Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n common_a england_n law_n 1,448 5 5.0871 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A48796 The states-men and favourites of England since the reformation their prudence and policies, successes and miscarriages, advancements and falls; during the reigns of King Henry VIII. King Edward VI. Queen Mary. Queen Elizabeth King James. King Charles I. Lloyd, David, 1635-1692. 1665 (1665) Wing L2648; ESTC R200986 432,989 840

There are 9 snippets containing the selected quad. | View lemmatised text

World the good Knight was forced out of his house and the Kingdom He was the first that said Policy is not the learning of some Rules but the Observation of Circumstances with a present minde in all junctures of affairs which he would say was their happiness onely that had good memories For when one said he had seen much heard more and read most You were said he a more compleat man could you say I remembered as much Secretary Walsingham would say My Lord stay a little and we shall have done the sooner Secretary Cecil said It shall never be said of me That I will defer till to morrow what I can do to day And Sir Richard Morisin Give me this day and take the next your self Noble was his Resolution when he said He scorned to take pensions from an Emperour of Germany since an Emperour of Germany took pay of the King of England His statute was something tall and procured him reverence his temper reserved and commanding security to his person and his business He that knoweth to speak well knoweth also where he must hold his peace said the old Graecian Think an hour before you speak and a day before you promise said this English-Roman With Ferdinand the Emperour he prevailed for the Popes assistance and with Maximilian for his Masters against the French Never was his Master Henry so high as to set him above treating nor his Soveraign Edward so low as to make him afraid of War although he looked upon the way of Treaties as a retiring from fighting like Beasts to arguing like men whose strength should be more in their Understandings then in their Limbs I have said a great Prince greater confidence in my Reason then in my Sword and am so resolved to yeild to the first that I thought neither my self nor others should use the second if once we rightly understood one another It 's humane to use Reason rather than Force and Christian to seek peace and ensue it Christian was his Temper and Religious his carriage so charitable that he relieved the Confessors as though he had been none himself and so constant that he continued his sufferings as if there were no other Much good did his Countenance do the Exiles in the Courts of Forreign Princes and more his Authority at the Troubles of Frankford where his Motive to love was the hatred of the Enemy Observations on the Life of Doctor Nicholas Wotton NIcholas Wotton son to Sir Robert born at Bockton-malherb in the County of Kent a place so named from some noxious and malignant herbs growing therein was bred in Oxon Doctor of the Civil Laws and was the first Dean ●f the two Metropolitan Churches of Ganterbury and York He was Privy-Counsellour to four successive Soveraigns viz. 〈…〉 ing Henry the VIII Edward the VI. Queen Mary Elizabeth He was employed thirteen several times in Emassies to Forreign Princes Five times to Charles the Fifth Emperour Once to Philip his son King of Spain Once to Francis the First King of France Once to Mary Queen of Hungary Governess of he Netherlands Twice to William Duke of Cleve Once to renew the peace between England France and Scotland Anno 1540. Again to the same purpose at Cambray Anno 1549. Once sent Commissioner with others to Edenburgh in Scotland 1560. He refused the Archbishoprick of Canterbury proferred him in the first of Queen Elizabeth He died January 26. in 1566. being about seventy years of Age and was buried in Canterbury Justinian reduced the Law of Nations to one Body and Doctor Wotton comprehended them in one Soul Publick was his spirit and such his thoughts That profession that was designed for the settlement of the worlds commerce was now confined to a Bishops Court a Churchwardens Oath or a rich mans Will when this excellent Person first enlarged it as far as the sea in the Cases of the Admiralty and as wide as the world in the Negotiations of Embassie Others were trusted with the Interest of Princes He with that of Nations He that saw him would think he could deny nothing so modest Scholar-like his looks He that heard him would judge he would grant nothing so undeniable his Reason so irrefragable his Arguments His speech was as ready as his resolution was present His apprehension quick and clear his method exact his reading vast and indefatigable his memory strong as to things though not to words tenacious his elocution copious and flowing What 〈…〉 Henry Wotton said of sir Philip Sidney I may say 〈◊〉 Nicholas Wotton That he was the very measure of congruity What that Counsellour writ to the Frence King in a great sheet when he required his Advice that our Doctor advised our Princes in several Discourses viz. Madus A Mean Sir said King Henry to him now not forty years old I have sent a Head by Cromwel a Purse by Wolsey a Sword by Brandon and I must now send the Law by You to treat with my Enemies Augustus lamented for Varrus his death because he said Now I have none in my Countrey to tell me the truth With Wotton went off that faithfulness that Peasants have and Princes want None more