Attorneys place p. 20. Sir Francis Bacon to Sir George Cary in France upon sending him his Writing In foelicem memoriam Elizabethae p. 21. A Letter to Sir George Villiers touching the difference between the Courts of Chancery and Kings Bench. p. 22. Sir Francis Bacon to the King concerning the Praemunire in the Kings Bench against the Chancery p. 23. A Letter to the King touching matter of Revenue and Profit p. 27. Sir Francis Bacon the Kings Attorney to the King touching the proceeding with Somerset p. 28. Sir Francis Bacon the Kings Attorney to Sir George Villiers concerning the proceeding with Somerset p. 30. Sir Francis Bacon the Kings Attorney giving account of an Examination taken of Somerset at the Tower p. 32. Sir Francis Bacon the Kings Attorney to Sir George Villiers touching the proceeding with Somerset p. 34. Sir Francis Bacon the Kings Attorney to Sir George Villiers of Account and Advice to His Majesty touching Somerset's Arraignment p. 35. Sir Francis Bacon the Kings Attorney and some great Lords Commissioners concerning the perswasion used to the Lord of Somerset to a frank Consession p. 36. Sir Francis Bacon to the King upon some inclination of His Majesty signified to him for the Chancellors place p. 38. Sir Francis Bacon the Kings Attorney returned with Postils of the Kings own Hand p. 39. The Copy of a Letter conceived to be written to the late Duke of Buckingham when he first became a Favourite to King James by Sir Francis Bacon afterwards Lord Verulam and Viscount St. Alban Containing some Advices to the Duke for his better direction in that eminent place of the Favourite Drawn from him at the intreaty of the Duke himself by much importunity p. 43. Sir Francis Bacon to Sir George Villiers of Advice concerning Ireland from Gorambury to Windsor p. 67. Sir Francis Bacon the Kings Attorney General to the Master of the Horse upon the sending of his Bill for Viscount sc. p. 69. Sir Francis Bacon to Sir George Villiers upon the sending his Pattent for Uiscount Villiers to be Signed p. 70. Sir Francis Bacon to the King about a Certificate of my Lord Coke's p. 72. A Letter to the King touching the Lord Chancellors place ibid. A Letter to the King of my Lord Chancellors amendment and the difference begun between the Chancery and Kings Bench. p. 75. Sir Francis Bacon the Kings Attorney to the King giving some account touching the Commendams p. 76. Sir Francis Bacon his Advertisement touching an Holy War to the Right Reverend Father in God Lancelot Andrews Lord Bishop of Winchester and Councellor of Estate to His Majesty p. 78. Sir Francis Bacon to the King about the Pardon of the Parliaments Sentence p. 81. Sir Francis Bacon to King James of a Digest to be made of the Laws of England p. 82. Sir Francis Bacon to the Right Honourabl◠〈◊〉 very good Lord the Earl of Devonshire Lord Lieutenant of 〈◊〉 p. 87. A Discourse touching Helps for the intellectual Powers by Sir Francis Bacon p. 97. Sir Francis Bacon to the King p. 101. C. Certain Copies of Letters written by Sir William Cecil Knight Secretary of Estate to Queen Elizabeth to Sir Henry Norris Knight Ambassador for the said Queen Resident in France Beginning the 10th of February 1566. and ending the 26th of September 15â—0 p. 105. The Lord Coke to King James touching trial of Duels out of England p. 193. H. The History of the Reign of King Henry the Eighth King Edward the Sixth Queen Mary and part of the Reign of Queen Elizabeth p. 194. I. A Copy of a Letter from His Majesty to the Lords read at Board Nov. 21. 1617. touching the abatement of His Majesties Houshold Charge p. 198. A Copy of His Majesties second Letter p. 199. A Letter from the King to his Lordship by occasion of a Book It was the Organon p. 200. To Our Trusty and Well-beloved Thomas Coventry Our Attorney-General ibid. S. A Letter written by Sir Philip Sidney unto Queen Elizabeth touching her Marriage with Mounsieur p. 201. My Lord Sanquir 's Case p. 209. My Lady Shrewsburies Case p. 212. T. Sir Nicholas Throckmorton then Ambassador in France to Queen Elizabeth touching a free Passage for the Queen of Scots through England into Scotland p. 214. Books Printed for and sold by G. Bedell and T. Collins Folio's Compleat AMBASSADOR Letters and Negotiations of the Lord Burleigh and Sir Francis Walsingham in the Reign of Queen Elizabeth Collected by Sir Dudly Diggs Bishop Andrews Sermons Halls Politicks Lord Bacons History of King Henry 7th * D'Avila's Civil Wars of France * Bishop Ushers Annals of the World * Titus Livius Roman History in English * Dr. Hammond on the New Testament * Paraphrase on the Psalms * Howe 's Chronicle of England * Lord Hobarts Reports with a large Table by Sir H. Finch * Bulstrodes Reports in Three Parts * Crooks Reports in Three Volumes * Lord Cooks Pleadings in English * Wingats Maxims of the Law * Styles Reports * Leonards Reports Second Part. Quarto's Mountagues Essayes Sennault's Christian Man Potters Number of the Beast 666. Grand Seignieurs Seuaglio Ross against Coparnicus touching the Earths motion French Letters touching His Majesties stedfastness in the Protestant Religion in French and English Character of CHARLES II. Articles or Treaty of Peace betwixt France and Spain Discourse for a King and Parliament Fumi Fugium A Discourse of the Air and Smoak of London by John Evelin Esq Lord Cooks Reading and Denshalls Reading on the Statute of Fines The Judges Arguments on the Liberty of the Subject Three Readings on Wills Jointures and forcible Entry Mr. Durhams Assize Sermon Dr. Thomas his Assize Sermon Playes * D'avenant's Wits * Platonick Lovers * Faithful Shepherdess by Fletcher Marriage of the Arts by Barten Hollyday The Bastard A Tragedy The Martyr A Tragedy The Just General Horratius in English A Tragedy Michaelmas Term. Combate of Love and Friendship Octavo's Gosses Tragedies Lucretius in Latine and English Faushawes La Fida Pastora Duke of Rohans Memoires and Discourses English Hyppolito Isabella Three Romances The Nuptial Lover Triumphant Lady Waterhouse his Apology for Learning Idem His Divine Tracts Idem His Discourse of Arms and Armory Botelers Sermons Compleat on several Subjects Instructions for a Library by Naudeus English Reliquiae Carolinae Dr. Taylors Offices or Liturgy Sheppard of Courts Of Corporations Lambords Archeion White of the Laws Parsons Law the last Edition Claytons Reports Fleetwoods Justice Stones Reading on the Statute of Bankrupts Wingats Body of the Law Noyes Maxims D'avenport's Abridgment of Cook on Littleton Abridgement of Acts. Twelves Compleat Justice Davis's Abridgement of Cooks Reports Tylenus Second Part against Baxter Jacksons Evangelical Temper Of Liberty and Servitude Haywards Edward 6th St. Chrysostom of Education Guuton of External Worship Supplementum Lucani per May. Thuan's Politick Maxims Mayerns Experiments Dr. Stuarts Sermons Ladies Cabinet Gees steps in four and twenties SIR FRANCIS BACON'S Letters c.
