for the Nobility Touching the Oppression of the People he mentioneth four points 1. The Conâ—umption of People in the Wars 2. The Interruption of Traffick 3. The Corruption of Iustice. 4. The Multitude of Taxations Unto all which points there needeth no long Speech For the first thanks be to God the Benediction of Crescite and Multiplicamini is not so weak upon this Realm of â—ngland but The Population thereof may afford such Losse of Men as were sufficient for the Making our late Wars and were in a perpetuity without being seen either in City or Countrey We â—ead that when the Romans did take Cense of their People whereby the Citizens were numbred by the Poll in the beginning of a great War and afterwards again at the ending there sometimes wanted a Third Part of the Number But let our Muster Books be perused those I say that certifie the Number of all Fighting Men in every Shire of vicesimo of the Queen At what time except a Handfull of Souldiers in the Low Countries we expended no Men in the VVars And now again at this present time there will appear small Diminution There be many Tokens in this Realm rather of Presse and Surcharge of People then of Want and Depopulation which were before recited Besides it is a better Condition of Inward Peace to be accompanied with some Exercise of no Dangerous Warr in Forrain parts then to be utterly without Apprentisage of Warr whereby People grow Effeminate and unpractised when Occasion shall be And it is no small strength unto the Realm that in these Warrs of Exercise and not of Perill so many of our People are trained And so many of our Nobility and Gentlemen have been made Excellent Leaders both by Sea and Land As for that he objecteth we have no Provision for Souldiers at their Return Though that Point hath not been altogether neglected yet I wish with all my Heart that it were more Ample then it is Though I have read and heard that in all Estates upon Casheering and Disbanding of Souldiers many have endured Necessity For the Stopping of Traffique as I referred my Self to the Muster-Books for the First So I refer my Self to the Custome-Books upon this which will not lye And do make Demonstration of no Abatement at all in these last years but rather of Rising and Encrease We know of many in London and other places that are within a small time greatly come up and made Rich by Merchandizing And a Man may speak within his Compasse and affirm That our Prizes by Sea have countervailed any Prizes upon us And as to the Iustice of this Realm it is true that Cunning and Wealâ—h have bred many Sutes and Debates in Law But let those Points be considered The Integrity and Sufficiency of those which supply the Iudiciall places in the Queens Courts The good Laweâ— that have been made in her Majesties time against Informers and Promoters And for the bettering of Trialls The Example of Severity which is used in the Star-chamber in oppressing Forces and Fraâ—des The Diligence and Stoutness that is used by Iustices of Assises in Encountring all Countenancing and Bearing of Causes in the Countrey by their Authorities and Wisedome The great Favours that have been used towards Coppy-holders and Customary Tenants which were in ancient times meerly at the Discretion and Mercy of the Lord And are now continually relieved from hard Dealing in Chancery and other Courts of Equity I say let these and many other Points be considered and Men will worthily conceive an Honourable Opinion of the Iustice of England Now to the Points of Levies and Distributions of Money which he calleth Exactions First very coldly he is not abashed to bring in the Gathering for Paules Steeple and the Lottery Trifles Whereof the former being but a Voluntary Collection of that Men were freely disposed to give never grew to so great a Sum as was sufficient to finish the Work for which it was appointed And so I imagine it was converted into some other use like to that Gathering which was for the Fortifications of Paris save that the Gathering for Paris came to a much greater though as I have heard no competent Sum. And for the Lottery it was but a Novelty devised and followed by some particular persons and onely allowed by the State being as a Gain of Hazzard Wherein if any Gain was it was because many Men thought Scorn after they had fallen from their greater hopes to fetch their odd Money Then he mentioneth Loanes and Privy Seales Wherein he sheweth great Ignorance and Indiscretion considering the Payments back again have been very Good and Certain And much for her Majesties Honour Indeed in other Princes Times it was not wont to be so And therefore though the Name be not so pleasant yet the Vse of them in our Times have been with small Grievance He reckoneth also new Customes upon Cloathes and new Impost upon Wines In that of Cloathes he is deceived For the ancient Rate of Custome upon Cloathes was not raised by her Majesty but by Queen Mary a Catholique Queen And hath been commonly continued by her Majesty Except he mean the Computation of the odd yards which in strict Duty was ever answerable Though the Error were but lately looked into or rather the Tolleration taken away And to that of Wines being a Forrain Merchandize and but a Delicacy and of those which might be forborn there hath been some Encrease of Imposition which can rather make the Price of Wine Higher â—hen the Merchant poorer Lastly touching the Number of Subsidies it is true that her Majesty in respect of her great Charges of her Warrs both by Sea and Land against such a Lord of Treasure as is the King of Spain Having for her part no Indies nor Mines And the Revenues of the Crown of England being such as they lesse grate upon the People then the Revenues of any Crown or State in Europe Hath by the Assent of Parliament according to the ancient Customes of this Realm received divers Subsidies of her People which as they have been employed upon the Defence and preservation of the Subject Not upon Excessive Buildings nor upon Immoderate Donatives Nor upon Triumphs and Pleasures Or any the like veines of Dissipation of Treasure which have been Familiar to many Kings So have they been yielded with great good will and cheerfulness As may appear by other kinds of Benevolence presented to her likewise in Parliament which her Majesty neverthelesse hath not put in Ure They have been Taxed also and Asseissed with a very Light and Gentle Hand And they have been spared as much as may be As may appear in that her Majesty now twice to spare the Subject hath sold of her own Lands But he that shall look into other Countries and conâ—ider the Taxes and Tallages and Impositions and Assises and the like that are every where in use Will find that the English Man is the most
within the Compasse of any Moderation But theâ—e Things being with us to have an orderly passage under a King who hath a Royall power and approved Judgement And knoweth as well the Measure of Things as the Nature of them It is surely a needlesse Fear For they need not doubt but your Majesty with the advise of your Councell will discern what Things are intermingled like the Tares amongst the wheat which have their Roots so enwrapped and entangled as the one cannot be pulled up without endangering the other And what are mingled but as the Chaffe and the Corn which need but a Fanne to sift and sever them So much therefore for the first Point of no Reformation to be admitted at all For the Second Point that there should be but one form oâ— Discipline in all Churches And that imposed by necessity of a Commandement and prescript out of the word of God It is a Matter Volumes have been compiled of and therefore cannot receive a brief Redargution I for my part do confesse that in Revolving the Scriptures I could never find any such Thing But that God had left the like Liberty to the Church Government as he had done to the Civill Government To be varied according to Time and Place and Accidents which neverthelesse his high and Divine Providence doth order and dispose For all Civil Governments are restrained from God unto the general Grounds of Justice and Manners But the Policies and Forms of them are left Free So that Monarchies and Kingdoms Senates and Seignories Popular States and Communalties are lawfull And where they are planted ought to be maintained inviolate So likewise in Church Matters the Substance of Doctrine is Immutable And so are the generall Rules of Government But for Rites and Ceremonies And for the particular Hierarchies Policies and Disciplines of Churches they be left at large And therefore it is good we return unto the ancient Bounds of Vnity in the Church of God which was One Faith One Baptisme And not one Hierarchy one Discipline And that we observe the League of Christians as it is penned by our Saviour which is in substance of Doctrine this He that is not with us is against us But in Things indifferent and but of circumstance this He that is not against us is with us In these things so as the generall Rules be observed That Christs Flock be fed That there be a Succession in Bishops and Ministers which are the Prophets of the new Testament That â—here be a due and reverent use of tâ—e power of the Keyes That those that preach the Gospel live of the Gospel That all things tend to edification That all things be done in order and with decency And the like The rest is left to the Holy wiâ—dome and Spirituall Discretion of the Master Builders and inâ—eriour Builders in Christs Church As it is excellently alluded by that Father that noted That Christs Garment was without Seam and yet the Churches Gâ—rment was of divers Colours And thereupon setteth down for a Rule In veste varietas sit scissura non fit In which Variety neverthelesse it is a safe and wise Course to follow good Examples and Presidents But then by the Rule of Imitation and Example to consider not onely which are Best but which are the Likeliest as namely the Goverâ—ment of the Church in the purest Times of the first Good Emperours that embraced the Faith For the Times of Persecution before Temporall Princes received our Faith As they were excellent Times for Doctrine and Manners so they be unproper and unlike Examples of outward Government and Policie And so much for this Point Now to the particular Points of Controversies or rather of Reformation Circumstances in the Government of Bishops FIrst therefore for the Government of Bishops I for my part not prejudging the Presidents of other Reformed Churches do hold it warranted by the Word of God and by the Practise of the Ancient Church in the better Times And much more convenient for Kingdoms then Parity of Ministers and Government by Synods But then further it is to be considered that the Church is not now to plant or Build But onely to be proiâ—ed from Corruption And to be repaired and restored in some decayes For it is worth the Noting that the Scripture saith Translato Sacerdotio necesse est ut Legis fiat Translatio It is not possible in respect of the great and neer Sympathy between the State Civill and the State Ecclesiasticall to make so main an alteration in the Church but it would have a perillous operation upon the Kingdoms And therefore it is fit that Controversie be in Peace and Silence But there be two Circumstances in the Administration of Bishops Wherein I confesse I could never be satisfied The one the sole Exercise of their Authority The other the Deputation of their Authority For the First the Bishop giveth Orders alone Excommunicateth alone Iudgeth alone This seemeth to be a Thing almost without Example in good Government and therefore not unlikely to have crept in in the degenerate and corrupt Times We see the greatest Kings and Monarchs have their Councells There is no Temporall Court in England of the Higher sort where the Authority doth rest in one person The Kings Bench Common Pleas and the Exchequer are Benches of a certain Number of Judges The Chancellour of England hath an Assistance of twelve Masters of the Chancery The Master of the Wards hath a Councell of the Court So hath the Chancellour of the Dutchy In the Exchecquer Chamber the Lord Treasurer is joyned with the Chancellour and the Barons The Masters of the Requests are ever more then One. The Iustices of Assise are two The Lord Presidents in the North and in Wales have Councells of divers The Star-Chamber is an Assembly of the Kings Privy Counâ—ell aspersed with the Lords Spirituall and Temporall So as in Courts the principall Person hath ever eitheâ— Colleagues or Assessours The like is to be found in other well governed Common-Wealths abroad where the Iurisdiction is yet more dispersed As in the Court of Parliament of France And in other places No man will deny but the Acts that passe the Bishops Iurisdiction are of as great Importance as those that passe the Civil Courts For Mens Souls are more precious then their Bodies or Goods And so are their Good Names Bishops have their Infirmities have no Exception from that generall Malediction which is pronounced against all Men Living Vae Soli nam si ceciderit c. Nay we see that the fiâ—st Warrant in Spirituall Causes is directed to a Number Dic Ecclesiae which is not so in Temporall Matters And we see that in generall Causes of Church Government there are as well Assemblies of all the Clergy in Councells as of all the States in Parliament Whence should this sole exercise of Jurisdiction come Surely I do suppose and I think â—pon good Ground That Ab Initio non fuit ita
