knowledge and experience of that stayedness and moderation of that sobriety and temperance of that observation and diligence as Bishops are presumed to be were in all Governments judged as fit to manage publique affairs as men of any other professions whatever without any prejudice to the Church which must be governed as well as taught and managed as well as a society dwelling in the world as under the notion of a peculiar people taken out of it His successful skill in dealing with the Papists under my Lord of Huntington President of the North and with the Puritans under Doctor Cosin an Ecclesiastical Officer in the South recommended him to Sir Walsingham's notice as a person too useful to be buried in a Country-Living who thereupon intended to set up his Learning in a Lecture at Cambridge to confute the Doctrine of Rome untill Queen Eliz. resolved to set up his prudence in other Employments at Court to countermine its policy where I know not whether the acuteness of his Sermons took most with the most Learned the devotion of them with the most pious or the prudence of them with the most Wise it hath been one thing always to Preach learnedly and another thing to preach wisely for to the Immensity of his Learning he added excellent Principles of politick prudence as a governour of the Church and a Councellor of State wherein he was conspicuous not for the crafty projects and practices of policy or for those sinister ways of Artifice and subtlety or the admired depths of Hypocrisie called reason of State nor the measures and rules of his Politicks and Prudentials were taken from the great experience he had gotten and many excellent observations he had made out of all Histories as well Humane as Divine though he always laid the greatest weight upon the grounds and instances of holyScripture which gives the truest judgement of wisdom or folly considering the mixture of State-affairs with those of the Church in Christian Common-wealths and the fitnesse of sober and discreet Clergy-men for those of the State in all It 's a wonder how Clergy-men come to be excluded publick Councils at any time but observing Bishop Andrews his insight into the Fundamental constitution of our State as appears from his Speech in the Countess of Shrewsbury's Case His distinct foresight of the consequences of Affairs evident in his speech against Thraske His circumspect care of the Publick visible in his Petition to King James then sick at New-Market that the Prince then under Scotch Tutors be educated by well-principled men the occasion that King James took to bring him up himself so exactly in the Doctrine and Discipline of our Church that it 's a question whether he was more by his Pen or Sword his Scepter or his Style The Defender of the Faith His wonderfull skill in the government of this Church discerned by the excellent King Charles in that he sent so many Bishops to consult with him 1625. what was to be done for the Church in that Parliament His caution and moderation in that he never unlesse upon great considerations innovated in his Church but left things in the same decency and order he found them knowing that all alterations have their dangers I am astonished to think that Bishops should be forbidden secular employment in our time Who hath more ampleness and compleatness saith Bishop Gauden for a good man a good Bishop a good Christan a good Scholar a good Preacher and a good Counsellor than Bishop Andrews a man of an astonishing excellency both at home and abroad Observations on the Life of Henry Earl of Manchester HEnry Earl of Manchester third son to Sir Edward Mountague Grand-childe to Sir Edward Mountague Lord Chief-Justice of the King's Bench in King Edward the sixth's time was born at Boughton in Northampton-shire One skilful in mysterious Arts beholding him when a School-boy foretold that by the pregnancy of his parts he would raise himself above the rest of his Family which came to passe accordingly He being bred first in Christs-Colledge in Cambridge then in the Middle-Temple where he attained to great Learning in the Laws passed through many preferments as they are reckoned up viz. 1. Sergeant at Law 2. Knighted by K. James July 22. 1603. 3. Recorder of London 4. Lord Chief Justice of the King's Bench Novemb. 18. 1616. 5. Lord Treasurer of England Decemb. 16. 1620. 6. Baron of Kimbolton 7. Viscount Mandevile 8. President of the Council Sept. 29. 1621. 9. Earl of Manchester 10. Lord Privy-Seal He wisely perceiving that Courtiers were but as Counters in the hands of Princes raised and depressed in valuation at pleasure was contented rather to be set for a smaller sum than to be quite put up into the box Thus in point of place and preferment being pleased to be what the King would have him according to his Motto Movendo non mutando me he became almost what he would be himself finally advanced to an Office of great Honour When Lord Privy-Seal he brought the Court of Requests into such repute that what formerly was called the Alms-Basket of the Chancery had in his time well-nigh as much meat in and guests about it I mean Suits and Clients as the Chancery it self His Meditations of Life and Death called Manchester Al mondo written in the time of his health may be presumed to have left good impressions on his own soul preparatory for his dissolution which happened 164 ... The Office of Lord Treasurer was ever beheld as 〈◊〉 place of great charge and profit My Lord being demanded what it might be worth per ann made this answer That it might be some thousands of pounds to him who after death would go instantly to heaven twice as much to him who would go to Purgatory and a Nemo scit to him who would adventure to a worse place But indeed he that will be a bad husband for himself in so advantageous a place will never be a good one for his Soveraign Observations on the Life of Sir Henry Wotton and his Relations SIr Henry Wotton first having read of his Ancestor Sir Robert Wotton the noble Lieutenant of Guisnes and Comptroller of Callais in King Edward the fourth's days His Grand-father Sir Edward Wotton that refused to be Chancellour of England in King Henry the Eighth's time 2. Having known his Father Sir Thomas Wotton one of the most Ingenuous modesty the most Ancient freedome plainnesse single-heartednesse and integrity in Queen Elizabeths Reign His Brothers Sir Edward Wotton the famous Comptroller of Queen Eliz. and K. James his Court since Lord Wotton Baron Morley in Kent Sir James Wotton with R. Earl of Essex Count Lodowick of Nassaw Don Christophoro son of Antonio King of Portugal c. Knighted as an excellent Soldier at Cadiz Sir John Wotton the accomplished Traveller and Scholar for whom Queen Eliz. designed a special favour His Uncle Nicholas Wotton Dean of Canterbury and Yorke nine times Embassador for the Crown
doubted and won those that contradicted in King Henry's Cause But he served not King Henry more faithfully in Germany then he provided for him honourably in England where the Kings Cause waited for his Assistance and the See of Canterbury for his Acceptance He was willing to promote Religion he was unwilling for some Formalities he scrupled to advance himself but after seven Weeks delay it being as fatal to refuse King Henry's Favours as to offer him Injuries he is Archbishop in his own Defence in which capacity to serve the King and salve his own Conscience he used the Expedient of a Protestation to this purpose In nomine c. Non est nec erit meae voluntatis aut intentionis per hujusmodi Juramentum juramenta qualiter verba in ipsis posita sonare videbuntur me obligare ad aliquid ratione eorundem post hac dicendum faciendum aut attestandum quod erit aut esse videbitur contra legem Dei vel contra Regem aut Rempublicam legesve aut Praerogativa ejus quod non intendo per hujusmodi juramentum quovis modo me obligare quò minùs liberò loqui consulere consentire valeam in omnibus singulis Reformationem Ecclesiae prerogativam Coronae concernentibus ea exequi reformare quae in Ecclesia Anglicana reformanda videbuntur This Protestation he made three times once at the Charter-House another time at the Altar and a third time at the receiving of his Pall. In his place he was moderate between the Superstition of Rome and the Phrensies of Munster As he was chief Instrument in beginning the Reformation so he was in continuing it He withstood the Six Articles and though the King sent five prime