especially given in Charge which had not used to be given in Charge before It is true it was not solemnly dwelt upon but as it were thrown in amongst the rest The last day of the Term and that which all men condemn the supposed last day of my Lord Chancellors life there were two Indictments preferred of Praemunire for suing in Chancery after judgement at Common-Law The one by Richard Glanvile the other by William Allen the former against Courtney the party in Chancery Gibb the Councellor and Deurst the Clerk The latter against Alderman Bowles and Humphry Smith parties in Chancery Serjeant Moor the Councellor Elias Wood Sollicitor in the Cause and Sir John Tindall Master of the Chancery and an Assessor to my Lord Chancellor For the Cases themselves it were too long to trouble Your Majesty with them but this I will say If they were set on that preferred them they were the worst Workmen that ever were that set them on for there could not have been chosen two such Causes to the honour and advantage of the Chancery for the justness of the Decrees and the foulness and scandal both of fact and person in those that impeach the Decrees The Grand Jury consisting as it seemeth of very substantial and intelligent persons would not find the Bills notwithstanding that they were much clamoured by the parties and twice sent back by the Court and in Conclusion resolutely 17 of 19 found an Ignoramus wherein for that time I think Ignoramus was wiser than those that knew too much Your Majesty will pardon me if I be sparing in delivering to You some other circumstances of aggravation and concurrences of some like matters the same day as if it had been some fatal constellation They be not things so sufficiently tryed as I dare put them into Your ear For my opinion I cannot but begin with this Preface That I am infinitely sorry that Your Majesty is thus put to salve and cure not only accidents of time but errors of servants For I account this a kind of sickness of my Lord Cooke's that comes almost in as ill a time as the sickness of my Lord Chancellor And as I think it was one of the wisest parts that ever he plaid when he went down to Your Majesty to Royston and desired to have my Lord Chancellor joined with him So this was one of the weakest parts that ever he plaid to make all the World perceive that my Lord Chancellor is severed from him at this time But for that which may concern Your Service which is my end leaving other men to their own wayes First my opinion is plainly that my Lord Cooke at this time is not to be disgraced both because he is so well habituate for that which remaineth of these capital Causes and also for that which I find is in his breast touching Your Finances and matters of repair of Your Estate And if I might speak it as I think it were good his hopes were at an end in some kind so I could wish they were raised in some other On the other side this great and publick Affront not only to the Reverend and well-deserving person of Your Chancellor and at a time when he was thought to lie a dying which was barbarous but to Your High-Court of Chancery which is the Court of Your absolute power may not in my opinion pass lightly nor end only in some formal atonement but use is to be made thereof for the setling of Your Authority and strengthning of Your Prerogative according to the true Rules of Monarchy Now to accommodate and reconcile these Advices which seem almost opposite First Your Majesty may not see it though I confess it be suspitious that my Lord Cooke was any way aforehand privy to that which was done or that he did set it or animate it but only took the matter as it came before him and that his Error was only that at such a time he did not divert it in some good manner Secondly If it be true as is reported that any of the puisne Judges did stir this business or that they did openly revile and menace the Jury for doing their Conscience as they did honestly and truly I think that Judge is worthy to lose his place And to be plain with Your Majesty I do not think there is any thing a greater Polycreston ad multa utile to Your Affairs than upon a just and fit occasion to make some example against the presumption of a Judge in Causes that concern Your Majesty whereby the whole body of those Magistrates may be contained in better awe and it may be this will light upon no unfit subject of a person that is rude and that no man cares for Thirdly If there be no one so much in fault which I cannot yet affirm either way and there must be a just ground God forbid else yet I should think that the very presumption of going so far in so high a Cause deserveth to have that done which was done in this very case upon the Indictment of Serjeant Heale in Queen Elizabeth's time that the Judges should answer it upon their knees before Your Majesty or Your Councel and receive a sharp admonition at which time also my Lord Wrey being then Chief Justice slipt the Collar and was forborn Fourthly for the persons themselves Glanvile and Allen which are base Fellows and turbulent I think there will be discovered and proved against them besides the preferring of the Bill such combination and contemptuous speeches and behaviour as there will be good ground to call them and perhaps some of their petty Councellors at Law into the Star-Chamber In all this which I have said Your Majesty may be pleased to observe That I do not engage you much in the main point of the Jurisdiction for which I have a great deal of reason which I now forbear But two things I wish to be done the one That Your Majesty take this occasion to redouble unto all Your Judges Your ancient and true Charge and Rule That You will endure no innovating in the point of Jurisdictions but will have every Court impaled within their own Presidents and not assume to themselves new Powers upon conceits and inventions of Law The other That in these high Causes that touch upon State and Monarchy Your Majesty give them strait charge That upon any occasions intervenient hereafter they do not make the vulgar party to their contestations by publick handling them before they have consulted with Your Majesty to whom the reglement of those things appertaineth To conclude I am not without hope That Your Majesties managing this business according to Your great wisdom unto which I acknowledge my self not worthy to be Card-holder or Candle-holder will make profit of this accident as a thing of Gods sending Lastly I may not forget to represent to Your Majesty That there is no thinking of Arraignments until these things be somewhat accommodated and some outward and superficial
trust in a business of that nature and recommend it to one or more of them to inform you of their opinions and of their reasons for or against the granting of it and if the matter be of great weight indeed then it would not be amiss to send several Copies of the same Petition to several of your Friends the one not knowing what the other doth and desire them to return their Answers to you by a certain time to be prefixed in writing so shall you receive an impartial Answer and by comparing the one with the other you shall both discern the Abilities and Faithfulness of your Friends and be able to give a judgment thereupon as an Oracle But by no means trust not your own judgment alone for no man is omniscient nor trust only to your Servants who may mislead you or misinform you by which they may perhaps gain a few Crowns but the Reproach will lie upon yourself if it be not rightly carried For the facilitating of your dispatches my Advice is further that you divide all the Petitions and the matters therein contained under several Heads which I conceive may be fitly ranked into these eight sorts 1. Matters that concern Religion and the Church and Church-men 2. Matters concerning Justice and the Laws and the Professors thereof 3. Councellors and the Councel-table and the great Offices and Officers of the Kingdom 4. Forrain Negotiations and Embassies 5. Peace and War both Forrain and Civil and in that the Navy and Forts and what belongs to them 6. Trade at home and abroad 7. Colonies or Forrain Plantations 8. The Court and Curiality And whatsoever will not fall naturally under one of these Heads believe me Sir will not be worthy of your thoughts in this capacity we now speak of And of these sorts I warrant you you will find enough to keep you in business I begin with the first which concerns Religion 1. In the first place be you your self rightly perswaded and setled in the true Protestant Religion professed by the Church of England which doubtless is as sound and orthodox in the Doctrine thereof as any Christian Church in the World 2. In this you need not be a Monitor to Your gracious Master the King the chiefest of His imperial Titles is to be The Defender of the Faith and His Learning is eminent not only above other Princes but above other men be but his Scholar and you are safe in that 3. For the Discipline of the Church of England by Bishops c. I will not positively say as some do that it 's Jure Divino but this I say and think ex animo that it is the nearest to Apostolical Truth and confidently I shall say it is fittest for Monarchy of all others I will use no other Authority to you than that excellent Proclamation set out by the King Himself in the first Year of His Reign and annexed before the Book of Common-Prayer which I desire you to read and if at any time there shall be the least motion made for Innovation to put the King in mind to read it Himself It is most dangerous in a State to give ear to the least alterations in Government 4. Take heed I beseech you that you be not an instrument to countenance the Romish Catholicks I cannot flatter the world believes that some near in blood to you are too much of that perswasion you must use them with fit respects according to the bonds of nature but you are of kin and so a Friend to their Persons not to their Errours 5. The Arch-bishops and Bishops next under the King have the Government of the Church and Ecclesiastical Affairs be not you the mean to prefer any to those places for any by-respects but only for their Learning Gravity and Worth their Lives and Doctrine ought to be exemplary 6. For Deans and Canons or Prebends of Cathedral Churches In their first institution they were of great use in the Church they were not only to be of councel with the Bishop for his revenue but chiefly for his Government in causes Ecclesiastical use your best means to preferre such to those places who are fit for that purpose men eminent for their learning piety and discretion and put the King often in minde thereof and let them be reduced again to their first institution 7. You will be often sollicited and parhaps importuned to preferre Scholars to Church-living you may further your friends in that way caeteris paribus otherwise remember I pray that these are not places meerly of favour the charge of souls lies upon them the greatest account whereof will be required at their own hands but they will share deeply in their faults who are the instruments of their Preferment 8. Besides the Romish Catholicks there is a generation of Sectaries the Anabaptists Brownists and others of their kinds they have been several times very busie in this Kingdom under the