Company break it must either be put upon the Patent or upon the Order made by themselves For the Patent I satisfied the Board that there was no Title in it which was not either Verbatim in the Patent of the Old Company Or by special warrant from the Table inserted My Lord Cooke with much respect to me acknowledged but disliked the Old Patent it self and disclaimed his being at the Table when the Additions were allowed But in my Opinion howsoever my Lord Cooke to magnify his Science in Law draweth every thing though sometimes unproperly and unseasonably to that kinde of Question it is not convenient to break the Business upon those Points For considering they were but Clauses that were in the former Patents and in many other Patents of Companies And that the Additions likewise passed the Allowance of the Table it will be but clamoured and perhaps conceived that to quarrel them now is but an Occasion taken And that the Times are changed rather than the Matter But that which preserveth entire your Majesties Honour and the Constancy of your Proceedings is to put the Breach upon their Orders For this Light I gave in my Report which the Table readily apprehended and much approved That if the Table reject their Orders as unlawfull and unjust it doth free you from their Contract For whosoever contracteth or undertaketh any thing is alwayes understood to perform it by lawfull means So as they have plainly abused the State if that which they have undertaken be either impossible or unjust I am bold to present this Consideration to that excellent Faculty of your Majesties Judgement because I think it importeth that future Good which may grow to your Majesty in the close of this Business That the Falling ofâ— be without all Exception God have you in his precious Custody Your Majesties most humble and bounden Subject and Servant A Letter to the King touching the Lord Chancellers Sickness Feb. 9. 1615. It may please your most excellent Majesty I Am glad to understand by Mr. Murray that your Majesty accepteth well of my poor Endeavours in opening unto you the passages of your Service That Business may come the less crude and the more prepared to your Royal Iudgement the perfection whereof as I cannot expect they should satisfy in every particular so I hope through my Assiduity there will result a good Total My Lord Chancellers Sickness falleth out durâ— Tempore I have alwaies known him a wise Man and of just Elevation for Monarchy But your Majesties service must not be Mortal And if you leese him as your Majesty hath now of late purchased many Hearts by depressing the Wicked So God doth minister unto you a Counterpart to doe the like by raising the Honest. God evermore preserve your Majesty Your Majesties most humble Subject and bounden Servant A Letter to the King of my Lord Chancellers Amendment and the Difference begun between the Chancery and Kings Bench Feb. 15. 1615. It may please your excellent Majesty I Doe find God be thanked a sensible Amendment in my Lord Chanceller 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 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 Look He hath no panting or labouring Respiration Neither are his Coughs dry or weak But whosoever thinketh his Disease is but Melancholy he maketh no true Judgement 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 Commissions in readiness because Mr. Secretary Lake hath let me understand he signifyed as much to your Majesty But I hope there shall be no use for them at this time And as I am glad to advertise your Majesty of the Amendment of your Chancellers 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 the Habeas Corpora which was the third Matter in Law you had given me in charge I did think the Communion in Service between my Lord Chanceller and my Lord Chief Iustice in the great Business of Examination would so joyn 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 of Premunire preferred into the Kings Bench but not sound Is not so much as is voiced abroad though I must say it is omni tempore Nimium et hoc tempoâ—e Alienum And therefore I beseech your Maâ—esty not to give any Beleeving Ear to Reports but to receive the Truth from me that am your Atturney General and ought to stand indifferent for Iurisdictions of all Courts which Account I cannot give your Majesty now because I was then absentâ— And some are now absent which are properly and authentically to inform me touching that which passed Neither let this any wayes disjoynt your other Business For there is a time for all things And this very Accideâ—t 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 Iurisdictions But because some good Occasion by this Excess may be taken to settle that which would have been more dangerous if it had gone out by little and little God ever preserve your Majesty Your Majesties most humble Subject and most bounden Servant A Letter to Sir George Villiers touching the Difference between the Court of Chancery and the Kings Bench. Febr. 19. 1615. SIR I received this Morning from you two Letters by the same Bearer The one written before the other 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 for this Time than between the Perâ—ons of my Lord Chanceller and my Lord Chief Iustice I marvail 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 dayes For sooner I cannot be ready I will write unto his Majesty both the Narrative truly and my Opinion sincerely Taâ—ing 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 Chanceller this day And so to exhibite that Cordial of his Majesties Grace As I hope that other Accident will rather rouze and raise his Spirit than deject him or encline him to
Princes can have no Justice without treading in their steps Secondly his Lordship did observe some Improbability that the wrongs should be so great considering Trading into those parts was never greater whereas if the wrongs and griefs were so intollerable and continuall as they propound them It would work rather a generall Discouragement and Coldness of Trade in Fact Then an earnest and hot Complaint in Words Thirdly his Lordship did observe That it is a Course howsoever iâ— may be with a good Intent yet of no small presumption for Merchants upon their particular Grievances to urge things tending to a direct War Considering that nothing is more usuall in Treaties then that such particular Dammages and Molestations of Subjects are left to a Form of Justice to be righted And that the more high Articles do retain nevertheless their vigour inviolably And that the great Bargain of the Kingdome for War and Peace may in no wise depend upon such petty Forfeitures No more then in common Assurance between Man and Man it were fit that upon every breach of Covenants there should be limitted a Re-entry Fourthly his Lordship did observe In the manner of preferring their Petition they had inverted due order Addressing themselves to the Foot and not to the Head For considering that they prayed no new Law for their Relief And that it concerned Matter of Inducement to War or Peace They ought to have begun with his Majesty unto whose Royall Judgement Power and Office did properly belong the discerning of that which was desired The putting in Act of that which mought be granted And the Thanks for that which mought be obtained Fâ—fthly his Lordship did observe That as they had not preferred their Petition as it should be So they had not pursued their own Direction as it was For having directed their Petition to the King the Lords spirituall and Temporall and the Commons in Parliament assembled It imported as if they had offered the like Petition to the Lords which they never did Contrary Not onely to their own Direction but likewise to our Conceipt who presupposed as it should seem by some Speech that passed from us at a former Conference That they had offered severall Petitions of like tenour to both Houses So have you now those eight Observations part Generall part Speciall which his Lordship made touching the Persons of those which exhibited the Petition and the Circumstances of the same For the Matter of the Petition it self his Lordship made this Division That it consisteth of three parts First of the Complaints of wrongs in Fact Secondly of the Complaints of wrongs in Law As they may be truly termed That is of the Inequality of Lawes which do regulate the Trade And thirdly the Remedy desired by Letters of Mart. The wrongs in Fact receive a locall Distribution of three In the Trade to Spain In the Trade to the Westâ—Indies And in the Trade to the Levant Concerning the Trade to Spain Although his Lordship did use much signification of Compassion of the Injuries which the Merchants received And attributed so much to their Profession and Estate As from such a mouth in such a Presence they ought to receive for a great deal of Honour and Comfort which Kind of Demonstration he did enterlace throughout â—is whole Speech as proceeding Ex Abundantiâ Cordis yet nevertheless he did remember four Excusations or rather Extenuations of those wrongs The first was that the Injustices complained of were not in the Highest Degree Because they were Delayes and hard proceedings and not Inique Sentences or definitive Condemnations Wherein I called to mind what I heard a great Bishop say That Courts of Iustice though they did not turn Iustice into Wormwood by Corruption yet they turned it into Vinegar by Delaies which sowred it Such a Difference did his Lordship make which no question is a Difference secundum Magis Minus Secondly his Lordship ascribed these Delayes not so much to Mallice or Alienation of Mind towards us As to the Nature of the People and Nation which is Proud and therefore Dilatory For all proud Men are full of Delayes and must be waited on And specially to the Multitudes and Diversities of Tribunals and places of justice And the Number of the Kings Counsels full of Referrings which ever prove of necessity to be Deferrings Besides the great Distance of Territories All which have made the Delayes of Spain to come into a Byword through the World Wherein I think his Lordship might allude to the Proverb of Italy Me Venga la Morte di Spagna Let my Death come from Spain For then it is sure to be long a comming Thirdly his Lordship did use an Extenuation of these wrongs drawn from the Nature of Man Nemo subitò fingitur For that we must make an account That though the Fire of Enmity be out between Spain and us yet it vapoureth The utter Extincting whereof must be the work of Time But lastly his Lordship did fall upon that Extenuation which of all the rest was must forcible which was That many of these wrongs were not sustained without some Aspersion of the Merchants own Fault in ministring the Occasion which grew chiefly in this manner There is contained an Article in the Treaty between Spain and us That we shall not transport any Native Commodities of the Low-Countreys into Spain Nay more that we shall not transport any Opificia Manufactures of the same Countreys So that if an English Cloath take but a Dye in the Low Countryes it may not be transported by the English And the Reason is because even those Manufactures although the Materiall come from other Places do yield unto them a Profit and Sustentation in regard their People are set on work by them They have a gain likewise in the Price And they have a Custome in the Transporting All which the Pollicy of Spain is to debar them of Being no less desirous to Suffocate the Trade of the Low-Countries then to reduce their Obedience This Article the English Merchant either doth not or will not understand But being drawn with his threefold Cord of Love Hate and Gain They do adventure to transport the Low-Countrey Commodities of these natures And so draw upon themselves these Arrests and Troubles For the Trade to the Indies His Lordship did discover unto us the state of it to be thus The Pollicy of Spain doth keep that Treasury of theirs under such Lock and Key as both Confederates yea and Subjects are excluded of Trade into those Countries Insomuch as the French King who hath reason to stand upon equall termes with Spain yet nevertheless is by expresse Capitulation debarred The Subjects of Portugall whom the State of Spain hath studied by all means to content are likewise debarred Such a vigilant Dragon is there that keepeth this Golden Fleece yet neverthelesse such was his Majesties Magnanimity in the Debate and Concluâ—ion of the last Treaty As he would never condiscend to any Article importing