Ministers of State to comfort him would not be satisfied until he saw them mitigated in King Henry's time and repealed in King Edward's Gardiner would have questioned him for entertaining forreign Hereticks and promoting Domestick Schisms the Northern Rebells accused him for subverting the Church but the King upheld him against both suppressing the One and checking the Other and advising the good Man whom he called Fool for his meek disposition to appeal to him Whereupon Russel cried The King will never suffer him to be imprisoned until you finde Him guilty of High Treason He is to be pitied for his intermediate failings but renowned for his final constancy The King having declared before all his Servants that Cranmer was his best Servant he employeth him in his best service the Reformation of Religion wherein all others failed but the King Cromwel and Brandon backed him so far that he had the Bible and the necessary Offices of the Church translated into English He had both Universities at his command He brought the Lords House and Convocation to his Lure and was invested with a Power 1. To grant Dispensations in all things not repugnant to Gods Law nor the Kings safety 2. To determine Ecclesiastical Causes He as charitably as politickly advised the King to accept of Bishop Fisher's partial Subscription considering his Learning and Reputation As he is King Henry's Instrument at Dunstable to divorce him from Queen Katharine so he is at Lambeth to divorce him from Anna Bullen He promoted in the Convocation all Primitive Doctrines and condemned all new-fangled Opinions He was so charitable that he interceded with the King for his Enemies so munificent that he made the Church and his own House a Refuge for Strangers particularly for P. Fagius P. Martyr Martin Bucer c. The King loved him for his Integrity the People for his Moderation He was called the Kings Father and was Queen Elizabeth's Godfather His Piety reduced the Church and his Policy the State He spake little to others he conferred much with himself Three words of His could do more then three hours discourse of Others He wousd say as Victorinus There is a time to say nothing there is a time to say something but there is never a time to say all things That King who awed all Others feared Him A Second to the Eternal Power is the Wise Man uncorrupt in his Life He was the Executor of God's Will in King Henry's Life-time and the first of His after his Death As He spurred King Henry to a Reformation so King Edward did Him whose Prudence was not so forward as the Others Zeal who looked at what was Lawful as He did at what was Convenient He maintained the Churches Power as resolutely against Bishop Hooper's Scruples notwithstanding potent Intercession as he reformed its Corruptions against the Popes Interest notwithstanding a general Opposition He allowed not the least Errour in not the least contempt of the Church He restored its primitive Doctrine and Discipline lest it should be an impure Church he upheld them lest it should be none He was one of fourteen that compiled the Common-Prayer He was One of Two that set out the Homilies and the onely man that published the Institution of a Christian man and other good Books With his Advice King Edward did much and designed more He was the chief Author of King Edward's Injunctions and the first Commissioner in them He was President of the Assembly at Windsor for Reformation and of the Council at London His Articles were strict and severe as much grounded on the Canon of Scripture as on the Canons of the Church He convinced more Papists with his Reason and Moderation then others by their Power His Heart never failed him in his Life and it was not burned at his Death He did so much for the Protestant Religion in King Henry's Days that he foresaw he should suffer for it in Queen Mary's He was unwilling to wrong Queen Mary and Queen Elizabeth therefore he refused at first to sign King Edward's Testament but Duke Dudley's Will He was willing to continue the Protestant Religion therefore he signed it at last It was a Bishop that was one of the first that abolished Popery in England and one of the last that died for Protestantisme It was a Bishop that maintained the Protestant Cause with Arguments while he lived and with his Blood when he died Observations on Sir Thomas More Lord Chancellour of England HE rise up high because he stept out well Sir Thomas More was half way Chancellour when born to Sir John More Chief Justice The Father's Prudence Wit and Noblenesse flowed with his Blood to the Sons Veins Much Honour he received from his Family more he gave to it His Mother saw his Face shining in Dream on her Wedding Night and his Father saw his Life so really A quick City-Spirit made him capable of great State-Employments He was saved by a Miracle and was One For his Nurse riding with him over a Water and being in some danger threw him over a Hedge where she found him not hurt but sweetly smiling upon her A Free-school seasoned his forward Childhood and the grave wise and excellent Cardinal Mortons House his Youth The One
with Learning to make him a Scholar the Other with Prudence to make him a Man But the Distractions of that House were not so proper for his promising Ingenuity as the Retirements of the University where in two years time he shewed what Wonders Wit and Diligence could do in Rhetorick Logick and Philosophy The Colledge kept him strict and his Father short so that as he blessed God afterward He had neither the leisure nor the means to be vicious The Cardinal said he would be Great and his excellent Genius said he would be Humble The Lord Chancellour would give place to and ask blessing of the Lord Chief Justice The Father being not more happy in his Son then the Son in his Father At 17 his wit was eminent for his Epigrams His Antilucian Oration commended by all men but Brixius for pure genuine and flowing At 18 his wisdom in overcoming his Antagonist Brixius with kindness and Himself with Mortifications His fastings were frequent his watchings on the hard ground revere his Hair-cloath even in his Chancellourship course his exercises among the Cartbusians in the Charterhouse for four years austere his design for the Franciscan Hood and a Priesthood with his Friend Lilly solemn His prayers uninterrupted When the King sent for him once at Mass he answered That when be bad done with God he would wait on his Majesty He imitated Picus Mirandula's Life and writ it He heard Dr. Collet his Confessours Sermons and followed his life whose experience was his counsel whose conversation was his life He could not away with the good Sermon of a bad man Collet was his Father Linacre Lilly Grocine were his Friends He learned more by prayer then he did by study his Poems were acute his Speeches pure and copious his Latine elegant yet his head was knotty and Logical his Diet was temperate his Apparel plain his Nature tractable and condenscending though very discerning to the meanest mens counsel his Vertues solid not boasted In a word the foundation of his Life was as low as the building was to be high He married himself to Vertue and not to an Estate he likes a younger sister yet out of civility he embraceth the elder Happy he was in his modest Wives happier in his hopeful Children His Government of his Family was exact enjoyning all his Children to take Vertue for their meat and Play for their sawce His proficiency in the Law was admirable his Practice successful his Judgement solid his Integrity eminent his Determinations in the Sheriffs Court his Activity for the Stilyard his Practice in the Courts of Justice raised him to a place in Parliament where he was so good a Patriot that he displeased King Henry the seventh and so wise a man that he awed King Henry the eighth the one by Foxe demands one Subsidie and three Fifteens and the beardless Boy as the Courtiers called Sir Thomas disappointed him the other made a motion by Wolsey which he overthrew so that the Cardinal wished him at Rome He retires to his studies to avoid Henry the seventh's displeasure and improves them to gain his sons favour who by his Cardinal invited him to Court and employed him abroad to France to recover his debts to Flanders to confirm the peace Employments he avoided a while to keep his City-interest and in case of controversie with the King to prevent their jealousie his business was so urgent that you would