colour of zeal for reformation of Religion The King your Master knows their disposion very well a small touch will put him in mind of them he had experience of them in Scotland I hope he will beware of them in England a little countenance or connivency sets them on fire 9. Order and decent ceremonies in the Church are not only comely but commendable but there must be great care not to introduce innovations they will quickly prove scandalous men are naturally over-prone to suspition the true Protestant Religion is seated in the golden mean the enemies unto her are the extreams on either hand 10. The persons of Church-men are to be had in due respect for their works sake and protected from scorn but if a Clergie man be loose and scandalous he must not be patronized nor winck't at the example of a few such corrupt many 11. Great care must be takan that the patrimony of the Church be not sacrilegiously diverted to lay uses His Majesty in his time hath religiously stopped a leak that did much harm and would else have done more Be sure as much as in you lies stop the like upon all occasions 12. Colledges and Schools of learning are to be cherished and encouraged there to breed up a new stock to furnish the Church and Common-wealth when the old store are transplanted This Kingdom hath in latter ages been famous for good literature and if preferment shall attend the deservers there will not want supplies Next to Religion let your care be to promote Justice By Justice and mercy is The Kings throne established 1. Let the rule of Justice be the Laws of the Land an impartial arbiter between the King and his people and between one Subject and another I shall not speak superlatively of them lest I be suspected of partiality in regard of my own profession but this I may truly say they are second to none in the Christian world 2. And as far as it may lie in you let no Arbitrary power be intruded the people of this Kingdome love
lower orb It were to be wished and is fit to be so ordered that every of them keep themselves within their proper spheres The harmony of Justice is then the sweetest when there is no jarring about the Jurisdiction of the Courts which methinks wisdom cannot much differ upon their true bounds being for the most part so clearly known 19. Having said thus much of the Judges somewhat will be fit to put you in mind concerning the principal Ministers of Justice and in the first of the High-Sheriffs of the Counties which have been very Ancient in this Kingdom I am sure before the Conquest The choice of them I commend to your care and that at fit times you put the King in mind thereof that as near as may be they be such as are fit for those places for they are of great Trust and Power the Pesse Comitatus the Power of the whole County being legally committed unto him 20. Therefore it is agreeable with the intention of the Law that the choice of them should be by the commendation of the great Officers of the Kingdom and by the Advice of the Judges who are presumed to be well read in the condition of the Gentry of the whole Kingdom And although the King may do it of himself yet the old way is the good way 21. But I utterly condemn the practice of the latter times which hath lately crept into the Court at the Back-stairs that some who are prick'd for Sheriffs and were fit should get out of the Bill and others who were neither thought upon nor worthy to be should be nominated and both for money 22. I must not omit to put you in mind of the Lords Lieutenants and deputy Lieutenants of the Counties their proper use is for ordering the military affairs in order to an invasion from abroad or a rebellion or sedition at home good choice should be made of them and prudent instructions given to them and as little of the Arbitrary power as may be left unto them and that the Muster-Masters and other Officers under them incroach not upon the Subject that will detract much from the Kings service 23. The Justices of peace are of great use Anciently there were Conservators of the peace these are the same saving that several Acts of Parliament have altered their denomination and enlarged their jurisdiction in many particulars The fitter they are for the Peace of the Kingdom the more heed ought to be taken in the choice of them 24. But negatively this I shall be bold to say that none should be put into either of those Commissions with an eye of favour to their persons to give them countenance or reputation in the places where they live but for the Kings service sake nor any put out for the dis-favour of any great man It hath been too often used and hath been no good service to the King 25. A word more if you please to give me leave for the true rules of the moderation of Justice on the Kings part The execution of Justice is committed to his Judges which seemeth tobe the severer part but the milder part which is mercy is wholly left in the Kings immediate hand And Justice and Mercy are the true supporters of his Royal Throne 26. If the King shall be wholly intent upon Justice it may appear with an over-rigid aspect but if he shall be over remiss and easie it draweth upon him contempt Examples of Justice must be made sometimes for terrour to some Examples of mercy sometimes for comfort to others the one procures fear and the other love A King must be both feared and loved else he is lost 27. The ordinary Courts of Justice I have spoken of and of their Judges and judicature I shall put you in mind of some things touching the High Court of Parliament in England which is superlative and therefore it will behove me to speak the more warily thereof 28. For the institution of it it is very antient in this Kingdom It consisteth of the two Houses of Peers and Commons as the Members and of the Kings Majesty as the head of that great body By the Kings Authority alone and by his Writs they are Assembled and by him alone are they Prorogued and Dissolved but each House may Adjourn it self 29. They being thus Assembled are more properly a Councel to the King the great Councel of the Kingdom to advise his Majesty in those things of weight and difficulty which concern both the King and People then a Court. 30. No new Laws can be made nor old Laws abrogated or altered but by common Consent in Parliament where Bills are prepared and presented to the two Houses and then delivered but nothing is concluded but by the Kings Royal assent They are but Embryos 't is he giveth life unto them 31. Yet the House of Peers hath a power of Judicature in some cases properly to examine and then to affirm or if there be cause to reverse the judgments which have been given in the Court of Kings Bench which is the Court of highest jurisdiction in the Kingdom for ordinary judicature but in these cases it must be done by Writ of Error in Parliamento And thus the rule of their proceedings is not absoluta potestas as in making new Laws in that conjuncture as before but limitata potestas according to the known Laws of the Land 32. But the House of Commons have only power to censure the Members of their own House in point of election or misdemeanors in or towards that House and have not nor ever had power so much as to administer an oath to prepare a judgment 33. The true use of Parliaments in this Kingdom is very excellent and they would be often called as the affairs of the Kingdom shall require and continued as long as is necessary and no longer for then they be but burthens to the people by reason of the priviledges justly due to the Members of the two Houses and their attendants which their just rights and priviledges are religiously to be observed and maintained but if they should be unjustly enlarged beyond their true bounds they might lessen the just power of the Crown it borders so near upon popularity 34. All this while I have spoken concerning the Common Laws of England generally and properly so called because it is most general and common to almost all cases and causes both civil and criminal But there is also another Law which is called the Civil or Ecclesiastical Law which is confined to some few heads and that is not to be neglected and although I am a professor of the Common Law yet am I so much a lover of truth and of Learning and of my native Countrey that I do heartily perswade that the professors of that Law called Civilians because the Civil Law is their guide should not be discountenanced nor discouraged else whensoever we shall have ought to do with any forreign King or State we shall be
write not of My self am like the Miller of Huntington that was wont to pray for peace amongst the willowes for while the winds blew the wind-mills wrought and the water-mill was less customed So I see that Controversies of Religion much hinder the advancement of Sciences Let me conclude with my perpetual wish towards your self that the approbation of your self by your own discreet and temperate carriage may restore you to your Country and your friends to your society And so I commend you to Gods goodness Graies Inne this 10th of October 1609. Sir Francis Bacon to Mr. Matthew touching Instauratio Magna Mr. Matthew I heartily thank you for your Letter of the 10th of Feb. and am glad to receive from you matter both of encouragement and advertisment touching my writings For my part I do wish that since there is almost no lumen siccum in the world but all Madidum Maceratum infused in affections and bloods or humours that these things of mine had those separations that might make them more acceptable so that they claim not so much acquaintance of the present times as they be thereby the less like to last And to shew you that I have some purpose to new mould them I send you a leaf or two of the Preface carrying some figure of the whole work Wherein I purpose to take that which is real and effectual of both writings and chiefly to add pledge if not payment to my promise I send you also a Memorial of Queen Elizabeth to requite your Elogie of the late D. of Florences felicitie Of this when you were here I shewed you some Model though at that time me-thought you were as willing to hear Julius Caesar as Q. Elizabeth commended But this which I send is more full and hath more of the Narrative and further hath one part that I think will not be disagreeable either to you or that place being the true tracts of her proceeding towards the Catholicks which are infinetly mistaken And though I do not imagine they will pass allowance there yet they will gain upon excuse I find Mr. Lezure to use you well I mean his tongue of you which shews you either honest or wise But this I speak meerly For in good faith I conceive hope that you will so govern your self as we may take you as assuredly for a good Subject and Patriot as you take your self for a good Christian and so we may again enjoy your Company and you your Conscience if it may no otherwise be For my part assure your self that as we say in the Law Mutatis mutandis my love and good wishes to you are not diminished And so I remain A Letter to Mr. Matthew upon sending his Book De Sapientia Veterum Mr. Matthew I do very heartily thank you for your Letter of the 24th of Aug. from Salamanca and in recompence thereof I send you a little work of mine that hath begun to pass the world They tell me my Lattin is turn'd into Silver and becom currant Had you been here you had been my Inquisitor before it came forth But I think the greatest Inquisitor in Spain will allow it But one thing you must pardon me if I make no hast to beleive that the world should be grown to such an extasie as to reject truth in Philosophy because the Author dissenteth in Religion no more then they do by Aristcle or Averrois My great work goeth forward and after my manner I alter ever when I add So that nothing is finished till all be finished Th s I have written in the midst of a Term and Parliament thinking no time so precious but that I should talk of these matters with so good and dear a friend And so with my wonted wishes I leave you to Gods goodness From Grayes-Inne Febr. 17. 