a particular Examination of it Thirdly whether we shall content our selves with some Entry or Protestation amongst our selves And Fourthly whether we shall proceed to a Message to the King And what Thus I have told you mine Opinion I know it had been more safe and politick to have been silent But it is perhaps more honest and lovingâ— to speak The old Verse is Nam nulli tacuisse nocet nocet esse locutum But by your leave David saiâ—h Silui à bonis Dolor meus renovatus est When a Man speaketh He may be wounded by Others but if He holds his peace from Good Things he wounds Himself So I have done my part and leave it to you to do that which you shall judge to be the best The Charge of Sir Francis Bacon Knight his Majesties Atturney Generall against William Talbot a Counsellor at Law of Ireland upon an Information in the Star-Chamber Ore tenus For a writing under his Hand whereby the said William Talbot being demanded whether the Doctrine of Suarez touching Deposing and Killing of Kings Excommunicated were true or no He answered that he referred himself unto that which the Catholick Roman Church should determine thereof Ultimo die Termini Hilarij undecimo Iacobi Regis My Lords I Brought before you the first sitting of this Term the Cause of Duels But now this last sitting I shall bring before you a Cause concerning the greatest Duell which is in the Christian World The Duels and Conflicts between the lawfull Authority of Soveraign Kings which is Gods Ordinance for the comfort of Humane Society And the swelling pride and usurpation of the See of Rome in Temporalibus Tending altogether to Anarchy and Confusion Wherein if this pretence by the Pope of Rome by Cartels to make Soveraign Princes as the Banditi And to proscribe their Lives and to expose their Kingdomes to prey If these pretences I say and all Persons that submit themselves to that part of the Popes Power be not by all possible Severity repressed and punished The State of Christian Kings will be no other then the ancient Torment described by the Poets in the Hell of the Heathen A man sitting richly roabed solemnly attended delicious fare c. With a Sword hanging over his Head hanging by a small thread ready every moment to be cut down by an accursing and accursed hand Surely I had thought they had been the Prerogatives of God alone and of his secret Judgements Solvam Cingula Regum I will loosen the Girdles of Kings Or again He powreth contempt upon Princes Or I will give a King in my wrath and take him away again in my displeasure And the like but if these be the Claims of a Mortall Man certainly they are but the Mysteries of that Person which exalts himself above all that is called God Supra omne quod dicitur Deus Note it well Not above God though that in a sense be true in respect of the Authority they claim over the Scriptures But Above all that is called God That is Lawfull Kings and Magistrates But my Lords in this uel I find this Talbot that is now before you but a Coward For he hath given ground He hath gone backward and forward But in such a fashion and with such Interchange of Repenting and Relapsing as I cannot tell whether it doth extenuate or aggravate his Offence If he shall more publikely in the face of the Court fall and settle upon a right mind I shall be glad of it And he that would be against the Kings Mercy I would he might need the Kings Mercy But neverthelesse the Court will proceed by Rules of Justice The Offence wherewith I charge this Talbot Prisoner at the Bar is this in brief and in Effect That he hath maintained and maintaineth under his hand a power in the Pope for the Deposing and Murthering of Kings In what sort he doth this when I come to the proper and particular charge I will deliver it in his own words without Pressing or Straining Buâ— before I come to the particular charge of this Man I cannot proceed so coldly but I must expresse unto your Lordships the extreme and imminent Danger wherein our Dear and Dread Soveraign is And in him we all Nay and wherein all Princes of both Religions For it is a common Cause do stand at this day By the spreading and Enforcing of this furious and pernicious Opinion of the Popes Temporall Power which though the modest Sort would blanch with the Distinction of In ordine ad Spiritualia yet that is but an Elusion For he that maketh the Distinction will also make the Case This perill though it be in it self notorious yet because there is a kind of Dulness and almost a Lethargy in this Age Give me leave to set before you two Glasses Such as certainly the like never met in one Age The Glasses of France and the Glasse of England In that of France the Tragedies acted and executed in two Immediate Kings In the Glasse of England the same or more horrible attempted likewise in a Queen and King immediate But ending in a happy Deliverance In France H. 3. in the face of his Army before the walls of Paris stabbed by a wretched Iacobine Fryer H. 4. a Prince that the French do surname the Great One that had been a Saviour and Redeemer of his Country from infinite Calamities And a Restorer of that Monarchy to the ancient State and Splendour And a Prince almost Heroicall except it be in the Point of Revolt from Religion At a time when he was as it were to mount on Horse-back for the Commanding of the greatest Forces that of long time had been levied in France This King likewise stilletted by a Rascal votary which had been enchanted and conjured for the purpose In England Queen Elizabeth of blessed memory A Queen comparable and to be rankt with the greatest Kings Oftentimes attempted by like votaries Sommervile Parry Savage and others But still protected by the Watch-man that Slumbreth not Again our excellent Soveraign King Iames The Sweetness and Clemency of whose nature were enough to quench and mortifie all Malignity And a King shielded and supported by Posterity Yet this King in the Chair of Majesty his Vine and Olive Branches about him Attended by his Nobles and Third Estate in Parliament Ready in the Twinckling of an Eye As if it had been a particular Doomesday To have been brought to Ashes dispersed to the four Winds I noted the last day my Lord Chief Iustice when he spake of this Powder Treason he laboured for words Though they came from him with great Efficacy yet he truly confessed and so must all Men That that Treason is above the Charge and Report of any Words whatsoever Now my Lords I cannot let passe but in these Glasses which I spake of besides the Facts themselves and Danger to shew you two Things The one the Wayes of God Almighty which turneth the Sword of Rome
and Banks Some Things that were conceived to be in some Proclamations Commissions and Pattents as Overflowes have been by his Wisedom and Care reduced whereby no doubt the Main Channell of his Prerogative is so much the stronger For evermore Overflowes do hurt the Channell As for Administration of Iustice between Party and Party I pray observe these points There is no Newes of Great Seal or Signet that flies abroad for Countenance or Delay of Causes Protections rarely granted and only upon great Ground or by Consent My Lords here of the Councell and the King himself meddle not as hath been used in former times with Matters of Meum and Tuum except they have apparent mixture with Matters of Estate but leave them to the Kings Courts of Law or Equity And for Mercy and Grace without which there is no standing before Iustice we see the King now hath raigned 12. years in his White Robe without almost any Aspâ—rsionâ— of the Crimsâ—n Die of â—lood There sits my Lord Hobâ—rt â—hat served Atâ—urney seven years I served with him We were so happy as there passed not through our hands any one Arraignment for Treason And but one for any Capitall Offence which was that of the Lord Sanquier The Noblest piece of Iustice one of them that ever came â—orth in any Kings Times As for Penall Lawes which lie as Snares upon the Subjects And which were as a Nemo seit to King Henry 7. It yeelds a Revenue that will scarce pay for the Parchment of the Kings Records at Wâ—stminster And lastly for Peace we see manifestly his Majesty bears some Resemblance of that great Name A Prince of Peace He haâ—h preserved his Subjects during his Raign in Peace both within and wiâ—hout For the Peace with States abroad We have it usque ad Satietatem And for Peace in the Lawyers phrase which count Trespasses and Forces and Riots to be Contra pacem Leâ— me give your Lordships this Token or Tast That this Court where they should appear had never lesse to do And certainly there is no better Sign of Omnia benè then when this Court is in a Still But my Lords this is a Sea of Matter And therefore I must give it over and conclude That there was never King raigned in this Nation that did better keep Covenant in preserving the Liberties and procuring the Good of his People So that I must needs say for the Subjects of England O Fortunatos nimium sua si bona nôrint As no doubt they do both know and acknowledge it Whatsoever a few turbulent Discoursers may through the Lenity of the time take Boldness to speak And as for this particular touching the Benevolence wherein Mr. I.S. doth assign this breach of Covenant I leave it to others to tell you what the King may do Or what other Kings have done But I have told you what our King and my Lords have done Which I say and say again is so far from introducing a new President As it doth rather correct and mollifie and qualifie former presidents Now Mr. I. S. let me tell you your fault in few words For that I am perswaded you see it already Though I wooe no Mans Repentance But I shall as much as in me is cherish it where I find it Your Offence hath three parts knit together Your Slander Your Menace and Your Comparison For your Slander it is no lesse then that the King is perjured in his Coronation Oath No greater Offence then Perjury No greater Oath then that of a Coronation I leave it It is too great to aggravate Your Menace that if there were a Bulling-broke or I cannot tell what there were Matter for him is a very seditious Passage You know well that howsoever Henry the fourths Act by a secret Providence of God prevailed yet it was but an Vsurpation And if it were possible for such a one to be this day wherewith it seemes your Dreames are troubled I do not doubt his End would be upon the Block And that he would sooner have the Ravens sit upon his Head at London Bridge then the Crown at Westminster And it is not your interlacing of your God forbid that will salve these seditious Speeches Neither