in the Gentlemen of England and shall be able to do some good effect in rectifying that Body of Parliament-men which is Cardo rerum For let me tell Your Majesty that that part of the Chancellors place which is to Judge in equity between party and party that same Regnum judiciale which since my Fathers time is but too much enlarged concerneth Your Majesty least more then the acquitting your Conscience for Justice But it is the other part of a Moderator amongst your Councel of an Overseer over your Judges of a planter of fit Justices and Governors in the Country that importeth your affairs and these times most I will add also that I hope by my care the inventive part of your Councel will be strengthned who now commonly do exercise rather their Judgements then their inventions And the inventive part cometh from projectors and private men which cannot be so well In which kinde my Lord of Salisbury had a good method if his ends had been upright To conclude if I were the man I would be I should hope that as Your Majesty hath of late wonne hearts by depressing you should in this leese no hearts by advancing For I see your people can better skill of Concretum then Abstractum and that the waves of their affections flow rather after persons then things So that acts of this nature if this were one do more good then twenty Bills of Grace If God call my Lord the Warrants and Commissions which are requisite for the taking the Seal and for the working with it and for the reviving of Warrants under his hand which dye with him and the like shall be in readiness And in this time presseth more because it is the end of a Term and almost the beginning of the Circuits So that the Seal cannot stand still But this may be done as heretofore by Commission till Your Majesty hath resolved of an Officer God ever preserve Your Majesty Your Majesties most humble Subject and bounden Servant Febr. 12. 1615. A Letter to the King of my Lord Chancellors amendment and the difference begun between the Chancery and Kings Bench. It may please your most Excellent Majesty I Do find God be thanked a sensible amendment in my Lord Chancellor I was with him yesterday in private Conference about half an hour and this day again at such time as he did seal which he endured well almost the space of an hour though the vapour of the wax be offensive to him He is free from a Feaver perfect in his powers of memory and speech and not hollow in his voice nor looks He hath no panting or labouring respiration neither are his Coughs dry or weak But whosoever thinketh his disease to be but Melancholy maketh no true judgment of it for it is plainly a formed and deep Cough with a pectoral surcharge so that at times he doth almost animam agere I forbear to advertise Your Majesty of the care I took to have Commissioners in readiness because Master Secretary Lake hath let me understand he signified as much to Your Majesty But I hope there shall be no use of them for this time And as I am glad to advertise Your Majesty of the amendment of Your Chancellors person so I am sorry to accompany it with an advertisement of the sickness of Your Chancery Court though by the Grace of God that cure will be much easier than the other It is true I did lately write to Your Majesty that for the matter of Habeas corpora which was the third matter in Law you had given me in charge I did think the communion of service between my Lord Chancellor and my Lord Chief Justice in the great business of examination would so join them as they would not square at this time But pardon me I humbly pray Your Majesty if I have too reasonable thoughts And yet that which happened the last day of the Term concerning certain Indictments in the nature
the Laws thereof and nothing will oblige them more then a confidence of the free enjoying of them What the Nobles upon an occasion once said in Parliament Nolumus leges Angliae mutari is imprinted in the hearts of all the people 3. But because the life of the Lawes lies in the due execution and administration of them let your eye be in the first place upon the choice of good Judges These properties had they need to be furnished with To be learned in their profession patient in hearing prudent in governing powerful in their elocution to perswade and satisfie both the parties and hearers just in their judgement and to sum up all they must have these three Attributes They must be men of courage fearing God and hating covetousness An ignorant man cannot a Coward dares not be a good Judge 4. By no means be you perswaded to interpose your self either by word or letter in any cause depending or like to be depending in any Court of Justice nor suffer any other great man to do it where you can hinder it and by all means disswade the King himself from it upon the importunity of any for themselves or their friends If it should prevail it perverts justice but if the Judge be so just and of such courage as he ought to be as not to be inclined thereby yet it alwayes leaves a taint of suspition behind it Judges must be as chaste as Caesars wife neither to be nor to be suspected to be unjust and Sir the honour of the Judges in their judicature is the Kings honour whose person they represent 5. There is great use of the service of the Judges in their circuits which are twice in the year held throughout the Kingdome the trial of a few causes between party and party or delivering of the gaols in the several Counties are of great use for the expedition of justice yet they are of much more use for the government of the Counties through which they passe if that were well thought upon 6. For if they had instructions to that purpose they might be the best intelligencers to the King of the true state of his whole Kingdom of the disposition of the people of their inclinations of their intentions and motions which are necessary to be truly understood 7. To