1610. Sir Francis Bacon to M. Savill Mr. Savill Coming back from your Invitation at Eaton where I had refreshed my self with company which I loved I sell into a consideration of that part of Policie whereof Philosophy speaketh too much and Laws too little And that is of education of youth whereupon fixing my mind a while I found straitwayes and noted even in the discourses of Philosophers which are so large in this argument a strange silence concerning one principal part of that subject For as touching the framing and seasoning of youth to moral vertues tolerance of labour continency from pleasures obedience honour and the like they handle it but touching the improvement and helping of the intellectual powers as of conceit memory and judgement they say nothing whether it were that they thought it to be a matter wherein Nature only prevailed or that they intended it as referred to the several and proper Arts which teach the use of Reason and speech But for the former of these two reasons howsoever it pleaseth them to distinguish of habits and powers the experience is manifest enough that the motions and faculties of the will and memory may be not only governed and guided but also confirmed and enlarged by custome and exercise duly applyed as if a man exercise shooting he shall not only shoot nearer the mark but also draw a stronger bow And as for the latter of comprehending these precepts within the Arts of Logick and Rhetorick if it be rightly considered their office is distinct altogether from this point for it is no part of the doctrine of the use or handling of an instrument to teach how to whet or grinde the instrument to give it a sharper edge or how to quench it or otherwise whereby to give it a stronger temper Wherefore finding this part of knowledge not broken I have but tanquam aliud agens entred into it and salute you with it dedicating it after the ancient manner first as to a dear friend and then as to an apt person forasmuch as you have both place to practise it and judgment and leisure to look deeper in it then I have done Herein you must call to mind Though the argument be not of great height and dignitie nevertheless it is of great and universal use And yet I do not see why to consider it rightly that should not be a learning of heighth which teacheth to raise the highest and worthiest part of the minde But howsoever that be if the world take any light and use by this writing I will that the Gratulation be to the good friendship and acquaintance between us two And so I commend you to Gods divine protection Sir Francis Bacon to the King touching the Sollicitors place HOW honestly ready I have been most gracious Sovereign to do Your Majesty humble Service to the best of my power and in a manner beyond my power as I now stand I am not so unfortunate but Your Majesty knoweth For both in the Commission of Union the labour whereof for men of my Profession rested most upon my hand and this last Parliament in the Bill of the Subsidie both body and preamble in the
especially are of great value and set many able-bodied subjects on work it were great pity they should not be industriously followed 17. But of all Minerals there is none like to that of Fishing upon the coasts of these Kingdoms and the seas belonging to them our neighbours within half a days sail of us with a good wind can shew us the use and value thereof and doubtless there is sea-room enough for both Nations without offending one another and it would exceedingly support the Navie 18. The Realm is much enriched of late years by the trade of Merchandize which the English drive in Forreign parts and if it be wisely managed it must of necessity very much increase the wealth thereof care being taken that the exportation exceed in value the importation for then the ballance of trade must of necessity be returned into Coin or Bullion 19. This would easily be effected if the Merchants were perswaded or compelled to make their returns in solid commodities and not too much thereof invanity tending to excess 20. But especially care must be taken that Monopolies which are the Cankers of all trading be not admitted under specious colour of publick good 21. To put all these into a regulation if a constant Commission to men of honesty and understanding were granted and well pursued to give order for the managing of these things both at home and abroad to the best advantage and that this Commission were subordinate to the Councel-board it is conceived it would produce notable effects VII The next thing is that of Colonies and forreign plantations which are very necessary as out-lets to a populous Nation and may be profitable also if they be managed in a discreet way 1. First in the choice of the place which requireth many circumstances as the scituation neer the Sea for the commodiousness of an intercourse with England the temper of the air and climate as may best agree with the bodies of the English rather inclining to cold then heat that it be stored with Woods Mines and Fruits which are naturally in the place that the soil be such as will probably be fruitful for Corn and other conveniencies and for breeding of Cattel that it hath Rivers both for passage between place place and for fishing also if it may be that the Natives be not so many but that there may be elbow-room enough for them and for the Adventives also All which are likely to be found in the West-Indies 2. It would be also such as is not already planted by the Subjects of any Christian Prince or State nor over-neerly neighbouring to their Plantation And it would be more convenient to be chosen by some of those Gentlemen or Merchants which move first in the work then to be designed unto them from the King for it must proceed from the option of the people else it sounds like an exile so the Colonies must be raised by the leave of the King and not by his Command 3. After the place is made choice of the first step must be to make choice of a fit Governor who although he have not the name yet he must have the power of a Vice-Roy and if the person who principally moved in the work be not fit for that trust yet he must not be excluded from command but then his defect in the Governing part must be supplied by such Assistants as shall be joyned with him or as he shall very well approve of 4. As at their setting out they must have their Commission or Letters Pattents from the King that so they may acknowledge their dependency upon the Crown of England and under His Protection so they must receive some general Instructions how to dispose of themselves when they come there which must be in nature of Laws unto them 5. But the general Law by which they must be guided and governed must be the common Law of England and to that end it will be fit that some man reasonably studied in the Law and otherwise qualified for such a purpose be perswaded if not thereunto inclined of himself which were the best to go thither as a Chancellor amongst them at first and when the Plantations were more setled then to have Courts of Justice there as in England 6. At the first Planting or as soon after as they can they must make themselves defensible both against the Natives and against Strangers and to that purpose they must have the assistance of some able Military man and convenient Arms and Ammunition for their defence 7. For the Discipline of the Church in those parts it will be necessary that it agree with that which is setled in England else it will make a schism and a rent in Christs coat which must be seamless and to that purpose it will be fit that by the Kings supream power in Causes Ecclesiastical within all his Dominions they be subordinate under some Bishop and Bishoprick of this Realm 8. For the better defence against a common Enemy I think it would be best that forreign Plantations should be placed in one Continent and neer together whereas if they be too remote the one from the other they will be dis-united and so the weaker 9. They must provide themselves of houses such as for the present they can and at more leisure such as may be better and they first must plant for corn and cattel c. for food and necessary sustenance and after they may enlarge themselves for those things which may be for profit and pleasure and to traffique withal also 10. Woods for shipping in the first place may doubtless be there had and minerals there found perhaps of the richest howsoever the mines out of the fruits of the earth and seas and waters adjoyning may be found in abundance 11. In a short time they may build Vessels and Ships also for traffique with the parts near adjoyning and with England also from whence they may be furnished with such things as they may want and in exchange or barter send from thence other things with which quickly either by Nature or Art they may abound 12. But these things would by all means be prevented That no known Bankrupt for shelter nor known murderer or other wicked person to avoid the Law nor known Heretick or Schismatick be suffered to go into those Countreys or if they do creep in there not to be harboured or continued else the place would receive them naught and return them into England upon all occasions worse 13. That no Merchant under colour of driving a trade thither or from thence be suffered to work upon their necessiries 14. And that to regulate all these inconveniencies which will insensibly grow upon them that the King be pleased to erect a subordinate Councel in England whose care and charge shall be to advise and put in execution all things which shall be found fit for the good of those new Plantations who upon all occasions shall give an account of their proceedings to