could it be a Fore-warning because the Matter was past and not revocable But a very Stirring up and Incensing of the People If I should say to you for Example if these times were like some former times of King H. 8 Or some other times which God forbid Mr. I. S it would cost you your life I am sure you would not think this to be a gentle warning but rather that I incensed the Court against you And for your Comparison with R. the 2. I see you follow the Example of them that brought him upon the Stage and into Print in Queen Elizabeths time A most prudent and admirable Queen But let me entreat you that when â—ou will speak of Queen Elizabeth or King Iames you would compare them to K. H. the 7th or K. Ed. 1. Or some other Paralels to which they are like And this I would wish both you and all to take heed of How you speak seditious Matterâ— in Parables or by Tropes or Examples There is a thing in an Indictment called an Innuendo You must beware how you becken or make Signs upon the King in a Dangerous sense But I will contain my self and Press this no further I may hold you for Turbulent or Presumptuous but I hope you are not Disloyall You are graciously and mercifully dealt with And therefore having now oâ—ened to my Lords and as I think to your own Heart and Conscience the principall part of your Offence which concerns the King I leave the rest which concerns the Law Parliament and the Subjects that have given to Mr. Serjeants and Mr. Sollicitour The Charge of Owen indicted of High Treason in the Kings Bench by Sir Francis Bacon Knight his Majesties Atturney Generall THe Treason wherewiâ—h this Man standeth Charged is for the Kind and Nature of it Ancient As Ancient as there is any Law of England But in the particular Late and Upstart And again in the Manner and Boldness of the present Case New and almost unheard of till this Man Of what mind he is now I know not but I take him as he was and as he standeth charged For High Treason is not written in Ice That when the Body relenteth the Impression should go away In this Cause the Evidence it self will spend little Time Time therefore will be best spent in opening fully the Nature of thiâ— Treason with the Circumstances thereof Because the Example is more then the Man I think good therefore by way of Inducement and Declaration in this Cause to open unto the Court Iury and Hearers five Things The first is the Clemency of the King Because it is Newes and a kind of Rarety to have a proceeding in this place upon Treason And perhaps it may be marvelled by some why after
should not be troubled at this time Neverthelesse He pressed him to answer saying He desired to know it that he mought pray with him I know not that S. W. is an Ecclesiastick that he should cut any Man from Communion of Prayer And yet for all this vexing of the Spirit of a poor Man now in the Gates of Death Weston neverthelesse stood constant and said I die not unworthily My Lord Chief Iustice hath my mind under my hand and he is an Honourable and just Iudge This is S. W. his Offence For H. I. he was not so much a Questionist but wrought upon the others Questions And like a kind of Confessor wished him to discharge his Conscience and to satisfie the World What World I marvaile It was sure the World at Tyburn For the World at Guild-Hall and the World at London was satisfied before Teste the Bells that rang But men have a got fashion now a dayes that two or three busie Bodies will take upon them the Name of the World And broach their own Conceits as if it were a general Opinion Well what more When they could not work upon Weston then H.I. in an Indignation turned abont his Horse when the other was turning over the Ladder And said he was sorry of such a Conclusion That was to have the State honoured or justified But others took and reported his words in another degree But that I leave seeeing it is not Confessed H. I. his Offence had another Appendix before this in time which was that at the day of the Verdict given up by the Iury He also would needs give his Verdict Saying openly that if he were of the Iury he would doubt what to do Marry he saith he cannot tell well whether he spake this before the Jury had given up the Verdict or after Wherein there is little gained For whether H. I. were a Pre-Jurour or a Post-Jurour The one was as to prejudge the Iury the other as to taint them Of the Offence of these two Gentlemen in generall your Lordships must give me leave to say that it is an Offence greater and more dangerous then is conceived I know well that as we have no Spanish Inquisitions nor Iustice in a Corner So we have no Gagging of Mens Mouths at their Death But that they may speak freely at the last Hour But then it must come from the free Motion of the Party not by Temptation of Questions The Questions that are to be asked ought to tend to furâ—her Revealing of their own or others Guiltiness But to use a Question in the Nature of a false Interrogatory to falsifie that which is Res Iudicata is intollerable For that were to erect a Court or Commission of Review at Tyburn against the Kings Bench at Westminster And besides it is a Thing vain and idle For if they anâ—swer according to the Iudgement past it adds no Credit Nor if it be contrary it derogateth nothing But yet it subjecteth the Majesty of Iustice to popular and vulgar Talk and opinion My Lords these are great and dangerous Offences For if we do not maintain Iustice Iustice will not maintain us But now your Lordships shall hear the Examinations themselves upon which I shall have occasion to note some particular Things c. The Effect of that which was spoken by the Lord Keeper of the Great Seal of England at the taking of his place in Chancery In performance of the Charge his Majesty had given him when he received the Seal 1617. BEfore I enter into the Business of the Court I shall take advantage of so many Honourable witnesses to publish and make known summarily what charge the Kings most excellent Majesty gave me when I received the Seal And what Orders and Resolutions my Self have taken in Conformity to that charge That the King may have the Honour of Direction And I the part of Obedience Whereby Your Lordships and the Rest of the Presence shall see the whole Time of my sitting in the Chanceryâ— which may be longer or shorter as please God and the King contrâ—cted into one Houre And this I do for three Causes First to give Account to the King of his Commandement Secondly that I may be a Guard and Custody to my self and mine own Doings That I do not swerve or recede from any Thing that I have professed in so Noble Company And thirdly that all men that have to do with the Chancery or the Seal may know what they shall expect And both set their Hearts and my Ears at rest Not moving me to any Thing against these Rules Knowing that my Answer is now turned from a Nolumus into a Non possumus It is no more I will not But I cannot After this Declaration And this I do also under three Cautions The first is that there be some Things of a more Secret and Counsell like Nature which are rather to be Acted then Published But these Things which I shall speak of to day are of a more publick Nature The second is that I will not trouble this Presence with every Particular which would be too long But select those Things which are of greatest efficacy and conduce most ad summas Rerum Leaving maâ—y other Particulars to be set down in a Publick Table According to the good Example of my last Predecessour in his Beginning And lastly that these Imperatives which I have made but to my Self and my Times be without prejudice to the Authority of the Court or Wiser Men that may succeed me And chiefly that they are wholy submitted unto the great Wisdom of my Soveraignâ— The absolutest Prinâ—e in Iudicature that hath been in the Christian World For if any of these Things which I intend to be Subordinate to his Directions shall be thought by his Majesty to be Inordinate I shall be most ready to reform them These things are but tanquam Albâ—m Praetoris For so did the Roman Praetors which have the greatest Affinity with the Iurisdiction of the Chancellor here who used to set down at their Entrance how they would use their Iurisdiction And this I shall do my Lords in verbis Masculis No flourishing or Painted Words but such as are fit to go before Deeds The Kings Charge which is my Lanthorn rested upon four Heads THe first was that I should contain the Iurisdiction of the Court within his true and due Limits without Swelling or Excesse The second that I should think the putting of the Great Seal to Letters Patents was not a Matter of Course after precedent Warrants But that I should take it to be the Maturity and Fulness of the Kings Intentions And therefore that it was one of the greatest Parts of my Trust if I saw any Scruple or Cause of stay that I should acquaint him Concluding with a Quod dubites ne feceris The third was that I should retrench all unnecessary delayes That the Subject mought find that he did enjoy that same Remedy against the Fainting of the
People in the place of one of his Iustices of the Court oâ— Common Pleas. This Court where you are to serve is the Locall Center and Heart of the Laws of this Realm Here the Subject hath his assurance By Fines and Recoveries Here he hath his Fixed and Invariable Remedies by Precipes and Writs of Right Here Iustice opens not by a By-gate of Priviledge but by the great Gate of the Kings originall Writs out of the Chancery Here issues Processe of Utlawry If men will not answer Law in this Center of Law they shall be cast out And therefore it is proper for you by all means with your Wisdome and Fortitude to maintain the Laws of the Realm Wherein neverthelesse I would not have you Head-strong but Heart-strong And to weigh and remember with your self that the 12. Iudges of the Realm are as the 12. Lions under Salomons Throne They must shew their Stoutnesse in Elevating and Bearing up the Throne To represent unto you the Lines and Portraitures of a Good Iudge The 1. is That you should draw your Learning out of your Books not out of your Brain 2. That you should mix well the Freedom of your own Opinion with the Reverence of the Opinion of your Fellows 3. That you should continue the Studying of your Books and not to spend on upon the old Stock 4. That you should fear no Mans Face And yet not turn Stoutness into Bravery 5. That you should be truly Impartiall and not so as Men may see Affection through fine Carriage 6. That you be a Light to Iurours to open their Eyes But not a Guid to Lead them by the Noses 7. That you affect not the Opinion of Pregnancy and Expedition by an impatient and Catching Hearing of the Counsellours at the Barre 8. That your Speech be with Gravity as one of the Sages of the Law And not Talkative nor with impertinent Flying out to shew Learning 9. That your Hands and the Hands of your Hands I mean those about you Be Clean and Vncorrupt from Gifts From Medling in Titles And from Serving of Turns Be they of Great Ones or Small Ones 10. That you contain the Iurisdiction of the Court within the ancient Meere-stones without Removing the Mark. 11. Lastly that you carry such a Hand over your Ministers and Clarks as that they may rather be in awe of you then presume upon you These and the like Points of the Duty of a Iudge I forbear to enlarge For the longer I have lived with you the shorter shall my speech be to you Knowing that you come so Furnished and Prepared with these Good Vertues as whatsoever I shall say cannot be New unto you And therefore I will say no more unto you at this time but deliver you your Patent His Lordships Speech in the Parliament being Lord Chanceller To the Speakers Excuse Mr. Serjeant Richardson THe King hath heard and observed your grave and decent Speech Tending to the Excuse and Disablement of your self for the place of Speaker In answer whereof his Majesty hath commanded me to say to you That he doth in no sort admit of the same First because if the Parties own Iudgement should be admitted in case of Elections Touching himself it would follow that the most confident and over-weening Persons would be received And the most