was pressed somewhat rudely by an Agent of the Swizzes to raise their Pensions brake into Words of Choller What said he will these Villaines of the Mountaines put a Tax upon me which words lost him his Dutchy of Millain and chased him out of Italy All which Examples Mr. Speaker do well prove Solons opinion of the Authority and Mastry that Iron hath over Gold And therefore if I shall speak unto you mine own Heart Me thinks we should a little disdain that the Nation of Spain which howsoever of late it hath grown to Rule yet of ancient time served many Ages First under Carthage then under Rome after under Sarazens Gothes and others should of late years take unto themselves that Spirit as to dream of a Monarchy in the West according to that Devise Video Solem Ortentem in Occidente Onely because they have ravished from some wild and unarmed People Mines and Store of Gold And on the other side that this Island of Britanny seated and manned as it is and that hath I make no question the best Iron in the world That is the best Souldiers of the world should think of nothing but Reckonings and Audits and Meum and Tuum and I cannot tell what Mr. Speaker I have I take it gone through the Parts which I propounded to my Self Wherein if any Man shall think that I have sung Placebo For mine own particular I would have him know that I am not so unseen in the world but that I discern it were much alike for my private fortune to rest a Tacebo as to sing a Placebo in this Business But I have spoken out of the Fountain of my Heart Credidi propter quod locutus sum I believed therefore I spake So as my Duty is performed The Judgement is yours God direct it for the best A Speech used by Sir Francis Bacons in the Lower House of Parliament by occasion of a Motion concerning the Union of Lawes AND it please you Mr. Speaker were it now a time to Wish as it is to Advise No Man should be more forward or more earnest then my self in this wish That his Majesties Subjects of England and Scotland were governed by one Law And that for many Reasons First because it will be an infallible Assurance that there will never be any Relapse in succeeding Ages to a Separation Secondly Dulcis tractus pari Iugo If the Draught lye most upon us and the Yoke lightest upon them it is not equall Thirdly the Qualities and as I may term it the Elements of their Laws and ours are such as do promise an excellent Temperature in the compounded Body For if the prerogative here be too indâ—finite it may be the Liberty there is too unbounded If our Laws and proceedings be too Prolixe and Formall it may be theirs are too informall and Summary Fourthly I do discern to my understanding there will be no great Difficulty in this Work For their Laws by that I can learn compared with ours are like their Language compared with ours For as their Language hath the same Roots that ours hath but hath a little more mixture of Latine and French So their Laws and Customes have the like Grounds that ours have with a little more mixture of the Civill Law and French Customes Lastly the Mean to this work seemeth to me no lesse excellent then the Work it self For if both Laws shall be united it is of necessity for preparation and Inducement thereunto that our own Laws be reviewed and recompiled Then the which I think there cannot be a work that his Majesty can undertake in these his times of Peace more Politique more Honourable nor more Beneficiall to his Subjects for all Ages Pace datâ Terris Animum ad Civilia Vertit Iura suum Legesque tulit justissimus Auctor For this continuall Heaping up of Laws without digesting them maketh but a Chaos and Confusion And turneth the Laws many times to become but Snares for the People as is said in the Scripture Pluet super â—os Laqueos Now Non sunt pejores Laquei quam Laquei Legum And therefore this work I esteem to be indeed a work rightly to term it Heroicall So that for this good wish of Vnion of Laws I do consent to the full And I think you may perceive by that which I have said that I come not in this to the Opinion of Others but that I was long ago setled in it my Self Neverthelesse as this is moved out of zeal so I take it to be moved out of Time As commonly zealous Motions are while Men are so fast carried on to the End as they give no Attention to the Mean For if it be Time to talk of this now It is either because the business now in hand cannot proceed without it Or because in Time and Order this Matter should be precedent Or because we shall leese some advantage towards this Effect so much desired if we should go on in the course we are about But none of these three in my judgement are true And therefore the Motion as I said unseasonable For first that there may not be a Naturalization without an Vnion in Laws cannot be maintained Look into the Example of the Church And the Union thereof You shall see severall Churches that joyn in one Faith one Baptism which are the points of spirituall Naturalization do many times in Policy Constitutions and Customes differ And therefore one of the Faâ—hers made an excellent observation upon the two Mysteries The one that in the Gospell where the Garment of Christ is said to have been with out Seame The other that in the Psalm where â—he Garment of the Queen is said to have been of divers Colours And concludeth In veste Varietas sit Scissura non sit So in this Case Mr. Speaker we are now in hand to make this Monarchy of one Piece and not of one Colour Look again into the Examples of Forrain Countries And take that next us of France And there you shall find thâ—t they have this Distribution Pais du droit Escript and Pais du droit Constumier For Gascoigne Languedock Prâ—vence Daulphenie are Countries governed by the Letter or Text of the Civill Law But the Isle of France Tourain Berry Anjou and the rest And most of all Brittain and Normandy Are governed by Customes which amount unto a Municipall Law And use the Civill Law but only for Grounds And to decide new and rare Cases And yet nevertheless Naturalization passeth through all Secondly that this Vnion of Laws should precede the Naturalization Or that it should go on pari passu hand in hand I suppose likewise can hardly be maintained But the contrary that Naturalization ought to precede Of which my Opinion as I could yield many reasons so because all this is but a Digression and therefore ought to be-short I will hold my self now onely to one which is briefly and plainly this That the Vnion of Laws will ask a great
And that it yieldeth at this day to the King the Fruit of a great Revenue But yet notwithstanding if upon the Stemme of this Tree may be raised a Pillar of support to the Crown Permanent and durable as the Marble by investing the Crown with a more ample more certain and more loving Dowry then this of Tenures we hope we propound no Matter of Disservice But to speak distinctly of both and first of Honour Wherein I pray your Lordships give me leave in a Subject that may seem supra Nos to handle it rather as we are capable then as the Matter perhaps may require Your Lordships well know the various Mixture and Composition of our House We have in our House learned Civilians that profess a Law that we reverence and sometimes consult wiâ—h They can tell us that all the Laws de Feodis are but Additionals to the Ancient Civill Law And that the Roman Emperours in the full Heigth of their Monarchy never knew them So that they are not Impâ—riall We have grave Professours of the Common Law who will define unto us that those are Parts of Soveraignty and of the Royall Prerogative which cannot be communicated with Subjects But for Tenures in substance there is none of your Lordships but have them And few of us but have them The King indeed hath a priority or first Service of his Tenures which shewes that they are not Regall nor any point of Soveraignty We have Gentlemen of honourable Service in the Wars both by Sea and Land Who can enform us that when it is in question who shall set his foot foremost towards the Enemy it is never asked whether he hold in Knights Service or in Socage So have we many Deputy Lievtenants to your Lordships And many Commissioners that have been for Musters and Levies That can tell us that the Service and Defence of the Realm hath in these dayes little dependance upon Tenures So then we perceive that it is no Bond or Ligament of Governmeâ—t No Spur of Honour No Bridle of Obedience Time was when it had other uses and the Name of Knights Service imports it But Vocabula manent Res fugiunt But all thiâ— which we have spoken we confess to be but in a vulgar Capacity which nevertheless may serve for our Excuse Though we submit the Thing it self wholy to his Majesties Judgement For Matter of Conscience Far be it from us to cast in any Thing willingly that may trouble that clear Fountain of his Majesties conscience We do confess it is a noble Protection that these young Birds of the Nobility and good Families should be gaâ—hered and clocked under the wings of the Crown But yet Natuâ—rae vis maxima And suus cuique discretus sanguis Your Lordships wilâ—â—avour me to observe my former Methode The Common Law it self which is the best Bounds of our wisdom doth even in hoc Individuo prefer the prerogative of the Father before the prerogative of the King For if Lands descend held in chief from an Ancestour on the part of a Mother to a Mans eldest Son the Father being alive The Father shall have the Custody of the Body and not the King It is true that this is only for the Father And not any other Parent or Ancestour But then if you look to the high Law of Tutelage and Protection And of Obedience and Duty which is the Relative thereunto It is not said Honour thy Father alone But Honour thy Father and thy Mother c. Again the Civilians can tell us that there was a speciall Use of the Pretorian Power for Pupills and yet no Tenures The Citizens of London can tell us There be Courts of Orphants and yet no Tenures But all this while we pray your Lordships to conceive That we think our selves not competent to discern of the Honour of his Majesties Crown or the Shrine of his Conscience But leave it wholy unto him and alledge these things but in our own Excuse For Matter of Petition we do continue our most humble suit by your Lordships loving Conjunction that his Majesty will be pleaseâ— to open unto us this entrance of his Bounty and Grace As to give us liberty to treat And lastly we know his Majestieâ— Times are not subordinate at all but to the Globe above About this time the Sun hath got even with the Night and will rise apace And we know Solomons Temple whereof your Lordship my Lord Treasurer spake was not built in a day And if We shall be so happy as to take the Axe to hew and the Hammer to frame in this Case We know it cannot be without Time And therefore as far as we may with Duty and without Importunity we most humbly deâ—ire an Acceleration of his Majesties Answer according to his good time and Royall Pleasure A Speech of the Kings Sollicitor perswading the House of Commons to desist from further Question of receiving the Kings Messages by their Speaker And from the Body of the Councell As well as from the Kings Person In the Parliament 7o. Jac. IT is my Desire that if any the Kings Business either of Honour or Profit shall pass the House It may be not onely with externall prevailing But with satisfaction of the Inward Man For in Consent where Tongue strings not Hart-strings make the Musick That Harmony may end in Discord To this I shall alwayes bend my Endeavours The Kings Soveraignty and the Liberty of Parliament are as the two Elements and Principles of this Estate which though the one be more Active the other more Pasâ—ive yet they do not crosse or destroy the one the other But they strengthen and maintain the one the other Take away Liberty of Parliament the Griefes of the Subject will bleed inwards Sharp and Eager Humours will not evaporate And then they must exulcerate and so may indanger the Soveraignty it self On the other side if the Kings Soveraignty receive Diminution or any Degree of Contempt with usâ— that are born under an Hereditary Monarchy So as the Motions of our Estate cannot work in any other Frame or Engine It must follow that we shall be a Meteore or Corpus imperfectè mistum which kind of Bodies come speedily to Confusion and Dissolution And herein it is our Happinesse that we may make the same Judgement of the King which Tacitus made of Nerva Divus Nerva res olim Dissociabiles miscuit Imperium Libertatem Nerva did temper things that before were thought incompatible Soveraignty and Liberty And it is not amisâ—e in a great Councell and a great Cause to put the other part of the Difference which was significantly expressed by the Judgement which Apollonius made of Nero which was thus When Vespasian came out of Iudea towards Italy to receive the Empire As he passed by Alexandria he spake with Apollonius A Man much admired And asked him a Question of State What was Nero's Fall or overthrow Apollonius said Nero could tune the Harp well but in
Who to ingratiate themselves with the King were said to have undertaken that the Kings Business should pass in that House as his Majesty could wish In the Parliament 12o. Jac. Mr. Speaker I Have been hitherâ—o silent in this Matter of undertaking wherin as I perceive the House is much enwrapped First because to be plain with you I did not well understand what it meant or what it was And I do not love to offer at that that I do not throughly conceive That Private Men should undertake for the Commons of England Why A Man mought as well undertake for the four Elements It is a thing so giddyâ— and so vast as cannot enter into the Brain of a sober Man And specially in a new Parliament When it was impossible to know who should be of the Parliament And when all Men that know never so little the Constitution of this House do know it to be so open to Reason As Men do not know when they enter into these Dores what mind themselves will be of untill they hear Things argued and debated Much lesse can any Man make a pollicy of Assurance what Ship shall come safe home into the Harbour in these Seas I had heard of undertakings in severall kinds There were undertakers for the Plantations of Derry and Colerane in Ireland the better to command and bridle those Parts There were not long ago some undertakers for the North-West Passage And now there are some undertakers for the Project of Died and Dressed Cloaths And in short every Novelty useth to be strengthened and made good by a kind of undertaking But for the Ancient Parliament of England which moves in a certain Manner and Sphear To be undertaken it passes my reach to conceive what it should be Must we be all Died and Dressed And no pure Whites amongst us Or must there be a new passage found for the Kings Business by a point of the Compass that was never sailed by before Or must there be some Forts built in this House that may command and contain the rest Mr. Speaker I know but two Forts in this House which the King ever hath The Fort of Affection and the Fort of Reason The one Commands the Hearts and the other Commands the Heads And others I know none I think Aesop was a Wise Man that described the nature of the â—ly thaâ— sat upon the Spoke of the Chariot Wheele and said to her self What a Dust do I raise So for my part I think that all this Dust is raised by light Rumours and Buzzes and not upon any solid Ground The second Reason that made me silent was because this Susâ—icion and Rumor of undertaking settles upon no Person certain It is like the Birds of Paradise that they have in the Indies that have no Feet and therefore they never light upon any place but the wind carries them awayâ— And such a Thing do I take this Rumour to be And lastly when that the King had in his two severall speeches freed us from the main of our Fears In affirming directly that there was no undertaking to him And that he would have taken it to be no less derogation to his own Majesty then to our Merits To have the Acts of his people transferred to particular persons That did quiet me thus far That these Vapours were not gone up to the Head howsoever they might glow and estuate in the Body Neverthelesse since I perceive that this Cloud still hangs over the House And that it may do hurt as well in Fame abroad as in the Kings Eare I resolved with my self to do the part of an honest voice in this House to counsell you what I think to be for the best Wherein first I will speak plainly of the pernicious Effects of the Accident of this Brute and Opinion of undertaking Towards Particulars Towards the House Towards the King And wards the People Secondly I will tell you in Mine Opinion what undertaking is tolerable And how far it may be justified with a good mind And on the other side this same Ripping up of the Question of Vndertakers How far it may proceed from a good Mind And in what kind it may be thought Malicious and Dangerous Thirdly I will shew you my poor advice what Meanes there are to put an end to this Question of Vndertaking Not falling for the present upon a precise Opinion But breaking it how many wayes there be by which you may get out of it And leaving the choice of them to a Debate at the Committee And Lastly I will advise you how things are to be handled at the Commitee to avoid distraction and losse of Time For the First of these I can say to you but as the Scripure saith Si invicem mordetis ab invicem consumemini If ye Fret and Gall one anothers Reputation The end will be that every Man shall go hence like Coyn cried down Of lesse price than he came hither If some shall be thought to fawn upon the Kings Business openly And others to crosse it secretly Some shall be thought Practicers that would pluck the Cardes And others shall be thought Papists that would shuffle the Cardes what a Misery is this that we should come together to foul one another instead of procuring the publick good And this ends not in particulars but will make the whole House Contemptible For now I hear Men say That this Question of undertaking is the predominant Matter of this House So that we are now according to the Parable of Iotham in the Case of the Trees of the Forrest That when Question was whether the Vine should raign over them That mought not be And whether the Olive should raign over them That mought not be But we have accepted the Bramble to raign over us For it seemes that the good Vine of the Kings Graces that is not so much in esteem And the good Oyle whereby we should salve and relieve the wants of the Estate and Crown that is laid aside too And this Bramble of Contention and Emulation This Abimelech which as was truly said by an understanding Gentleman is a Bastard For every Fame that wants a Head is Filius populi This must Raign and Rule amongst us Then for the King nothing can be more opposite Ex diametro to his Ends and Hopes then this For you have heard him profess like a King and like a gracious King that he doth not so much respect his present supply As this demonstration that the Peoples Hearts are more knit to him then before Now then if the Issue shall be this that whatsoever shall be done for Him shall be thought to be done but by a number of Persons that shall be laboured and packt This will rather be a sign of Diffidence and Alienation then of a naturall Benevolence and Affection in his People at home And rather Matter of Disreputation then of Honour abroad So that to speak plainly to you The King were better call for a