that we could not long suffer such attempts unrevenged and being somewhat amazed with the charge he denyed the things very flatly and promised to write very earnestly therein to the King his Master And for conclusion we said that we would write unto you to move the King to make restitution and to prohibit the going to the Seas of any other but of those that were good Merchants in this time of peace according to the Treaty of which our negotiation you shall hear more shortly by Letters from the Council although I thought it good by this my private Letter somewhat to touch it unto you This speech with the Ambassador was on Saturday the fourth of this present and upon importunity of the Ambassador he had Audience of the Queens Majesty this day to whom he shewed a Letter from the King that Percivall coming over with Letters of late thither was stayed at Deip and the King hearing that he had Letters from the Queens Majesty ordered to dismiss him and willed the Ambassador to pray the Queen to think no offence in it for the said Percivall was to be Arrested in France for great debts which he ow'd there besides that as the Ambassador saith he is to be charged there with a murther After he shewed this Letter to her Majesty she called the Lord Chamberlain and me to her in his presence being no more of her Council then and in very round speeches told the Ambassador that she did not take the French Kings answer for the matter of Callis in good part and so much the worse because the Queen Mother by her Letters sent by Mr. Smith wrote that her Son had given very benign Audience and so reasonable an answer as ought well to content her Majesty In which manner of speech she saith she is not well used considering the answer was altogether unjust and unreasonable and if hereof the Ambassador shall make any sinister report you may as you see cause well maintain the Queens answer to be very reasonable as having cause to mislike the manner of writing of the Queen thereon which nevertheless you may impute to the unadvisedness of the Secretaries for so the Queens Majesty here did impute it Upon Sunday last I received Letters from Barnaby your Secretary who therein did very well advertise me of the staying of Percival at Deip and indeed I do finde that the cause hath grown from the Ambassador here either of displeasure or of suspition that he hath against the State Ro. Condulphe for whom he knew Percival was specially sent and finding this day the Ambassador very earnest in private speech with my Lord of Leicester and my self that Percivall would be Arrested in France after that he had delivered the Queens Letters I advised him to write to the contrary for otherwise he might provoke us to do the like with his Messengers and surely if I may be suffered so will I use them I have no more to write unto you But I can assure you that the Queen of Scots was married the 15. of this May and the Nobility therewith so offended as they remain with the Prince and keep apart from her what will follow I know not My Lady your Wife is safely arrived and was long with the Queen on Sunday I thank you for the little French Book which she brought me the like whereof I had before Yours assuredly W. Cecil May 27. 1567. To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR THe matters of Scotland grow so great as they draw us to be very careful thereof I think not but you do hear of them by the reports but briefly these they be The best part of the Nobility hath confederated themselves to follow by way of Justice the condemnation of Bothwell and his Complices for the murther of the King Bothwell defends himself by the Queens maintenance and the Hambletons so as he hath some party though it be not great The 15. of this moneth he brought the Queen into the field with her power which was so small as he escaped himself without fighting and left the Queen in the field and she yielding her self to the Lords flatly denyed to grant Justice against Bothwell so as they have restrained her in Lothleven untill they may come unto the end of their pursuit against Bothwell The French Ambassador and Villeroy who is there pretend to favour the Lords with very great offers and it may be they do as much on the other side At this time I send unto you certain Packets of Letters left here by Mr. Melvin who lately came hither from the Queen of Scots the sending of those to my Lord of Murray requireth great haste whereof you may not make the Scotish Ambassador privy but I think you may make Robert Steward privy with whom you may confer for the speedy sending away of the same letters His return into Scotland is much desired of them and for the Weal both of England and Scotland I wish he were here and for his manner of returning touching his safety I pray require Mr. Steward to have good care Our Wars in Ireland are come to a good pass for the Arch-Traytor Shane-Oneale is slain by certain Scots in Ireland of whom he sought aid one murtherer killed by many murtherers hereby the whole Realm I trust will become quiet I pray you of those things that our Ambassador in Spain by your letters may be advertised whereof I cannot at this time make anyspecial letter unto him for lack of leisure and so I pray advertise him from me I am pitifully overwhelmed with business Sir Nicholas Throckmorton is shortly to pass into Scotland to negotiate there for the pacification of those troubles Yours assuredly W. Cecil Richmond 26. June 1567. To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR THis your Lackquey brought me letters from you and also from your servant Mr. whom he left at Rye for such business asby his letter he hath certified me whereof I have informed the Queens Majesty wherein she also well alloweth of your circumspection and I wish all to succeed as you advise for otherwise the peril were great Sir Nicholas Throckmorton hath been somewhat long in going into Scotland and entred by Berwick on Munday last I think the two Factions of the Hambletons and the Lenox's shall better accord then your neighbors where you now live would if Bothwell might be apprehended I think the Queen there shall be at good liberty for the Nobility My Lord of Pembrooke perceiving likelihood of troubles there in that Country would gladly have his Son Mr. Edward Herbert to return home and so I pray with my hearty commendations to him declare my Lord his Fathers minde and if my Lord of Murray should lack credit for money my Lord Steward would have his Son give him such credit as he hath for my Lord alloweth well of his friendship I am
and as it seemeth to the advantage of that Queen she took such comfort thereof as she made the Earl of Arguile Lieutenant in one part and the Earl of Huntly in another and the Duke of Chastilherault over all so as they forthwith leavyed Forces and by Proclamation threatned the Regent and all his with fire and sword who upon the Queens request had forborn hostility untill the matter might be heard and upon the 16. day of this moneth the said Regent beginning a Parliament which was appointed six weeks before and quietly holding the same without any Armes about the 19. word came to him that the Earl of Arguile was come to Glasco with 2000. and the Earl of Huntley coming out of the North with a great power to joyn with Arguile and so to come to Sterling to surprise both the place and the King upon which occasion the Earl of Murray brake up the Parliament and sent all the power that he had to stay their joyning together and as I heard the Earl of Huntley is put to the worse and so fled home-ward hereof the Queen of Scots maketh great complaint to the Queens Majesty you may do well when you have done your great Message as you see cause you may charge the Queen Mother with the breach of promise if the Duke of Chastilherault be gone forwards towards Scotland with power Yours assuredly W. Cecil Bissiter 27. Aug. 1568. Postscript I have boldly received from you sundry books and I am bold to pray you to provide for me a book concerning Architecture intituled according to a paper here included which I saw at Sir Smith's or if you think there is any better of a late making of that argument To the Right Honorable Sir Henry Norris Knight Her Majesties Ambassador Resident in France SIR YOur Lackquey arrived here on Friday in the afternoon and because the Bishop of Reynes hath not yet his audience I stay your servant Wall to bring the knowledge of that shall pass The Ambassador sent his Nephew Willcob to require Audience and that it might be Ordered to have her Majesties Council present at the Bishops Missado Her Majesty answered that they forgot themselves in coming from a King that was but young to think her not able to conceive an answer without her Council and although she could use the advice of her Council as was meet yet she saw no cause why they should thus deal with her being of full years and governing her Realm in better sort then France was so the audience being demanded on Saturday was put off untill Tuesday wherewith I think they are not contented The Cardinal Castillon lyeth at Shene Paris the rather to displease for Callis I think for E London demanded The Duke of Norfolke c. are gone to Yorke where the Dyet shall begin the last of this moneth It is Callice 90 London to the contrary shal be there any 9 7 3 590-0 Dover c. The success of the matters for good Sir I pray advertise me what you may reasonably think of practices what or any like to him I thank you for the book you sent me of Architecture but the Book which I most desired is made by the same Author and yet intituled Novels per bien bastir per Phileont de L'orn I thank you for your Placarts and instruments that you sent me by your Lackquey Yours assuredly as your brother W. Cecil Septem 27. 1568. Postscript And is well used by A the rather to displease all Papists I think he hath or shall shortly have such comfort for E as Steward demanded It is not meant if x shall be proved guilty of the Murther to restore her to V. howsoever her friends may brag to the contrary nor yet shall there be any haste made of her delivery untill the success of the matter of F and F be seen I pray you Sir advertise me what you may reasonably think of Sir Robert Staffords practices with D or any like him To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR AFter the letters of the Queens Majesty were closed up at Bissiter her Majesty stayed your Son that he might carry with him a letter for the Marshall Montmorancis wife for thanks for favor to my Lord Chamberlains daughter and for a token which her Majesty now sendeth by your Son being a Ring with a pointed Diamond I beseech you cause the letter to her to be indorsed as you shall think meet for I know not whether she be intituled Madam Lady Duchess of Calsho or Montmorancy or otherwise I write this upon the 20. being Sunday in the afternoon in Rycot where the Queens Majesty is well lodged to her great contentation as she hath commanded me to write to you lacking onely the presence of your self whom she wisheth here untill Thursday that she shall depart from hence of which Message I pray you take knowledge and give her Majesty thanks for she bad me to write thus very earnestly and so fare you well from your own house where also I am better lodged then I was in all this Progress We are truly certified by our own Ambassador from Spain who is on the way thorough France to return that the Prince is suddainly dead but by what occasion it is doubtful Yours assuredly W. Cecil 29. Aug. 1568. To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR I Have as I lately signified unto you stayed this bearer John Wall your servant to the time that this Bishop of Rhemes should have his Audience and be answered he was heard on Tuesday and at his departure was required briefly to put in writing the sum of his speech which he did as shall appear by the Copy herewith sent unto you and yet in his speech he touched an offence in the latter end of your Message notingthe Doctrine of Rome to be contrary to Christs wherein he amplified before the Queens Majesty that seeing his Master holdeth the Doctrine of Rome therefore your Majesty should repute him no Christian which speech he said was hardly born by the king in an open Audience whereunto some answer hath been made as you may see to salve the matter by turning the sence that the Doctrine of Rome was contrary to Christs in derogating c. Onely in this was some difference made although indeed your writing was warranted by the Queens Majesties letter and therefore no fault in any wise found in your doings I do send you herewith the copy of the Bishops writing exhibited and the answer of her Majesty thereto which being put in French was yesterday before the Ambassador were admitted to her Majesties presence read unto them by one of the Clarks of the Council in the presence of the Council and afterward they were brought unto her Majesty who did confirm her former answer and so they departed without further debate thereof It was thought they would have used