think he had no leasure and his writings so exact that you would think he had no business Not a minute of his time escaped employment His History of Richard the third is faithful his Vtopia is judicious and elegant his Lectures at St. Laurence were learned and pious His Popularity in Parliament commended him to his Majesty his strong Arguments for the Popeship in Star-chamber brought him to him against his modest inclination as much as against Wolsey's interest His ability set him on the Council-table his integrity placed him in the Exchequer His Services promoted him to the Dutchy of Lancaster his Dexterity and Prudence made him the Kings bosome-friend and his familiar all his spare hours whose Questions in every Art and Science were not more useful then Sir Thomas his Answers were satisfactory His advice was his Majesties and his Queens Oracles in Counsel his discourse was their recreation at Table He was not more delightful to the King at Court then he was serviceable to him in appeasing tumults c. in the City He was the Kings Favourite at White-hall and the Peoples Darling at Westminster where he was Speaker as well with the unanimous consent of the one as with the approbation of the other and between both impartial equally careful of Prerogative and Priviledges neither awed from right by power nor flattered with popularity He declined Forreign services with as much Dexterity as he managed Domestick ones He served th 〈…〉 faithfully but trusted him not as one that enjoyed and suspected Fortune saying If his Head could win King Henry a Castle in Wales it would off The King and Kingdome trusted him who was that one sound Counsellour the King had The Cardinal told him he was the veriest Fool in the Council he replied God be thanked my Master hath but one fool there His Honour was set off by a grave condescention and a grave humility Did he argue he was very moderate civil and modest Did he reprove he was pitiful grave and prudent Was he with the King at the University he was ready and eloquent Was he abroad he heard the Lectures attentively and disputed accurately To his Friend as Dr. Tunstal none more faithful to learned men as Erasmus none more civil to devout men such as Bishop Fisher none more firm to hopeful men such as Powle there was none more encouraging to painful men such as Grocinus Linacer Crocus Lupsel Lilly Cocklee Budlera Dorpin Bewald Luscar Grannould Vines Groclenius Busâ—idian Aegidius Rhenanus none more familiar constant or liberal in his conscience none more satisfied and sedate in his discourse none more innocent and pleasant in his heart none more devout and sincere His meditations were frequent his retirements to a Chappel built of purpose dayly his Prayers constant and zealous his conversation with his Wives loving and debonnair taking them off their cares to reading and musick His Servants were always employed either in his or Gods service suffering them not by idleness to be at leisure for sinnor by wanton converse to be tempted to it H 〈…〉 Table-talk after the Chapter was pleasing and useful his counsels useful his converse exemplary his family-instructions to bear afflictions patiently to withstand temptations resolvedly to mind heavenly matters devoutly to go plainly and soberly to recreate themselves moderately and vertuously were effectual There went a blessing along with all his Servants and happiness with his whole Family His Apophthegms were grounded on experience and judgement He would say 1. He was not
Princes and with the l 〈…〉 Statesmen the one discovers others while the other conceals you 5. Resolution I made often said he as if I would fight when they knew my calling allowe me onely to speak 6. Civility That man said the Prince of Orange is a great bargain who is bought with a bare salutation Fourthly To Privy-Counsellours That excellent caution Always to speak last and be Masters 〈◊〉 others strength before they displayed their own This was that rare man that was made for all but siness so dexterous This was he that was made for all times so complying This was he who live Doctor of both Laws and died Doctor of both Gospels the Protestant which had the Statesmans parts of this man and the Popish who had the Christiat Noah had two faces because he was a son of the old world before the flood and a father of the ne 〈…〉 one after Wotton sure had four faiths who was Favourite in King Henry's days of the Counsel is King Edward's of the Juncto in Queen Mary's and the second Statesman in Queen Elizabeth's With these two things of this person I shall conclude 1. His refusal of the Archbishoprick of Canterbury which argued his extraordinary humility of wariness 2. His admission of Doctor Parker as Dean of Canterbury to that See which argueth the legality of his calling there being no circumstance with any likelihood omitted by so exquisite a Civilian as Doctor Wotton or forgotten by so great an Antiquary as Doctor Parker Observations on the Life of Thomas Wriothesly the first Earl of Southampton THomas Wriothesly Knight of the Garter was born in Barbican Son to William Wriothesly descended from an Heir general of the antient Family of the Dunsterviles King of Arms. He was bred in the University of Cambridge as it appears by Mr. Ascam's Letter unto him writing in the behalf of the University when he was Lord Chancellour Quamobrem Academia cum omni literarum ratione ad te unum conversa cui uni quam universis aliis â—se chariorem intelligit partim tibi ut alumno suo cum authoritate imperat partim ut patrono summo demisse bumiliter supplicat c. His University-Learning prepared him for the Law and his indefatigable study of the Law promoted him to the Court where for his Honour he was created Baron of Tichbourn Jan. 1. 1543. and for his Profit the next year May 3. Lord Chancellour a place he discharged with more Applause then any before him and with as much Integrity as any since him Force he said awed bâ— Justice governed the world It is given to that Family to be Generous are Resolute This incomparable Person was under cloud in King Edward's time for being a rigidly conscientious Papist and his great Granchild suffered in King Charles his time for being a sincere honest Protestant Yet so reverenced was the first of this Family by his Adversaries that he was made Earl of Southampton and so honoured was the other by his Enemies that they courted him to the party Integrity hath a Majesty in its full and Glory in its lowest Estate that is always feared though not always loved No Nobleman understood the Roman Religion better then the first Earl of Southampton and non the Protestant better then the last the Right Honourable and truly Excellent Thomas Earl of Southampton and Treasurer of England His Court he said gave Law to the Kingdom His constant and exact Rules to the Court and hâ— Conscience guided by the Law of the Kingdom 〈◊〉 his Rules Affable and acceptable he was as More quick and ready as Wolsey incorrupt as Egerton apprehensive and knowing as Bacon Twice were all Cases depending in Chancery dispatched in Sir Wriothesley's time 1538. and in Sir More 's 1532. Truly did he judge intra Cancellos deciding Cases with that Uprightness that he wished a Window to his Actions yea and his Heart too King Philip was not at leasure to hear a poor Womans Cause Then said she cease to be King My Lord over-hearing a servant putting off a Petitioner because his Master was not at leasure takes him up roundly and replies You had as good say I am not at leasure to be Lord Chancellour Two things he would not have his servants gain by his Livings and his Decrees The first he said were Gods the second the Kings whom every man he said sold that sold Justice To honest men your places said he are enough to Knaves too much Every Week he had a Schedule of his own Accounts and every Month of his Servants Cato's greatest Treasure was his Account-Book of Sicily and my Lord of Southampton's was his Table of the Chancellours place A great Estate was conferred upon him which he took not in his own name to avoid the odium of Sacriledge as great an Inheritance he bought but in others names to escape the malice of Envy He loved a Bishop he said to satisfie his conscience a Lawyer to guide his Judgement a good Family to keep up his Interest and an University to preserve his name Full of Years and Worth he died 1550. at Lincoln-place and was buried at St. Andrews Church in Holborn where