at last it came to that Modell in which it was committed to the Presse As many Living Creatures do lick their young ones till they bring them to their strength of Limms In the Composâ—ng of his Books he did rather drive at a Masculine and clear Expression than at any Finenes or Affectation of Phrases And would often ask if the Meaning were expressed plainly enough As being one that aâ—counted words to be but subservient or Ministeriall to Matter And not the Principall And if his Stile were Polite it was because he could do no otherwise Neither was he given to any Light Conceits Or Descanting upon Words But did ever purposely and industriously avoyd them For he held such Things to be but Digressions or Diversions from the Scope intended And to derogate from the Weight and Dignity of the Stile He was no Plodder upon Books Though he read much And that with great Iudgement and Rejection of Impertinences incident to many Authours For he would ever interlace a Moderate Relaxation of His Minde with his Studies As Walking Or Taking the Aire abroad in his Coach or some other befitâ—ing Recreation And yet he would loose no Time In as much as upon his First and Immediate Return he would fall to Reading again And so suffer no Moment of Time to Slip from him without some present Improvement His Meales â—ere Refections of the Eare as well as of the Stomack Like the Noctes Atticae or Convivia Deipno-Sophistarum Wherein a Man might be refreshed in his Minde and understanding no lesse then in his Body And I have known some of no mean Parts that have professed to make use of their Note-Books when they have risen from his Table In which Conversations and otherwise he was no Dashing Man As some Men are But ever a Countenancer and Fosterer of another Mans Parts Neither was he one that would appropriate the Speech wholy to Himself or delight to out-vie others But leave a Liberty to the Co-Assessours to take their Turns Wherein he would draw a Man on and allure him to speak upon such a Subject as wherein he was peculiarly Skilfull and would delight to speak And for Himself he contemned no Mans Observations But would light his Torch at every Mans Candle His Opinions and Assertions were for the most part Binding And not contradicted by any Rather like Oracles then Discourses Which may be imputed either to the well weighing of his Sentence by the Skales of Truth and Reason Or else to the Reverence and Estimation wherein he was commonly had that no Man would contest with himâ— So that there was no Argumentation or Pro and Con as they term it at his Table Or if their chanced to be any it was Carried with much Submission and Moderation I have often observed And so have other Men of great Account That if he had occasion to repeat another Mans Words after him he had an use and Faculty to dresse them in better Vestments and Apparell then they had before So that the Authour should finde his own Speech much amended And yet the Substance of it still retained As if it had been Naturall to him to use good Forms As Ovid spake of his Faculty of Versifying Et quod tentabam Scribere Versus erat When his Office called him as he was of the Kings Counsell Learned to charge any Offenders either in Criminals or Capitals He was never of an Insulting or Domineering Nature over them But alwayes tender Hearted and carrying himself decently towards the Parties Though it was his Duty to charge them home But yet as one that looked upon the Example with the Eye of Severity But upon the Person with the Eye of Pitty and Compassion And in Civill Businesse as he was Counseller of Estate he had the best way of Advising Not engaging his Master in any Precipitate or grievous Courses But in Moderate and Fair Proceedings The King whom he served giving him this Testimony That he ever dealt in Businesse Suavibus Modis Which was the way that was most according to his own Heart Neither was He in his time lesse Gracious with the Subject then with his Soveraign He was ever Acceptable to the House of Commons when He was a Member thereof Being the Kings Atturney chosen to a place in Parliament He was allowed and dispensed with to sit in the House which was not permitted to other Atturneys And as he was a good Servant to his Master Being never in 19. years Service as himself averred rebuked by the King for any Thing relating to his Majesty So he was a good Master to his Servants And rewarded their long Attendance with good Places freely when they fell into his Power Which was the Cause that so many young Gentlemen of Bloud and Quality Sought to list themselves in his Retinew And if he were abused by any of them in their Places It was onely the Errour of the Goodnesse of his Nature But the Badges of their Indiscretions and Intemperances This Lord was Religious For though the World be apt to suspect and prejudge Great Wits and Politicks to have somewhat of the Atheist Yet he was conversant with God As appeareth by severall Passages throughout the whole Current of his Writings Otherwise he should have crossed his own Principles which were That a little Philosophy maketh Men apt to forget God As attributing too much to Second Causes But Depth of Philosophy bringeth a Man back to God again Now I am sure there is no Man that will deny him or account otherwise of him but to have been a deep Philosopher And not onely so But he was able to render a Reason of the Hope which was in him Which that Writing of his of the Confession of the Faith doth abundantly testifie He repaired frequently when his Health would permit him to the Service of the Church To hear Sermons To the Administration of the Sacrament of the Blessed Body and Bloud of Christ And died in the true Faith established in the Church of England This is most true He was free from Malice which as he said Himself He never bred nor fed He was no Revenger of Injuries which if he had minded he had both Opportunity and Place High enough to have done it He was no Heaver of Men out of their Places As delighting in their Ruine and Undoing He was no Defamer of any Man to his Prince One Day when a great States-Man was newly Dead That had not been his Friend The King asked him What he thought of that Lord which was gone He answered That he would never have made his Majesties Estate better But he was sure he would have kept it from being wâ—rse Which was the worst he would say of him Which I reckon not amongst his Morall but his Christian Vertues His Fame is greater and sounds louder in Forraign Parts abroad then at home in his own Nation Thereby verifying that Divine Sentence A Prophet is not without Honour save in his own
come and take the Honour of taking the Town His Lordships last Reason was that it cast some aspersion upon his Majesty Implying as if the King slept out the Sobbs of his Subjects untill he was awaked with the Thunderbolt of a Parlaament But his Lordships Couclusion was very Noble Which was with a Protestation That what Civill Threats Contestation Art and Argument can do hath been used already to procure Remedy in this Cause And a Promise That if Reason of State did permit as their Lordships were ready to spend their Breath in the pleading of that we desire so they would be ready to spend their Blouds in the Execution thereof This was the Resolution of that which passed A Speech used to the King by his Majesties Solliciter being chosen by the Commons as their Mouth and Messenger for the presenting to his Majesty of the Instrument or Writing of their Grievances In the Parliament 7o. Jacobi MOst gracious Soveraign The Knights Cittizens and Burgesses assembled in Parliament in the House of your Commons in all humbleness do Exhibite and present unto your Sacred Majesty in their own Words though by my hand their Petitions and Grievances They are here conceived and set down in writing According to ancient Custome of Parliament They are also prefaced according to the Manner and Tast of these later Times Therefore for me to make any Additionall Preface were neither warranted nor convenient Especially speaking before a King The Exactness of whose Judgement ought to scatter and chase away all unnecessary Speech as the Sun doth a Vapour This onely I must say Since this Session of Parliament we have seen your Glory in the Solemnity of the Creation of this most Noble Prince We have heard your Wisdome in sundry excellent Speeches which you have delivered amongst us Now we hope to find and feel the Effects of your Goodness in your Gracious Answer to these our Petitions For this we are perswaded that the Attribute which was given by one of the wisest Writers to Two of the best Emperours Divus Nerva Divus Traianus So saith Tacitus Res olim insociabiles miscuerunt Imperium Libertatem May be truly applyed to your Majesty For never was there such a Conservatour of Regality in a Crown Nor never such a Protectour of lawfull Freedome in a Subject Onely this Excellent Soveraign Let not the sound of Grievances though it be sad seem harsh to your Princely Eares It is but Gemitus Columbae The Mourning of a Dove With that Patience and Humility of Heart which appertaineth to loving and Loyall Subjects And far be it from us But that in the midst of the Sense of our Grievances we should remember and acknowledge the infinite Benefits which by your Majesty next under God we do enjoy Which bind us to wish unto your life Fulness of Dayes And unto your Line Royall a Succession and Continuance even unto the worlds end It resteth that unto these Petitions here included I do adde one more that goeth to them all Which is That if in the words and frame of them there be any Thing offensive Or that we have expressed our Selves otherwise then we should or would That your Majesty would cover it and cast the Vaile of your Grace upon it And accept of our good Intentions And help them by your benign Interpretation Lastly I am most humbly to crave a particular pardon for my self that have used these few words And scarcely should have been able to have used any at all in respect of the Reverence which I bear to your Person and Judgement had I not been somewhat relieved and comforted by the Experience which in my Service aâ—d Accesse I have had of your continuall Grace and Favour A Speech of the Kings Sollicitour used unto the Lords at a Conference by Commission from the Commons Moving and perswading the Lords to joyn with the Commons in Petâ—tion to the King To obtain Liberty to treat of a Composition with his Majesty for Wards and Tenures In the Parliament 7o. Jacobi THe Knights Cittizens and Burgesses of the House of Commons have commanded me to deliver to your Lordships the Cauâ—es of the Conference by them prayed and by your Lordships assented for the second Business of this Day They have had Report made unto them faithfully of his Majesties Answer declared by My L. Treasurer touching their humble Desire to obtain Liberty from his Majestyâ— to treat of compounding for Tenures And first they think themselves much bound unto his Majesty That in Renovâ in which case Princes use to be apprehensive he hath made a gracious Construction of their Proposition And so much they know of that that belongs to the Greatness of his Majesty and the Greatness of the Cause As themselves acknowledge they ought not to have expected a present Resolution Though the Wise-Man saith Hope deferred is the Fainting of the Soul But they know their Duty to be to attend his Majesties Times at his good pleasure And they do it with the more comfort because in that his Majesties Answer Matching the Times aad weighing the Passages thereof they conceive in their Opinion rather Hope then Discouragement But the principall Causes of the Conference now prayed Besides these significations of Duty not to be omitted Are two Propositions The one Matter of Excuse of themselves The other Matter of Petition The former of which growes thus Your Lordship my L. Threasurer in your last declaration of his Majesties Anâ—wer which according to the Attribute then given unto it had Imaginem Caesaris fair and lively graven made this true and effectuall Distribution That there depended upon Tenures Considerations of Honour of Conscience And of Vtility Of these three Vtility as his Majesty set it by for the present out of the Greatness of his Mind So we set it by out of the Justnesse of our Desires For we never ment but a goodly and worthy Augmentation of the Profit now received and not a Diminution But to speak truly that Consideration falleth naturally to be examined when Liberty of Treaty is granted But the former Two indeed may exclude Treaty And cut it off before it be admitted Nevertheless in this that we shall say concerning those Two We desire to be conceived rightly We mean not to dispute with his Majesty what belongeth to Soveraign Honour or his Princely Conscience Because we know we are not capable to discern them Otherwise then as Men use sometimes to see the Image of the Sun in a Pail of Water But this we say for our selves God forbid that we knowingly should have propounded any thing that mought in our Sense and perswasion touch either of both And therefore herâ—in we desire to be heard not to enform or perswade his Majesty but to fâ—ee and excuse our selves And first in generall we acknowledge that this Tree of Tenures was Planted into the Prerogative by the ancient common Law of this Land That it hath been Fenced in and Preserved by many Statutes
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
Lordships Legitimate Issue And the Publishers and Printers of them deserve to have an Action of Defamation brought against them by the State of Learning for Disgracing and Personating his Lordships Works As for this present Collection I doubt not but that it will verifie it self in the severall Parcells thereof And manifest to all understanding and unpartiall Readers who is the Authour of it By that Spirit of Perspicuity and Aptnesse and Concisenesse which runs through the whole Work And is ever an Annex of his Lordships Penne. There is required now And I have been moved by many Both from Forrein Nations and at Home who have held in Price and been Admirers of this Honourable Authours Conceits and Apprehensions That some Memorialls might be added concerning his Lordships Life Wherein I have been more Willing then sufficient to satisfie their Requests And to that End have endeavoured to contribute not my Talent but my Mite in the next following Discourse Though to give the true Value to his Lordships Worth There were more need of another Homer to be the Trumpet of Achilles Vertues WILLIAM RAWLEY THE LIFE OF THE HONOURABLE AUTHOR FRANCIS BACON the Glory of his Age and Nation The Adorner and Ornament of Learning Was born in York House or York Place in the Strand On the 22th Day of January In the Year of our Lord 1560. His Father was that Famous Counseller to Queen Elizabeth The Second Propp of the Kingdome in his Time Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England A Lord of Known Prudence Sufficiency Moderation and Integrity His Mother was Ann Cook one of the Daughters of Sir Anthony Cook unto whom the Erudition of King Edward the Sixth had been committed A choyce Lady and Eminent for Piety Vertue and Learning Being exquisitely Skilled for a Woman in the Greek and Latin Tongues These being the Parents you may easily imagine what the Issue was like to be Having had whatsoever Nature or Breeding could put into Him His first and childish years were not without some Mark of Eminency At which Time he was endued with that Pregnancy and Towardness of Wit As they were Preâ—ages of that Deep and Universall Apprehension which was manifest in him afterward And caused him to be taken notice of by several Persons of Worth and Place And especially by the Queen who as I have been informed delighted much then to confer with him And to prove him with Questions unto whom he delivered Himself with that Gravity and Maturity above his years That her Majesty would often term Him The young Lord Keeper At the ordinary years of Ripeness for the university or rather something earlier He was sent by his Father to Trinity Colledge in Cambridge To be educated and bred under the Tuition of Doctor John White-Gift then Master of the Colledge Afterwards the Renowned Arch-Bishop of Canterbury A Prelate of the First Magnitude for Sanctity Learning Patience and Humility Vnder whom He was observed to have been more then an Ordinary Proficient in the severall Arts and Sciences Whilst he was commorant in the University about 16. years of Age As his Lordship hath been pleased to impart unto my Self he first fell into the Dislike of the Philosophy of Aristotle Not for the Worthlesnesse of the Authour to whom he would ever ascribe all High Attributes But for the Unfruitfulnesse of the way Being a Philosophy as his Lordship used to say onely strong for Disputations and Contentions But Barren of the Production of Works for the Benefit of the Life of Man In which Mind he continued to his Dying Day After he had passed the Circle of the Liberall Arts His Father thought fit to frame and mould him for the Arts of State And for that end sent him over into France with Sir Amyas Paulet then Employed Ambassadour Lieger into France By whom he was after a while held fit to be entrusted with some Message or Advertisement to the Queen which having performed with great Approbation he returned back into France again With Intention to continue for some years there In his absence in France his Father the Lord Keeper died Having collected as I have heard of Knowing Persons a considerable summe of Money which he had separated with Intention to have made a competent Purchase of Land for the Lively-hood of this his youngest Son who was onely unprovided for And though he was the youngest in years yet he was not the lowest in his Fathers Affection But the said Purchase being unaccomplished at his Fathers Death there came no greater share to him than his single Part and Portion of the Money dividable amongst 5. Brethren By which meanes he lived in some streits and Necessities in his younger years For as for that pleasant Scite and Mannour of Gorhambury he came not to it till many years after by the Death of his Dearest Brother Mr. Anthony Bacon A Gentleman equall to him in Heigth of Wit Though inferiour to him in the Endowments of Learning and Knowledge Vnto whom he was most nearly conjoyned in Affection They two being the sole Male Issue of a second Venter Being returned from Travaile he applyed himself to the study of the Common Law which he took upon him to be his Profession In which he obtained to great Excellency Though he made that as himself said but as an Accessary and not as his Principall study He wrote severall Tractates upon that Subject Wherein though some great Maisters of the Law did out-go him in Bulk and Particularities of Cases yet in the Science of the Groundsâ— and Mysteries of the Law he was exceeded by none In this way he was after a while sworn of the Queens Counsell Learned Extraordinary A Grace if I err not scarce known before He seated himself for the Commodity of his studies and Practise amongst the Honourable Society of Greyes Inn Of which House he was a Member where he Erected that Elegant Pile or Structure commonly known by the Name of the Lord Bacons Lodgings which he inhabited by Turns the most part of his Life some few years onely excepted unto his Dying Day In which House he carried himself with such Sweetnesse Comity and Generosity That he was much revered and loved by the Readers and Gentlemen of the House Notwithstanding that he professed the Law for his Livelyhood and Subsistence Yet his Heart and Affection was more carried after the Affaires and Places of Estate For which if the Majesty Royall then had been pleased he was most fit In his younger years he studied the Service and Fortunes as they call them of that Noble but unfortunate Earl the Earl of Esâ—ex unto whom he was in a sort a Private and free Counseller And gave him safe and Honourable Advice Till in the end the Earl inclined too much to the violent and precipitate Counsell of others his Adherents and Followers which was his Fate and Ruine His Birth and other Capacities qualified him above others of his Profession to have