have received the Rebels or invaded England that have either Castle for themselves or houses for their Tenants besides the loss and spoils of their other goods wherein nothing is reckoned of that was done in the other parts by the Lord Scroope for that it was not done within the County of Tividale c. The Rode of the Lord Scroope Warden of the West marches of England into Scotland Who the 17. of April at ten of the clock at night with three thousand Horse and Foot came to Ellesingham on the Wednesday at night and burned that Town in the morning being from Carlile twenty miles On Thursday he burned besides Hoddom the Maymes the Town and all the houses which is the Lord Herryes and from Carlile sixteen miles That day they burned Trayle-trow which is the Lord Maxwells from Carlile 16. miles They burned the Town of Reywell which is the Lord Coplands and the Lord Homeyn's from Carlile eighteen miles They burned the house of Copewell and the Demesne of the Lord Coplands from Carlile nineteen miles They burned the Town of Blackshieve which is the Lord Maxwells from Carlile 20. miles Item The Town of Sherrington of the same Lords twenty miles Item The blank end of the same Lords twenty miles Item The Town of Lowzwood of the same Lords twenty miles Goods taken the same Rode one thousand Neat and one thousand Sheep and Goats Of the Scots are taken one hundred Horsmen within a mile of Dunnforest Some say that Swynborne is taken SIR BY letters from my Lords of Sussex and Hunsdon of the 29. of April it is advertised that the Castle of Hume being besieged by them and the Battery laid the 27. of April the day following the Captain sent out a Trumpet to desire a Parlie which granted the Castle desired licence to send a Messenger to the Lord Hume to know his pleasure what they should do whereupon it was agreed a Messenger should pass and one was sent with him to see that no delay should be used the Messenger at his return brought Commission from the Lord Hume to deliver the Castle simply without condition trusting to their Honors for a favourable dealing with his men whereupon the Castle was received and all the Armor and Weapons and the people licenced to depart without Bag or Baggage and now the same remaineth newly fortified to the Queens Majesties charge more stronger then it was before to the intent the Rebels may not have their refuge thither as they had before By other letters of the first of May from my Lord of Sussex it is advertised that the most part of the March of East Tividale Esdale Ewesdale Wawcopdale and other parts upon the Borders from the East to the West Seas affirm their continuance of obedience to their King desire the Amity betwixt both Realms offer to spend their lives in the resisting of any Forreign power that shall offer the disturbance of either refuse dependence upon the French offer to depend upon the Queens Majestie and in their actions have refused to receive the Rebells or to assist the invaders of England the like whereof all others do offer that acknowledge that authority The contrary part openly receive the Rebels maintain the invaders of England share in their actions and ill meaning to England and seek dependence and maintenance of the French The Earls of Morton Murray and Glencarne with others of the Kings Council prepared to be at Edenburgh the 29. of the last whereupon the Duke of Chastilherault and Huntley went to Lithgo the 28. to stop their meeting and the 29. Morton went out of Edenburgh with a thousand men to meet the other Earls a By-wayl and so came together that night to Edenburgh with all their Forces or to fight for it in which time the Lords of Hume and Liddington be entred the Castle with Grange so as it is likely they will try shortly by the sword which side shall have the Authority W. Cecil IT may please you to be advertised according to my Lord Lieutenants direction I entered into Scotland on Tuesday at night last the 18. of this April and on Wednesday at night encamped at Heclesengham within Hoddom distant from Carlile 18. miles and within Scotland 12. miles and on Thursday in the morning I sent forth Simon Musgrave appointed by me as General of the Horsemen to burn and spoile the Country and to meet me at a place called Cambretreys and the said Simon burnt the Towns of Hoddome and the Maynes Troltrow Rovel and Calpoole the Town of Blackshaw Sherrington the Banck end within three miles of Dumfriese Lowgher and Lowgherwood and Hecklsengham which Towns were of the Lands of the Lord Herryes and Maxwell the Lord of Cockpoole and the Lord of Holmends and as the said Simon and his company came to old Cockpool there was the Lord Maxwell with his Forces and the Inhabitants of Dumfriese assembled and skirmished with the Couriers and compelled them to return unto the said Simon and then the said Simon marched unto the Town of Blackshaw with his Company where the Lord Maxwell was in order and his Forces and the said Simon and Fargus Graime with the number of a hundred Horse-men did give the charge upon the said Lord Maxwell and made him flee and his Company also In which fight there were a hundred prisoners taken whereof the principal was the Alderman of Dumfriese and 16. of the Burgesses thereof the rest were Footmen the chase was followed within one mile of Dumfriese after which conflict the said Simon returned to Blackshaw aforesaid and burnt it and seised a great number of Cattle and delivered the same unto certain Gentlemen and others to convey unto me and he the said Simon Rode with a hundred Horsmen to burn the Banck end Lowgher and Lowgherwood and as the said Gentlmen with their Company came to a streight place neer unto Old-Cockpool the said Lord Maxwell the Lord Carlile the Lords of Holme-ends Closburne Lorgg Hempsfeild Cowhill and Tenoll with the number of four hundred horsemen and six hundred footmen charged them very sore and forced them to alight and draw their company to a strong place to abide the charge of their enemies and so they remained untill the said Simon came unto them and alighted and put his Company in Order and set his Horse between his Company and the Sea and so stood in order to receive the enemy and in this sort continued charging and receiving their charges the space of three hours I being at Cambretreys aforesaid a place before appointed between me and the said Simon for his relief being distant from him three miles understanding of some distress sent my Band of Horsmen with my brother Edward Scroope and a hundred and fifty shot with Mr. Awdley and Mr. Herbert to their relief and the said Simon upon the coming of the said Band of horsemen and Shot gave the enemies the charge with all his Forces whereupon they fled in which
entertainments in Forrein parts It had been an easie thing for you to set Carlile or some other blood-hound on work when your person had been beyond the Seas and so this news might have come to you in a packet and you might have looked on how the storm would pass but God bereaved you of this fore-sight and bound you here under that hand of a King that though abundant in Clemenev vet is no less ze lons of Justice Again when you came in at Lambeth you might have persisted in the denial of the procurement of the fact Carlile a resolute man might perhaps have cleared you for they that are resolute in mischief are commonly obstinate in concealing their porcurers and so nothing should have been against you but presumption But then also God to take away all obstructions of Justice gave you the grace which ought indeed to be more true comfort to you than any device whereby you might have escaped to make a clear and plain Confession Other impediments there were not a few which might have been an interruption to this dayes Justice had not God in his Providence removed them But now that I have given God the Honour let me give it likewise where it is next due which is to the King our Sovereign This Murther was no sooner committed and brought to his Majesties ears but his just indignation wherewith he first was moved cast it self into a great deal of care and prudence to have Justice done First came forth his Proclamation somewhat of a rare Form and devised and in esfect dictated by his Majesty himself and by that he did prosecute the Offendors as it were with the breath and blast of his Mouth Then did his Majesty stretch forth his long Arms for Kings have long Arms when they will extend them one of them to the Sea where he took hold of Grey shipped for Luedia who gave the first light of Testimony the other Arm to Scotland and took hold of Carlile ere he was warm in his house and brought him the length of his Kingdom under such safe watch and custody as he could have no means to escape no nor to mischief himself no nor learn no lessons to stand mute in which case perhaps this dayes Justice might have received a stop so that I may conclude his Majesty hath shewed himself Gods true Lieutenant and that he is no Respecter of persons but English Scottish Noblemen Fencer are to him alike in respect of Justice Nay I must say further That his Majesty hath had in this a kind of Prophetical Spirit for what time Carlile and Grey and you my Lord your self were fled no man knew whether to the four winds the King ever spake in a confident and undertaking manner That wheresoever the Offenders were in Europe he would produce them forth to Justice of which noble word God hath made him Master Lastly I will conclude towards you my Lord That though your Offence hath been great yet your Confession hath been free and your behaviour and speech full of discretion and this shews That though you could not resist the Tempter yet you bear a Christian and generous spirit answerable to the noble Family of which you are descended This I commend in you and take it to be an assured Token of God smercy and favour in respect whereof all worldly things are but Trash and so it is fit for you as your state now is to account them and this is all I will say for the present My Lady Shrewsburies Cause Your Lordships do observe the Nature of this Charge MY Lady of Shrewsbury a Lady wise and that ought to know what duty requireth is charged to have refused and to have persisted in refusal to answer and to be examined in a High cause of State being examined by the Council-table which is a Representative body of the King The nature of the