resolute abroad none more bold and downright at home His plain dealing saved King Henry some Treasure King Edward the North Queen Mary Calice for a while and Queen Elizabeth her Faith and Crown A Vertue that made him the Overseer of most Forreign Ministers Actions abroad and one of the sixteen Executors of King Henry's Will and Testament at home Gardiner was sly and close but Wotton prudent and wise In the Treaty at Calice there are two things remarkable of our Doctor 1. That he first insisted on the peace with France before that of Scotland 2. He would say Rather give away Calice then reserve a Right in it fifteen years hence for never was the Interest of any Nation so constant as to keep a promise half so many years Indeed Sir Cecil's reach went no further for a Layman then Doctor Wotton for a Church-man Therefore they two were pitched upon for the management of the Intrigues and Affairs of Scotland Many envied this happy man but none could be without him who was the Oracle of both Laws at Councels who could sum up the merit of any Cause recollect the circumstances of any Affair and shew Tables of Trade Commerce Situations Counsels Revenue Interest c. the readiest and exactest any in England But all these Qualifications must die and he with them leaving it as his Advice First To Church-men To understand well the Common and canon-Canon-Law as well as the Divine by the first whereof they might understand their right as by the second they informed themselves and others● their duty Secondly To Statesmen Travel and History Thirdly To Embassadors 1. A good Purse 2. A noble and sober Train 3. Constant correspondent and observation 4. A happy medley of Debonai● ness and Complacency Reservedness and Gravity with the first he had taken
jurisdiction in many particulars The fitter they are for the peace of the Kingdome 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 King's service sake nor any put out for the disfavour 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 to be the severer part but the milder part which is mercy is wholly left in the King 's 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 minde 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 King's Majesty as the head of that great body By the King's authority alone and by his Writs they are assembled and by him alone they are prorogued and dissolved but each House may adjourn it self 29. They being thus Assembled are more properly a Council to the King the Councel of the Kingdome 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 King 's Royal assent They are but Embroys '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 judgements which have been given in the Court of King's Bench which is the Court of highest jurisdiction in the Kingdome 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 potest as 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 misdemeauors in or towards that House and have not nor ever had power so much as to administer an Oath to prepare a judgement 33. The true use of Parliaments in this Kingdome is very excellent and they would be often called as the affairs of the Kingdom shall require and continued so 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 o●ght to do with any foreign King or State we shall be at a miserable losse for wa●t of Learned men in that profession III. I come now to the consideration of those things which concern Councellors of State The Council Table and the great Offices and Officers of the Kingdome which are those who for the most part furnish out that honourable Board I. Of Councellors there are two sorts The first Consiliarii ●ati as I may term them such are the Prince of Wales and others of the King's Sons when he hath more of these I speak no● for they are naturally born to be Councellors to the KING to learn the art of Governing betimes 2. But the ordinary sort of Councellors are such as the King out of a due consideration of their worth and abilities and withal of their fidelities to his Person and to his Crown calleth to be of Councel with him in his ordinary Government And the Council-Table is so called from the place where they ordinarily assemble and sit together and their Oath is the onely ceremony used to make them such which is solemnly given unto them at their first admission These honourable persons are from thenceforth of that Board and Body They cannot come untill they be thus called and the King at his pleasure may spare their attendance and he may dispense with their presence there which at their own pleasure they may not do 3. This being the quality of their service you will easily judge what care the King should use in his choice of them It behoveth that they be persons of great trust and fidelity and also of wisdome and judgement who shall thus assist in bearing up the King's Throne and of known experience in publick affairs 4. Yet it may not be unfit to call some of young years to train them up in that Trade and so fit them for those weighty affairs against the time of greater maturity and some also for the honour of their persons But these two sorts not to be tyed to so strict attendance as the others from whom the present dispatch of business is expected 5. I could wish that their number might not be so over-great the persons of the Councellors would be the more venerable And I know that Queen Elizabeth in whose time I had the happinesse to be born and to live many years was not so much observed for having a numerous