Ordinary Accesses at Court And to come frequeâ—tly into the Queens Eye who would often grace him with private and free Communication Not onely about Matters of his Profession or Businesse in Law But also about the Arduous Affairs of Estate From whom she received from time to time great Satisfaction Neverthelesse though she cheered him much with the Bounty of her Countenance yet she never cheered him with the Bounty of her Hand Having never conferred upon him any Ordinary Place or Means of Honour or Profit Save onely one dry Reversion of the Registers Office in the Star-Chamber worth about 1600 l. per Annum For which he waited in Expectation either fully or near 20. years Of which his Lordship would say in Queen Elizabeths Time That it was like another Mans Ground buttalling upon his House which might mend his Prospect but it did not fill his Barn Neverthelesse in the time of King James it fell unto him Which might be imputed Not so much to her Majesties Aversenesse or Disaffection towards him As to the Arts and Policy of a Great Statesman â—hen who laboured by all Industrious and secret Means to suppresse and keep him down Lest if he had riseâ— he might have obscured his Glory But though he stood long at a stay in the Dayes of his Mistresse Queen Elizabeth Yet after the change and Comming in of his New Master King James he made a great Progresse By whom he was much comforted in Places of Trust Honour and Revenue I have seen a Letter of his Lordships to King James wherein he makes Acknowledgement That He was that Master to him that had raysed and advanced him nine times Thrice in Dignity and Sixe times in Office His Offices as I conceive were Counsell Learned Extraordinary to his Majesty as he had been to Queen Elizabeth Kings Solliciter Generall His Majesties Atturney Generall Counseller of Estate being yet but Atturney Lord Keeper of the Great Seal of England Lastly Lord Chanceller Which two last Places though they be the same in Auâ—hority and Power yet they differ in Patent Heigth and Favour of the Prince Since whose time none of his Successours did ever bear the Title of Lord Chanceller His Dignities were first Knight Then Baron of Verulam Lastly Viscount Saint Alban Besides other good Gifts and Bounties of the Hand which his Majesty gave him Both out of the Broad Seal And out of the Alienation Office Towards his Rising years not before he entred into a married Estate And took to Wife Alice one of the Daughters and Co-Heires of Benedict Barnham Esquire and Alderman of London with whom He received a sufficiently ample and liberall Portion in Marriage Children he had none which though they be the Means to perpetuate our Names after our Deaths yet he had other Issues to perpetuate his Name The Issues of his Brain In which he was ever happy and admired As Jupiter was in the production of Pallas Neither did the want of Children detract from his good usage of his Consort during the Intermarriage whom he prosecuted with much Conjugall Love and Respect with many Rich Gifts and Enâ—owments Besides a Roab of Honour which he invested her withall which she wore untill her Dying Day Being twenty years and more after his Death The last five years of his Life being with-drawn from Civill Affaires and from an Active Life he employed wholy in Contemplation and Studies A Thing whereof his Lordshâ—p would often speak during his Active Life As if he affected to dye in the Shadow and not in the Light which also may be found in severall Passages of his Works In which time he composed the greatest Part of his Books and Writings Both in English and Latin Which I will enumerate as near as I can in the just Order wherein they were written The History of the Reign of King Henry the Seventh Abecedarium Naturae or A Metaphysicall Piece which is lost Historia Ventorum Historia vitae Mortis Historia Densi Rari not yet Printed Historia Gravis Levis which is also lost A Discourse of a War with Spain A Dialogue touching an Holy War The Fable of the New Atlantis A Preface to a Digest of the Lawes of England The Beginning of the History of the Reign of King Henry the Eighth De Augmentis Scientiarum Or the Advanccment of Learning put into Latin with severall Enrichments and Enlargements Counsells Civill and Morall Or his Book of Essayes likewise Enriched and enlarged The Conversion of certain Psalms into English Verse The Translation into Latin of the History of King Henry the Seventh of the Counsells Civill and Morall of the Dialogue of the Holy War of the Fable of the New Atlantis For the Benefit of other Nations His Revising of his Book De Sapientià Veterum Inquisitio de Magnete Topica Inquisitionis de Luce Lumine Both these not yet Printed Lastly Sylva Sylvarum or the Naturall History These were the â—ruits and Productions of his last five years His Lordship also designed upon the Motion and Invitation of his late Majesty To have written the Reign of King Henry the Eighth But that Work Perished in the Designationâ— meerly God not lending him Life to proceed further upon it then onely in one Mornings Work Whereof there is Extant An Ex Ungue Leonem already Printed in his Lordships Miscellany Works There is a Commemoration due As well to his Abilities and Vertues as to the Course of his Life Those Abilities which commonly goe single in other Men though of prime and Observable Parts were all conjoyned and met in Him Those are Sharpnesâ— of Wit Memory Judgement and Elocution For the Former Three his Books doe abundantly speak them which with what Sufficiency he wrote let the World judge But with what Celerity he wrote them I can best testifie But for the Fourth his Elocution I will onely set down what I heard Sir Walter Rauleigh once speak of him by way of Comparison whose Iudgement may well be trusted That the Earl of Salisbury was an excellent Speaker but no good Pen-man That the Earl of Northampton the Lord Henry Howard was an excellent Pen-man but no good Speaker But that Sir Francis Bacon was Eminent in Both. I have been enduced to think That if there were a Beame of Knowledge derived from God upon any Man in these Modern Times it was upon Him For though he was a great Reader of Books yet he had not his Knowledge from Books But from some Grounds and Notions from within Himself Which notwithstanding he vented with great Caution and Circumspection His Book of Instauratio Magna which in his own Account was the chiefest of his works was no Slight Imagination or Fancy of his Brain But a Setled and Concocted Notion The Production of many years Labour and Travell I my Self have seen at the least Twelve Coppies of the Instauration Revised year by year one after another And every year altred and amended in the Frame thereof Till
Baron of Verulam Viscount Saint Alban LONDON Printed by Sarah 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. A SPEECH IN PARLIAMENT Elizabeth 39. UPON THE MOTION of SVBSIDY AND please you Mr. Speaker I must consider the Time which is spent yet so as I must consider also the Matter which is great This great Cause was at the first so materially and weightily propounded And after in such sort perswaded and enforced And by Him that last spake so much time taken and yet to good purpose As I shall speak at a great disadvantage But because it hath been alwayes used and the Mixture of this House doth so require it That in Causes of this Nature there be some Speech and Opinion as well from persons of Generallity as by persons of Authority I will say somewhat and not much wherein iâ— shall not be fit for me to enter into or to insist upon secrets either of her Majestiesâ—offers â—offers or of her Councell but my Speech must be of a more vulgar Nature I will not enter Mr. Speaker into a laudative Speech of â—he high and singular Benefits which by her Majesties most politick and happy Government we receive thereby to incite you to a Retribution partly because no breath of Man can set them forth worthily and partly because I know hâ—r Maâ—esty in her Magnanimity doth bestow her benefits like her fâ—ee'st Pattents absque aliquo inde reddendo Not looking for any thing again iâ— it were in respect only of her particular but Love and Loyalty Neither will I now aâ— this time put the case of this Realm of England too precisely How it standeth with the Subject in point of payments to the Crown Though I could make it appear by Dâ—monstration what opinion soever be conceivâ—d that never Subjects were partakers of greater Freedome and Ease And that whether you look abroad into other Countries at this present timeâ— or look back to former Times in this our own Countrey we shall find an exceeding Difference in matter â—f Taxes which now I reserve to mention not so much in doubt to acquaint your Ears with Forrain Sâ—rains or to digge up the Sepulâ—hers â—f Buried and Forgotten Impositions which in this case as by way of Comparison it is necessary you understand But because Speech in the House is â—it to perswade the generall point And particularity is more proper and seasonable for the Commâ—ttee Neither will I make any Observations upon her Majesâ—ies manner of expending and issuing Treasure being not upon â—xcâ—ssive and exoâ—bitant Donatives nor upon sumptuous and unnecessary Triuâ—phâ— Buildings or like Magnificence but upon the Preservation Protection and Honâ—ur of the Realm For I dare noâ— scan upâ—n heâ— Majesties Aâ—â—ion whâ—ch it becomemeth me rather to admire in silence then to gloss or discourse upon them though with never so good a meaning Sure I am â—hat the Treasure that commeth from you to hâ—r Majesâ—y is but as a Vapour which â—iseth from the Earth and gatherâ—th into a Cloud and stayeth not there long but upon the same Earth it falleth again and what if some drops of this do fall upon â—rance or Flaunders It is like a sweet Odour of Honour and Reputation to our Nation throughout the World But I will onely insist upon the Naturall and Inviolate Law of Preservation It is a Truth Mr. Speaker and a familiar Truth that safety and preservation is to be preferred before Benefit or Encrease In as much as those Counsels which tend to preservation seem to be attended with necessity whereas those Deliberations which tend to Benefit seem onely accompanied with perswasion And it is ever gain and no loss when at the foot of he account theâ—e remains the purchase of safety The Prints of this are every where to be found The Patient will ever part with some of his Bloud to save and clear the rest The Sea-faring Man will in a Storm cast over some of his Goods to save and assure the rest The Husband-man will afford some Foot of Ground for his Hedge and Ditch to fortifie and defend the rest Why Mr. Speaker the Disputer will if he be wise and cunning grant somewhat that seemeth to make against him because he will keep himself within the strength of his opinion and the better maintain the rest But this Place advertiseth me not to handle the Matter in a Common Place I will now deliver unto you that which upon a probatum est hath wrought upon my self knowing your Affections to be like mine own There hath fallen out since the last Parliament four Accidents or Ocurrents of State Things published and known to you all by every one whereof it seemeth to me in my vulgar understanding that the danger of this Realm is encreased Which I speak not by way of apprehending fear For I know I speak to English Courages But by way of pressing Provision For I do find Mr. Speaker that when Kingdomes and States are entred into Tearms and Resolutions of Hostility one against the other yet they are many times restrained from their Attempts by four Impediments The first is by this same Aliud agere when they have their Hands full of other Matters which they have embraced and serveth for a diversion of their Hostile purposes The next is when they want the Commodity or opportunity of some places of near Approach The third when they have conceived an apprehension of the Difficulty and churlishness of the enterprise and that it is not prepared to their Hand And the fourth is when a State through the Age of the Monarch groweth heavy and indisposed to actions of great Perill and Motion and this dull Humour is not sharpened nor inflamed by any provocations or scorns Now if it please you to examin whither by removing the Impediments in these four kinds the Danger be not grown so many degrees nearer us by accidents as I said fresh and all dated since the last Parliament Soon after the last Parliament you may be pleased to remember how the French King revolted from his Religion whereby every Man of common understanding may infer that the Quarrell between France and Spain is more reconcileable And a greater inclination of affairs to a peace than before which supposed it followeth Spain shall be more free to intend his Malice against this Realm Since the last Parliament it is also notorious in every mans knowledge and remembrance That the Spaniards have possessed themselves of that Avenue and place of approach for England which was never in the Hands of any King of Spain before And that is Callais which in true Reason and Consideration of estate of what value or service it is I know not but in common understanding it is a knocking at our Doors Since the last Parliament also that Ulcer of Ireland which indeed brake forth before hath run on and raged more which cannot but be a great
in our Eye yet the Body of the Kingdome is but thin sown with People And whosoever shall compare the Ruines and Decayes of ancient Towns in this Realm with the Erections and Augmentations of new cannot but judge that this Realm hath been far better peopled in foâ—mer times It may be in the Heptarchy or otherwise For generally the Rule holdeth The smaller State the greater Population proratâ— And whether this be true or no we need not seek further then to call to our remembrance how many of us serve here in this place â—or desolate and decayed Burroughs Again Mr. Speaker whosoever looketh into the Principles of Estate must hold it that it is the Mediterrane Countries and not the Mariâ—â—me which need to fear surcharge of People For all Sea â—rovinâ—es and specially Islands have another Element besides the Earth and Soil for their Sustentation For what an infinite Number of people are and may be sustained by Fishing Carriage by Sea and Merchandizing wherein I do again discover that we are not at all pinched by Multitude of People For if we were it were not possible that we should relinquish and resign such an infiâ—ite Benefit of Fishing to the Flemmings as it is well known we do And therefore I see that we have wastes by Sea as well as by Land which still is an infallible Argument that our Industry is not awaked to seek maintenance by any over great Press or charge of people And lâ—stly Mr. Speaker there was never any Kingdome in the Ages of tâ—e world had I think so fair and happy means to issue and discharge the Multitude of their People if it were too great as this Kingdome hath In regard of that desolate and wasted Kingdome of Ireland which being a Countrey blessed with almost all the Dowâ—ies of Nature As Rivers Havens Woods Quarries good Soyl and temperate Climate And now at last under his Majesty blessed also with obedience Doth as it were continually call unto us for our Colonies and Plantations And so I conclude my second Answer to this pâ—etended Inconvenience of surcharge of People Tâ—e Third Answer Mr. Speaker which â— give is this I demand what is the worst Effect which can follow of Surcharge of People Look into all Stories and you shall find it none other thâ—n some Honourable War for the Enlargement of their Bordeâ—s which find themselves pent upon Forrain parts Which Incoâ—venience in a valourous and Warlike Nation I know not whether I should term an Inconvenience or no For the saying is most true though in another Sense Omne solum Forti Patria It was spoken indeed of the patience of an exil'd Man But it is no less true of the valour of a Warlike Nation And certainly Mr. Speaker I hope I may speak it without offence That if we did hold our selves worthy whensoever just Cause should be given Either to recover our ancient Rights Or to revenge our late wrongs Or to attain the Honour of our Ancestors Or to enlarge the Patrimony of our Posterity We would never in this manner forget Considerations of Amplitude and Greatness and fall at variance about profit and Reckonings Fitter a great deal â—or private Persons then for Parliaments and Kingdoms And thus Mr. Speaker I leave this first objection to such Satisfaction as you have heard The second Objection is that the Fundamentall Laws of both these Kingdoms of England and Scotland are yet divers and severall Nay more that it is declared by the Instrument that they shall so continue And that there is no intent in his Majesty to make Innovation in them And therefore that it should not be seasonable to proceed to this Naturalization whereby to endowe them with our Rights and Priviledges except they should likewise receive and submit themselves to our Laws And this Objection likewise Mr. Speaker I allow to be a weighty Objection and worthy to be well answered and discussed The Answer which I shall offer is this It is true for mine own part Mr. Speaker that I wish the Scottish Nation governed by our Laws For I hold our Laws with some reducement worthy to govern if it were the world But this is that which I say and I desire therein your Attention That according to true reason of Estate Naturalization is in Order First and precedent to union of Laws In degree a less Matter then union of Laws And in Nature separable not inseparable from union of Laws For Naturalization doth but take out the Marks of a Forrainer But union of Laws makes them entirely as our selves Naturalization taketh away separation But union of Lawes doth take away Distinction Do we not see Mr. Speaker that in the Administation of the world under the great Monarch God himself that his Lawes are divers One Law in Spirits another in Bodies One Law in Regions celestiall another in Elementary And yet the Creatures are all one Mass and Lump without any vacuum or separation Do we not see likewise in the State of the Church that amongst People of all Languages and Linages there is one Communion of Saints And that we are all Fellow Citizens and naturalized of the Heavenly Hierusalem And yet nevertheless divers and severall Ecclesiasticall Lawes Policies and Hierarchies According to the Speech of that worthy Father In veste varietas sit scissurae non sit And therefore certainly Mr. Speaker the Bond of Law is the more speciall and private Bond And the Bond of Naturalization the more common and generall For the Lawes are rather Figura Reip then Forma And rather Bonds of Perfection then Bonds of Entirenesse And therefore we see in the Experience of our own Government that in the Kingdome of Ireland all our Statute-Lawes since Poynings Law are not in force And yet we deny them not the Benefit of Naturalization In Gersey Garnesey and the Isle of Man our Common-Lawes are not in force And yet they have the Benefit of Naturalization Neither need any Man doubt but that our Laws and Customes must in small time gather and win upon theirs For here 's the Seat of the Kingdome whence come the supreme Directions of Estate Here is the Kings Person and Example of which the Verse saith Regis ad exemplum totus componitur Orbis And therefore it is not possible Although not by solemne and formall Act of Estates yet by the secret Operation of no long time but they will come under the yoak of our Lawes And so Dulcis tractus pari jugo And this is the Answer I give to this second objection The third Objection is some Inequality in the Fortunes of these two Nations England and Scotland By the Commixture whereof there may ensue Advantage to them and Loss to us Wherein Mr. Speaker it is well that this Difference or Dispaparity conâ—isteth but in externall Goods of Fortune For indeed it must needs be confessed that for the Goods of the Mind and the Body they are Alteri Nos Other our selves For to do them but