his Posterity have a Diocess for their Parish and a Court for their Habitation Observations on the Life of Sir John Fitz-James JOhn Fitz-James Knight was born at Redlinch 〈◊〉 Somersetshire of Right Antient and Wort 〈…〉 Parentage bred in the study of our Municip 〈…〉 Laws wherein he proved so great a Proficie 〈…〉 that by King Henry the Eighth he was advanced 〈◊〉 be Chief Justice of the Kings Bench. There needs 〈◊〉 more to be said of his Merit save that King He 〈…〉 the Eighth preferred him who never used eith 〈…〉 Dunce or Drone in Church or State but Men 〈◊〉 Ability and Activity He sat thirteen years in 〈◊〉 place demeaning himself so that he lived and di 〈…〉 in the Kings Favour He sat one of the Assista 〈…〉 when Sir Thomas More was arraigned for refu 〈…〉 the Oath of Supremacy and was shrewdly put 〈◊〉 it to save his own Conscience and not incur 〈◊〉 Kings Displeasure For Chancellour Audley 〈◊〉 preme Judge in that place being loth that 〈◊〉 whole burthen of More 's condemnation sho 〈…〉 lie on his shoulders alone openly in the Court a 〈…〉 ed the Advice of the Lord Chief Justice Fi 〈…〉 James Whether the Indictment were sufficient 〈◊〉 no To whom our Judge warily returned 〈…〉 Lords all by St. Gillian which was ever his Oat 〈…〉 I must needs confess That if the Act of Parliam 〈…〉 be not unlawful then the Indictment is not in my co 〈…〉 science insufficient He died in the Thirtieth Year of King Henry the Eighth and although now there be none left 〈◊〉 Redlinch of his Name and Family they flourish still at Lewson in Dorsetshire descended from Allured Fitz-James brother to this Judge and to Richard Bishop of London The two main Principles that guide
his Family to be honourable on the present Age to be active and on the future to be renowned The old Lord Burleigh sometime Treasurer of England coming to Cambridge with Queen Elizabeth when he was led into the publick Schools and had much commended their convenience beauty and greatness together with their Founder Humphrey the good Duke of Glocester Yea marry said he but I finde one School wanting in our Vniversities and that is the School of Discretion When Private Tutors had initiated Publick Schools had seasoned and the University had improved this Gentlemans sprightly and noble Parts yet did his Father observe one great defect in his Education and that iâ— Discretion Discretion in Carriage for which he sent him to Court Discretion in business for which he sent him to travel and fight Not long had he been abroad to furnish himself with experience but he is called home to eâ—noble himself with action The Alvaes of Spain were for four Generations together Commanders by Land and the Howards of England for as many Admirals at Sea None ever had more Power none used less then he The more Authority he had allowed him over others the more Command he obtained over himself Twice did he mortgage his Estate for his followers Pay many times did he venture his Life for their encouragement None directed more skilfully and yet none acted more resolutely Equally did he divide the profit equally share the honour with his followers who under him never dared and never feared a danger Manners make a man saith the Courtier Money makes a man saith the Citizen Learning makes a man saith the Scholar but Conduct makes a man saith the Souldier This Lords spirit never put him on so forwardly but his wariness took care how to come off as safely He that fights should despair but he that commands should hope The Souldier among the Persians is drawn with his eyes before him and the General with his behinde him Young men in the manage of Affairs embrace more then they can hold stir more then they can quiet flee to the end without consideration of the means and degrees pursue some few principles and extream remedies they have chanced upon rashly which they will neither confess nor reform Old men object too much consult too long adventure too little repent too soon and seldome pursue things home to their full period My Lord was an happy composition of both himself and had of either about him that the coldness and wariness of Age might correct the heat of Youth and the Activity of Younger might be directed by the Experience of Riper Ones The one gave Authority and the other Life to his Actions He himself was better to invent then to judge fitter for Action then Counsel and readier for new Projects then for setled business The Lord Clinton's Prudence served him in old and usual matters but in new things abused him My Lord Howard's was quick for present Emergencies but not comprehensive of ordinary transactions Of the three Admirals of those times we may say as they did of the three Kingdomes Lisle was wise before the Action my Lord Howard in it my Lord Clinton after it England without a freedome of commerce was but a larger Prison others opened the Trade to the Indies to Asia and other parts of the world but we wanted the Hemp the Flax the Pitch the Fur and the other useful Commodities of Russia serviceable to our selves and more to our Ships His Purse in this case did much his Direction more his servant Jenkinson most of all who made curious observaâ—ions of Russia set forth a Geographical description of it and was the first of the English that sailed through the Caspian Sea With his assistance the Muscovia Company was set up in Queen Maries days and with his servants it obtained the Priviledge of sole Traffick into the Northern Parts of Russia in Elizabeth's Nihil habet fortuna magna majus nec natura bona melius quam ut â—elit bene-facere quam plurimis Observations on the Life of Sir Edward Mountague EDward Mountague Son of Thomas Mountague born at Brigstock in Northampton-shire was bred in the Inner Temple in the study of the Laws until his ability and integrity advanced him Lord Chief Justice of the Kings Bench in the Thirtieth of Henry the Eighth He gave for his Motto Aequitas Justitiae Norma And although Equity seemeth rather to resent of the Chancery than the Kings Bench yet the best Justice will be Wormwood without a mixture thereof In his times though the golden showers of Abbey-Lands rained amongst greatmen it was long before he would open his lap scrupling the acception of such Gifts and at last received but little in proportion to Others of that Age. In the thirty seventh of King Henry the Eighth he was made Chief Justice of the Common Pleas a descent in Honour but ascent in Profit it being given to old Age rather to be thrifty then ambitious Whereupon he said I am now an old man and love the Kitchin before the Hall the warmest place best suiting with my Age. In drawing up the Will of King Edward the Sixth and settling the Crown on the Lady Jane for a time he swam against the tide and torrent of Duke Dudley till at last he was carried away with the stream Outed of his Judges Office in the first of Queen Mary he returned into Northampton-shire and what contentment he could not finde in Westminster-hall his Hospital-hall at Bough 〈…〉 afforded him He died Anno 1556. and lieth buried in the Parish Church of Weekely His well-managed Argument in Dodderidge his Case brought him to Cromwel's knowledge who was vexed with his Reason but well pleased with his Parts Cromwel's recommendation and his own modest nature set him up with Henry the Eighth who could not endure two things 1. A Lawyer that would not be guided 2. A Divine that would not be taught Yet as modest as he was he was honest and though he would submit to the Kings Power yet would he act by his Law For his Apophthegm was Meum est Jus dicere potius quam Jus dare It 's my duty to interpret rather then give Law He never denied or delayed Justice always discouraging those cunning Laws that perplexed a Cause those contentious Clients that delayed a suit and those nice Cummin-â—eed men that strained inferences and wrested constructions Patient stayed and equal he was in hearing grave in speaking pertinent in interrogating wary in observing happy in remembring seasonable and civil in interposing The Counsel durst not chop with him neither would he chop with the Counsel unless he defended his cause over-boldly urged indiscreetly informed slightly neglected groâ—ly renewed the debate unseasonably or ensnared his Adversaries cunningly in those and other the like cases he would do the Publique Right by a check and the Person by an admonition Six sorts of persons he discountenanced in his Courts 1. The scandalous Exactors 2.