this end I could wish that against every Circuit all the Judges should sometimes by the King himself and sometimes by the Lord Chancellor or Lord Keeper in the Kings Name receive a charge of those things which the present times did much require and at their return should deliver a faithful Account thereof and how they found and left the Counties through which they passed and in which they kept their Assizes 8. And that they might the better perform this work which might be of great importance it will not be amiss that sometimes this Charge be publick as it useth to be in the Star-Chamber at the end of the Terms next before the Circuit begins where the Kings care of Justice and the good of his People may be published and that sometimes also it may be private to communicate to the Judges some things not so fit to be publickly delivered 9. I could wish also that the Judges were directed to make a little longer stay in a place than usually they do a day more in a County would be a very good addition although their wages for their Circuits were increased in proportion it would stand better with the Gravity of their imployment whereas now they are sometimes enforced to rise over-early and to sit over-late for the dispatch of their business to the extraordinary trouble of themselves and of the people their times indeed not being horae juridicae And which is the main they would have the more leisure to inform themselves quasi aliud agentes of the true estate of the Countrey 10. The attendance of the Sheriffs of the Counties accompanied with the principal Gentlemen in a comely not a costly equipage upon the Judges of Assize at their coming to the place of their sitting and at their going out is not only a Civility but of use also It raiseth a Reverence to the persons and places of the Judges who coming from the King Himself on so great an Errand should not be neglected 11. If any sue to be made a Judge for my own part I should suspect him but if either directly or indirectly he should bargain for a place of Judicature let him be rejected with shame Uendere jure potest emerat ille prius 12. When the place of a chief Judge of a Court becomes vacant a puisne Judge of that Court or of another Court who hath approved himself fit and deserving would be sometimes preferred it would be a good encouragement for him and for others by his example 13. Next to the Judge there would be care used in the choice of such as are called to the degree of Serjeants at Law for such they must be first before they be made Judges none should be made Serjeants but such as probably might be held fit to be Judges afterwards when the experience at the Bar hath fitted them for the Bench Therefore by all means cry down that unworthy course of late times used that they should pay moneys for it It may satisfie some Courtiers but it is no Honour to the person so preferred nor to the King who thus prefers them 14. For the Kings Councel at the Law especially His Attorney and Sollicitor General I need say nothing their continual use for the Kings Service not only for His Revenue but for all the parts of His Government will put the King and those who love His Service in mind to make choice of men every way fit and able for that Employment they had need to be learned in their Profession and not ignorant in other things and to be dextrous in those Affairs whereof the dispatch is committed to them 15. The Kings Attorney of the Court of Wards is in the true quality of the Judges therefore what hath been observed already of Judges which are intended principally of the three great Courts of Law at Westminster may be applied to the choice of the Attorney of this Court 16. The like for the Attorney of the Dutchy of Lancaster who partakes of both qualities partly of a Judge in that Court and partly of an Attorney General for so much as concerns the proper Revenue of the Dutchy 17. I must not sorget the Judges of the four Circuits in the twelve Shires of Wales who although they are not of the first Magnitude nor need be of the degree of the Coyfe only the Chief Justice of Chester who is one of their number is so yet are they considerable in the choice of them by the same Rules as the other Judges are and they sometimes are and fitly may be transplanted into the higher Courts 18. There are many Courts as you see some superior some provincial and some of a
be there kept The fond Lord Morley without any cause offered him is gone like a noddy to Lorrein SIR I Stayed this bearer two days longer then first I intended because the French Ambassador required Audience affirming that he had answer from the French King wherewith the Queens Majesty would be satisfied and yesterday he was here and shewed her Majesty the French Kings letters to him and thereof gave her Majesty a copy which I have and do send to you herewith an extract of a clause tending to the matter the letter being of it self long and full of good words purporting his desire to have the Scotish Queen restored and concord established betwixt the two Queens the letter is dated the 10. of June and I note that your letter is dated the 15. and by his aforesaid letter King writeth that he will within two days speak with you at Alansen Now how the Kings promise will be kept a short time will declare or how if he break it there shall be some ●avillations found wherein I doubt that they will seek illusions for that we do yet keep Hume Castle and Fast Castle which are kept with not past fourscore men and being the houses of the Lord Hume the Warden who aided our Rebels with his Forces to invade burn and spoil England and therefore is by the Laws of the Borders answerable to the subjects of England it is reason they be kept untill he will return or authorize some for him to make answer or to take order with the complainants which being done the Queen Majesty will readily restore them Thus much