and Constancy as it did strike the Minds of those that heaâ—d him more then any Argument had done And so Mr. Speaker against all these witty and subtile Arguments I say that I do believe and I would be sorry to be found a Prophet in it That except we proceed with this Naturalization Though not perhaps in his Majesties time who hath such Interest in both Nations yet in the time of his Descendants these Realms will be in continuall Danger to divide and break again Now if any Man be of that carelesse mind Maneat nostros ea Cura Nepotes Or of that hard Mind to leave things to be tried by the sharpest Sword sure I am he is not of Saint Pauls Opinion who affirmeth That whosoever useth not Fore-sight and Provision for his Family is worse then an unbeliever Much more if we shall not use fore-sight for these two Kingdoms that comprehend so many Families But leave things open to the perill of future Divisions And thus have I expressed unto you the Inconvenience which of all other sinketh deepest with me as the most weighty Neither do there want other Inconveniences Mr. Speaker the Efâ—ect and Influence whereof I fear will not be adjourned to so long a Dâ—y as this that I have spoken of For I leave it to your wisdom to consider whether you do not think in case by the deniall oâ— this Naturalization any Pike of Alienation or unkindness I do not say should be thought to be or noised to be between these two Nations whether it will not quicken and excite all the Envious and Malicious Humours wheresoever which are now covered against us either forraign or at home And so open the way to practises and other Engines and Machinations to the Disturbance of this State As for that other Inconvenience of his Majesties Engagement into this Action it is too binding and pressing to be spoken of And may do better a great deal in your Minds then in my Mouth Or in the mouth of any man else because as I say it doth press our Liberty too far And therefore Mr. Speaker I come now to the third generall part of my Division concerning the Benefits which we shall purchase by this knitting of the knot surer and streighter between these two Kingdoms by the Communicating of Naturalization The Benefits may appear to be two The one Surety the other Greatness Touching Surety Mr. Speaker it was well said by Titus Quiutius the Roman touching the state of Peloponnesus That the Tortois is safe within her shell Testudo intra Tegumen tuta est But if there be any Parts that lye open they endanger all the rest We know well that although the State at this time be in a happy peace Yet for the time past the more Ancient Enemy to this Kingdome hath been the French and the more late the Spaniard And both these had as it were their severall postern Gates whereby they mought have approach and Entrance to annoy us France had Scotland and Spain had Ireland For these were the two Accesses which did comfort and encourage both these Enemies to assail and trouble us We see that of Scoâ—land is cut off by the Vnion of both these Kingdoms If that it shall be now made constant and permanent That of Ireland is likewise cut off by the convenient situation of the North of Scotland toward the North of Ireland where the Sore was Which we see being suddainly closed hath continued closed by means of this Salveâ— So as now there are no Parts of this State exposed to Danger to be a Temptation to the Ambition of Forrainers but their approaches and Avenues are taken away For I do little doubt but those Forrainers which had so little successâ— when they had these advantages will have much lesse comfort now that they be taken from them And so much for Surety For Greatness Mr. Speaker I think a Man may speak it soberly and without Bravery That this Kingdom of England having Scotland united Ireland reduced the Sea Provinces of the Low-Countreys contracted and Shipping maintained Is one of the greatest Monarchies in Forces truly esteemed that hath been in the world For certainly the Kingdoms here on Earth have a Resemblance with the Kingdome of Heaven which our Saviour compareth not to any great Kernell or Nut but to a very Small Grain yet such an one as is apt to grow and spread And such do I take to be the Constitution of this Kingdome If indeed we shall refer our Counsels to Greatness and Power And not quench them too much with Consideration of Utility and Wealth For Mr. Speaker was it not think you a true Answer that Solon of Greece made to the Rich King Craesus of Lydia when hee shewed unto him a great Quantity of Gold that he had gathered together in Ostentation of his Greatness Might But Solon said to himâ— contrary to his Expectation Why Sir if another come that hath better Iron then you he will be Lord of all your Gold Neither is the Authority of Machiavell to be despised who scorneth the Proverb of estate taken first from a Speech of Muciauus That Moneys â—re the Sinews of War And saith There are no true Sinews of War but the very Sinews of the Arms of valiant Men. Nay more Mr. Speaker whosoever shall look into the Seminaries and Beginnings of the Monarchies of the world he shall find them founded in Poverty Persia a Country barren and poor in respect of the Medes whom they subdued Macedon a Kingdome ignoble and Mercenary untill the Time of Philip the Son of Amyntas Rome had poor and pastorall Beginnings The Turks a Band of Sarmatian Scythes that in a vagabond manner made Impression upon that part of Asia which is yet called Turcomania Out of which after much variety of Fortune sprung the Ottomon Family now the Terrour of the world So we know the Gothes Vandals Alanes Huns Lombards Normans and the rest of the Northern People in one Age of the World made their Descent or Expedition upon the Roman Empire And came not as Rovers to carry away prey and be gone again But planted themselves in a number of fruitfull and rich Provinces Where not onely their Generations but their Names remain till this Day witness Lombardy Catalonia A name compounded of Goth Alane Andaluzia A name corrupted from Vandelicia Hungary Normandy and others Nay the Fortune of the Swizzes of late years which are bred in a barren and Mountanous Countrey is not to be forgotten Who first ruined the Duke of Burgundy The same who had almost ruined the Kingdome of France what time after the Battail of Granson the Rich Jewell of Burgundy prized at many Thousands was sold for a few pence by a common Swizze That knew no more what a Jewell meant then did â—sops Cock And again the same Nation in revenge of a Scorn was the Ruin of the French Kings Affaires in Italy Lewes the 12th For that King when he
Time to be perfected both for the Compiling and for the Passing During all which time if this Mark of Strangers should be denied to be taken away I fear it may induce such a Habit of Strangeness as will rather be an Impediment then a preparation to further proceeding For he was a wise Man that said Opportuni Magnis Conatibus Transitus Rerum And in those Cases Non progredi est Regredi An like as in a pair of Tables you must put out the former writing before you can put in new And again that which you write in you write Letter by Letter But that which you put out you put out at once So we have now to deal with the Tables of Mens Hearts wherein it is in vain to think you can enter the willing Acceptance of our Laws and Customs except you first put sorth all Notes either of Hostility or Forrain Condition And these are to be put out simulet semel at once without Gradations whereas the other points are to be imprinted and engraven distinctly and by degrees Thirdly whereas it is conceived by some that the Communication of our Benefits and priviledges is a good Hold that we have over them to draw them to submit themselves to our Laws It is an Argument of some probability but yet to be answered many wayes For first the Intent is mistaken Which is not as I conceive it to draw them wholy to a Subjection to our Lawâ— But to draw both Nations to one uniformity of Law Again to think that there should be a kind of Articulate and Indented Contract That they should receive our Laws to obtain our priviledges it is a Matter in reason of Estate not to be expected Being that which scarcely a private Man will acknowledge if it come to that whereof Seneca speaketh Beneficium accipere est Libertatem vendere No but Courses of Estate do describe and delineate another way Which is to win them either by Benefit or Custome For we see in all Creatures that Men do Feed them first and Reclaim them after And so in the first Institution of Kingdomes Kings did first win People by many Benefits and Protections before they prest any Yoke And for Customeâ— which the Poets call Imponere Morem Who doubts but that the Seat of the Kingdome and the Example of the King resting here with us our Manners will quickly be there to make all things ready for our Laws And lastly the Naturalization which is now propounded is qualified with such Restrictions as there will be enough kept back to be used at all times for an Adamant of drawing them further on to our Desires And therefore to conclude I hold this Motion of Vnion of Laws very worthy and arising from veâ—y good Minds but not proper for this Time To come therefore to that which is now in Question It is no more but whither there should be a Difference made in this priviledge of Naturalization between the Ante-Nati and the Post-Nati Not in point of Law for that will otherwise be decided but onely in point of Convenience As if a Law were now to be made de novo In which Question I will at this time onely answer two Objections And use two Arguments and so leave it to your Judgement The first Objection hath been That if a Difference should be it ought to be in favour of the Ante-Nati Because they are Persons of Merit Service and Proof whereas the Post-Nati are Infants That as the Scripture saith know not the Right Hand from the Left This were good Reason Mr. Speaker if the Question were of Naturalizing some particular Persons by a private Bill But it hath no proportion with the generall Case For now we are not to look to respects that are proper to some but to those which are common to allâ— Now then how can it be imagined but that those that took their first Breath since this happy Vnion inherent in his Majesties Person must be more assured and affectionate to this Kingdome then those generally can be presumed to be which were sometimes Strangers For Nemo subitò fingitur The Conversions of Minds are not so swift as the Conversions of Times Nay in Effects of Grace which exceed far the Effects of Nature we see Saint Paul makes a difference between those he calls Neophites That is newly grafted into Christianity And those that are brought up in the Faith And so we see by the Lawes of the Church that the Children of Christians shall be Baptized in regard of the Faith of their Parents But the Child of an Eâ—hnick may not receive Baptism till he be able to make an understanding Profession of his Faith Another Objection hath been made That we ought to be more provident and reserved to restrain the Post-Nati then the Ante-Nati Because during his Majesties time being a Prince of so approved Wisdome and Iudgement we need no better Caution then the Confidence we may repose in Him But in the Futuâ—e Reigns of succeeding Ages our Caution must be in Re and not in Personâ But Mr. Speaker to this I answer That as we cannot expect a Prince hereafter less like to erre in respect of his Judgement so again we cannot expect a Prince so like to exceed if I may so term it in this point of Beneficence to that Nation in respect of the Occasion For whereas all Princes and all Men are won either by Merit or Conversation there is no Appearance that any of his Majesties Descendants can have either of these Causes of Bounty towards that Nation in so ample Degree as his Majesty hath And these be the two Objections which seemed to me most Materiall why the Post-Nati should be left free and not be concluded in the same Restrictions with the Ante-Nati whereunto you have heard the Answers The two Reasons which I will use on the other side are briefly these The one being a Reason of Common Sense The other a Reason of Estate We see Mr. Speaker the Time of the Nativity is in most Cases principally regarded In Nature the Time of planting and setting is chiefly observed And we see the Astrologers pretend to judge of the Fortune of the Party by the Time of the Nativity In Lawes we may not unfitly apply the Case of Legitimation to the Case of Naturalization For it is true that the Common Canon Law doth put the Ante-Natus and the Post-Natus in one Degree But when it was moved to the Parliament of England Barones unâ voce responderunt Nolumus Leges Angliae mutare And though it must be confessed that the Ante-Nati and Post-Nati are in the same Degree in Dignities yet were they never so in Abilities For no Man doubts but the Son of an Earl or Baron before his Creation or Call shall inherite the Dignity as well as the Son born after But the Son of an Attainted Person born before the Attainder shall not inherit as the After born shall notwithstanding Charter of Pardon
The Reason of Estate is That any Restriction of the Ante-Nati is Temporary And expireth with this Generation But if you you make it in the Post-Nati also you do but in substance pen a perpetuity of Separation Mr. Speaker in this point I have been short because I little expected this Doubt as to point of Convenience And therefore will not much labour where I suppose there is no greater Opposition A Report made by Sir Francis Bacon Knight in the House of Commons of a Speech delivered by the Earl of Salisbury And another Speech delivered by the Earl of Northampton at a Conference concerning the Petition of the Merchauts upon the Spanish griâ—vances Parliament 5o. Jacobi ANd it please you Mr. Speaker I do not find my self any wayes bound to report that which passed at the last conference touching the Spanish Grievances Having been neither employed to speak nor appointed to Report in that Cause But because it is put upon me by a silent Expectation grounded upon nothing that I know more then that I was observed diligently to take notes I am content if that Provision which I made for mine own Remembrance may serve this House for a Report not to deny you that Sheafe that I have in hast bound up It is true that one of his Majesties Principall Counsellours in Causes of Estate did use a Speach that contained a World of Matter But how I shall be able to make a Globe of that World therein I fear mine own strength His Lordship took the occasion of this which I shall now report upon the Answer which was by us made to the Amendments propounded upon the Bill of Hostile Lawes Quitting that Business with these few words That he would discharge our Expectation of Reply because their Lordships had no Warrant to Dispute Then continuing his Speach he fell into this other Cause and said That being now to make Answer to a proposition of ours as we had done to one of theirs he wished it could be passed over with like Brevity But he did foresee his way that it would prove not onely long but likewise hard to find and hard to keep This Cause being so to be carried as above all no wrong be done to the Kings Soveraignty and Authority And in second place no Misunderstanding do ensue between the two Houses And therefore that he hoped his words should receive a benign Interpretation Knowing well that pursuit and Drift of Speech and multitude of Matter might breed words to pass from him beyond the Compass of his Intention And therfore he placed more Assurance and Caution in the Innocency of his own meaning and in the Experience of his Favours then in any his Wariness or Watchfulness over his own Speech This respective preface used his Lordship descended to the Matter it self which he divided into three Considerations For he said he would consider of the Petition First as it proceeded from the Merchants Secondly as from them it was offered to the Lower House And thirdly as from the Lower House it was recommended to the Higher House In the First of these Conâ—iderations there fell out naturally a Subdivision into the Persons of the Petitioners And the Matter and Parts of the Petition In the Persons of the Merchants his Lordship made as I have collected them in number eight Observations whereof the three first respected the Generall Condition of Merchants And the five following were applyed to the particular Circumstances of the Merchants now complaining His Lordships first generall Observation was That Merchants were of two sorts The one sought their Fortunes as the verse saith per Saxa per Ignes And as it is said in the same place Extremos currit Mercator ad Indos Subjecting themselves to Wether and Tempest To Absence and as it were Exile out of their Native Countreys To Arrests in Entrances of War To Forrain Injustice and Rigour in times of Peace And many other Sufferances and Adventures But that there were others that took a more safe but a less generous Course in raising their Fortunes He taxed none but did attribute much more respect to the former The second Generall Observation which his Lordship made was That the Complaints of Merchants were usually â—ubject to much Errour In regard that they spake for the most part but upon Information And that carried through many Hands And of Matters done in Remote parts So as a false or factious Factour mought oftentimes make great Tragedies upon no great Ground Whereof towards the End of his Speech he brought an Instance of one trading the Levant That complained of an Arrest of his Ship And possessed the Counsell-Table with the same Complaint in a vehement and bitter fashion Desiring and pressing some present and Expostulatory Letters touching the same Whereupon some Counsellours well acquainted with the like Heates and Forwardness in Complaints happened to say to him Out of Conjecture and not out of any Intelligence What will you say if your Ship which you complain to be under Arrest be now under Sail in way homewards Which fell out accordingly The same Person confessing six dayes after to the Lords that she was indeed in her way homewards The third generall Observation which his Lordship made was this in Effect That although he granted that the Wealth and Welfare of the Merchant was not without a Sympathy with the generall Stock and State of a Nation especially an Island yet nevertheless it was a Thing too familiar with the Merchant to make the Case of his Particular Profit the publick Case of the Kingdom There follow the particular Observations which have a reference and application to the Merchants that trade to Spain and the Levant Wherein his Lordship did first honourably and tenderly acknowledge that their Grievances were great That they did multiply And that they do deserve compassion and help But yetâ— nevertheless that he must use that loving plainness to them as to tell them that in many things they were Authors of their own Miseries For since the Dissolving of the Company which was termed the Monopoly And was set free by the speciall Instance of this House There hath followed such a Confusion and Relaxation in Order and Government amongst them As they do not onely incur many Inconveniences And commit many Errours But in the pursuites of their own Remedies and suites they do it so impolitiquely and after such a Fashion As Except Legier Embassadours which are the Eyes of Kings in forrain Parts should leave their Centinell and become Merchants Factours and Sollicitours their Causes can hardly prosper And which is more such is now the Confusion in the Trade As Shop Keepers and Handy-Crafts-Men become Merchants there Who being bound to no Orders seek base means by Gifts and Bribery to procure favours at the Hands of Officers there So as the honest Merchant that trades like a substantiall Merchant And loves not to take Servile Courses to buy the Right due to him by the Amity oâ— the