the Common Law that he was preferred second Justice of the Common Pleas by Queen Elizabeth which Place he discharged with so much Ability and Integrity that not long after he was made chief Baron of the Exchequer which Office he most wisely managed to his great commendation full fourteen years to the day of his death Much was he employed in matters of State and was one of the Commissioners who sate on the tryal of the Queen of Scots He wrote a Book on the Forest-Laws which is highly prized by men of his Profession In vacation-time he constantly inhabited at St. Stephens in Canterbury and was bounteously liberal to the poor Inhabitants thereof and so charitable was he that he erected and endowed a fair Free-school at Sandwich dying in the 35 of Queen Elizabeth anno Dom. 1593. Cloaths for necessity warm Cloaths for health cleanly for decency lasting for strength was his Maxime and Practice who kept a State in decent plainness insomuch that Queen Elizabeth called him her Good-man-Judge In Davison's Case Mildmay cleared the man of malice but taxed him with unskilfulness and rashness Lumley said he was an ingenuous and an honest man but presumptuous I will ever esteem him an honest and good man said Grey The Archbishop of Canterbury approved the fact commended the man but disallowed of the manner and form of his proceedings Manwood made a narrative of the Queen of Scots proceedings confirmed the sentence against her extolled the Queens clemency pitied Davison and fined him 10000 l. A man he was of a pale constitution but a clear even and smooth temper of a pretty solid consistence equally sanguine and flegmatique of a quiet soul and serene affections of a discreet sweetness and moderate manners slow in passion and quick enough in apprehension wary in new points and very fixed and judicious in the old A plausible insinuating and fortunate man the Idea of a wise man having what that elegant Educator wisheth that great habit which is nothing else but a promptness and plentifulness in the flore-house of the mind of clear imaginations well fixed which was promised in his erect and forward stature his large breast his round and capacious forehead his curious and observing eye the clear and smart argument of his clearer and quicker soul which owned a liveliness equally far from volatileness and stupidity his steady attention and his solid memory together with what is most considerable a grand Inclination to imitate and excel What Plutarch saith of Timoleon with reference to Epaminond that we may say of this Gentleman That his Life and Actions are like Homer's Verses smooth and flowing equal and happy especially in the two grand Embelishments of our Nature Friendship and Charity 〈◊〉 Friendship that sacred thing whereof he was a passionate Lover and an exact Observer promoting it among all men he conversed with Surely there is not that Content on Earth like the Union of Minds and Interests whereby we enjoy our selves by reflexion in our Friend it being the most dreadful Solitude and Wildness of Nature to be friendless But his Friendship was a contracted beam to that Sun of Charity that blessed all about him His Salary was not more fixed then his Charity He and the Poor had one Revenue one Quarter-day In stead of hiding his face from the Poor it was his practice to seek for them laying out by Trustees for Pensioners either hopeful or indigent whereof he had a Catalogue that made the best Comment upon that Text The liberal man deviseth liberal things This is the best Conveyance that ever Lawyer made To have and to hold to him and his Heirs for ever Observations on the Life of Sir Christopher Wray SIr Christopher Wray was born in the spacious Parish of Bedal the main motive which made his Daughter Francis Countess of Warwick scatter her Benefactions the thicker in that place He was bred in the study of our Municipal Law and such his Proficiency therein that in the sixteenth of Queen Elizabeth in Michaelmas-Term he was made Lord Chief Justice of the Kings Bench. He was not like that Judge who feared neither God nor man but onely one Widow lest her importunity should weary him but he heartily feared God in his religious Conversation Each man he respected with his due distance off of the Bench and no man on it to byass his Judgement He was pro tempore Lord Privy Seal and sat Chief in the Court when Secretary Davison was sentenced in the Star-Chamber Sir Christopher collecting the censures of all the Commissioners concurred to Fine him but with this comfortable conclusion That as it was in the Queens Power to have him punished so Her Highness might be prevailed with for mitigating or remitting of the Fine and this our Judge may be presumed no ill Instrument in the procuring thereof He bountifully reflected on Magdalen-Colledge in Cambridge which Infant-foundation had otherwise been starved at Nurse for want of Maintenance We know who saith The righteous man leaveth an inheritance to his childrens children and the well-thriving of his third Generation may be an evidence of his well-gotten Goods This worthy Judge died May the eighth in the thirty fourth of Queen Elizabeth When Judge Mounson and Mr. Dalton urged in Stubs his Case that Writ against Queen Elizabeth's marriage with the Duke of Anjou That the Act of Philip and Mary against the Authors and sowers of seditious Writings was mis-timed and that it died with Queen Mary my Lord Chief Justice Wray upon whom the Queen relied in that case shewed there was no mistaking in the noting of the time and proved by the words of the Act that the Act was made against those which should violate the King by seditious writing and that the King of England never dieth yea that that Act was renewed anno primo Eliz. during the life of her and the heirs of her body Five Particulars I have heard old men say he was choice in 1. His Friend which was always wise and equal 2. His Wife 3. His Book 4. His Secret 5. His Expression and Garb. By four things he would say an Estate was kept 1. By understanding it 2. By spending not until it comes 3. By keeping old Servants 4. By a Quarterly Audit The properties of Infancy is Innocence of Child-hood Reverence of Manhood Maturity and of Old Age Wisdome Wisdome that in this grave Person acted all its brave parts i. e. was mindful of what is past observant of things present and provident for things to come No better instance whereof need be alledged then his pathetick Discourses in the behalf of those two great Stays of this Kingdome Husbandry and Merchandize for he had a clear discerning Judgement and that not onely in points of Law which yet his Arguments and Decisions in that Profession manifest without dispute but in matters of Policy and Government wherein his Guess was usually as near Prophecy as any mans as also in the little mysteries of private
one another 1. That in our Considerations and Debates we should not dwell in deceitful Generals but look into clear Particulars 2. That in our Resolutions and Conclusions we should not rest on various Particulars but rise to uniform Generals A Man he was that reverenced himself that could be vertuous when alone and good when onely his own Theatre his own applause though excellent before the world his vertue improving by fame and glory as an heat which is doubled by reflexion Observations on the Life of Sir James Dier JAmes Dier Knight younger Son to Richard Dier Esquire was born at Round-hill in Somersetshire as may appear to any by the Heralds Visitation thereof He was bred in the study of our Municipal Law and was made Lord Chief Justice of the Common Pleas primo Eliz. continuing therein twenty four years When Thomas Duke of Norfolk was anno 1572 arraigned for Treason this Judge was present thereat on the same token that when the Duke desired Counsel to be assigned him pleading that it was granted to Humphrey Stafford in the Reign of King Henry the seventh our Judge returned unto him That Stafford had it allowed him only as to point of Law then in dispute viz. Whether he was legally taken out of the Sanctuary but as for matter of Fact neither he nor any ever had or could have Counsel allowed him But let his own works praise him in the Gates known for the place of publick Justice amongst the Jews let his learned Writings called The Commentaries or Reports evidence his Abilities in his Profession He died in 25 Eliz. though married without any issue and there is a House of a Baronet of his Name descended from an elder Son of Richard Father to our Judge at great Stoughton in Hunting tonshire well improved I believe with the addition of the Judges Estate There is a Manuscript of this worthy Judge wherein are six and forty Rules for the preservation of the Commonwealth as worthy our Observation as they were his Collection 1. That the true Religion be established 2. To keep the parts of the Commonwealth equal 3. That the middle sort of people exceed both the extreams 4. That the Nobility be called to serve or at least to appear at the Court by themselves or by the hopes of their Families their Children 5. That the Court pay well 6. That Trade be free and Manufactures with all other Ingenuities encouraged 7. Thgt there be no co-equal Powers nor any other Vsurpations against the Foundation 8. That there be notice taken of wise and well-affected Persons to employ them 9. That Corruption be restrained 10. That the Prince shew himself absolute in his Authority first and then indulgent in his Nature 11. That the first ferment