cause upon which she was examined is an essential point which doth aggravate and encrease this contempt and presumption and therefore of necessity with that we must begin How graciously and Parent-like His Majesty used the Lady Arbella before she gave him cause of Indignation the world knoweth My Lady notwithstanding extreamly ill-advised transacted the most weighty and binding part and action of her life which is her Marriage without acquanting His Majesty which had been a neglect even to a mean Parent But being to Our Sovereign and she standing so near to His Majesty as she doth and then choosing such a Condition as it pleased her to chuse all parties laid together how dangerous it was my Lady might have read it in the fortune of that house wherewith she is matched for it was not unlike the case of Mr. Seymers Grandmother The King nevertheless so remembred He was a King as He forgot not he was a Kinsman and placed her only sub libera custodia But now did my Lady accumulate and heap up this offence with a far greater than the former by seeking to withdraw her self out of the Kings Power into Forreign Parts That this flight or escape into Forreign Parts might have been seed of trouble to this State is a matter whereof the conceit of a Vulgar person is not capable For although my Lady should have put on a mind to continue her Loyalty as nature and duty did bind her yet when she was in another sphere she must have moved in the motion of that O b and not of the Planet it self And God forbid the Kings felicity should be so little as she should not have envy and enviers enough in Forreign Parts It is true if any forreigner had wrought upon this occasion I do not doubt but the intent would have been as the Prophet saith They have conceived mischief and brought forth a vain thing But yet your Lordships know that it is Wisdom in Princes and it is a watch they owe to themselves and to their people to stop the beginnings of evils and not to despise them Seneca saith well Non jam amplius levia sunt pericula si levia videantur dangers cease to be light because by delpâ—sing they grow and gather strength And accordingly hath been the practice both of the Wisest and stoutest Princes to hold for matter pregnant of peril to have any near them in blood flie into Forreign Parts Wherein I will not wander but take the example of King Hen. 7. a Prince uot unfit to be parallel'd with his Majesty I mean not the particular of Perkin Werbeck for he was but an idol or a disguise but the example I mean is that of the Earl of Suffolk whom that King extorted from Philip of Austria The story is memorable That Philip after the death of Isabella coming to take Possession of His Kingdom of Castilia which was but Matrimonial to His Father in Law Ferdinando of Arragon was cast by weather upon the Coast of Tamouth where the Italian story saith King Henry used him in all things else as
the Laws thereof and nothing will oblige them more then a confidence of the free enjoying of them What the Nobles upon an occasion once said in Parliament Nolumus leges Angliae mutari is imprinted in the hearts of all the people 3. But because the life of the Lawes lies in the due execution and administration of them let your eye be in the first place upon the choice of good Judges These properties had they need to be furnished with To be learned in their profession patient in hearing prudent in governing powerful in their elocution to perswade and satisfie both the parties and hearers just in their judgement and to sum up all they must have these three Attributes They must be men of courage fearing God and hating covetousness An ignorant man cannot a Coward dares not be a good Judge 4. By no means be you perswaded to interpose your self either by word or letter in any cause depending or like to be depending in any Court of Justice nor suffer any other great man to do it where you can hinder it and by all means disswade the King himself from it upon the importunity of any for themselves or their friends If it should prevail it perverts justice but if the Judge be so just and of such courage as he ought to be as not to be inclined thereby yet it alwayes leaves a taint of suspition behind it Judges must be as chaste as Caesars wife neither to be nor to be suspected to be unjust and Sir the honour of the Judges in their judicature is the Kings honour whose person they represent 5. There is great use of the service of the Judges in their circuits which are twice in the year held throughout the Kingdome the trial of a few causes between party and party or delivering of the gaols in the several Counties are of great use for the expedition of justice yet they are of much more use for the government of the Counties through which they passe if that were well thought upon 6. For if they had instructions to that purpose they might be the best intelligencers to the King of the true state of his whole Kingdom of the disposition of the people of their inclinations of their intentions and motions which are necessary to be truly understood 7. To this end I could wish that against every Circuit all the Judges should sometimes by the King himself and sometimes by the Lord Chancellor or Lord Keeper in the Kings Name receive a charge of those things which the present times did much require and at their return should deliver a faithful Account thereof and how they found and left the Counties through which they passed and in which they kept their Assizes 8. And that they might the better perform this work which might be of great importance it will not be amiss that sometimes this Charge be publick as it useth to be in the Star-Chamber at the end of the Terms next before the Circuit begins where the Kings care of Justice and the good of his People may be published and that sometimes also it may be private to communicate to the Judges some things not so fit to be publickly delivered 9. I could wish also that the Judges were directed to make a little longer stay in a place than usually they do a day more in a County would be a very good addition although their wages for their Circuits were increased in proportion it would stand better with the Gravity of their imployment whereas now they are sometimes enforced to rise over-early and to sit over-late for the dispatch of their business to the extraordinary trouble of themselves and of the people their times indeed not being horae juridicae And which is the main they would have the more leisure to inform themselves quasi aliud agentes of the true estate of the Countrey 10. The attendance of the Sheriffs of the Counties accompanied with the principal Gentlemen in a comely not a costly equipage upon the Judges of Assize at their coming to the place of their sitting and at their going out is not only a Civility but of use also It raiseth a Reverence to the persons and places of the Judges who coming from the King Himself on so great an Errand should not be neglected 11. If any sue to be made a Judge for my own part I should suspect him but if either directly or indirectly he should bargain for a place of Judicature let him be rejected with shame Uendere jure potest emerat ille prius 12. When the place of a chief Judge of a Court becomes vacant a puisne Judge of that Court or of another Court who hath approved himself fit and deserving would be sometimes preferred it would be a good encouragement for him and for others by his example 13. Next to the Judge there would be care used in the choice of such as are called to the degree of Serjeants at Law for such they must be first before they be made Judges none should be made Serjeants but such as probably might be held fit to be Judges afterwards when the experience at the Bar hath fitted them for the Bench Therefore by all means cry down that unworthy course of late times used that they should pay moneys for it It may satisfie some Courtiers but it is no Honour to the person so preferred nor to the King who thus prefers them 14. For the Kings Councel at the Law especially His Attorney and Sollicitor General I need say nothing their continual use for the Kings Service not only for His Revenue but for all the parts of His Government will put the King and those who love His Service in mind to make choice of men every way fit and able for that Employment they had need to be learned in their Profession and not ignorant in other things and to be dextrous in those Affairs whereof the dispatch is committed to them 15. The Kings Attorney of the Court of Wards is in the true quality of the Judges therefore what hath been observed already of Judges which are intended principally of the three great Courts of Law at Westminster may be applied to the choice of the Attorney of this Court 16. The like for the Attorney of the Dutchy of Lancaster who partakes of both qualities partly of a Judge in that Court and partly of an Attorney General for so much as concerns the proper Revenue of the Dutchy 17. I must not sorget the Judges of the four Circuits in the twelve Shires of Wales who although they are not of the first Magnitude nor need be of the degree of the Coyfe only the Chief Justice of Chester who is one of their number is so yet are they considerable in the choice of them by the same Rules as the other Judges are and they sometimes are and fitly may be transplanted into the higher Courts 18. There are many Courts as you see some superior some provincial and some of a
some speeches concerning the Cardinal Castillon whom they finde very well and courteously used here by the Queens Majesties order but they have not hitherto spoken a word of him At their first being here on Tuesday they told the Queens Majesty that they had newly received letters out of France by which they were given to understand that Martignes pursued Dandelot and overthrew all his force and made him to flye which news was onely heard and not credited insomuch as the next day following we heard credibly that Martignes had indeed pursued certain followers of Dandelot at the passage of Leyer which Dandelot had before safely passed with all his Forces Footmen and Horsemen and perceiving that Martignes had used some cruelty upon a small number of simple people that followed Dandelot he returned over the water with his Horsemen and avenged the former injury upon Martignes and from thence went to Rhemes where finding certain of the Presidents or Judges which had given order to destroy all that could be found of the Religion he executed their own Law upon some of them and hanged some of the Judges which news being brought unto us the day after he had given us the other for a farewell he was this day welcomed with these the rather because they touched his own Town of Reynes and I wish them to be true to cool their heating of lying The Cardinal Castillons wife is come over whom I think the Queen means to use very well The Duke of Chastilherault comes hither to morrow to the Queens Majesty but I think he shall not be permitted to go to the Queen of Scots very hastily If by the next letters it shall not appear that you can have Rowland delivered and your letters restored I perceive the Queens Majesty will be well content that some one of theirs shall be stayed in the like manner And so I end Yours assuredly