I have thought meet to impart Yours assuredly W. Cecil Oatlands 25. Inne 1570 To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador c. SIR I Am thrown into a Maze at this time that Iknow not how to walk from dangers Sir Walter Mildmay and I are sent to the Scotish Queen as by the Queens Majesties letters you may see God be our guide for neither of us like the Message I trust at my return when Mr. Walsingham shall be returned to help you home your sufficient is sufficient to impart unto you all our Occurrents and so I end Your assured friend W. Cecil Reading 26. Sept. 1570. To the right honorable Sir Henry Notris Knight the Queens Majesties Ambassador Resident in France The Lord Coke to King James touching trial of Duels out of England May it please your most excellent Majesty I Have received a commandment by Mr. Sollicitor from your Majesty consisting upon two parts First to answer whether I informed not your Majesty that if two of your Subjects should go over beyond Sea to fight in a Forreign Kingdom and there in fight the one killeth the other that in this case the same might be punished by appeal before the Constable and Marshal of England Secondly if I made any such information what authority and reason I had to maintain it To the first the truth is that I did inform your Majesty so and I well remember I said then that it was Dowties Case your Majesty then speaking of Duels To the second this is by authority of an Act of Parliament made in the first year of King Henry the Fourth the 14th Chapter in these words For many Inconveniencies and Mischiefs that have oftentimes happened by many Appeals made within the Realm before this time It is ordained and established from henceforth That all Appeals to be made of things done within the Realm shall be tryed and determined by the good Laws of this Realm made and used in the time of the Kings noble Progenitors And that all Appeals to be made of things done out of the Realm shall be tryed before the Constable and Marshal of England for the time being And that no Appeals be from henceforth made or in any wise pursued in Parliament in any time to come In the late Queens time a Case fell out upon this Statute Sir Francis Drake having put Dowtie to death beyond Sea the Brother and Heir of Dowtie sued by Petition to the Queen that she would be pleased to appoint a Constable hac vice to the end he might have an Appeal against Sir Francis Drake for the death of his Brother This Petition the Queen referred to Sir Thomas Bromley and the two chief Justices and others And it was resolved of by them which I being of Council with Dowtie set down briefly for my Learning That if two Englishmen go beyond Sea and in Combate the one killeth the other this offence may be determined before the Constable and Marshal of England and so was the Statute of 1 Henr. 4. to be intended But after upon the true circumstance of the Case the Queen would not constitute a Constable of England without whom no Proceeding could be And I take this resolution to be well warranted by the Statute and no small inconvenience should follow and a great defect should be in the Law if such bloody offences should not be punished and Your Majesty should lose a flower of Your Crown in losing this Power to punish these growing and dangerous offences I shewed to Mr. Sollicitor my Report and Memorial of Dowtie's Case and I shall ever remain Your Majesties Loyal and Faithful Subject Edw. Coke 19. Febr. 1616. The History of the Reign of King Henry the Eighth King Edward the Sixth Queen Mary and part of the Reign of Queen Elizabeth THE books which are written do in their kinds represent the faculties of the mind of man Poesie his Imaginations Philosophy his Reason and History his Memory of which three facuities least exception is commonly taken to memory because Imagination is often times idle and Reason litigious So likewise History of all writings deserveth least taxation as that which holdeth least of the Author and most of the things themselves Again the use which it holdeth to mans life if it be not the greatest yet assuredly it is the freest from ill accident or quality For those that are conversant much in Poets as they attain to greater variety so withall they become concieted and those that are brought up in Philosophy and Sciences do wax according as their nature is some of them too stiff and opinionative and some others too perplexed and confused whereas History possesseth the mind with conceits which are nearest allied unto action and imprinteth them so as it doth not alter the complexion of the minde neither to irresolution nor pertinacity But this is true that in no sort of writings there is a greater distance between the good and the bad no not between the most excellent Poet and the vainest Rimer nor between the deepest Philosopher and the most frivolous School-men then there is between good Histories and those that unworthily bear the same or the like title In which regard having purposed to write the History of England from the beginning of the Reign of King H. 8. of that name near unto the present time