of sedition want c. be considered 12. That Preferments be bestowed on merit and not faction 13. That troublesome persons be employed abroad 14. That Emulations be over-ruled 15. That the ancient and most easie way of Contributions when necessary be followed 16. That the Youth be disciplined 17. That Discourses and Writings of Government and its mysteries be restrained 18. That the active and busie be taken to Employment 19. That the King shew himself often in Majesty tempered with familiarity easie access tenderness c. 20. That the Prince perform some unexpected actions at Court himself 21. That no one man be gratified with the grievance of many 22. That Acts of Grace pass in the chief Magistrates Name and Acts of Severity in the Ministers 23. That the Prince borrow when he hath no need 24. That he be so well furnished with Warlike Provisions Citadels Ships as to be renowned for it 25. That the Neighbour-States be balanced 26. That the Prince maintain very knowing Agents Spies and Intelligencers 27. That none be suffered to raise a Quarrel between the Prerogative and the Law 28. That the People be awaked by Masters 29. That in cases of Faction Colonies and Plantations be found out to receive ill humours 30. That the Seas the Sea-coasts and Borders be secured 31. That the Prince be either resident himself or by a good natured and popular Favourite 32. To act things by degrees and check all the hasty importunate rash and turbulent though well-affected 33. That the Inhabitants have Honour promisouously but that Power be kept in the Well-affected's hands 34. That there be as far as can be plain dealing and the people never think they are deceived 35. That there be a strict eye kept upon Learning Arms and Mechanical Arts. 36. That there be frequent Wars 37. To observe the Divisions among Favourites though not to encourage them 38. That an account be given of the Publick Expences 39. That Inventions be encouraged 40. That the Country be kept in its due dependance on the Crown against the times of War Elections c. and to that purpose that the Courtiers keep good houses c. 41. That no disobliged person be trusted 42. That Executions be few suddain and severe 43. To improve the benefit of a Kingdomes Situation 44. That the Liberties and Priviledges of the Subject be so clearly stated that there may be no pretences for worse purposes 45. That the Coyn be neither transported nor embased 46. That Luxury be suppressed Maximes these that spake our Judge so conversant with Books and Men that that may be applyed to him which is attributed to as great a Divine as he was a Lawyer viz. That he never talked with himself Observations on the Life of Sir William Pelham SIr William Pelham was a Native of Sussex whose ancient and wealthy Family hath long flourished in Laughton therein His Prudence in Peace and Valour in War caused Queen Elizabeth to employ him in Ireland where he was by the Privy-Council appointed Lord Chief Justice to govern that Land in the interim betwixt the death of Sir William Drury and the coming in of Arthur Gray Lord Lieutenant of Ireland Say not that he did but stop a gap for a twelve-month at the most seeing it was such a gap Destruction had entred in thereat to the final ruine of that Kingdome had not his Providence prevented it For in this juncture of time Desmond began his Rebellion 1579 inviting Sir William to side with him who wisely gave him the hearing with a smile in to the Bargain And although our Knight for want of Force could not cure the wounds yet he may be said to have washed and kept it clean resigning it in a recovering condition to the Lord Gray who succeeded him Afterwards he was sent over into the Low-Countries 1586 being Commander of the English Horse therein It is said of him Brabantiam persultabat He leapt through Brabant importing celerity and success yea as much Conquest as so suddain an expedition was capable of He had a strong memory whereon he built his experience and a large experience whereon he grounded his actions There was no Town Fort Passage Hill or Dale either in Ireland or Holland
at Law the first of February 1626. 〈◊〉 on the eighth day following was sworn Lord chief-Chief-Justice of the Kings-Bench succeeding in that Office next save one unto his Country-man Sir James Ley than alive and preferred Lord Treasurer born within two miles one of another and next of all under Sir Francis Crew lately displaced Now though he entred on his Place with some disadvantage Sir Randal being generally popular and though in those dayes it was â—ard for the same Person to please Court and Countrey yet he discharged his Office with laudable integrity until 1631. Prudence obligeth Princes to refer the management of affairs to persons who have the reputation of extraordinary hoâ—esty especially to the transacting of such things which notwithstanding their innate justice may provoke any evill spirits The most part of man-kinde guessing onely by their own senses and apprehensions judge of the affairs by the persons wh 〈…〉 conduct them Opinion guideth the world and the reputation of him that negotiateth sets a value and price upon his words and actions and the opinion which is conceived of him is so absolute 〈◊〉 Umpire that there is no appeal from his judgement Opinion is the strongest thing in the world Truth the next Observations on the Life of Sir Walter Aston HE was a Gentleman of so much diligence in the Spanish Negotiations that there were no Orders Cabals Consultations in th 〈…〉 intricate time c. he was not acquainted with 〈◊〉 so much resolution that there was not a dangerous Message in that great businesse he would nâ— deliver Of that excellent converse that therâ— was not that Minister of State in that jealous Co 〈…〉 he was not familiar with Very observant he waâ— by Don Juan Taxardoes means of the Spanish prâ—ceedings and as well skilled with the Duke 〈◊〉 Buckingham's direction in the English though yâ— he confessed himself almost lost in those Intrigue had not the Duke stood between him and the King displeasure that suspected him and the Prince 〈◊〉 jealousie that feared him He had need have steady head that looks into such depths But as 〈…〉 had an excellent faculty of excusing others mis 〈…〉 iages so he had a peculiar way of salving his 〈◊〉 being advantaged with a great foresight a 〈◊〉 reservedness and a ready spirit Few understood better the Importance of the 〈…〉 glish Trade with Spain None pursued more diâ—gently its priviledges and freedom tracing most the secret Counsels and resolutions so closely at he was able with his industry and money to 〈◊〉 an account of most proceedings In the ma 〈…〉 gement whereof he resigned himself to the 〈…〉 ke's disposal professing to own no judgement 〈…〉 affection but what was guided by his direction 〈◊〉 own words are these Vntil I know by your Gra 〈…〉 favour by what compasse to guide my course I can 〈◊〉 follow his Majesties revealed will And the 〈…〉 ke's answer this You desire me to give you my opinion My ancient acquaintance long custome of lo 〈…〉 you with constancy of friendship invites me to 〈…〉 you this office of good will My Lord of Bristol shuffled the Cards well but 〈◊〉 Walter Aston playd them best The first set a 〈…〉 ign but the second pursued it being happy an humble and respectâ—uâ— carriage which open 〈…〉 the breast and unlocked the hearts of all men 〈…〉 him He that looked downward saw the Stars in 〈…〉 water but he who looked onely upward could 〈…〉 see the waters in the Stars Indeed there was in his countenance such a 〈…〉 one of sweetnesse and his words had so power 〈…〉 a charm set off with so agreeable and taking â—â—avity that the respect due to him was not lost in 〈◊〉 love he had deserved nor the love he attained to abated by the respect he commanded being one that had and gave infinite satisfaction in the Negotiations he engaged in Wherein among other things he would urge how unpolitick and unsuccessful it is for the Spanyard to meditate a conqueâ— of Europe where all his Neighbours oppose him rather than Asia where they would all joyn with him out of Interest and Conscience both to securâ— him from France and carry him towards Turkey at whose doors his friend the Emperour was ready to attaque them upon any Mutiny or Rebellion then frequent among them whose strength sai 〈…〉 Machiavel lyeth more in Tradition than in any real Truth Considering the contrary complexions of the people in point of Interest and Religion that can admit of no considerable coalition upon the approach of a Foreign impression Observations on the Life of Sir Julius Caesar SIr Caesar's Father being Physitian to Q 〈…〉 Elizabeth and descended of the ancient Family of the Dalmarii in Italy then living a Tottenham neer London This his Son was bred 〈◊〉 Oxford and after other intermediate preferments was advanced Chancellor of the Dutchy of Lancâ—ster and sworn a Privy-Councellor on Sunday th 〈…〉 sixth of July 1607. and afterwards was preferreâ— Master of the Rolls A Person of prodigious bouâ—ty to all of worth or want so that he might seeâ— to be Almoner-general of the Nation The story is well known of a Gentleman who once borrowing his Coach which was as well known to poor people as any Hospital in England was so rendevouz'd about with Beggars in London that it cost him all the money in his purse to satiâ—fie their importunity so that he might have hired twenty Coaches on the same terms Sir Francis Bacon Lord Verulam was judicious in his Election when perceiving his Dissolution to approach he made his last Bed in effect in the house of Sir Julius He continued more then twenty years Mr. of the Rolls and though heaved at by some Expectants sate still in his Place well poysed therein with his gravity and integrity Vir tantarum Elâ—emosynarum non movebitur a man of so great Alms and Prayers made by him and for him shall not be removed Nor was it without a prosperous Omen that his chief House in Hartfordshire was called Benington that is Villa benigna the bountiful Village as one Author will have it or as another Villa beneficii the Town of good turns from the River so named running by it His Arms were these viz. Gules three Roses Argent on a Chief of the first so many Roses of the second embleming the fragrancy of the Memory he hath left behinde him His Monument in great St. Hellens London being out of the road of ordinary Fancies was thus designed by himself in form of a Deed in ruffled Parchment in allusion to his Office as Master of the Rolls OMnibus Christi fidelibus ad quos hoc praesens Scriptum pervenerit Sciatis me Julium Dalmare alias Caesarem Militem utriusque legis Doctorem Elizabethae Reginae Supremae Curia Admiralitatis judicem unum 〈◊〉 Magistris libellorum Jacobo Regi ae Privatis Conciliis Cancellarium Scaccarii Scriniorum Magistrum hac praesenti Charta mea Confirmasse me