humane Nature saith Judge Dodderidge are Conscience and Law By the former we are obliged in reference to another world by the latter in relation to this Priests and Judges are the Dispensers of these Principles No Prince more unhappy in his Priests then King Henry whose unhappiness it was that all the juggle prevarication and imposture of his time was in the Pulpit none more happy in his Judges to whose Reason his People were more willing to submit then they were to hearken to his Clergy's Instruction among whom none more renowned then Sir John Fiz-James who was so fearful of the very shadow appearance of corruption that it cost his chief Clerk his place but for taking a Tankard after a signal Cause of 1500 l. a year wherein he had been serviceable though not as a Bribe but as a Civility Caesar would have his Wife without suspicion of lewdness and Fitz-James his servants without the appearance of corruption What was Law alwayes was then a Resolution Neither to deny nor defer nor sell Justice When our Judge came upon the Bench he knew no more then Melchisedech or Levi Father or Mother neither Friend nor Interest for when his Cousin urged for a kindeness Come to my House saith the Judge I will deny you nothing come to the Kings Court and I must do you justice And when the Attorney-General bespake his favour in a publick Cause Trouble not your self said he I 'll do the King right The King is cast the Attorney expostulates the Judge satisfieth him That he could not do his Majesty Right if he had not done justice His Prudence so tempered his zeal for his Soveraign that he over-strained not the Prerogative to bring in fears and jealousies of Tyranny on the one hand and his Integrity so balanced his Popularity that he never depressed it to broach bold opinions and attempts of Liberty on the other complying with none of those humours that an imaginary dread of oppression or a dangerous presumption of freedom may transport to irregular excesses either for the one or against the other As his Majesty was secured by his Loyalty so his Subjects were by his Patience a Vertue he carried with him to the Bench to attend each circumstance of an Evidence each allegation of a Plea each plea in a Cause hearing what was impertinent and observing what was proper His usual saying as Sergeant Mandevil reports it being We must have two souls as two sieves one for the Bran the other for the flour the one for the Gross of a Discourse the other for the Quintessence The same day that there was no Cause to be tried in the Chancery in Sir More 's time there were but three in the Kings Bench in Sir John Fitz-James his time the reason whereof some imagine was Cardinal Wolsey's extraordinary power that engrossed all Causes to his Legantine Court others know it was the Judges Integrity who was too honest to allow as that Age was too plain to contrive delays and obstructions Lewis the Eleventh of France would say when he was advised to take Revenge of those that had affronted him before he came to the Crown That it became not the King of France to revenge the Injuries done to the Duke of Orleans A Person that had notoriously wronged Sir John when a Templer in the case of his Chamber was to be tried before him for his whole Estate when a Judge the Adversaries among other shifts made use of this old Quarrel whereupon Sir John said It doth not become a Judge upon the Bench to revenge a wrong done in his chamber Two things upheld him in those boysterous times 1. Silence 2. Patience both wary Vertues that seldom endanger their Owner or displease their Superiours The People of those times would live and die with the Pope and Councel and this Judge with the King and Parliament The grand Article of his Faith was I believe as the Church believes and the great Rule of his Practice was I will live as the Law directs He was a tried Man whose Faith and Honour was above his Life and Fortune whose Generosity was above that first temptation of Money as his Spirit was above the second of Danger No fear here of delivering up Priviledges to day for fear of the King or Prerogative to morrow for fear of the Subject No an unbiass'd Temper between both make up this honest man who came on to preferment with great Expectations and went off with great Applause being one of the three men of whom it is said That because they never pleased their Master in doing any thing unworthy they never displeased him in doing any thing that is just When base compliance goeth off with the contempt of those it hath humoured a Noble Resolution comes off with the Reverence of those it hath discontented Observations on the Life of Sir William Molineux SIr William Molineux Junior Descendent from from the former flourished under King Henry the Eighth being a man of great command in Lancashire bringing the conside able strength thereof to the seasonable succour of the Duke of Norfolk with whom he performed signal service in Flodden Field It is confessed on all sides that the Scots lost the day by not keeping their Ranks but not agreed on the cause thereof Buchanan who commonly makes the too much Courage of his Countrymen the cause of their being conquered imputes it to their indiscreet pursuing of the English routed at the first Others say They did not break their Ranks but were broken unable to endure the Lancashire Archers and so forced to sunder themselves In this Bittel the Scotch King and chiefest Gentry were slain the English losing scarce any of the Scots scarce any but of prime note The King afward wrote his Gratulatory Letter