the Exclusion of his Subjects from that Trade As a Prince that would not acknowledge that any such Right could grow to the Crown of Spain by the Donative of the Pope whose Authority he Disclaimeth Or by the Title of a dispersed and punctuall Occupation of certain Territories in the name of the rest But stood firm to reserve that point in full Question to further Times and occasions So as it is left by the Treaty in Suspence neither debarred nor permitted The Tenderness and Point of Honour whereof was such as they that went thither must run their own Perill Nay further his Lordship affirmed That if yet at this time his Majesty would descend to a Course of Entreaty for the release of the Arrests in those parts And so confess an Exclusion And quit the point of Honour his Majesty mought have them forthwith released And yet his Lordship added That the Offences and Scandalls of some had made this point worse then it was In regard that this very last Voyage to Virginia intended for Trade and Plantation Where the Spaniard hath no People nor Possession is already become inflamed for Pyracy Witness Bingley who first insinuating his purpose to be an Actour in that worthy Action of Enlarging Trade and Plantation is become a Pyrate And hath been so pursued as his Ship is taken in Ireland though his Person is not yet in hold For the Trade to the Levant His Lordship opened unto us that the Complaint consisted in effect but of two Particulars The one touching the Arrest of a Ship called the Triall in Sicely The other of a Ship called the Vineyard in Sardinia The First of which Arrests was upon pretence of Pyracy The Second upon pretence of carrying Ordnance and Powder to the Turk That Processe concerning the Triall hath been at the Merchants instance drawn to a Review in Spain which is a Favour of exceeding rare President Being directly against the Liberties Priviledges of Sicely That of the Vineyard notwithstanding it be of that nature as if it should be true tendeth to the great Dishonour of our Nation whereof Hold hath been already taken by the French Ambassadour residing at Constantinople Who entred into a Scandalous Expostulation with his Majesties Ambassadour there upon that and the like Transportations of Munition to the Turk yet neverthelesse there is an Answer given by Letters from the Kings Ambassadour Legier in Spain That there shall be some Course taken to give reasonable Contentment in that Cause as far as may be In both which Ships to speak truly the greatest Mass of loss may be included For the rest are mean in respect of the value of those two Vessels And thus much his Lordship Speech comprehended concerning the wrongs in Fact Concerning the Wrongs in Law That is to say the Rigour of the Spanish Lawes extended upon his Majesties Subjects that traffique thither his Lordship gave this Answer That they were no new Statutes or Edicts devised for our People or our Times But were the ancient Lawes of that Kingdome Suus cuique Mos. And therefore as Travellers must endure the Extremities of the Climate and Temper of the Air where they travell So Merchants must bear with the Extremities of the Lawes and Temper of the Estate where they trade Whereunto his Lordship added that our own Lawes here in England were not exempted from the like Complaints in Forrain Parts Especially in point of Marine Causes Depredations And that same swift Alteration of Property which is claimed by the Admiralty in case of Goods taken in Pyrates hands But that we were to understand thus much of the King of Spains Care and Regard of our Nation That he had written his Letters to all Corrigidors Officers of â—orts and other his Ministers Declaring his will and pleasure to have his Majesties Subjects used with all Freedome and Favour And with this Addition that they should have more Favour when it might be shewed then any other Which words howsoever the Effects prove are not suddainly to be requited with peremptory Resolutions till Time declare the direct Issue For the third Part of the Matter of the Petition which was the Remedy sought by Letters of Mart His Lordship seemed desirous to make us capable of the Inconvenience of that which was desired by setting before us two notable Exceptions thereunto The one that the Remedy was utterly incompetent and vain There other that it was dangerous and pernicious to our Merchants And in Consequence to the whole State For the weaknesse of the Remedy His Lordship wished us to enter into Consideration what the Remedy was which the Statute of Henry the fifth which was now sought to be put in Execution gave in this Case which was thus That the Party grieved should first complain to the Keeper of the private Seal And from him should take Letters unto the Party that had committed the Spoyl for Restitution And in default of Restitution to be made upon such Letters served Then to obtain of the Chanceller Letters of Mart or Reprisall which Circuit of Remedy promised nothing but endlesse and fruitless Delay In regard that the first Degree prescribed was never likely to be effected It being so wilde a Chace as to serve Processe upon the wrong-Doer in Forrain Parts Wherefore his Lordship said that it must be the Remedy of Statute that must do good in this case which useth to proceed by Certificats Attestations and other means of Information Not depending upon a privy Seal to be served upon the Party whom happily they must seek out in the West-Indies For the Danger of the Remedy His Lordship directed our Considerations to take notice of the proportions of the Merchants Goods in either Kingdome As that the Stock of Goods of the Spaniard which is within his Majesties Power and Distresse is a Trifle Whereas the Stock of English Goods in Spain is a Masse of mighty value So as if this Course of Letters of Mart should be taken to satisfie a few hot Pursuitours here All the Goods of the English Subjects in Spain shall be exposed to Seisure and Arrest And we have little or nothing in our Hands on this side to mend our selves upon And thus much Mr. Speaker is that which I have collected out of that excellent Speech concerning the First main part which was The Consideration of the Petition as it proceeded from the Merchant There followeth now the Second Part Considering the Petition as it was offered in this House Wherein his Lordship after an affectionate Commemoration of the Gravity Capacity and Duty which he generally found in the proceedings of this House desired us neverthelesse to consider with him how it was possible that the Entertaining of Petitions concerning private Injuries and of this Nature could avoid these three Inconveniencies The First of Injustice The Second of Derogation from his Majesties supreme and absolute Power of concluding Warre or Peace And the Third of some prejudice in reason of Estate For
not wel whether in that which he had already saidâ— out of an extreme Desire to give us satisfaction He had not communicated more particulars then perhaps was requisite Neverthelesse he confessedâ— that sometimes Parliaments have been made acquainted with Matter of Warr and Peace in a generallity But it was upon one of â—hese Two Motives When the King and Counsell conceived That either it was Materiall to have some Declaration of the zeal and Affection of the People Or else when the King needed to demand Moneys and Aides for the Charge of the Warrs Wherin if Things did sort to Warre we were sure enough to hear of it His Lordship hoping that his Majesty would find in us no lesse readiness to support it then to perswade it Now Mr. Speaker for the last part Wherein his Lordship considered the Petition As it was recommended from us to the upper House His Lordship delivered thus much from their Lorâ—ships That they would make a good Construction of our Desires As those which they conceived did rather spring out of a Feeling of the Kings Strength And out of a Feeling of the Subjects Wrongs Nay more out of a Wisdome and Depth to declare our forwardness if need were to assist his Majesties future Resolutions which Declaration might be of good use â—or his Majesties Service when it should be blown abroad Rather I say then that we did in any sort determine by this their Overture to do that wrong to his Highness Supreme Power Which happily might be inferred by those that were rather apt to make evill then good Illations of our proceeding And yet that their Lordships for the reasons before made most plainly tell us That they neither could nor would concur with us nor approve the course And therefore concluded That it would not be amiss for us for our better Contentment to behold the Conditions of the last Peace with Spain which were of a strange nature to him that duely observes them No Forces recalled out of the Low-Conntries No new Forces as to Voluntaries restrained to go thither So as the King may be in peace and never a Subject in England but may be in War And then to think thus with our selves That that King which would give no ground in making his Peace will not loose any Ground upon just pâ—ovocation to enter into an Honourable War And that in the meane time we should know thus much that there could not be more forcible Negotiation on the Kings part but Blowes to procure Remedy of those wrongs Nor more fair promises on the King of Spaines part to give contentment concerning the same And therefore that the Event must be expected And thus Mr. Speaker have I passed over the Speech of this worthy Lord whose Speeches as I have often said in regard of his place and Judgement are extraordinary Lights to this House And have both the properties of Light That is Conducting and Comforting And although Mr. Speaker a Man would have thought nothing had been left to be said Yet I shall now give you account of another Speech full of excellent Matter and Ornaments And without Iteration Which neverthelesse I shall report more compendiously Because I will not offer the Speech that wrong as to report it at large when your minds per-case and Attentions are already wearied The other Earl who usually doth bear a principall part upon all important Occasions used a Speech first of Preface then of Argument In his Preface he did deliver that he was perswaded that both Houses did differ rather in Credulity and Belief then in Intention and Desire For it mought be their Lorships did not believe the Information so far but yet desired the Reformation as much His Lordship said furtherâ— that the Merchant was a State and Degree of persons Not only to be respected but to be prayed for And graced them with the best Additions That they were the Convoyes of our supplies The Vents of our Abundance Neptunes Almesmen and Fortunes Adventurers His Lordship proceeded and said This Question was new to us but antient to them Assuring us that the King did not beare in vaine the Devise of the Thistle with the word Nemo me lasceâ—cit impunè And that as the Multiplying of his Kingdomes maketh him feel his own Power So the Multiplying of our Loves and Affections made him to feel our Griefs For the Arguments or Reasons they were Five in number which his Lordship used for satisfying us why their Lordships might not concur with usâ— in this Petition The first was the Composition of our House which he took in the first foundation thereof to be meerly Democraticall Consisting of Knights of Shires and Burgesses of Townes And intended to be of those that have their Residence Vocation and Employment in the places for which they serve And therefore to have a private and locall wisedom according to that Compasse And so not fit to examine or determine Secrets of Estateâ— which depend upon such Variety of Circumstances And therefore added to the President formerly vouched of the 17. of King Richard the 2d When the Commons disclaimed to intermeddle in matter of War and Peace That their Answer was that they would not presume to treat of so high and variable a Matter And although his Lordship acknowledged That there be divers Gentlemen in the Mixture of our House That are of good Capacity and Insight in Matters of Estate yet that was the Accident of the Person and not the Intentention of the place And Things were to be taken in the Institution not in the Practice His Lordships second Reason was That both by Philosophy and Civill Law Ordinatio Belli pacis est absoluti Imperij A principall Flower of the Crown Which Flowers ought to be so dear unto us as we ought if need were to water them with our Blood For if those Flowers should by neglect or upon facility and good affection wither and fall the Garland would not be worth the wearing His Lordships third Reason was That Kings did so love to imitate Trimum Mobile as that they do not like to move in borrowed Motions So that in those things that they do most willingly intend yet they indure not to be prevented by Request Whereof he did alledge a notable Example in King Edward the 3d. who would not hearken to the Petition of his Commons that besought him to make the Black Prince Prince of Wales But yet after that Repulse of their Petition out of his own meer Motion he created him His Lordships fourth Reason was That it mought be some scandall to step between the King and his own Vertue And that it was the Duty of Subjects Rather to take honours from Kings Servants and give them to Kings then to take honours from Kings and give them to their Servants Which he did very elegantly set forth in the Example of Ioab who lying at the Siege of Rabbah And finding it could not hold out writ to David to
the Table the Daily Bread for which we pray is turned to a deadly Snare But I think rather that that was meant of the Treachery of Friends that were participant of the same Table But let us go on It is an Offence my Lords that hath the two Spurs of Offending Spes Perficiendi and Spes Celandi It is easily committed and easily concealed It is an Offence that is Tanquam Sagitta nocte volans It is the Arrow that flies by Night It discerns not whom it hits For many times the Poyson is laid for one and the other takes it As in Sanders Case where the Poysoned Apple was laid for the Mother and was taken up by the Child and killed the Child And so in that notorious case whereupon the Statute of 22º H. 8 Cap. 9º was made where the Intent being to poyson but one or two Poyson was put into a little Veâ—sell of Barm that stood in the Kitchin of the Bishop of Rochesters House Of which Barm Pottage or Gruell was made wherewith 17 of the Bishops Family were Poysoned Nay Divers of the Poor that came to the Bishops Gate and had the broken Pottage in Alms were likewise Poysoned And therefore if any Man will comfort himself or think with himself Here is great Talk of Impoysonment I hope I am safe For I have no Enemies Nor I have nothing that any Body should long for why that is all one For he may sit at Table by one for whom Poyson is prepared and have a Drench of his Cup or of his Pottage And so as the Poet saith Concidit infelix alieno vulnere He may die another Mans Death And therefore it was most gravely and judiciously and properly provided by that Statute That Impoysonment should be High Treason Because whatsoever Offence tendeth to the utter Subversion and Dissolution of Human Society is in the nature of High Treason Lastly it is an Offence that I may truly say of it Non est nostri Generis nec Sanguinis It is Thanks be to God rare in the Isle of Brittanny It is neither of our Country nor of our Church you may find it in Rome or Italy There is a Region or perhaps a Religion for it And if it should come amongst us certainly it were better living in a Wildernesse than in a Court. For the particular Fact upon Overburyâ— First for the Person of Sir Thomas Overbury I knew the Gentleman It is true his Mind was great but it moved not in any good Order yet certainly it did commonly fly at good Things And the greatest Fault that I ever heard by him was that he made his Friend his Idoll But I leave him as Sir Thomas Overbury But then take hiâ— as he was the Kings Prisoner in the Tower And then see how the Case stands In that place the State is as it were Respondent to make good the Body of a Prisoner And if any thing happen to him there it may though not in this Case yet in some others make an Aspersion and a Reflexion upon the State it self For the Person is utterly out of his own Defence His own Care and Providence can serve him nothing He is in Custody and Preservation of Law And we have a Maxime in our Law as my Lords the Iudges know that when a State is in preservation of Law nothing can destroy it or hurt it And God forbid but the like should be for the Persons of those that are in Custody of Law And therefore this was a Circumstance of great Aggravation Lastly to have a Man chaced to Death in such manner as it appears now by Matter of Record For other Privacy of the Cause I know not By Poyson after Poyson first Roseaker then Arsenick then Mercury Sublimate then Sublimate again It is a Thing would astonish Mans Nature to hear it The Poets faign that the Furies had whips and that they were corded with Poysonous Snakes And a Man would think that this were the very Case To have a Man tied to a Poast and to scourge him to Death with Snakes For so may truly be termed Diversity of â—oysons Now I will come unto that which is the Principall That is his Majesties Princely yea and as I may truly term it Sacred proceeding in this Cause Wherein I will first Speak of the Temper of his Iustice and then of the Strength thereof First it pleased my Lord Chief Iustice to let me know That which I heard with great Comfort Which was the Charge â—hat his Majesty gave to Himself first And afterwards to the Commissioners in this Case worthy certainly to be written in Letters of Gold wherein his Majesty did fore-rank and make it his prime Direction that it should be carried without touch to any that was innocent Nay more not onely without Impeachment but without Aspersion which was a most Noble and Princely Caution from his Majesty For Mens Reputations are tender Things And ought to be like Christs Coat without Seam And it was the more to be respected in this Case because it met with two great Persons A Noble Man that his Majesty had favoured and advanced And his Lady being of a Great and Honourable House Though I think it be true that the Writers say that there is no Pomgranate so fair or so sound but may have a perished Kernell Nay I see plainly that in those excelâ—lent Papers of his Majesties own Hand writing Being as so many Beams of Iustice issuing from that Vertue which doth shine in him I say I see it was so evenly carried without prejudiceâ— whither it were a true Accusation of the one part or a Practise of a false Accusation on the other As shewed plainly that his Majesties Judgement was tanquam Tabula Rasa as a clean pair of Tables And his Ear tanquam Ianua aperta As a Gate not side open but wide open to Truth as it should be by little and little discovered Nay I see plainly that at the first till further Light did break forth his Majesty was little moved with the First Tale which he vouchsafeth not so much as the Name of a Tale But calleth it a Rumour which is an Headless Tale. As for the Strength or Resolution of his Majesties Iustice I must tell your Lordships plainly I do not marvell to see Kings thunder out Iustice in Cases of Treason when they are touched Themselves And that they are Vindices Doloris Proprij But that a King should pro Amore Iustitiae onely Contrary to the Tide of his own Affection for the preservation of his People take such Careâ— of a Cause of Iustice That is rare and worthy to be celebrated far and nearâ— For I think I may truly affirm that there was never in this Kingdome nor in any other Kingdome the Bloud of a private Gentleman vindicated Cum tanto Moâ—u Regni or to say better Cum tanto Plausu Regni If it had concerned the King or Prince there could not have been Greater nor