considerate Men and those that understand themselves best should be rejected Secondly his Majesty doth so much rely upon the Wisdomes and Discretions of those of the House of Commons that have chosen you with an unanimous consent that his Majesty thinks not good to swerve from their Opinion in that wherein themselves are principally interessed Thirdly you have disabled your Self in so good and decent a Fashion As the Manner of your Speech hath destroyed the Matter of it And therefore the King doth allow of the Election and admits you for Speaker To the Speakers Oration Mr. Speaker THe King hath heard and observed your eloquent Discourse containing much good Matter and much good will Wherein you must expect from me such an Answer onely as is pertinent to the Occasion and compassed by due respect of Time I may divide that which you have said into four parts The first was a Commendation or Laudative of Monarchy The second was indeed a large Field Containing a thankfull Acknowledgement of his Majesties Benefits Attributes and Acts of Government The third was some Passages touching the Institution and Vse of Parliaments The fourth and last was certain Petitions to his Majesty on the behalf of the House and your self For your Commendation of Monarchy and preferring it before other Estates it needs no Answer The Schools may dispute it But Time hath tryed it And we find it to be the Best Other States have curious Frames soon put out of order And they that are made fit to last are not commonly fit to grow or spread And contrarywise those that are made fit to spread and enlarge are not fit to continue and endure But Monarchy is like a Work of Nature well composed both to grow and to continue From this I passe For the second part of your Speech wherein you did with no lesse Truth then Affection acknowledge the great Felicity which we enjoy by his Majesties Reign and Government His Majestie hath commanded me to say unto you That Praises and Thanks-givings he knoweth to be the true Oblations of Hearts and loving Affections But that which you offer him he will joyn with you in offering it up to God who is the Authour of all Good who knoweth also the uprightness of his Heart who He hopeth will continue and encrease his Blessings both upon Himself and his Posterity And likewise upon his Kingdomes and the Generations of them But I for my part must say unto you as the Grecian Orator said long since in the like case Solus dignus harum rerum Laudator Tempus Time is the onely Commender and Encomiastique worthy of his Majesty and his Government Why Time For that in the Revolution of so many years and Ages as have passed over this Kingdome Notwithstanding many Noble and excellent Effects were never produced untill his Majestys dayes But have been reserved as proper and peculiar unto them And because this is no part of a Panegyrick but meerly Story and that they be so many Articles of Honour fit to be recorded I will onely mention them extracting part of them out of that you Mr. Speaker have said They be in Number Eight 1. His Majesty is the first as you noted it well that hath laid Lapis Angularis the Corner Stone of these two mighty Kingdomes of England and Scotland And taken away the Wall of Separation Whereby his Majesty is become the Monarch of the most puissanâ— and Militar Nations of the World And if one of the Ancient wise Men was not deceived Iron commands Gold Secondly the Plantation and Reduction to Civility of Ireland the second Island of the Ocean Atlantique did by Gods
Therefore contain your selves within that Moderation as may appear to bend rather to the Effectuall Ease of the People then to a Discursive Envy or scandall upon the State As for the Manner of Carriage of Parliament Businesse ye must know that ye deal with a King that hath been longer King then any of you have been Parliament Men And a King that is no lesse sensible of Formes then of Matter And is as far from induring Diminution of Majesty as from regarding â—lattery or Vain Glory And a King that understandeth as well the Pulse of the Hearts of People as his own Orb. And therefore both let your Grievances have a decent and Reverent Form and Stile And to use the words of former Parliaments let them be Tanquam Gemitus Columbae without Pique or Harshnesse And on the other side in that ye do for the King Let it have a Mark of Vnity Alacrity and Affection which will be of this Force That whatsoever ye do in substance will be doubled in Reputation abroad as in a Crystall Glass For the Time if ever Parliament was to be measured by the Houre-glass it is this In regard of the instant Occasion flying away irrecoverably Therefore let your Speeches in the House be the Speeches of Counsellors and not of Oratours Let your Committees tend to dispatch not to dispute And so marshall the Times as the publique Businesse especially the proper Businesse of the Parliament be put first And private Bills be put last as time shall give leave or within the spaces of the Publique For the Foure Petitions his Majesty is pleased to grant them all as liberally as the Ancient and true Custom of Parliament doth warrant And with the cautions that have ever gon with them That is to say That the priviledge be not used for Defrauding of Creditours and Defeating of ordinary Justice That Liberty of Speech turn not into License but be joyned with that Gravity and Discretion as may tast of Duty and Love to your Soveraign Reverence to your own Assembly and Respect to the Matters ye handle That your Accesses be at such fit Times as may stand best with his Majesties pleasure and Occasions That Mistakings and Misunderstandings be rather avoided and prevented as much as may be then salved or cleared CERTAIN TREATISES VVritten or Referring TO Queen Elizabeths TIMES BEING OBSERVATIONS UPON A LIBELL Published in Anno 1592. A true Report of Doctour LOPEZ his TREASON An Advertisement touching the Controversies of the Church of ENGLAND A Collection of the Felicities of Queen ELIZABETH By the Right Honourable FRANCIS BACON Baron of Verulam Viscount Saint Alban LONDON Printed by S. Griffin for William Lee and are to be sold at his Shop in Fleetstreet at the sign of the Turks-head neer the Mitre Tavern 1657. CERTAIN OBSERVATIONS UPON A LIBELL Published this present year 1592. INTITULED A DECLARATION Of the TRVE CAVSES OF THE GREAT TROVBLES Presupposed to be intended against the REALM of ENGLAND IT were Just and Honourable for Princes being in Warrs together that howsoever they prosecute their Quarrels and Debates by Arms and Acts of Hostility yea though the Warrs be such as they pretend the utter Ruine and Overthrow of the Forces and States one of another yet they so limit their Passions as they preserve two Things Sacred and Inviolable That is The Life and good Name each of other For the Warrs are no Massacres and Confusions But they are the Highest Trials of Right when Princes and States that acknowledge no Superior upon Earth shall put themselves upon the Iustice of God for the Deciding of their Controversies by such Successe as it shall please him to give on either side And as in the Processe of particular Pleas between private Men all things ought to be ordered by the Rules of Civill Lawes So in the Proceedings of the Warre nothing ought to be done against the Law of Nations or the Law of Honour Which Lawes have ever pronounced those two Sorts of Men The one Conspiratours against the Persons of Princes The other Libellers against theâ—r good Fame to be such Enemies of common Society as are not to be cherished no not by Enemies For in the Examples of Times which were lesse corrupted we find that when in the greatest Heats and Extremities of Warrs there have been made Offers of Murderous and Traiterous Attempts against the Person of a Prince to the Enemy they have been not onely Rejected but also Revealed And in like manner when Dishonourable Mention hath been made of a Prince before an Enemy Prince by some that have thought therein to please his Humour he hath shewed himself contrarywise utterly distasted therewith and been ready to contest for the Honour of an â—nemy According to which Noble and Magnanimous Kind of Proceeding it will be found that in the whole Couâ—se of her Majesties Proceeding with the King of Spain since the Amity interâ—upted There was never any project by her Majesty or any of her Ministers either moved or assented unto for the Taking away of the Liâ—e of the said King Neither hath there been any Declaration or Writing of â—state No nor Book allowed wherein his Honour hath been touched or taxed otherwise then for his Ambition A point which is necessarily interlaced with her Majesties own Justification So that no Man needeth to doubt but that those Warrs are grounded upon her Majesties part upon just and Honourable Causes which have so Just and Honourable a prosecution Considering it is a much harder Matter when a Prince is entred into Warrs to hold respect then and not to be transported with Passion than to make Moderate and Iust Resolutions in the Beginnings But now if a Man look on the other part it will appear that rather as it is to be thought by the Solicitation of Traitorous Subjects which is the onely Poyson and Corruption of all Honourable Warr between Forrainers Or by the Presumptâ—on of his Agents and Ministers then by the proper Inclination of that King there hath been if not plotted and practised yet at the least comforted Conspiracies against her Majesties Sacred Person which neverthelesse Gods Goodnesse hath used and turned to shew by such miraculous Discoveries into how near and precious Care and Custody it hath pleased him to receive her Majesties Life and Preservation But in the other Point it is strange what a number of Libellous and Defamatory Bookes and Writings and in what Variety with what Art and cunning handled have been allowed to pass through the World in all Languages against her Majesty and her Government Sometimes pretending the Gravity and Authority of Church Stories to move Belief sometimes formed into Remonstrances and Advertisements of â—state to move Regard Sometimes presented as it were in Tragedies of the Persecutions of Catholicks to move Pitty Sometimes contrived into pleasant Pasquils and Satyres to move sport So as there is no shape whereinto these Fellowes have not transformed themselves Nor no Humor nor affection in the mind