to Sir William Molineux in form following TRusty and Well-Beloved We greet you well And understand as well by the Report of Our Right Trusty Cousin and Counsellour the Duke of Norfolk as otherwise what acceptable service You amongst Others lately did Vs by your valiant Towardness in the assisting of Our said Cousin against Our Enemy late King of Scots and how couragiously you as a very hearty loving Servant acquitted your self for the overthrow of the said late King and distressing of his Malice and Power to Our great Honour and the advancing of your no little Fame and Praise for which We have good cause to favour and thank you and so We full heartily do and assured may you be that We shall in such effectual wise remember your said Service in any your reasonable pursuits as you shall have cause to think the same right well imployed to Our comfor and weal hereafter Given under Our Signet at Our Castle at Windsor the seven and twentieth of November It appears by our Author that the like Letters mutatis mutandis were sent unto Sir Edward Stanley and some other men of principal note in Lancashire and Cheshire There is more in the
Charity Observations on the Life of Sir Thomas Wentworth SIr Tho. Wentworth of Nettlested in Suffolk so a younger Family confessed by the Crescent in his Coat descended from the Wentworths of Wentworth-wood-house in York-shire and was created Baron Wentworth by King Henry 8. He was a stout and valiant Gentleman a cordial Protestant and his Family a Sanctuary of such Professors John Bale comparing him to the good Centurion in the Gospel and gratefully acknowledging him the cause of his conversion from a Carmelite The memory of this good Lord is much but unjustly blemished because Calis was lost the last of Queen Mary under his Government The manner was huddled up in our Chronicles least is best of bad business whereof this is the effect The English being secure by reason of the last Conquest at St. Quintin and the Duke of Guise having notice thereof he sate down before the Town at the time not when Kings go forth to but return from battle of mid-winter even upon New-years-day Next day he took the two Forts of Risebank and Newman-bridge wherein the strength of the City consisted but whether they were undermined or undermoneyed it is not decided and the last left most suspitious Within three days the Castle of Calis which commanded the City and was under the command of Sir Ralph Chamberlain was taken the French wading through the Ditches made shallower by their artificial cut and then entring the Town were repulsed back by Sir Anthony Ager Marshal of Calis the onely man saith Stow who was killed in the fight understand him of note others for the credit of the business accounting fourscore lost in that service The French re-entring the City the next day being Twelfth-day the Lord Wentworth Deputy thereof made but vain resistance which alas was like the wrigling of a Worms tayl after the head thereof is cut off so that he was forced to take what terms he could get viz. That the Towns-men should depart though plundered to a Groat with their lives and himself with 49 more such as the Duke of Guise should chuse should remain prisoners to be put to ransome This was the best news brought to Paris and worst to London for many years before It not onely abated the Queens chear the remnant of Christmas but her mirth all the days of her life Yet might she thank her self for loosing this Key of France because she hung it by her side with so slender a string there being but five hundred Souldiers effectually in the Garison too few to manage such a piece of importance The Lord Wentworth the second of June following was solemnly condemned for Treason though unheard as absent in France which was not onely against Christian charity but Roman justice Festus confessing it was not fashionable amongst them to deliver any man to die before he which is accused have the accusers face to face and have licence to answer for himself concerning the crime laid against him It was well for this Lord that he was detained in France till his ransome was paid and Queen Mary dead who otherwise probably had lost his life if he had had his liberty But Queen Elizabeth coming to the Crown he found the favour or rather had the justice to be tryed again and was acquitted by his Peers finding it no treachery cowardise or carelessness in him but in Sir John Harlston and Sir Ralph Chamberlain the one Governour of Risebank the other of Calis-Castle for which they were both condemned to die though their judgement was remitted This Lord was the onely person I have read of who thus in a manner played Rubbers when his head lay at stake and having lost the fore recovered the after-game He died a very aged man 1594. Thus far Mr. Fuller Two ways a Courtier advanceth himself the first that more leisurely slow though sure of watching Offices Preferments and Dignities that may by steps bring them to the Kings presence The second that more quick and short but most practised of following the Court for such extraordinary Commissions and particular services to the Empire as may without the danger of delays that must be fatal amidst so many Competitors recommend him to his favour It was below Sir Thomas his Estate to stoop to that first method it suited more with his activity to embrace the second Two usually-inconsistent qualities he had The closeness of an Agent and The Valour of a Souldier To Rome he was sent in disguise and to Treport with an Army so graceful