but by Justice and Sentence as Delinquents and Criminals all three famous Writers Insomuch as the remembrance of their calamity is now as to posterity but as a little Picture of Night-work remaining amongst the fair and excellent Tables of their Acts and Works and all three if that were any thing to the matter fit examples to quench any mans ambition of rising again for that they were every one of them restored with great glory but to their further ruine and destruction ending in a violent death The men were Demosthenes Cicero and Seneca persons that I durst not claim affinity with except the similitude of our fortunes had contracted it When I had cast mine eyes upon these examples I was carried on further to observe how they did bear their fortunes and principally how they did imploy their times being banished and disabled for publick business to the end that I might learn by them and that they might be as well my Counsellors as my Comsorters Whereupon I happened to note how diversly their fortunes wrought upon them especially in that point at which I did most aim which was the employing of their times and pens In Cicero I saw that during his banishment which was almost two years he was so softned and dejected as he wrote nothing but a few womanish Episiles And yet in mine opinion he had least reason of the three to be discouraged for that although it was judged and judged by the highest kind of judgement in form of a Statute or Law That he should be banished and his whole estate confiscated and seized and his houses pulled down and that it should be highly penal for any man to propound his repeal yet his case even then had no great blot of ignominy but it was thought but a tempest of Popularity which overthrew him Demosthenes contrary-wise though his case was foul being condemned for bribery and not simple bribery but bribery in the nature of Treason and disloyalty yet nevertheless he took so little knowledge of his fortune as during his banishment he did much busie himself and intermeddle with matters of State and took upon him to counsel the State as if he had been still at the Helm by Letters as appears by some Epistles of his which are extant Seneca indeed who was condemned for many corruptions and crimes and banished into a solitary Island kept a mean for though his Pen did not freeze ye he abstained from intruding into matters of business but spent his time in writing Books of excellent Arguments and use for all Ages though he might have made better choice sometimes of his Dedications These examples confirmed me much in a resolution whereunto I was otherwise inclined to spend my time wholy in writing and to put forth that poor Talent or half-talent or what it is that God hath given me not as heretofore to particular exchanges but to ranks or Mounts of Perpetuity which will not break Therefore having not long since set forth a part of my Instauration which is the work that in mine own judgement Si nunquam fallit Imago I may most esteem I think to proceed in some few parts thereof And although I have received from many parts beyond the Seas testimonies touching that work such as beyond which I could not expect at the first in so abstruse an Argument yet nevertheless I have just cause to doubt that it flies too much over mens heads I have a purpose therefore though I break the order of time to draw it down to the sense by some patterns of a Natural Story and Inquisition And again for that my Books of Advancement of Learning may be some preparative or Key for the better opening of the Instauration because it exhibits a mixture of new conceipts and old whereas the Instauration gives the new unmixed otherwise then with some little aspersion of the old for tastes sake I have thought to procure a Translation of that Book into the general Language not without great and ample additions and enrichment thereof especially in the second Book which handleth the partition of Sciences in such sort as I hold it may serve in lieu of the first part of the Instauration and acquit my promise in that part Again because I cannot altogether desert the civil person that I have borne which if I should forget enough would remember I have also entred into a work touching Laws propounding a Character of Justice in the middle Term between the speculative and reverend discourses of Philosophers and the writings of Lawyers which are tied and obnoxious to their particular Laws And although it be true that I had a purpose to make a particular Digest or re-compilement of the Laws of mine own Nation yet because it is a Work of assistance and that that I cannot master by my own forces and pen I have laid it aside Now having in the work of my Instauration had in contemplatiō the general good of men in their very being and dowries of nature in my work of Laws the general good of men in Society and the dowries of Government I thought in duty I owed somewhat unto mine own Countrey which I ever loved insomuch as although my place hath been far above my deserts yet my thoughts and cares concerning the good thereof were beyond and over and above my place So now being as I am no more able to do my Countrey service it remained unto me to do it honour which I have endeavoured to do in my Work of the Reign of King Henry the Seventh As for my Essayes and some other particulars of that Nature I count them but as the Recreations of my other Studies and in that sort I purpose to continue them though I am not ignorant that those kind of Writings would with less pains and embracement perhaps yield more lustre and reputation to my Name than those other which I have in hand But I account the use that a man should seek of the publishing of his own Writings before his death to be but an untimely anticipation of that which is proper to follow a man and not to go along with him But revolving with myself my Writings as well those I have published as those which I had in hand methought they went all into the City and none into the Temple where because I have found so great consolation I desire likewise to make some poor oblation Therefore I have chosen an Argument mixt of Religious and Civil Considerations and likewise mixt between Contemplative and Active For who can tell whether there may not be an Exoriere aliquis Great matters especially if they be Religious have many times small beginnings and the Plat-form may draw on the Building This Work because I was ever an enemy to flattering Dedications I have dedicated to your Lordship in respect of our ancient and private acquaintance and because amongst the men of our times I hold you in especial Reverence Sir Francis Bacon to the King about