Providence wait for his Majesties Times Being a work resembling indeed the Workes of the ancient Heröes No new piece of that kind in Modern Times Thirdly this Kingdom now first in his Majesties Times hath gotten a Lot or Portion in the New World by the Plantation of Virginia and the Summer Islands And certainly it is with the Kingdomes on Earth as it is in the Kingdom of Heaven Sometimes a Grain of Mustardseed proves a great Tree Who can tell Fourthly his Majesty hath made that Truth which was before Titulary In that he hath verified the Stile of Deâ—ender of the Faith Wherein his Majesties Pen hath been so happy as though the Deaf Adder will not hear yet he is charmed that he doth not Hiss I mean in the graver sort of those that have answered hiâ— Majesties Writings Fiftly it is most certain that since the Conquest yee cannot assign Twenty years which is the Time that his Majesties Raign now drawes fast upon of Inward and Outward Peace Insomuch as the Time of Queen Eliz. of happy memory And alwaies magnified for a peaceable Raign was nevertheless interrupted the first Twenty years with a Rebellion in England And both first and last Twenty years with Rebellions in Ireland And yet I know that his Majesty will make good both his Words As well that of Nemo me lascesset impunè As that other of Beati pacifici Sixthly that true and primitive Office of Kings which is tâ— sit in the Gate and to judge the People was never performed in like perfection by any of the Kings Progenitors Whereby his Majesty hath shewed himself to be Lex loquens And to sit upon the Throne not as a dumb statua but as a Speaking Oracle Seventhly for his Majesties Mercy as you noted it well shew me a time wherein a King of this Realm hath Reigned almost 20. years as I said in his White Robes without the Blood of any Peer of this Kingdom The Axe turned once or twice towards a Peere but never strook Lastly The Flourishing of Arts and Sciencâ—s recreated by his Majesties Countenance and Bounty was never in that Heighth especially that Art of Arts Divinity For that we may truly to Gods great glory confess That since the Primitive times there were never so many Stars for so the Scripture calleth them in that Firmament These Things Mr. Speaker I have partly chosen out of your Heap and are so far from being vulgar as they are in effect singular and proper to his Majesty and his Times So that I have made good as I take it my first Assertion That the only worthy Commender of his Majesty is Time Which hath so set off his Majesties Merits by the Shadowes of Comparison as it passeth the Lustre or Commendation of Words How then shall I conclude Shall I say O Fortunatos nimium sua si Bona nôrint No For I see ye are happy in injoying them and happy again in knowing them But I will conclude this part with that Saying turned to the Right Hand Si gratum dixeriâ— omnia dixeris Your gratitude containes in a word all that I can say to you touching this Parliament Touching the Third Point of your Speech concerning Parliaments I shall need to say little For there was never that Honour done to the Institution of Parliament that his Majesty did it in his last Speech making it in effect the perfection of Monarchy For that although Monarchy was the more Ancient and be independant yet by the Advice and Assistance of Parliament it is the stronger and the surer built And therefore I shall say no more of this Point but as you Mr. Speaker did well note That when the King sits in Parliament and his Prelates Peeres and Commons attend him he is in the Exaltation of his Orb So I wish things may be so carried that he may be then in greatest Serenity and Benignity of Aspect shining upon his People both in Glory and Grace Now you know well that that the shining of the sun fair upon the ground whereby all things exhilarate and do fructifie is either hindered by Clouds above or Mists below perhaps by Brambles and Briars that grow upon the Ground it self All which I hope at this time will be dispelled and removed I come now to the last part of your Speech concerning the Petitions But before I deliver his Majesties Answer respectively in particular I am to speak unto you some few words in generall Wherein in effect I shall but glean His Majesty having so excellently and fully expressed himself For that that can be spoken pertinently must be either touching the Subject or Matter of Parliament Businesse Or of the Manner and Carriage of the same Or lastly of the Time and the Husbanding and Marshalling of Time For the Matters to be handled in Parliament they are either of Church State Lawes or Grievances For the First two concerning Church or Stateâ— ye have heard the King himself speak and as the Scripture saith Who is he that in such things shall come after the King For the other two I shall say somewhat but very shortly For Lawes they are Things proper for your own Element And therefore therein ye are rather to lead then to be led Only it is not amisse to put you in mind of two Things The one that you do not multiply or accumulate Lawes more then ye need There is a Wise and Learned Civilian that applies the Curse of the Prophet Pluet super eos Laqueos To Multiplicity of Lawes For they do but ensnare and entangle the People I wish rather that ye should either revive good Lawes that are fallen and discontinued Or provide against the slack execution of Lawes which are already in Force Or meet with the subtile Evasionâ— from Lawes which Time and Craft hath undermined then to make Novas Creaturas Legum Lawes upon a new Mould The other Point touching Lawes is That ye busie not your selves too much in private Bills except it be in Gases wherein the Help and Arm of ordinary Iustice is too short For Grievances his Majesty hath with great Grace and Benignity opened himself Neverthelesse the Limitations which may make up your Grievances not to beat the Air only but to sort to a desired effect areâ— principally two The one to use his Majesties term that ye do not Hunt after Grievances Such as may seem rather to be stirred here when ye are met then to have sprung from the desires of the Country Ye are to represent the People ye are not to personate them The other that ye do not heap up Grievances as if Numbersâ— should make a shew where the Weight is small Or as if all things amiss like Plato's Common wealth should be remedied at once It is certain that the best Governments yea and the best Men are like the best precious Stones wherein every Flaw or Isickle or Grain are seen and noted more then in those that are generally foul and corrupted
adde further that during this inward Peace of so many years in the Actions of War before mentioned which her Majesty either in her own Defence or in Iust and Honourable Aides hath undertaken The Service hath been such as hath carried no Note of a People whose Militia were degenerated through Long Peace But hath every way answered the ancient Reputation of the English Arms. The fourth Blessing is Plenty and Abundance And firstâ— for Grain and all Victualls there cannot be more evident Proof of the Plenty then this That whereas England was wont to be â—ed by oâ—her Countries from the East it sufficeth now to feed other Countries So as we do mâ—ny times transport and serve sundry Forrain Countries And yet there was never the like Multitude of People to eat iâ— within the Realm Another evident Proof thereâ—f may be that the good yields of Corn which have been together with some Tolleration of Vent hath of late time invited and enticed Men to break up more Ground and to convert it to Tillage then all the Penal Laws for that purpose made and enacted could ever by Compulsion effect A third Proof may be that the Prices of Grain and Victuall were never of late years more Reasonable Now for Arguments of the great wealth in all other Respects let the Points following be considered There was never the like Number of fair and Stately Hâ—uses as have been built and set up from the Ground since her Majesties Raign Insomuch that there have been reckoned in one Shire that is not great to the Number of 33 Which have been all new built within that time And whereof the Meanest was never built for two Thousand pounds There were never the like Pleasures of goodly Gardens and Orchards Walks Pooles and Parks as do adorn almost every Mansion House There was never the like Number of Beautifull and Costly Tombes and Monuments which are erected in sundry Churches in Honourable Memory of the Dead There was never the like Quantity of Plate Iewels Sumptuous Moveables and Stuff as is now within the Realm There was never the like Quantity of Wast and unprofitable Ground Inned Reclaimed and Improved There was never the like Husbanding of all Sorts of Groundâ— by Fencing Manuring and all kinds of good Husbandry The Towns were never better built nor peopled Nor the principall Faires and Markets never better customed nor frequented The Commodities and Ease of Rivers cut by hand and brought into a new Channell Of Peeres that have been built Of Waters that have been forced and brought against the Ground were never so many There was never so many excellent Artificers nor so many new Handy-Crafts used and exercised Nor new Commodities made witâ—in the Realm Sugar Paper Glasse Copper divers Silks and the like There was never such Compleat and Honourable Provision of Horse Armour Weapons Ordnance of the Warr. The Fifth Blessing hath been the great Population and Multitude of Families encreased within her Majesties dayes For which Point I refer my Self to the Proclamations of Restraint of Building in London The Inhibition of Inmates of sundry Citties The Restraint of Cottages by Act of Parliament And sundry other Tokens of Record of the Surcharge of People Besides these parts of a Government blessed from God wherein the Condition of the People hath been more happy in her Majesties Times then in the Times of her Progenitours There are certain Singularities and Particulars of her Majesties Raign whereiâ— I do not say that we have enjoyed them in a more ample Degree and Proportion then in former Ages As it hath fallen out in the Points before mentioned But such as were in Effect unknown and untasted heretofore As first the Purity of Religion which is a Benefit Inestimable And was in the time of all former Princes untill the dayes of her Majesties Father of Famous Memory unheard of Out of which Purity of Religion have since ensued beside the principall Effect of the true Knowledge and Worship of God three Points of great Consequence unto the Civill Estate One the stay of a mighty Treasure within the Realm which in foretimes was drawn sorth to Rome Another the Dispersingâ— and Distributionâ— of those Revenues Amounting to a Third part of the Land of the Realm And that of the goodliest and the richest sort which heretofore was unproâ—itably spent in Monasteries Into such Hands as by whom the Realm receiveth at this day Service and Strength And many Great Houses have been set up and augmented The Third the Mannaging and Enfrâ—nchising of the Regall Dignity from the Recognition of a Forraign Superior All which Points though begun by her Father and continued by her Brother were yet neverthelesse â—fter an Eclipse or Inteâ—mission Restored and Reestablished by her Majesties Self Secondly the Fineness of Money For as the Purging away of the Drosse of Religion the Heavenly Treasure was common to her Majesty with her Father and her Brother So the Purging of the Baâ—e Monâ—y the â—arthly Treasure hath been altogether proper to her Majesties own Times Whereby our Moneys bearing the Naturall Estimation of the Stamp or Mark both every Man resteth assured of his own vallew and free from the losses and Deceits which fall out in other places upon the Rising and Falling of Moneys Thirdly the Might of the Navy and Augmentation of the Shipping of the Realm which by politique Constitutions for Maintenance of â—ishing And the Encouragement and Assistance given to the undertakers of New Discoveries and Trades by Sea is so advanced as this Island is become as the Naturall Scite thereof deserveth the Lady of the Sea Now to passe from the Comparison of Time to the Comparison of place We may find in the States abroad Cause of Pitty and Compassion in some But of Envy or Emulation in none Our Condition being by the good Favour of God not Inferiour to anâ— The Kingdome of France which by reason of the Seat of the Empire of the West was wont to have the precedence of the Kingdomes of Europe is now fallen into those Calamities that as the Prophet saith From the Crown of the Head to the Soal of the Foot there is no whole place The Divisions are so many and so intricate of Protestants and Catholicks Royalists and Leaguers Burbonists and Lorainists Patriots and Spanish As it seemeth God hath some great Work to bring to passe upon that Nation yea the Nobility divided from the Third Estate And the Towns from the Field All which Miseries truly to speak have been wrought by Spain and the Spanish Faction The Low-Countries which were within the Age of a young Man the Richest the best Peopled and the best Built Plots of Europe are in such Estate as a Countrey is like to be in that hath been the Seat of thirty years War And although the Sea-Provinces be rather encreased in Wealth and Shipping then otherwise yet they cannot but mourn for their Distraction from
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
And that the Deans and Chapters were Councells about the Sees and Chairs of Bishops at the first And were unto them a Presbytery or Consistory And intermedled not onely in the Disposing of their Revenues and Endowments but much more in Iurisdiction Ecclesiasticall But it is probable that the Deans and Chapters stuck close to the Bishops in Matters of Profit and the World and would not loose their Hold But in Matters of Jurisdiction which they accounted but Trouble and Attendance they suffered the Bishops to encroach and usurp And so the one continueth and the other is lost And we see that the Bishop of Rome Fas enim ab Hoste doceri And no question in that Church the first Instituâ—ions were excellent performeth all Ecclesiasticall Iurisdiction as in Consistory And whereof consisteth tâ—is Consisâ—ory but of the Parish Priests of Rome which term themselves Cardinals à Cardinibus Mundi Because the Bishop pretendeth to be universall over the whole World And hereof again we see many shadowes yet remaining As that the Dean and Chapter pro formâ chooseth the Bishop which is the Highest Point of Iurisdiction And that the Bishop when he giveth Orders if there be any Ministers casually present calleth them to joyn with him in Imposition of Hands and some other Particulars And therefore it seemeth to me a Thing Reasonable and Religious and according to the first Institution that Bishops in the greatest Causes and those which require a Spirituall Discerning Namely in Ordaining Suspending or Depriving Ministers In Excommunication being restored to the true an proper Use As shall be afterwards touched In sentencing the Validity of Marriages and Legitimations In Iudging Causes Criminous as Symony Incest Blasphemy and the like Should not proceed sole and unassisted Which Point as I understand it is a Reformation that may be planted sine Strepiâ—u without any Perturbation at all And is a Matter which will give strength to the Bishops Countenance to the inferior Degrees of Pelates or Ministers And the better Issue or proceeding to those Causes thaâ— shall pâ—sâ—e And as I wish this strength given to the Bishops by Councell so it is not unworthy your Majesties Consideration whether you sâ—all not think fit to give strength to the generall Councell of your Clergy the Convocation House which was then restrained when the State of the Clergy was thought a Suspected Part to the Kingdome in Regard of their late Homage to the Bishop of Rome Which State now will give place to none in their Loyalty and Devotion to your Majesty For the Second Point which is the Deputation of their Authority I see no perfect and sure Ground for that neither Being somewhat different fâ—om the Examples and Rules of Government The Bishop exerciseth his Iurisdiction by his Chanceller and Commissary Officiall c. We see in all Lawes in the world Offices oâ— Confidence and skill cannot be put over nor exercised by Deputyâ— Except it be especially contained in the Originall Graunt And in that case it is dutifull And for Experience there was never any Chanceller of England made a Deputy There was never any Iudge in any Court made a Deputy The Bishop is a Iudge and of a high Nature whence commeth it that he should deputeâ— Considering that all Trust and Confidence as was said is personall and Inherent And cannot nor ought not be transposed Surely in this again Ab Initio non fuit sic But it is probable that Bishops when they gave themselves too much to the Glory of the World and became Grandees in Kingdomes and great Councellers to Princes then did they deleague their proper Iurisdictions as Things of too inferiour a Nature for their Greatnesse And then after the Similitude and Imitation of Kings and Counts Palatine they would have their Chancellers and Iudges But that Example of Kings and Potentates giveth no good Defence For the Reasons why Kings administer by their Iudges although themselves are Supream Iudges are two The one because the Offices of Kings are for the most part of Inheritance And it is a Rule in all Lawes that Offices of Inheritance are rather Matters that Ground in Interest then in Confidence For as much as they may fall upon Women upon Infants upon Lunaticks and Ideots persons incapable to Execute Iudicature in Person And therefore such Offices by all Lawes might ever be exercised and administred by Delegation The Second Reason is because of the Amplitude of their Jurisdictions Which is a great as either their Birth-right from their Ancestours or their Sword-right from God maketh it And therefore if Moses that was Governer over no great People and those collected together in a Camp And not scattred in Provinces and Cities Himself of an extraordinary Spirit Was neverthelesse not able to suffice and hold out in person to judge the People But did by the advise of Iethro approved from God substitute Elders and Iudges how much more other Kings and Princess There is a Third Reason likewise though not much to the present purpose And that is That Kings either in respect of the Common-wealth or of the Greatnesse of their own Patrimonies are usually Parties in Suites And then their Iudges stand indifferent between Them and the Subject But in the Case of Bishops none of these Reasons hold For first their Office is Elective and for Life and not Patrimoniall or Hereditary An Office meerly of Confidence Science and Qualification And for the Second Reason it is true that their Iurisdiction is Ample and Spacious And that their Time is to be divided between the Labours As well in the Word and Doctrine as in Government and Iurisdiction But yet I do not see supposing the Bishops Courts to be used incorruptly and without any indirect course held to multiply Causes for gain of Fees But that the Bishop might very well for Causes of Moment supply his Iudiciall Function in his own Person For we see before our Eyes that one Chanceller of England dispatcheth the Suites in Equity of the whole Kingdome which is not so much by reason of the Excellency of that Rare Honourable Person which now holdeth the place But it was ever so though more or lesse burdenous to the Suiter as the Chanceller was more or lesse able to give dispatch And if Hold be taken of that which was said before that the Bishops Labour in the Word must take up a principall Part of his Time so I may say again that Matters of State have ever taken up most of the Chancellers Time Having been for the most part Persons upon whom the Kings of this Realm have most relyed for Matters of Councell And therefore there is no Doubt but the Bishop whose Circuit is lesse ample and the Causes in Nature not so multiplying with the Help of References and Certificates to and from fit Persons for the better Ripening of Causes in their mean proceedings And such ordinary Helps incident to Iurisdiction May very well suffice his Office But yet there