to Henry Lord Falkland whose quick and extraordinary parts and notable spirit performed much and promised more having a great command in the Countrey where he was Lord-Lieutenant a general respect in the house where he was Member a great esteem at Court with his Majesty and his Royal Highness the Duke of Yorke where he was both wit and wisdome When there was the first opportunity offered to honest men to act he laid hold of it and got in spight of all opposition to a thing called a Parliament By same token that when some urged he had not sowed his wilde Oats he is said to reply If I have not I may sowe them in the House where there are Geese enough to pick them up And when Sir F. N. should tell him he was a little too wilde for so grave a service he is reported to reply Alas I am wilde and my Father was so before me and I am no Bastard as c. In which Contention he out-did the most active Demagogues at their own weapon speaking When Major Huntington and his followers were for the long Parliament Sir F. N. L. S c. were for the secluded Members My Lord carried all the County for an absolute free Parliament which he lived to see and act in so successfully that he was voted generally higher in trusts and services had he not been cut off in the prime of his years as much missed when dead as beloved when living A great instance of what a strict Education for no man was harder bred a general Converse and a noble Temper can arrive to and what an Orator can do in a Democracy where the Affections of many is to be wrought upon rather than the judgement of few to be convinced A golden tongue falling under a subtle head under such a constitution hath great influence upon the whole Nation Observations on the Life of Sir James Ley Earl of Marlborough SIr James Ley son of Henry Ley Esquire one of great Ancestry who saith my Author on his own cost with his men valiantly served King Henry the Eighth at the siege of Boloin being his Fathers sixth son and so in probability barred of his inheritance endeavoured to make himself an Heir by his Education applying his book in Nose-Colledge and afterwards studying the Laws of the Land in Lincolns-Inne wherein such his proficiency King James made him Lord Chief-Justice in Ireland Here he practised the charge King James gave him at his going over yea what his own tender Conscience gave himself namely not to build his Estate upon the ruines of a miserable Nation but aiming by the unpartial execution of Justice not to enrich himself but civilize the People But the wise King would no longer loose him out of his own Land and therefore recalled him home about the time when his Fathers Inheritance by the death of his five elder brethren descended upon him It was not long before Offices and Honours flowed in fast upon him being made by King James King Charls 1. Attorney of the Court of Wards 1. Earl of Marlborough in Wiltshire 2. chief-Chief-Justice of the Upper Bench the 18 of his Reign Jan. 29. immediately after the King's Coronation 3. Lord Treasurer of England in the 22 of his Reign Dec. 22. 2. Lord President of the Council in which place he died Anno. Dom. 1629. 4. Baron Ley of Ley in Devonshire the last of the same month  He was a Person of great Gravity Ability and Integrity And as the Caspian Sea is observed neither to ebbe nor flow so his minde did not rise or fall but continued the same constancy in all conditions a good temper enough for a Judge but not for a States-man and for any States-man but a Lord Treasurer and for any Lord Treasurer but in King CHARLES his active time who was put to it to finde out such stirring men as might recover him from the hazard and defection he was fallen into in Purse and Power Observations on the Life of Henry Vere Earl of Oxford THis noble person had more of the Camp in h 〈…〉 temper than the Court whence his rougâ— Armour-constitution grated often against the our tiers Silks for when one of them laughed at h 〈…〉 milk-white Feather he returned smartly upon him with reflections on his Ancestors That it had no 〈…〉 in t in it His Predecessors had not been more 〈…〉 placable enemies to Spain in the Low-Countries 〈…〉 an he was at White-Hall backing those arguments against the Match stoutly in the Presence-Chamber that Doctor Hackwel had urged zealously in the Pulpit and as resolutely suffering imprisonment for the one as the Doctor did suspension for the other declaring himself as freely against the Agent Gondomar as against his business â—he Marriage For chancing to meet Gondomar at â—n Entertainment the Don accosted him with high Complements vowing That amongst all the 〈…〉 obility of England there was none he had tendered his service to with more sincerity than to his Lordship though hitherto such his unhappinesse that his affections were not accepted according to his integrity that tendered them It seems replyed the Earl of Oxford that your Lordship hath good leisure when 〈…〉 ping in your thoughts to one so inconsiderable as my self whose whole life hath afforded but two things memorable therein It is your Lordships modesty returned the Spaniard to undervalue your self whilest we the spectators of your Honours deserts make a true and impartial estimate thereof hundreds of memorables have met in your Lordshipe life But 〈…〉 od my Lord what are those two signal things more 〈…〉 spicuous than all the rest They are these two said the Earl I was born in the year 88 and chri 〈…〉 ned on the fifth of November Neither was he a more inveterate enemy to the Church of Rome than a cordial friend to that of England for presenting one Mr. Copinger to 〈…〉 neham he added to try him He would pay no tythes of his Parke Mr. Copinger desired again to resign it to his Lordship rather than by such sinful gratitude to betray the rights of the Church Well if you be of that minde said the Earl then take the tythes I scorn that my Estate should swell with Church-goods Observations on the Life of Sir John Cook SIr John Cook younger brother to Sir Francis Cook born at Trusley in the Hundred of Apple-tree in Derby-shire of ancient and worshipful Parentage and allied to the best Family in that County was bred Fellow of Trinity-Colledge in Cambridg where his wit being designed his Estate he was chosen Rhetorick-Lecturer in the University where he grew eminent for his ingenious and critical reading in that School where Rhetorick seemed to be not so much an art as his nature being not onely the subject but the very frame of his discourse then travelled he beyond the Seas for some years when his judgement was fitted for Foreign observations by Domestick experience in the company of a person of quality
promoted the three main Supporters of this Nation 1. It s Native Commodities 2. It s Artificial Manufactures 3. It s Vecture and Carriage and so died with that content and resolution that they do who are overtaken by Fate in the pursuit of great Actions and publick Designes Observations on the Life of Sir John Portman JOhn Portman Knight was born of wealthy and worshipful Extraction at Portman's Orchard in Somersetshire a fair Mannor which descended to him by inheritance the Heir of the Orchard being match'd into his Family He was bred in the study of the Common Law attaining to such eminency therein that June 11. 