if it wâ—re but by Surviving alone though he had no other Excellency One that hath passed the Degrees of Honour with great Travell and long Time which quencheâ—h alwayes Envy except it be joyned wâ—th extreme Malice Then it appeareth manifestly to be but a Brick wall at Tennis to make the Defamation and Hatred rebound from the Counsellour upon the Prince And assuredly they be very simple to think to abuse the VVorld with those Shifts Since every Child can tell the Fable That the VVolfs Malice was not to the Shepherd but to his Dog It is true that these Men have altred their Tune twice or thrice when the Match was in Treating with the Duke of Anjou they spake Honey as to her Majesty All the Gall was uttered against the Earl of Leicester But when they had gotten Heart upon the Expectation of the Invasion they changed stile and disclosed all the Venome in the World immediately against her Majâ—sty what New Hope hath made them return their Sinons Note in teaching Troy how to save it self I cannot tell But in the mean time they do his Lordship much Honour For the more despitefully they inveigh against his Lordship the more Reason hath her Majesty to trust him and the Realm to honour him It was wont to be a Token of scarce a good Liedgeman when the Enemy spoiled the Countrey and left any particular Mens Houses or Fields unwasted 6. Certain true generall Notes upon the Actions of the Lord Burleigh BUT above all the rest it is a strange Fancy in the Libeller that he maketh his Lordship to be the Primum Mobile in every Action without Distinction That to him her Majesty is Accomptant of her Resolutions That to him the Earl of Leicâ—ster and Mr. Secretary Walsingham both Men of great Power and of great wit and understanding were but as Instruments whereas it is well knownn that as to her Majesty there was never a Counseller of his Lordships long Continuance that was so applyable to her Majesties Princely Resolutions Endeavouring alwayes after Faithfull Propositions and Remonstrances and these in the best words and the most Gratefull Manner to rest upon such Conclusions as her Majesty in her own wisdome determineth and them to execute to the best So far hath he been from Contestation or drawing her Majesty into any his own Courses And as for the Forenamed Counsellours and others with whom his Lordship hath consorted in her Majesties service It is rather true that his Lordship out of the Greatnesse of his Experience and Wisdome And out of the Coldnesse of his Nature hath qualified generally all Hard and Extreame Courses as far as the Service of her Majesty and the Safety of the State the Making himself compatible with those with whom he served would permit So far hath his Lordship been from inciting others or running a full Course with them in that kind But yet it is more strange that this Man should be so absurdly Malitious as he should charge his Lordship not onely with all Actions of State but also with all the Faults and Vices of the Times As if Curiosity and Emulation have bred some Controversies in the Church Though thanks be to God they extend but to outward Things As if Wealth and the Cunning of Wits have brought forth Multitudes of Suits in Law As If Excesse in Pleasures and in Magnificence joyned with the unfaithfulnesse of Servants and the Greedinesse of Monied Men have decayed the Patrimony of many Noble Men and others That all these and such like Conditions of the Time should be put on his Lordships accompt who hath been as far as to his Place appertaineth a most Religious and Wise Moderator in Church Matters to have Vnity kept who with great Iustice hath dispatched infinite Causes in Law that have orderly been brought before him And for his own Example may say that which few Men can say but was sometime said by Cephalus the Athenian so much Renowned in Plato's Works who having lived near to the age of an 100 years And in continuâ—ll Affairs the Businesse was wont to say of Himself That he never sued any neither had been sued by any Who by reason of his Office hath preserved many Great Houses from Overthrow by relieving sundry Extremities towards such as in their Minority have been circumvented And towards all such as his Lordship might advise did ever perswade Sober and Limited Expence Nay to make Proof further of his Contented Manner of Life free from Suits and Covetousnesse as he never sued any Man so did he never raise any Rent or put out any Tenant of his own Nor ever gave consent to have the like done to any of the Queens Tenants Matters singularly to be noted in this Age. But however by this Fellow as in a False Artificiall Glasse which is able to make the best Face Deformed his Lordships Doings be set forth yet let his Proceedings which be indeed his own be indifferently weighed and considered And let Men call to Mind that his Lordship was never a violent and Transported Man in Matters of State but ever Respective and Moderate That he was never Man in his particular a Breaker of Necks no heavy Enemy but ever Placable and Mild That he was never a Brewer of Holy water in Court no Dallier no Abuser but ever Reall and Certain That he was never a Bearing Man nor Carrier of Causes But ever gave way to Iustice and Course of Law That he was never a Glorious Wilfull Proud Man but ever Civill and Familiar and good to deal withall That in the Course of his Service he hath rather sustained the Burthen then sought the Fruition of Honour or Profit Scarcely sparing any time from his Cares and Travailes to the Sustentation of his Health That he never had nor sought to have for Himself and his Children any Penny-worth of Lands or Goods that appertained to any attainted of any Treason Felony or otherwise That he never had or sought any kind of Benefit by any Forfeiture to her Majesty That he was never a Factious Commender of Men as he that intended any waies to besiege Her by bringing in Men at his Devotion But was ever a true Reporter unto her Majesty of every Mans Deserts and Abilities That he never took â—he Course to unquiet or offend no nor exasperate her Majesty but to content her mind and mitigate her Displeasure That he ever bare Himself reverently and without Scandall in Matters of Religion and without blemish in his Private Course of Life Let Men I say without Passionate Mallice call to mind these Things And they will think it Reason that though he be not canonized for a Saint in Rome yet he is worthily celebrated as Pater Patriae in England And though he be Libelled against by Fugitives yet he is prayed for by a Multitude of good Subjects Aud lastly though he be envied whilest he liveth yet he shall be deeply wanted when he is gone And assuredly many
Commons graced with the first Vote of all the Commons Selected â—or that Cause Not in any Estimaâ—ion of my Ability For therein so wise an Asâ—embly could not be so much deceived but in an acknowledgement of my Extream Labours and Integrity in that Businesse I thought my self every wayes bound Both in Duty to your Majesty And in â—rust to that House of Parliament And in Consent to the Matter it self And in Conformity to mine own Travailes and Beginnings Not to neglect any paines that may tend to the furtherance of so excellent a work Wherein I will endeavour that that which I shall set down be Nihil minus quam verba For Length and Ornament of Speech are to be used for perswasion of Multitudes and not for Information of Kings especially such a King as is the only instance that ever I knew to make a Man of Plato's Opinion That all Knowledge is but Remembrance And that the Mind of Man knoweth all Things and demandeth only to have her own Noâ—ions excited and awaked Which your Majesties rare and indeed singular Gift and faculty of swift Apprehension and infinite Expansion or Multiplication of anoâ—her Mans Knowledge by your own as I have often observed so I did extreamly admire in Goodwins Cause Being a matter full of Secâ—ets and Mysteries of our Lawes meerly new unto you and quite out of the Path of your Education Reading and Conference Wherein neverthelesâ—e upon a Spark of Light given your Majesty took in so Dexterously and Profoundly as if you had been indeed Anima Legis Not only in Execution but in understanding The Remembrance whereof as it will never be out of my mind so it will alwayes be a warning to me to seek rather to excite your Judgemâ—nt briefly then to enform it tediously And if in a Matter of that Nature how much more in this wherein your Princely Cogitations have wrought themselves and been conversant And wherein the principall Light pâ—oceeded from your self And therefore my Purpose is onely to break this Matter of the Vnion into certain short Articles and Questions And to make a certain kind of Anatomy or Analysis of the Parts and Members thereof Not that I am of Opinion that all the Questions which I now shall Open were fit to be in the Consultation of the Commissioners propounded For I hold nothing so great an Enemy to good Resolution as the Making of too many Questions Specially in Assemblies which consist of many For Princes for Avoyding of Distraction must take many Things by way of Admittance And if Questions must be made of them rather to suffer them to arise from others then to grace them and authoâ—ize them as propounded from themselves But unto your Majesties private Consideration to whom it may better sort with me rather to speak as a Remembrancer then as a Counceller I have thought good to lay before you all the Branches Lineaments and Degrees of this Vnion that upon the Viâ—w and Consideration of them and their Circumstances your Majesty may the more clearly discern and more readily call to mind which of them is to be embraced and which to be rejected And of these which are to be accepted which of them is presently to be proceeded in and which to be put over to further time And again which of them shall require Authority of Parliament and which are fitter to be effected by your Majesties Royall Power and Prerogative or by other Pollicies or Means And lastly which of them is liker to Passe with Difficulty and Contradiction and which with more Facility and Smoothnesse First therefore to begin with that Question that I suppose will be out of question Whether it be not meet that the Statutes which were made touching Scotland or the Scottish Nation while the Kingdomes stood severed be repealed It is true there is a Diversity in these For some of these Lawes consider Scotland as an Enemy Countrey Oâ—her Lawes consider it as a Forrain Countrey onely As for Example the Law of Rich. 2. Anno 7º which Prohibiteth all Armour or Victuall to be carried to Scotland And the Law of 7º of K. H. the 7. that Enacteth all the Scottish Men to depart the Realm within a time prefixed Both these Lawes and some others resepct Scotland as a countrey of hostility But the of Law of 22 of Ed. 4 that endueth Barwick with â—he Liberty of a Staple where all Scottish Merchandizes should resort that should be uttred for England And likewise all English Merchandizes that should be uttered for Scotland This Law beholdeth Scotland onely as a Forrain Nation And not so much neither For there have been erected Staples in Towns of â—ngland for some Commodities with an Exclusion and Restriction of other Parts of England But this is a Matter of the least Difficulty your Mâ—sty shall have a Calender made of the Lawes and a Brief of the Effect And so you may judge of them And the like or Reciproque is to be done by Scotland for such Lawes as they have concerning England and the English Nation The Second Question is what Lawes Customes Commissions Officers Garrisons and the like are to be put down discontinued or taken away upon the Borders of both Realms This Point because I am not acquainted with the Orders of the Marches I can say the lesse Herein falleth that Question whether that the Tennants who hold their Tennant Rights in a greater Freedome and Exemption in Consideration of their Service upon the Borders And that the Countreys themselves which are in the same respect discharged of Subsidies and Taxes should not now be brought to be in one degree with other Tennants and Countreys Nam cessante caussâ tollitur Effectus Wherein in my Opinion some time would be given Quia adhùc eorum Messis in Herbâ est But some present Ordinance would be made to take effect at a future time considering it is one of the greatest Points and Marks of the Division of the Kingdomes And because Reason doth dictate that where the Principall Solution of Continuity was theâ—e the Healing and Consolidating Plaister should be chiefly applyed There would be some further Device foâ— the utter and perpetuall Confounding of those Imaginary Bounds as your Majesty termeth them And therefore it would be considered whether it were not convenient to Plant and Erect at Carleil or Barwick some Counsell or Court of Iustice the Iurisdiction whereof might extend part into England and part into Scotland With a Commission not to proceed precisely or meerly according to the Lawes and Customes either of England or Scotland But mixtly according to Instructions by your Majesty to be set down after the Imitation and Precedent of the Counsell of the Marches here in England Erected upon the Vnion of Wales The third Question is that which many will make a great Question of though perhaps your Majesty will make no Question of it And that is Whether your Majesty should not make a stop or stand