the Poets feigned that Orpheus by the vertue and sweetnesse of his Harp did call and assemble the Beasts and Birds of their Nature wild and savage to stand about him as in a Theater Forgetting their Affections of Fierceceness of Lust and of Prey and listening to the Tunes and Harmonies of the Harp and soon after called likewise the Stones and the Woods to remove and stand in order about him which Fable was anciently interpreted of the Reducing and Plantation of Kingdoms when People of Barbarous Manners are brought to give over and discontinue their Customs of Revenge and Blood and of dissolute Life and of Theft and of Rapine And to give Ear to the wisdome of Lawes and Governments whereupon immediately followeth the Calling of Stones for Building and Habitation and of Trees for the seats of Houses Orchards and Enclosures and the like This Work therefore of all other most Memorable and Honourable your Majesty hath now in Hand specially if your Majesty joyn the Harp of David in casting out the Evill Spirit of Superstition with the Harp of Orpheus in casting out Desolation and Barbarisme The second Consequence of this Enterprise is the Avoiding of an Inconvenience which commonly attendeth upon Happy Times and is an evill effect of a good Cause The Revolution of this present Age seemeth to encline to Peace almost generally in these Parts And your Majesties most Christian and vertuous affections do promise the same more specially to these your Kingdomes An effect of Peace in Fruitfull Kingdoms where the stock of People receiving no Consumption nor Diminution by warre doth continually multiply and encrease must in the end be a Surcharge or Overflow of People more then the Territories can well maintain Which many times insinuating a generall Necessity and want of Means into all estates Doth turn Externall Peace into Internall Troubles and Seditions Now what an excellent Diversion of this Inconvenience is ministred by Gods Providence to your Majesty in this Plantation of Ireland wherein so many Families may receive Sustentations and Fortunes And the Discharge of them also out of England and Scotland may prevent many Seeds of Future perturbations So that it is as if a Man were troubled for the Avoidance of water from the place where he hath built his House And afterwards should advise with himself to cast those waters and to turn them into Fair Pools or Streams for pleasure provision or use So shall your Majesty in this Work have a double Commodity In the Avoidance of People here and in Making use of them there The third Consequence is the great Safety that is like to grow to your Majesties Estate in generall by this Act In discomfiting all Hostile Attempts of Forreiners which the Weaknesse of that Kingdome hath heretofore invited Wherein I shall not need to fetch Reasons afar off either for the generall or particular For the generall because nothing is more evident then that which one of the Romans said of Peloponnesus Testudo intra tegumen tuta est The Tortoise is safe within her shell But if she put forth any part of her Body then it endangereth not onely the part that is so put forth but all the Rest. And so we see in Armour if any part be left naked it puts in hazard the whole Person And in the Naturall Body of Man if there be any weak or Affected part it is enough to draw Rheums or Maligne Humours unto it to the Interruption of the Health of the whole Body And for the Particular the Example is too Fresh that the indisposition of that Kingdome hath been a contiâ—â—al Attractive of Troubles and Infestations upon this Estate and though your Majesties Greatnesse doth in some sort discharge this Fear yet with your encrease of Power it cannot be but Envy is likewise encreased The fourth and last Consequence is the great Profit and Strength which is like to redound to your Crown by the working upon this unpolished Part thereof Whereof your Majesty being in the strength of your years are like by the good pleasure of Almighty God to receive more then the First Fruits And your Posterity a growing and Springing Veine of Riches and Power For this Island being another Britain As Britain was said to be another World Is endowed with so many Dowries of Nature considering the Fruitfullnesse of the Soil the Ports the Rivers the Fishings the Quarries the Woods and other Materialls And specially the Race and Generation of Men valiant hard and activeâ— As it is not easie no not upon the Continent to find such Confluence of Commodities if the Hand of Man did joyn with the Hand of Nature So then for the Excelâ—lency of the work in point of Honour Policy Safety and Vtility here I cease For the Means to effect this Work I know your Majesty shall not want the Information of Persons expert and industrious which have served you there and know the Region Nor the Advise of a Grave and Prudent Counsell here which know the Pulses of the Hearts of People and the wayes and Passages of conducting great Actions Besides that which is abâ—ve all which is that Fountain of Wisdome and Universality which is in your self yet notwithstanding in a thing of so publick a Nature it is not amisse for your Majesty to hear variety of Opinion For as Demosthenes saith well The good Fortune of a Prince or State doth sometimes put a good Motion into a Fools Mouth I do think therefore the Means of accomplishing this Work consisteth of two principall Parts The first the Invitation and Encouragement of Vndertakers The second the Order and Policy of the Project it self For as in all Engines of the Hand there is somewhat that giveth the Motion and Force and the rest serveth to guide and govern the same So it is in these Enterprises or Engines of Estate As for the former of these there is no doubt but next unto the Providence and â—inger of God which writeth these Vertuous and Excellent Desires in the Tables of your Majesties Heart your Authority and Affection is Primus Motor in this Cause And therefore the more strongly and fully your Majesty shall declaâ—e your self in it the more shall you quicken and animate the whole proceeding For this is is an Action which as the worthinesse of it doth bear it so the Nature of it requireth it to be carried in some Heighth of Reputation And fit in mine Opinion for Pulpits and Parliaments and all places to ring and resound of it For that which may seem Vanity in some Things I mean Matter of Fame is of great efficacy in this Case But now let me descend to the inferiour Sphears and speak what Cooperation in the Subjects or undertakers may be raiâ—sed and kindled and by what Means Therefore to take plain Grounds which are the surest All Men are drawn into Actions by three Things Pleasure Honour and Profit But before I pursue the three Motives it is fit in this place to
either in our Law or other Lawes that satisfieth me The naked Rule or Maxime doth not the Effect It must be made usefull by good Differences Ampliations and Limitations warranted by good Authorities And this not by Raising up of Quotations and References but by Discourse and Deducement in a Iust Tractate In this I have travelled my â—elf at the first more cursorily since with more Diligence And will go on with it if God and your Majesty will give me leave And I do assure your Majesty I am in good hope that when Sir Edward Cookes Reports and my Rules and Decisions shall come to Posterity there will be whatsoever is now thought Question who was the greater Lawyer For the Bookes of the Termes of the Law There is a poore oneâ— But I wish a Diligent one wherein should be comprised not onely the Exposition of the Termes of Law but of the Words of all auncient Records and Presidents For the Abridgements I could wish if it were possible that none mought use them but such as had read the Course First that they mought serve for Repertories to Learned Lawyers and not to make a Lawyer in hast But since that cannot be I wish there were a good Abridgement composed of the Two that are exstant and in better order So much for the Common Law Statute Law FOR the Reforming and Recompiling of the Statute Law It consisteth of Foure parts 1. The First to discharge the Bookes of those Statutes where as the Case by Alteration of time is vanished As Lombardâ— Iewes Gauls halfe Pence c. Those may neverthelesse remaine in the Libraries for Antiquities but no Reprinting of them The like of Statutes long since expired and clearly repealed For if the Repeale be doubtfull it must be so propounded to the Parliament 2. The next is to repeale all Statutes which are Sleeping and not of use but yet snaring and in Force In some of those it will perhaps be requisite to substitute some more Reasonable Law instead of them agreeable to the time In others a simple Repeale may suffice 3. The Third that the Grievousnesse of the Penalty in many Statutes be mitigated though the Ordinance stand 4. The last is the Reducing of Concurrent Statutes heaped one upon another to one clear and uniform Law Towards thiâ— there hath been already upon my motion and your Majesties Direction a great deal of good paines taken My Lord Hoâ—ert My Self Sergant Finch Mr. Hennage Finch Mr. Noye Mr. Hackwell and others Whose Labours being of a great bulk it is not fit now to trouble your Majesty with any further particularity therein Onely by this you may perceive the Worke is already advanced But because this part of the Worke which concerneth the Statute Lawes must of necessity come to Parliament And the Houses will best like that which themselves guide And the Persons that themselves imploy The way were to Imitate the president of the Commissioners for the Canon Lawes in 27. Hen. 8. and 4. Edw. 6. And the Commissioners for the Vnion of the two Realmes Primo of your Majesty And so to have the Commissioners named by both Houses but not with a precedent power to Conclude But only to prepare and propound to Paâ—liament This is the best way I conceive to accomplish this Excellent Worke of Honour to your Majesties Times and of Good to all Times Which I submit to your Majesties better Judgement A FRAGMENT OF AN ESSAY OF FAME THe Poets make Fame a Monster They describe her in Part finely and elegantly and in part gravely and sententiously They say look how many Feathers she hath so many Eyes she hath underneath So many Tongues So many Voyces She pricks up so many Ears This is a flourish There follow excellent Parables As that she gathereth strength in going That she goeth upon the ground and yet hideth her head in the Clouds That in the day time she sitteth in a Watch Tower and flyeth most by night That she mingleth Things done with things not done And that she is a Terrour to great Citties But that which passeth all the rest is They do recount that the Earth Mother of the Gyants that made War against Iupiter and were by him destroyed thereupon in an anger brought forth Fame For certain it is That Rebels figured by the Gyants and Seditious Fames and Libels are but Brothers and Sisters Masculine and Feminine But now if a Man can tame this Monster and bring her to feed at the hand and govern her and with her fly other ravening Fowle and kill themâ— it is somewhat worth But we are infected with the stile of the Poets To speak now in a sad and serious manner There is not in all the Politiques a Place lesse handled and more worthy to be handled then this of Fame We will therefore speak of these points What are false Fames And what are true Fames And how they may be best discerned How Fames may be sown and raised How they may be spread and multiplyed And how they may be checked and layed dead And other Things concâ—rning the Nature of â—ame Fame is of that force as there is scarcely any great Action wherein it hath not a great part Especiâ—lly in the War Mucianus undid Vitellius by a Fame that he scattered That Vitellius had in purpose to remove the Legions of Syria into Germany And the Legions of Germany into Syria whereupon the Legions of Syria were infinitely inflamed Iulius Câ—sar took â—ompey unprovided and layed asleep his industry and preparations by a Fame that he cunningly gave out How Caesars own Souldiers loved him not And being wearied with the Waâ—s and Laden with the spoyles of Gaul would forsake him as soon as he came into Italy Livia setled all thingsâ— for the Succession of her Son Tiberius by continuall giving out that her husband Augustus was upon Recovery and amendmeâ—t And it is an usuall thing with the Basshawes to conceale the Deaâ—h of the great Turk from the Iannizaries and men of War to save the Sacking of Constantinople and other Towns as their Manner iâ— Themistocles made Zerxes King of Persia poasr a pace out of â—râ—cia by giving out that the Graecians had a purpose to break his Bridge of Ships which he had made athwart Hellespont There be a thousand such like Examples And the more they are the lesse they need to be repeated Because a Man meeteth with them every where Therefore let all Wise Governers have as great a watch and care over Fames as they have of the Actions and Designes themselves The rest was not Finished Faults Escaped in the Printing PAg. 16. linea 4. â—or Gulcis lege Dulcis Pag. 3â— lin 34. mâ—st lege most p. 37. l. 30â— fit l. fiat p 54. l. 18. vel l. Duel p. 55. l. ult Thnnaus l. Thuanus p. 118. l. 10. deen l. been Eadem l. 23. Ordinary l. more then Ordinary p. 132. l 34. peasure l. pleasure p. 137. l. 38. ferraine l. forraine
Thus having performed that which Duty binds me to I commend you to Gods best preservation Your most devoted and bounden Servant A Letter from the Kings Atturney General to the Master of the Horse upon the sending of his Bill for Viscount August 5. 1616. SIR I send you the Bill â—or his Majestiâ—s Signature reformed according to his Majesties Amendments both in the two places which I assure you were both altered with great Judgement And in the Third place which his Majesty termed a Question onely But he is an idle Body that thinks his Majesty asks an idle Question And therefore his Majesties Questions are to be answered by Taking away the Cause of the Question and not by Replying For the Name his Majesties Will is a Law in those things And to speak Truth it is a well-sounding and Noble Name both here and abroad And being your proper Name I will take it for a good Sign that you shall give Honour to your Dignity and not your Dignity to you Therefore I have made it Viscount Villiers And for your Baronry I will keep it for an Earldom For though the other had been more orderly yet that is as usual and both alike good in Law For Ropers place I would have it by all means dispatched And therefore I marvail it lingreth It were no good manners to take the Business out of my Lord Treasurers hands And therefore I purpose to write to his Lordship if I hear not from him first by Mr. Deckom But if I hear of any Delay you will give me leave especially since the King named me to deal with Sir Iohn Roper my Self For neither I nor my Lord Treasurer can deserve any great thanks of you in this Business considering the King hath spoken to Sir Iohn Roper and he hath promised And besides the thing it self is so reasonable as it ought to be as soon done as said I am now gotten into the Countrey to my House where I have some little Liberty to think of that I would think of and not of that which other Men Hourly break my Head withall as it was at London Upon this you may conclude that most of my Thoughts are of his Majesty And then you cannot be farr off God ever keep you and prosper you I rest alwayes Your true and most devoted Servant A Letter to Sir George Villiers upon the Sending his Patent of Viscount Villiers to be Signed August 12. 1616. SIR I have sent you now your Patent of Creation of Lord Blechley of Blechly and of Viscount Villiers Blechley is your own And I liked the sound of the Name better than Whaddon But the Name will be hid for you will be called Viscount Villiers I have put them both in a Patent after the manner of the Patent of Arms where Baronries are joyned But the chief Reason was because I would avoid double Prefaces which had not been fit Nevertheless Ceremony of Roabing and otherwise must be double And now because I am in the Country I will send you some of my Country Fruits which with me are good Meditations which when I am in the Citty are choaked with Business After that the King shall have watred your new Dignities with his Bounty of the Lands which he intends you And that some other things concerning your means which are now likewise in Intention shall be setled upon you I doe not see but you may think your private Fortunes established And therefore it is now time that you should refer your Actions chiefly to the Good of your Soveraign and your Country It is the life of an Oxe or a Beast alwaies to eat and never to exercise But Men are born especially Christian Men not to cramm in their Fortunes but to exercise their Vertues And yet the other have been the unworthy and â—ometimes the unlucky humour of great Persons in our Times Neither will your further Fortune be the further off For assure your self that Fortune is of a womans Nature that will sooner follow you by slighting than by too much Wooing And in this Dedication of your Self to the Publick I recommend unto you principally that which I think was never done since I was born And which not done hath bred almost a Wilderness and Solitude in the Kings Service which is that you countenance and encourage and advance able and vertuous Men in all Kindes Degrees and Professions For in the time of some late great Counsellours when they bare the Sway able Men were by design and of purpose suppressed And though now since Choice goeth better both in Church and Commonwealâ—h yet Money and Turn-Serving and Cunning Canvises and Importunity prevail too much And in places of Moment rather make Able and Honest Men yours than advance those that are otherwise because they are yours As for Cunning and Corrupt Men you must I know sometimes use them but keep them at a distance And let it appear that you make use of them rather than that they lead you Above all depend wholly next to God upon the King And be ruled as hitherto you have been by his Instructions For that 's best for your Self For the Kings Care and Thoughts concerning you are according to the Thoughts of a great King whereas your Thoughts coâ—cerning your Self are and ought to be according to the Thoughts of a Modest Man But let me not weary you The Summe is that you think Goodness the best part of Greatness And that you remember whence your Rising comes and make return accordingly God ever keep you A Letter to the King touching Sir George Villiers Patent for Baron of Blechley and Viscount Villiers August 12. 1616. It may please your most excellent Majesty I Have sent Sir George Villiers Patent drawn again containing also a Baronry The Name Blechley which is his own And to my Thinking soundeth better than Whaddon I have included both in one Patent to avoid a double Preface and as hath been used in the Patents of Earls of like nature Nevertheless the Ceremony of Roabing and otherwise is to be double as is also used in like case of Earls It resteth that I express unto your Majesty my great Joy in your Honouring and Advancing this Gentleman whom to describe not with Colours but with true Lines I may say this Your Majesty certainly hath found out and chosen a safe Nature a capable Man and honest Will Generous and Noble Affections and a Courage well lodged And one that I know loveth your Majesty unfeignedly And admireth you as much as is in a Man to admire his Sâ—veraign upon Earth Onely your Majesties School wherein he hath already so well profited as in this Entrance upon the Stage being the Time of greatest Danger he hath not committed any manifest Errour will add Perfection to your Majesties comfort and the great Contentment of your People God ever preserve and prosper your Majesty I rest in all Humbleness Your Majesties most bounden and most devoted Subject and Servant A Letter