2 of Queen Mary he was made Chief Justice of the Kings Bench continuing two years in the place and dying therein for ought I finde to the contrary and a Baronet of his Name and Linage flourisheth at this day with a great and plentiful Estate No doubt but he died in his place there being none of those things that carry disgrace and downfal with them incident to him For the first thing that ruines a Courtier is a boasting of his own service and then our Knight none more modest The second is an undutiful observation of our Princes actions and none more faithful and meek The third is the revealing or abusing of secrets and none more reserved and civil The fourth thing is either provoking the Nobility against himself or dividing them among themselves he was too wise for the one his designe being rather alliance then quarrel to adde interest to his Estate and honour to his Riches and too quiet for the other Many have an Opinion not wise saith that Oracle that for a Prince to govern his Estate or for a great Person to guide his Proceedings according to the respect of factions is a principal part of policy whereas contrarywise the chiefest wisdome is either in ordering those things that are general and wherein men of several factions do nevertheless agree or in dealing with or correspondence to particular persons one by one Mean men in their rising must adhere but Great men that have strength in themselves were better to maintain themselves indifferent and neutral The fifth particular that pulleth down a man is a misunderstanding of his own interest or the Princes Our Judge understood both being equally made up of Craterus and Haephestion faithfulness and compliance The sixth is the hatred of the many whom this persons integrity always obliged there being no herd more feral then an enraged multitude or the envy of the great whom his wariness disobliged not it being more fatal to incense a Favourite who would be above all affronts by his greatness then a Prince who is so by Law The seventh misfortune is to be too much concerned in the secrets of Princes wherewith Sir William never meddled without assistants never acted without a Warrant The eighth is unsuccessful Counsel and our Knight went the safe and middle way neither to be feared nor envied which he was always present to second prosecute or correct as he saw most cause His sharp and sound judgement to distinguish Persons Affairs and other Circumstances and accordingly how to order the manner of his Proceedings was much his well-weighed and wary though quick apprehension and experience from Men and Books more his particular memory and its minute observation for his conduct and business most of all His care of vain and idle Prepossessions balanced his soul his temper managed it his love was choice and cautious his hope moderate and knowing his confidence slow but certain his desires and joys allayed and checked or quickened by the edge of his anger or the caution of his fear and all sedate with his foresight Nature did this person some wrong in his Body but made him amends in his Soul the fails of the One are foils to set off the Other the first comes off with more Glory by the pully and defect of the second Besides that the unkindness of Nature puts men often upon being eminent in Art that the happiness of this may divert men from observing the unhappiness of that But of all the Vertues his constant and growing Soul raised him to this was one That he durst not entertain a Gift which as he said conquers both the foolish and the wise which in publick places it is a Vice to accept and not a Vertue to offer It being a snare rather then a favour His next was Diligence Neglect wastes a man as insensibly as Industry improves him We need no more but sit still and Diseases will arise onely for want of exercise Man 's a Watch that must be looked to and wound up every day the least incuriousness steals to improficiency or offence which degreeingly weighs us down to extremity Diligence alone is a fair Fortune and Industry a good Estate There are five mens Activities that raise to Estates 1. The Divine to a small but an honest one 2. The Physitian to a competency but uncertain 3. The Courtier to a great one and an honourable 4. The Citizen to a large one but not lasting And 5. The Lawyer to one large and firm too Seldome doth his Family fail who is sure to tye his Estate to his Childe by an Entayl and his Childe to his Estate by an Education and an Employment When we observe the several alterations in Gentry we finde four principal Actors on the Theatres of great Families the Beginner the Advancer the Continuer and the Ruiner 1. The Beginner who by his Vertues refineth himself from the dross of the Vulgar and layeth the foundation of his house 2. The Advancer who improveth it 3. The Continuer who conveyeth it to his Posterity as he received it from his Ancestors 4. The Ruiner that degenerates from his Fathers Our Judge began not but advanced that excellent Family whose original I cannot finde so ancient it is and whose end I hope none will see it is so noble Observations on the Life of William Howard WIlliam Howard son to Thomas Howard second of that Surname Duke of Norfolk was by Queen Mary created Baron of Effingham in Surrey and by her made Lord Admiral of England which place he discharged with credit He was one of the first Favourers and Furtherers with his Purse and Countenance of the strange and wonderful discovery of Russia He died anno Donâ— 1554. This Noble Person had his plainness from his Father his ingenuity from his Mother his experience by Travel and Navigation his Blood endeared him to his Soveraign and his Abilities advanced him to her service He promised no less to his Mistress then his Father and Uncle had performed to her Father The Ancestors merit is security for Posterities who will hardly forfeit that favour with one act of their own unworthiness that was gained by so many of their Predecessors service Like a well-drawn picture this Lord had his eye on all round on his Queen to be faithful on his Country to be publick-spirited on
all the Judges should sometimes by the K. himself and sometimes by the Lord Chancellor or Lord Keeper in the King's 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 King's 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 employment whereas now they are sometimes enforced to rise over-early and to sit over-late for the dispatch of their businesse to the extraordinary trouble of themselves and of the people their times indeed not being â—orae juridicâ— And which is the main they would have the more leisure to inform themseves quasi aliud agentes of the true estate of the Country 10. The attendence 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 onely 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 vendere jure potest emâ—rat 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 Ser jeants at Law for such they must be first before they be made Judges none should be made Ser jeants but such as probably might be held fit to be Judges afterwards when the experience at the Barr 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 honouâ— to the person so preferred nor to the King who thus prefers him 14. For the Kings Counsel at the Law especially his Attorney and Solicitor General I need say nothing their continual use for the Kings service not onely for his Revenue but for all the parts of his Government will put the King and all those who love his service in minde to make choice of men every way fit and able for that employment they had need to be learned in their prosession and not ignorant in other things and to be dexterous in those affairs where of the dispatch is committed to them 15. The Kings Attorney of the Court of Wardâ— 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 of that Court and partly of an Attorney General for so much as concerns the proper â—evenue of the Dutchy 17. I must not forget 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 Coyf onely the chief Justice of Chester who is one of the 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 superiour some provincial and some of a lower orb It were to be wished and is fit to be so ordered that every of them keep themselves within their proper spheres The harmony of justice is then the sweetest when there is no jarring about the jurisdiction of the Courts which me-thinks wisdome cannot much differ upon their true bounds being for the most part so clearly known 19. Having said thus much of the Judges somewhat will be fit to put you in minde concerning the principal Ministers of Justice and in the first of the High Sheriffs of the Counties which have been very ancient in this Kingdome I am sure before the Conquest The choice of them I commend to your care and that at fit times you put the King in minde thereof That as neer as may be they be such as are fit for those places for they are of great trust and power The Posse Comitatus the power of the whole County being legally committed unto them 20. Therefore it is agreeable with the intention of the Law that the choice of them should be by the commendation of the great Officers of the Kingdom and by the advice of the Judges who are presumed to be well read in the condition of the Gentry of the whole Kingdom And although the King may do it of himself yet the old way is the good way 21. But I utterly condemn the practice of the latter times which hath lately crept into the Court at the back-stairs That some who are prick'd for Sheriffs and were fit should get out of the Bill and others who were neither thought upon nor worthy to be should be nominated and both for money 22. I must not omit to put you in minde of the Lords Lieutenants and Deputy-Lieutenants of the Counties their proper use is for ordering the Military affairs in order to an invasion from abroad or a rebellion or sedition at home good choice should be made of them and prudent instructions given to them and as little of the Arbitrary power as may be left unto them and that the Muster-Masters and their Officers under them incroach not upon the Subject that will detract much from the King's service 23. The Justices of Peace are of great use Antiently there were Conservators of the peace these are the same saving that several Acts of Parliament have altered their denomination and enlarged their