Vnitâ—g of whose Hearts and Affectâ—ons is the Life and true End of this Work For the Ceremoniall Crowns the Question will be whether there shall be framed one new Imperiall Crown of Britain to be used for the times to come Also admitting that to be thought Convenient whether in the Frame thereof there shall not be some Reference to the Crowns of Ireland and France Also whether your Majesty should repeat or iterate your own Coronation and your Queens or onely ordain that such new Crown shall be used by your Posterity hereafter The Difficulties will be in the Conceit of sâ—me Inequaliâ—y whereby the Realm of Scotland may be thought to be made an Accession unto the Realm of England But that resteth in some Circumstances for the Compounding of the two Crowns is equall The Calling of the new Crown the Crown of Brittain is equall Onely the Place of Coronation if it shall be at Westminster which is the Ancient August and Sacred place for the Kings of England may seem to make an Inequality And again if the Crown of Scotland be discontinued then that Ceremony which I hear is used in the Parliament of Scotland in the absence of the Kings to have the Crowns carried in solemnity must likewise cease For the Name the main Question is whether the Contracted Name of Brittain shall be by your Majesty used or the Divided Names of England and Scotland Admitting there shall be an Alteration then the Case will require these Inferiour Questions First whether the Name of Brittain shall not onely be used in your Majesties Stile where the entire Stile is recited And in all other Forms the Divided Names to remain both of the Realms and of the People Or otherwise that the very Divided Nameâ— of Realms and People shall likwise be changed or turned into special or subdivided Names of the Generall Name That is to say for Example whether your Majesty in your Stile shall denominate your self King of Brittain France and Ireland c. And yet neverthâ—lesse in any Commission Writ or otherwise where your Majesty mentioneth England or Scotland you shall retain the ancient Names as Secundum Conâ—uetudinem Regni nostri Angliae or whether those Divided Names shall be for ever lost and taken away and turned into the subdivisions of South-Britain and North-Britain and the People to be South-Brittains and North-Brittains And so in the Example aforesaid the Tenour of the like clause to run Secundum Consuetudinem Britanniae Australis Also if the former of these shall be thought convenient whether it were not better for your Majesty to â—ake that Alteration of Stile upon you by Proclamation as Edward the third did the Stile of France then to have it enacted by Parliament Also in the Alteration of the Stile whether it were not better to transpose the Kingdom of Ireland and put it immediatly after Britain and so place the Islands together And the Kingdom of France being upon the Continent last In regard that these Islands of the Western Ocean seem by Nature and Providence an entire Empire in themselves And also that there was never King of England so entirely possest of Ireland as your Majesty is So as your Stile to run King of Britain Ireland and the Islands Adjacent and of France c. The Difficulties in this have been already throughly beaten over but they gather but to two Heads The one Point of Honour and Love to the former Names The other Doubt lest the Alteration of the Name may induce and involve an Alteration of the Lawes and Pollicies of the Kingdom Both which if your Majesty shall assume the Stile by Proclamation and not by Parliament are in themselves satisfied For then the usuall Names must needs remain in Writs and Records The Formes whereof cannot be altered but by Act of Parliament And so the point of Honour satisfied And again your Proclamation altereth no Law And so the Scruple of a tacite or implyed Alteration of Lawes likewise satisfied But then it may be considered whether it were not a Form of the greatest Honour if the Parliament though they did not enact it yet should become Suiters and Petitioners to your Majesty to assume it For the Seales That there should be but one Great Seal of Britain and one Chanceller And that their should only be a Seal in Scotland for Processes and ordinary Iustice And that all Patents of Graunts of Lands or otherwise as well in Scotland as in England should passe under the Great Seal here kept about your Person It is an Alteration internall whereof â— do not now speak But the Question in this Place is whether the Great Seales of England and Scotland should not be changed into one and the same Form of Image and Superscription of Britain which Neverthelesse is requisite should be with some one plain or manifest Alteration lest there be a Buz and suspect that Grants of Things in England may be passed by the Seal of Scotland Or è converso Also whether this Alteration of Form may not be done without Act of Parliament as the Great Seales have used to be heretofore changed as to their Impressions For the Moneys as to the Reall and Internall Consideration thereof the Question will be whether your Majesty should not continue two Mints which the Distance of Territory considered I suppose will be of Necessity Secondly how the Standards if it be not already done as I hear some doubt made of it in popular Rumour may be reduced into an Exact proportion for the time to come And likewise the Compuâ—ation Tale or Valuation to be made exact for the Moneys already beaten That done the last Question is which is onely proper to this place whether the Stamp or the Image and Superscription of Britain for the time forwards should not be made the self same in both places without any Difference at all A Matter also which may be done as our Law is by your Majesties Prerogative without Act of Parliament These Points are Points of Demonstration Ad faciendum populum But so much the more they go to the Root of your Majesties Intention which is to imprint and inculcate into the Hearts and Heads of the People that they are one People and one Nation In this kind also I have heard it passe abroad in Speech of the Erection of some new Order of Knighthood with a Reference to the Vnion and an Oath appropriate thereunto which is a Point likewise deserveth a Consideration So much for the Externall Points The Internall Points of Separation are as followeth 1. Severall Parliaments 2. Severall Councels of Estate 3. Severall Officers of the Crown 4. Severall Nobilities 5. Severall Lawes 6. Severall Courts of Iustice Trialls and Processes 7. Severall Receipts and Finances 8. Severall Admiralties and Merchandizings 9. Severall Freedomes and Liberties 10. Severall Taxes and Imposts As touching the Severall States Ecclesiasticall and the severall Mints and Standards and the severall Articles
be too great a Work to embrace whether it were not convenient that Cases Capitall were the same in both Nations I say the Cases I do not speak of the Proceedings or Trials That is to say whether the same Offences were not fit to be made Treason or Felony in both places The Third Question is whether Cases Penall though not Capitall yet if they concern the Publick State or otherwise the Discipline of Manners were not fit likewise to be brought into one Degree As the Case of Misprision of Treason The Case of Premunire The Case of Fugitives The Case of Incest The Case of Simony and the rest But the Question that is more urgent then any of these is Whether these Cases at the least be they of an higher or inferiour degrâ—e Wherein the Fact committed or Act done in Scotland may prejudice the State and Subjects of England or é converso Are not to be reduced into one Vniformity of Law and Punishment As for Example A perjury committed in a Court of Iustice in Scotland cannot be prejudiciall in England Because Depositions taken in Scotland cannot be produced and used here in England But a Forgery of a Deed in Scotland I mean with a false Date of England may be used and given in Evidence in England So likewise the Depopulating of a Town in Scotland doth not directly prejudice the State of England But if an English Merchant shall carry Silver and Gold into Scotland as he may and thence transport it into forrain parts this prejudiceth the State of England And may be an Evasion to all the Lawes of England ordained in that Case And therefore had need to be bridled with as severe a Law in Scotland as it is here in England Of this kind there are many Lawes The Law of the 50 of Rich. the 2. of going over without licence if there be not the like Law in Scotland will be frustrated and evaded For any Subject of England may go first into Scotland and thence into forrain parts So the Lawes prohibiting Transportation of sundry Commodities as Gold and Silver Ordnance Artillery Corn c. if there be not a Correspondence of Lawes in Scotland will in like manner be deluded and frustrate For any English Merchant or Subject may carry such Commodities first into Scotland as well as he may carry them from Port to Port in England And out of Scotland into Forrain Parts without any Perill of Law So Libells may be devised and written in Scotland and published and scattered in England Treasons may be plotted in Scotland and executedâ— in England And so in many other Cases if there be not the like Severity of Law in Scotland to restrain Offences that there is in England whereof we are here ignorant whether there be or no It will be a Gap or Stop even for English Subjects to escape and avoid the Lawes of England But for Treasons the best is that by the Statute of 26. K. Hen. the 8'h Cap. 13. any Treason committed in Scotland may be proceeded with in England as well as Treasons committed in France Rome or elsewhere For Courts of Iustice Trialls Processes and other Administration of Lawes to make any Alteration in either Nation it will be a Thing so new and unwonted to either People That it may be doubted it will make the Administration of Iustice Which of all other Things ought to be known and certain as a beaten way To become intricate and uncertain And besides I do not see that the Severalty of Administration of Iustice though it be by Court Soveraign of last Resort I mean without Appeal or Errour Is any Impediment at all to the Vnion of a Kingdom As we see by Experience in the severall Courts of Parliament in the Kingdome of France And I have been alwayes of Opinion that the Subjects of England do already fetch Iustice somewhat far off more then in any Nation that I know the largeness of the Kingdome Considered though it be holpen in some part by the Circuits of the Iudges And the two Councels at York and in the Marches of Wales established But it may be a good Question whether as Commune Vinculum of the Iustice of both Nations your Majesty should not erect some Court about your person in the Nature of the Grand Councell of France To which Court you might by way of Evocation draw Causes from the ordinary Iudges of both Nations For so doth the French King from all the Courts of Parliament in France Many of which are more remote from Paris then any part of Scotland is from London For Receits and Finances I see no Question will arise In regard it will be Matter of Necessity to establish in Scotland a Receit of Treasure for Payments and Erogations to be made in those parts And for the Treasure of Spare in either Receipts the Custodies thereof may well be severall considering by your Majesties Commandement they may be at all times removed or disposed according to your Majesties Occasions For the Patrimonies of both Crowns I see no Question will arise Except your Majesty would be pleased to make one compounded Annexation for an Inseparable Patrimony to the Crown out of the Lands of both Nations And so the like for the Principality of Britain and for other Appennages of the rest of your Children Erecting likewise such Dutchies and Honours compounded of the Possessions of both Nations as shall be thought fit For Admiralty or Navy I see no great question will arise For I see no Inconvenience for your Majesty to continue Shipping in Scotland And for the Iurisdictions of the Admiralties and the Profits and Casualties of them they will be respective unto the Coasts over against which the Seas lye and are situated As it is here with the Admiralties of England And for Merchandizing it may be a Question whether that the Companies of the Merchant Adventurers of the Turky Merchants and the Muscovy Merchants if they shall be continued should not be compounded of Merchants of both Nations English and Scottish For to leave Trade free in the one Nation and to have it restrained in the other may percase breed some Inconvenience For Freedomes and Liberties the Charters of both Nations may be reviewed And of such Liberties as are agreeable and convenient for the Subjects and People of both Nations one Greaâ— Charter may be made and confirmed to the Subjects of Britain And those Liberties which are peculiar or proper to either Nation to stand in State as they do But for Imposts and Customes it will be a great Question how to accommodate them and reconcile them For if they be much easier in Scotland then they be here in England which is a Thing I know not then this Inconvenience will follow That the Merchants of England may unlade in the Ports of Scotland And this Kingdome to be served from thence and your Majesties Customes abated And for the Question whether the Scottish