Government he alwaies either wound up the Pinns too high and strained the strings too far or let them down too low and slackened the strings too much Here we see the Difference between Regular and Able Princes And Irregular and Incapable Nerva and Nero. The one tempers and mingles the Soveraignty with the Liberty of the Subject wisely And the other doth interchange it and vary it unequally and absurdly Since therefore we have a Prince of so excellent Wisdom and Moderation Of whose Authority we ought to be tender as he is likewise of our Liberty Let us enter into a true and indifferent considâ—ration how far forth the Case in Question may touch his Authority and how far forth our Liberty And to speak cleerly In my Opinion it concerns his Authority much And our Liberty nothing at all The Questions are Two The one whither our Speaker be exempted from Delivery of a Message from the King without our Licence The other whither it is not all one whither he received it from the Body of the Counsell as if he received it immediatly from the King And I will speak of the last First because it is the Circumstance of the present Case First I say let us see how it concerns the King and then how it concerns Us For the King certainly if it be observed it cannot be denyed but if you may not receive his pleasure by his Repreâ—entative Body which is his Counsel of his Estate you both streighten his Majesty in point of Conveniency And weaken the Reputation of his Counsell All Kings though they be Gods on Earth yet as he said they are Gods of Earth They may be of Extreme Age they may be indisposed in Health They may be absent In these Cases if their Councells may not supply their Persons to what infinite Accidents do you expose them Nâ—y more sometimes in Pollicy Kings will not be seen but cover themselves with their Councell And if this be taken from them a great part of their safâ—ty is taken away For the other point of weakning the Councel you know they are nothing without the King They are no Body Politique They have no Commission under Seal So as if you begin to distinguish and disjoyn them from the King they are Corpus Opacum For they have Lumen de Lumine And so by distinguishing you extinguish the principle Engine of the Estate For it is truly affirmed That Cousilium non habet po estatem delegaâ—am sed in haerentem And iâ— is but Rex in Cathedrâ The King in his Chair or Consistory where his Will and Decrees which are in privacy more changeable are setled and fixed Now for that which concerns our selves First for Dignity no man must think this a Disparagement for us For the greatest Kings in Europe By their Embassadours receive Answers and Directions from the Councell in the Kings absence And if that Negotiation be fit for the Fraternity and Party of Kingâ— It may much lesse be excepted to by Subjects For Use or Benefit no Man can be so Raw and Unacquainted in the Affaires of the Worldâ— as to conceive there should be any Disadvantage in it As if such Answâ—rs were lesse Firm and Certain For it cannot be supposed that Men of so great Cauâ—â—â—n as Counsellours of Estate commonly are whether you take Caution for Wisedom or Providence Or for Pledges of Estate or Fortune Will ever erre or adventure so far as to exceed their Warrant And therefore I conclude that in this point there can be unto us neither Disgrace nor Disadvantage For the Point of the Speaker First on the Kings Part it may have a shrewd Illation For it hath a shew as if there could be a stronger Duty then the Duty of a Subject to a King We see the Degrees and Differences of Duties in Families between Father and Son Master and Servant In Corporate Bodies between Communalties and their Officers Recorders Stewards and the like yet all these give place to the Kings commandements The Bonds are more speciall but not so Forcible On our Part it concerns us nothing For first it is but de Canali of the Pipe How the Kings Message shall be conveyed to us and not of the Matter Neither hath the Speaker any such Dominion As that comming out of his mouth it presseth us more then out of a Privy Councellours Nay it seems to be a great Trust of the Kings towards the House When the King doubâ—eth not to put his Message into their Mouth As if he should speak to the Citty by the Recorder Therefore me thinks we should not entertain this unnecessary Doubt It is one use of wit to make clear Things Doubtfull But it is a much better use of wit to make Doubtfull Things clear And to that I would Men would bend themselves A brief Speech in the End of the Session of Parliament 7o. Jac. Perswading some Supply to be given to his Majesty which seemed then to stand upon doubtfull terms And passed upon this Speech THe proportion of the Kings Supply is not now in question For when that shall be it may be I shall be of Opinion that we should give so now as we may the better give again But as Things stand for the present I think the point of Honour and Reputation is that which his Majesty standeth most upon That our Gift may at least be like those showers that may serve to lay the Winds Though they do not sufficiently Water the â—arth To labour to perswade you I will not For I know not into what Form to cast my Speech If I should enter into a Laudative though never so due and just of the Kings great Merits it may be taken for Flattery If I should speak of the strait Obligations which intercede between the King and the Subject in case of the Kings want it were a kind of concluding the House If I should speak of the dangerous Consequence which Want may reverberate upon Subjects it might have a shew of a secret Menace These Arguments are I hope needless And do better in your Minds then in my Mouth But this give me leave to say That whereas the Example of Cyrus was used Who sought his Supply from those upon whom he had bestowed his Benefits We must always remember That there are as well Benefits of the Scâ—pter as Benefits of the Hand As well of Government as of Liberality These I am sure we will acknowledge to have come plenâ manu amongst us All And all those whom we represent And therefore it is every Mans Head in this Case that must be his Counsellor And every Mans Heart his Orator And those inward Powers are more forcible then any Mans Speech I leave it and wish it may go to the Question A Speech delivered by the Kings Atturney Sir Francis Bacon in the Lower House When the House was in great heat and much troubled about the undertakers which were thought to be some able and forward Gentlemen
do acknowledge my Soveraign Liege Lord King James to be lawfull and undoubted King of all the Kingdomes of England Scotland and Ireland And I will bear true faith and Allegeance to his Highness during my life NOw my Lords upon these words I charge William Talbot to have committed a great Offence And such an one as if he had entred into a voluntary and malicious Publication of the like writing It would have been too great an Offence for the Capacity of this Court But because it grew from a Question askt by a Councell of â—state And so rather seemeth in a favourable Construction to proceed from a kind of Submission to answer then from any malicious or insolent Will it was fit according to the Clemency of these Times to proceed in this maner before your Lordships And yet let the Hearers take these things right For certainly if a Man be required by the Lords oâ— the Councell to deliver his Opinion whether King Iames be King or no And He deliver his Opinion that He is not This is High Treason But I do not say that these words amount to thatâ— And therefore let me open them truly to your Lordships And thereiâ— open also it may be the Eyes of the Offender Himself how far they reach My Lords a Mans Allegeance must be Independant not provisionall and conditionall Elizabeth Barton that was called the Holy Maid of Kent affirmed That if K. H. 8. Did not take Katherine of Spain again to his Wife within a twelve moneth he should be no King And this was judged Treason For though this Act be Contingent and Future yet Treason of compassing and imagining the Kings Destruction is present And in like manner if a Man should voluntarily publish or maintain That whensoever a Bull or Deprivation shall come forth against the King that from thenceforth he is no longer King This is of like Nature But with this I do not charge you neither But this is the true Latitude of your Words That if the Doctrine touching the Killing of Kings be Matter of Faith that you submit your self to the Judgement of the Catholick Roman Church So as now to do you right your Allegeance doth not depend simply upon a Sentence of the Popes Deprivation against the King But upon another point also If these Doctrines be already or shall be declared to be Matter of Faith But my Lords there is little won in this There may be some Difference to the guiltinesse of the Party But there is little to the Danger of the King For the same Pope of Rome may with the same breath declare boâ—h So as still upon the matter the King is made but Tennant at will of his Life and Kingdomes And the Allegiance of his Subjects is pinn'd upon the Popes Act. And Certainly it is Time to stop the Current of this Opinion of Acknowledgement of the Popes power in Temporalibus Or elâ—e it will supplant the Seat of Kings And let it not be mistaken that Mr. Talbots Offence should be no more then the Refusing the Oath of Allegiance For it is one thing to be silent and another thing to affiâ—m As for the Point of Matter of Faith or not of Faith To tell your Lordships plain it would astonish a Man to see the Gulf of this implyed â—eliefe Is nothing excepted from it If a Man should ask Mr. Talbot whether he do condemn Murther or Adultery or Rape or the Doctrine of Mahomet or of Arius in stead of Zuarius Must the Answer be with this exception that if the Question concern matter of Faith as no question it doth for the Moral Law is matter of Faith That therein he wil submit himself to what the Church shall determine And no doubt the Murther of Princes is more then Simple Murther But to conclude Talbot I will do you this Right and I will noâ— be reserved in this but to declare that that is true That you came afterwards to a better mind Wherein if you had been constant the King out of his great goodnesse was resolved not to have proceeded with you in Course of Justice But then again you Started aside like a Broken Bow So that by your Variety and Vacillation you lost the acceptable time of the first Grace which was Not to have convented you Nay I will go farther with you Your last Submission I conceive to be Satisfactory and Compleat But then it was too late The Kings Honour was upon it It was published and the Day appointed for Hearing Yet what preparation that may be to the Second Grace of Pardon that I know not But I know my Lords out of their accustomed favour will admit you not only to your Defence concerning that that hath been Charged But to extenuate your Fault by any Submission that now God shall put into your mind to make The Charge given by Sr. Francis Bacon his Majesties Atturney Generall against Mr. I.S. for Scandalizing and Traducing in the publick Sessions Letters sent from the Lords of the Councell touching the Benevolence MY Lords I shall inform you ore tenus against this Gentleman Mr. I. S. A Gentleman as it seems of an ancient House and Name But for the present I can think of him by no other Name then the Name of a great Offender The Nature and Qualityâ— of his Offence in sum is this This Gentleman hath upon advice not suddenly by his Pen Nor by the Slip of his Tongue Not privatly or in a Corner but publickly As it were to the face of the Kings Ministers and Iustices Slandered and Traduced The King our Soveraign The Law of the Land The Parliament And infinite Particulars of his Majesties worthy and loving Subjects Nay the Slander is of that Nature that it may seem to interest the People in Grief and Discontent against the State whence mought have ensued Matter of Murmur and Sedition So that it is not a Simple Slander but a Seditious Slander like to that the Poet speaketh of Calamosque armare Veneno A Venemous Dart that hath both Iron and Poysonâ— To open to your Lordships the true State of this Offence I will set before you First the Occasion whereupon Mr. I. S. wrought Thâ—n the Offence it self in his own words And lastly the Points of his Charge My Lords you may remember that there was the last Parliament an Expectation to have had the King supplied with Treasure although the Event failed Herein it is not fit for me to give opinion of an House of Parliament But I will give testimony of Truth in all places I served in the Lower House and I observed somewhat This I do affirm That I never could perceive but that there was in that House a generall Disposition to give And to give largely The Clocks in the House perchance might differ Some went too fast some went too slow But the Disposition to give was generall So that I think I may truly say Solo tempore lapsus Amor. This Accident happening
thus besides expectation It stirred up and awaked in divers of his Majesties worthy Servants and Subjects of the Clergy the Nobility the Court and others here neaâ— at hand an Affection loving and cheerfull To present the King some with Plate some with Money as a Freewill offering A Thing that God Almighty loves A Cheerfull Givâ—r what an Evill Eye doth I know not And my Lords let me speak it plainly unto you God forbid any Body should be so wretched as to think that the Obligation of Love and Duty from the Subject to the King should be Joynt and not severall No my Lords it is both The Subject petitioneth to the King in Parliament He Petitioneth likewise out of Parliament The King on the other side gives Graces to the Subjects in Parliament He gives them likewise and poureth them upon his People out of Parliament And so no doubt the Subject may give to the King in Parliament and out of Parliament It is true the Parliament is Intercursus Magnus The great Intercourse and main Current of Graces and Donatives from the King to the People from the People to the King But Parliaments are held but at certain times Whereas the Passages are alwayes open for Particulars Even as you see great Rivers have their Tides But particular Springs and Fountains run continually To proceed therefore As the Occasion which was the failing of Supply by Parliament did awake the Love and Benevolence of those that were at hand to give So it was apprehended and thought fit by my Lords of the Councell to make a proof whether the occasion and Example both would not awake those in the Country of the better sort to follow Whereupon their Lordships devised and directed Letters unto the Sheriffs and Iustices which declared what was done here above and wished that the Country might be moved especially Men of value Now My Lords I beseech you give me favour and attention to set forth and observe unto you five Points I will number them because other Men may note them And I will but touch them because they shall not be drowned or lost in discourse which I hold worthy the observation for the Honour of the State and Confusion of Slanders Whereby it will appear most evidently What care was taken that that which was then done might not have the effect no nor the shew no nor so much as the shadow of a Tax And that it was so far from breeding or bringing in any ill president or Example As contrary wise it is a Corrective that doth correct and allay the Harshness and Danger of former Examples The first is That what was done was done immediately after such a Parliament as made generall Profession to give and was interrupted by Accideâ—t So as you may truly and justly esteem it Tanquà m Posthuma Proles Parliamenti As an After Child of the Parliament And in pursuit in some small measure of the firm Intent of a Parliament past You may take it also if you will as an Advance or Provisionall Help untill a Future Parliawent Or as a Gratification simply without any Relation to a Parliament you can no wayes take it amisse The Second is That it wrought upon Example As a Thing not devised Or projected Or required No nor so much as recommended untill many that were never moved nor dealt with Ex mero motu had freely and frankly sent in their presents So that the Letters were rather like Letters of Newes what was done aâ— London then otherwise And we know Exempla ducunâ— non traâ—unt Examples they do but Lead they do not Draw nor Drive The Third is Thâ—t it was not done by Commission under the Great Seal A Thing warranted by a Multitude of Presidents both ancient and of late time as you shall hear anon And no doubt warranted by Law So that the Commissions be of that Stile and Tenour as that they be to move and not to levy But this was done by Letters of the Councell and no higher Hand or Form The Fouâ—th iâ— That these Letters had no manner of Shew of any Binding Act of State For they contaiâ—â— not any speciall Frame of Direction how the Businesse should be Mannaged But were written as upon trust Leaving the matter wholy to the Industry and Confidence of those in the Country So that it was an absque Compoto Such a form of Letter as no Man could fitly be called to accompt upon The Fift and last Point is That the whole Carriage of â—he Business had no Circumstance compulsory There was no Proportion Or Rate â—et down not so much as by way of a Wish There was no Menace of any that should deny No Reproof of any that did deny No certifying of the Names of any that had denied Indeed if Men could not content themselves to deny but that they must censure and inveigh Nor to excuse themselves but they must accuse the State that is anoâ—her Case But I say for Denying no Man was apprehended no nor noted So that I verily think that there is none so subtill a Disputer in the Controversie of Liberum Arbitrium that can with all his Distinctions fasten or carp upon the Act but that there was Free Will in it I conclude therefore My Lords that this was a True and pure Benevolence Not an Imposition called a Benevelence which the Statute speaks of As you shall hear by one of my Fellows There is a great Difference I tell you though Pilate would not see it between Rex Iudaeorum and se dâ—cens Regem Iudaeorum And there is a great difference between a Benevolence and an Exaction called a Benevolence which the Duke of Buckingham speaks of in his Oration to the Citty And defineth it to be not what the Subject of his good will would give but what the King of his good will would take But this I say was a Benevolence wherein every man had a Princes Prerogative A Negative Voyce And this word Excuse moy was a Plea peremptory And therefore I do wonder how Mr. I. S. could foul or trouble so clear a Fountain Certainly it was but his own Bitterness and unsound Humours Now to the particular Charge Amongst other Countries these Letters of the Lords came to the Iustices of D shire Who signified the Contents thereof And gave Directions and Appointments for meetings concerning the Business to severall Towns Places within that County And amongst the rest notice was given unto the Town of A The Majour of A conceiving that this Mr. I. S. being a Principall Person and a Dweller in that Town was a Man likely to give both money and good Example Dealt with him to know his mind He intending as it seems to play prizes would give no Answer to the Majour in private but would take Time The next day then being an Appointment of the Iustices to meet he takes occasion or pretends occasion to be absent because he would bring his Papers upon the Stage And