W. Cecil Windsor 1. Oct. 1568. Postscript I pray send me word whether you thought diot to be suspected of the matter concerning the or no. By the next which shall be by my Lady your wise I will change my Cipher To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR THis present being the 18. your servant came with your letters of the 12. which I longed much for not having of a great time heard from you The Prince of Orange passing the and his proceeding cannot be unknown to you and therefore I leave to write thereof The French Ambassador promised once to write favorably in this poor mans behalf but this morning he sent his Nephew to me declaring that considering he perceived much favor shewed by us to the King his Masters Rebels he could not without some misliking write in favor of our Countrimen I required of him whom in particular he could name as Rebels that had favor of us he would name none I told him we accepted the Cardinal Chastillon as a Nobleman and a good faithful subject and Councellor to the King for that upon pride and inveterate malice done to him by the Cardinal of Lorrein he was by him and his so persecuted as he could not live in France without danger of his life and I told him we had the more cause to favor him and all such because the said Cardinal Lorrein was well known to be an open enemy to the Queens Majesty our Sovereign So he departed with no small misliking and I well contented to utter some round speeches The Queens Majesty is resolved to set out certain of our Ships to Britain and Guyen to preserve our Burdeaux Fleets from depredations whereupon I think there will be some misliking uttered there to you But considering the frequent Piracies already committed and the menacing of the Pyrats to our Burdeaux Fleet we can do no other and so you may answer I think this Ambassador will advertise many devices of suspitions of our aiding of the Prince with Money Shot and Powder but the King shall never finde her Majesty to do any thing therein to be reprehended If in case of Merchandize for Salt or Wine the Princes Ministers can borrow things of our Merchants I know not how to remedy secret bargains where Merchandize is in use The Treaty of York shall cease for a while for that some of the Commissioners on either side are sent for hither to confer with her Majesty The Queen of Scots case appeareth not defensible by her own In so much as they intend another course to make the Duke of Chastilherault their head and provide for themselves And so having no more at this present I end with my hearty thanks for your kind accepting of my friendly good will that I bear you Yours assuredly W. Cecil Westm. 28. Oct. 1568. To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR IT seemeth long since I heard from you trusting that my Lady and your Son came safely to you although their passage was very hard at Rye We hear many divers news of the matters in France But I give no credit untill you shall play the Bishop and confirm them Our Commissioners at York have heard the Queen of Scots complaint and the answer of the other part wherein they have forborn to charge the Queen with the murther upon some reasonable respects not knowing what end they will make if they should charge and prove her guilty hereupon the Queens Majesty hath sent for some on either part Sir Ra Sadler came hither yesterday and the Bishop of Ross and the Lord Harris for the Scotish Queen came this day and so shall Liddington and Mackgill for the Prince It is mentioned to have a composition whereto the Scotish Queen as they say is very willing Dover But A and B for the more part are earnestly disposed and if as it is thought very probable then so to be 7 for other wise quietness will never long continue The Queens Majesty finding her subjects continually spoiled by the French upon the Seas is forced to send Mr. Winter to the Seas with 4. Ships of her Majesties and two Barks I know how many tales will be spred of his going but truly you may avow that his going is wholly to preserve our Fleet at Burdeaux from Piracy and therefore he is appointed to go towards Burdeaux with A hath agreed and for the son to have I hear say that some of our Merchants in London have bargained with certain Merchants of Rochell and thereabout to buy a quantity of Salt wherewith it is likely that the King there when he shall hear thereof will be very suspicious but in such cases Merchants must be permitted to make their bargains and so you shall have reason to maintain their doings The Cardinal Chastillion sheweth himself so quiet a person and in all his languages so faithful a servant to the King his Master as he meriteth great commendations he medleth in nothing here but wholly occupyed
in exercise of his Religion he continually lamenteth that grave Councellors perswading peace are not of more power and credit in the Court. Whatsoever this French Ambassador shall report of him he cannot truly report any evil of him I hear La Mot is on his way at Callis to come hither I think surely some of yours are on the way I pray send me a Register or List of the Chieftains on the Kings part and also on the contrary Sir I do send you herewith a new Cipher Yours assuredly W. Cecil To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR YOur last letters that came to my hands were of the 29. of the last moneth by which you signified to me the advertisements which you then had of the taking of Angulesme since which time sundry reports are brought hither of Battels that should be betwixt the parties whereof lacking advertisements from your self I do give credit unto none by reason of the diversities of the reports On Sunday last La Mot was presented by Mounsieur de la Forest the former Ambassador whom the Queens Majesty hath admitted as Ambassador for the French King and seemeth to like well of his wisdom whereof hitherto for mine own part I have not had any proof The cause of the Queen of Scots is now to be heard here for which purpose the Duke of Norfolk and the Earl of Sussex are sent for from York and are to be here within these two days and presently the Earl of Murray the Earl Morton with certain other Noble men of his part are already come and on the Queens part the Bishop of Ross and the Lord Herryes be at London and do daily look for some other Commissioners to joyn with them because her Majesty meaneth to have the whole matter advisedly heard she hath appointed an Assembly not onely of her whole Council but of all the Earls of the Realm to be here the 18. of this moneth at which time her Majesty meaneth to have this cause of the Queen of Scots fully heard and therein to take such resolution and end as she shall be advised unto by her said Council and Estates The last letters which you sent unto the Queen wherein as her Majesty saith you made declaration of your Message done to that King concerning the Cardinal Chastillons being here was by her Majesty casually let fall in the fire and so burnt whereupon her Majesty being sorry for that she had not advisedly perused it willed me to write unto you for the copy of the same letter again which I pray you to send me by the next I would be glad to hear a brief or as they call it a list of the names of the principal persons that have a charge now in these wars in France on both parts with the contents as near as you can of their numbers After the writing hereof this present evening as the bearer hereof can tell Mr. Edmonds came hither with your letters to the Queens Majesty by which I am satisfied for those reports that were made of the great sights at Angulesme and of that which hath been here reported by the French Ambassador of the overthrow of Mouvans which I am glad is not true as he reported and so finding nothing else to be answered I thought good to dispatch this bearer with this my letter to the intent we might the sooner hear of your news whereupon dependeth the whole expectation of the Christian world Yours assuredly W. Cecil Hampton-Court 16. Nov. 1566. Postscript Before Mr. Edmonds came you may see what I wrote of the To the Right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR BY your last letter sent to me by this bearer your servant I perceived how good hap it was for our satisfaction here that your letters came not away with the report of the victory whereof the King there advertised you by a special Messenger untill you had also knowledge of the truth thereof by Villeroys coming from the Camp after the first message for like as the former part of your letters made mention of a great Victory for the King and an overthrow of the Princes whole Infantry So have many letters been written hither from Paris and other places according to the partial affections of the Writers in affirmance thereof adding for their confirmation certain solemnities by Processions and such like used at Paris for the same nevertheless I account the truth to be as in the latter part of your letter you write that there was no such manner of battel but certain skirmishes wherein there was no great inequality and yet because I hear it also credibly reported that the Prince of Conde lodged and kept the field where the skirmishes were I think his losses were less then the others whereof I think within a while to know the truth more particularly This matter of the Queen of Scots began to be heard and treated on at Westminster the 25. of the last moneth since which time there hath been sittings five or six several days and yesterday the Queen of Scots Commissioners having matter to answer whereby the Queen their Mistriss was charged with the murther of her husband they alleadged that they would go no further being so commanded by letters from her received since the beginning of this Commission and have required to speak with the Queens Majesty of whom they pretend they will desire to have the Queen their Mistriss to come to the presence of her Majesty and answer these causes her self whereunto how they shall be answered I cannot tell but for that purpose and others her Majesty hath presently sent for her Council who be here at present and so shall the Queen of Scots Commissioners be to morrow and hereafterward as matters shall fall out I will advertise you further and so take my leave Yours assuredly W. Cecil Hampton-Court 2. Decem. 1568. To the Right honorable Sir Henry Norris Knight her Majesties Ambassador Resident in France SIR SInce my last writing by your servant Buffin I have forborn to write because I thought both to hear somewhat more from you and to have also somewhat here to write unto you Since which time I have received no letters from you but such as the poor Merchants of Ireland brought me being dated the 25. of the last moneth which came hither on Saturday last being the 11. of this moneth and considering the multitude of tales reported here to us of the conflict about the 18. I was nothing satisfied with the said last letters because touching that matter they did refer me to your former against which the French Ambassador here hath precisely given unto us news in the name of the King his Master wholly to the disadvantage of the Prince and therefore I wish you had written thereof now at the latter time somewhat more particularly I did of late write to you for the copy of the letter