Relapse Mean while I commend the Wit of a mean Man that said this other day Well the next Term you shall have an old man come with a Beesom of Wormwood in his Hand that will sweep away all this For it is my Lord Chancellers Fashion specially towards the Summer to carry a Posie of Wormwood I write this Letter in Haste to return your Messenger with it God keep you and long and happily may you serve his Majesty Sir I thank you for your Inward Letter I have burned it as you commanded But the Fire it hath kindled in me will never be extinguished Your true and affectionate Servant A Letter to Sir George Villiers touching a Motion to swear him Counsellerâ— Febr. 21. 1615. SIR My Lord Chancellers Health growing with the Dayes and his Resignation being an Uncertainty I would be glad you went on with my first Motion my swearing Privy Counseller This I desire not so much to make my Self more sure of the other and to put it past Competition For herein I rest wholly upon the King and your excellent self But because I finde hourly that I need this Strength in his Majesties service Both â—or my better warrant and satisfaction of my Conscience that I deal not in Things above my Vocation And for my better Countenance and Prevailing where his Majesties service is under any pretext opposed I would it were dispatched I remember a greater Matter than this was dispatched by a Letter from Royston which was the Placing of the Arch-Bishop that now is And I imagine the King did it on purpose that the Act mought appear to be his own My Lord Chanceller told me yesterday in plain Terms that if the King would ask his opinion touching the Person that he would commend to succeed him upon Death or Disability he would name me for the fittest Man You may advise whether use may not be made of this offer I sent a pretty while since a Paper to Mr. Iohn Murrey which was indeed a little Remembrance of some Things past concerning my honest and faithfull Services to his Majesty Not by way of Boasting from which I am farr but as Tokens of my studying his Service uprightly and carefully If you be pleased to call for the Paper which is with Mr. Iohn Murrey And to find a fit time that his Maiesty may cast an eye upon it I think it will doe no Hurt And I have written to Mr. Murrey to deliver the Paper if you call for it God keep you in all Happiness Your truest Servant A Letter to the King concerning the Premunire in the Kings Bench against the Chancery Febr. 21. 1615. It may please your most excellent Majesty I Was yesterday in the Afternoon with my Lord Chanceller according to your Commandement which I received by the Master of the Horse And finde the Old Man well comforted Both towards God and towards the World and that same middle Comfort which is Divine and Humane proceeding from your Majesty being Gods Lieutenant on Earth I am perswaded hath been a great Cause that such a Sickness hath been portable to such an Age. I did not fail in my Conjecture that this Businessâ— of the Chancery hath stirred him He sheweth to despise it but he is full of it And almost like a young Duellist that findeth himself behind hand I will now as your Majesty requireth give you a true Relation of that which hath passed Neither will I decline your Royal Commandement for delivering my Opinion also though it be a tender Subject to write on But I that account my Being but as an Accident to my service will neglect no duty upon Self-Safety First it is necessary I let your Majesty know the Ground of the Difference between the Two Courts that your Majesty may the better understand the Narrative There was a Statute made 27 Edw. 3. Cap. 1. which no doubt in the principal Intention thereof was ordained against those that sued to Romeâ— wherein there are Words somewhat general against any that questioneth or impeacheth any Iudgement given in the Kings Courts or in any other Court. Vpon thesâ— doubtfull words other Courts the Controversie groweth For the sounder Interpretation taketh them to be meant of those Courts which though locally they were not held at Rome or where the Popes Chair was but hâ—re within the Realm yet in their Iurisdiction had their Dependance upon the Court of Rome As were the Court of the Legate here and the Courts of the Arch-Bishops and Bishops which were then but subordinate Judgement Seats to that high Tribunal of Rome And for this Construction the Opposition of the Words if they be well observed between the Kings Courâ—s and other Courts maketh very much For it importeth as if those other Courts were not the Kings Courts Also the main Scope of the Statute fortifieth the same And lastly the Practice of many Ages The other Interpretation which cleaveth to the Letter expoundeth the Kings Courts to be the Courts of Law only and other Courts to be Courts of Equity as the Chancery Exchequer-chamber Dutchy c. Though this also flyeth indeed from the Letter for that all these are the Kings Courts There is also another Statute which is but a simple Prohibition and not with a Penalty of a Premunire as the other is That after Iudgements given in the Kings Courts the parties shall be in Peace except â—he Iudgement be undone by Error or Attaint which is a Legal form of Reversal And of this also I hold the Sounder Interpretation to be to settle Possessionsâ— against Disturbances and not to take away Remedy in Equity where those Iudgements are obtained ex Rigore Iuris and against good Conscience But upon these two Statutes there hath been a late Conceit in some that if a Judgement pass at the Common Law against any that he may not after â—ue for Relief in Chancery And if he doth both He and his Counsell and his Sollicitours yea and the Iudge in Equity himself are within the Danger of those Statutes Here your Majesty hath the true state of the Question which I was necessarily to open to you first because your Majesty calleth for this Relation Not as Newes but as Business Now to the Historical part It is the Course of the Kings Bench that they give in Charge to a Grand Iury offences of all Natures to be presented within Middlesex where the said Court is And the manner is to enumerate them as it were iâ— Articles This was done by Iustice Crook the Wednesday before the Term ended And that Article If any Man after a Iudgement given had drawn the said Iudgement to a new Examination in any other Court was by him specially given in charge which had not used to be given in charge before It is true it was not solemnly dwelt upon but as it were thrown in amongst the rest The last day of the Term And that which all Men condemn the supposed last day of my Lord Chancellers
Stiles Esquire of the Inner Temple 120. The Saints Comfort in Evil times 120. Gods Revenge against Murther in thirty Tragical Histories by I. Reynolds in Fol. the third Edition Whereunto is newly added the Sculptures Pictures of the Chief Persons â—entioned in every Histoâ—y graven in Copper-plates and fixed before each History With a Satisfactory Epistle of the Stationer Sylva Sylvarum or a Natural History in ten Centuries Whereunto is newly added The History of Life and Death or the Prolongation of Life Both written by the Right Honorable Francis Lord Verulam In Foâ—io 1651. The Magnetique cure of Wounds The Nativity of Tartar in Wine The Image of God in Man Also another Treatise of the Errors oâ— Physicians concerning Defluxions both published in Englishâ— 40. 1650. With The Darkness of Aâ—heism dispelled by the light of Nature All published by Dr. Charleton Physician to the late King 40. 165â— A Discourse conceâ—ning the King of Spâ—ins surprizing of the Valtoline Translated by the Renowned Sir Thomas Râ—e many times Embassador in Forein parts 40 The Roman Foot and Denaries from whence as from two principles the measure and weights may be deduced by Iohn Greaves of Oxford â—0 1647. A Treatise of the Court Written in French by that great Counâ—ellour De Refuges many times Embassador for the two laâ—t French Kings Englished by Iohn Râ—â—â—â—ld â—0 The Hebrew Commonwealth Translated out of Petrus Cunâ—us in 120. 1653. Hugo Grotius his two Treatises Of God and his Providence and Of Christ and his Miracles together with the said Authors judgement of sundry Points controverted in 120. Both Translated by Clem. Barksdal Certamen Relâ—giosum or a Conference between the late King of England and the late Lord Marquess of Worcester concerning Religion 40â— 1652. The Battel of Agencourt fought by Henry the 5th The Miseries of Queen Margareâ— with other Poems by Mic. Drayton Esq 80. The Odes of Horace Selected and Translated by Sir Thomas Hawkins in 120. The Spanish Gallant instructing men in their Carriage to be beloved of the People Youths Behaviour or Decency in Conversation amongst men with new Additions of a Discourse of Powdring of Hair of black Patches and naked Breasts 80. 1651. The Tillage of Light A Treatise of The Philosophers Stone 80. The Right of Peace and Warr in 3. Books written in Latine by the Illustrious Hugo Grotius together with the Life of the said Author in English 80. large 1654. A Sermon of the Nature of Faith by Barten Holyday Doctor of Divinity 1654. The Innocent Lady or the Illustrious Innocent written Originally in French by the learned Father de Ceriziers of the Company of Jesus rendred into English by Sir William Lower Knight 1654. A Disputation at Winchcomb in Glocestershire wherein much satisfaction given in many Fundamental Points of Religion in the presence of many Eminent Persons 1654. A brief Discourse of changing Ministers Tithes into Stipends or into another thing 1654. Plutarch's Lives in English with a New Addition of Twenty Lives never before published in English in Fol. 1657. FINIS 1. Part. 2. Part. 3. Part. 4. Part. 1 Contiâ—uance 2 Health 3 Peace 4 Plenâ—y and Wealth 5 Increase oâ— People 6 Reformation in Religion The speciall 〈◊〉 esâ—â—â—lished among uâ— by â—he puâ—ity of Religion Finenesse oâ— Money The Might oâ— the Navâ— Compaâ—ison of the state of England with the stateâ— abroad Afflicted in France Low-Countries Portugall Prosperouâ— as Scotland Poland Sweden Denmark Italy Germany Savoy Spâ—iâ— Câ—â—câ—rning the Conâ—ro 〈◊〉 〈◊〉 in our Church Concerning the Forrain Enemies of this State Concerning the State of the Nobility Concerning the State oâ— the Common subâ—ect Statutes concerning Scotland and the Scotish Nation Lawes Customes Commissions Offiâ—ersâ— of the Borders or Marches Further Union besides the Removing of Inconvenient and dissenting Lawes and Usages Points wherein the Nations stand already united Soveraignty Line Royall Suâ—jection Obedience Alien Naturalization Religion Church-Government Continent Borders Language Diâ—lect Leagues Confederacies Treaties Externall points of the Separation and Union The Ceremoniall or Mateâ—iall Crowns The Stiles and Names The Seales The Standards and Stamps Moneys Internall Points of Union 1 Parliament 2 Cousellâ— oâ— Estate 3 Offâ—cers of the Crown 4 Nobilities 5 Lawâ—â— 6 Courts of Justice and Administration of Lawes 7 Receits Finances and Patrimonies of the Crown 8 Admiralty Navy and Merchandizing 9 Freedomes and Liberties 〈…〉 These that follow are but indisgested Notes This Constitution of Reporters I obtained of the King after I was Chancellour and there are two appointed with a 100. l. a year a peece sâ—ipend * Thuanus These Letters following I find not in his Lordships Register-Book of Letters But I am enduced by the Stile and other Characters to own them to be his VVritten by Mr. Bacon for my Lord of Essex