his carriage so insinuating his affability so clear and well-weighed his discourse so searching and comprehensive his judgement so gravely Aiery so Majestically pleasant his countenance so becoming his gate and apparel so watchful his Negotiations so winning his Addresses so discreetly smart his Reparties darting a suddain lustre and vigour to the darkness and heaviness of his graver Discourses neither common nor unsavoury neither affected nor far-fetched neither abusive of others nor mis-becoming himself so discreet and well-managed his complaisance with reference to circumstances person place time matter and cause that he had Cardinal Senhault's Secretary to bring him to the Popes Closet the Emperours Agent Randolphus to introduce him to Court that he won Fryar paul to shew him the mysteries of the Church Engineer Palvino to represent the Popes Cities Towns Fortifications Havens Harbours Antiquities Seminaries Exercises Ships Treasure Armories Arsenals Maga●ines having always by him a Card of the Territories and the Popes Bedchamber-man to shew him all the Papers and Transactions that concerned Henry the eighth So well experienced his Conduct so well disciplined his Army so watchful and industrious his Nature so good his pay though he pawned as once in Normandy his own Estate to satisfie his Souldiers so noble his rewards of valour and service it being his rule That every man should enjoy as much as he could conquer so prevalent his example that he did more with 2000 men in three moneths then the Duke of Suffolk had done with 8000 in three years The Duncery and idleness of the Monks in his time as he writes himself made Erasmus a Student the sloth and carelesness of Commanders in Sir Thomas his time made him a Souldier Edward the third of England having sent to France to demand the Crown by Maternal Right the Council there sent him word That the Crowe of France was not tied to a Distaff To which he replyed That then be would tie it to his Sword Sir Thomas Wentworth demanding Normandy in right of the Dukes thereof Kings of England was told That Dukedomes were never given away in France by the Wills of the Dead Nay then replyed he we will have them against the Wills of the Living It 's written of our Henry the fifth that he had something of Caesar in him which Alexander the Great had not That he would not be Drunk and something of Alexander the Great which Caes 〈…〉 had not That he would not be Flattered Sir Th
overwritten thus OIA VANITAS in great Golden Letters Sir Anthony Cooke and not his Son Cecil offering to read it desired to know of the Gentleman what he meant by OIA who told him it stood for O●nia Sir Anthony replyed Sir I wonder having made your Omnia so little as you have you notwithstanding make your Vanitas so large King Edw 〈…〉 would say of his Tutors That Rodolph the Germ 〈…〉 spake honestly Sir John Cheeke talked merrily D 〈…〉 Coxe solidly and Sir Anthony Cooke weighingly A faculty that was derived with his blood to his Grandchilde Bacon which informs the world of this great truth That Education doth much towards Parts Industry more Converse Encouragement and Exercise more yet but a sound temper and nature an wholsome blood and spirit derived from healthful and well-constitutioned Parents doth all Observations on the Life of Sir David Brooke DAvid Brooke Knight born at Glassenbury Son to John Brooke Esq who was Sergeant at Law to King Henry the Eighth Our David was also bred in the Study of our Laws and in the first of Queen Mary was made chief Baron of the Exchequer but whether dying in or quitting the place in the first of Queen Elizabeth I am not informed He married Katharine Daughter of John Lord Chandois but died without issue A Lawyer and a Lawyers son yet one whose Zeal for the Religion of that time advanced rather then his Law to serve rather his Princes interest then his Court that being the happy shall I say or unhappy time when the Soveraign and the State did often consult with Judges and the Judges more often consult with the Soveraign and State Yet although a particular respect raised a general fair carriage kept him up He observed not onely things but times not onely times but persons therefore when old Poenal Laws came before him he confined them in the execution that that which was made for terrour should not be for rigour and the Instrument of Government should not be the snare of the People When Informers of that Court were too busie he checked them when violent prosecution cunning advantages combinations power or great counsel balanced an honest cause he set all things even His invention was good to improve his Mistresses Revenue his conscience was as tender to diminish it Q. Mary w 〈…〉 ready of her own inclination but readier upon S 〈…〉 David Brookes motion to part with the Church Profits Patient and grave he was in hearing sparing and weighty in speaking None would direct an Evidence more orderly none moderated the length or impertinency of Pleaders more discreetly None would recapitulate select collate the material points of what had been said more exactly none gave judgement more satisfactorily always commending a good Lawyer that miscarried a good way to uphold in the Client the reputation of his counsel and beat down in him the conceit of his cause He died with some projects in his breast for the Revenue and some for the Law whereof one was a composition for the Purveyances and another a regulation of the Wards both at that time thought till regulated as unprofitable for the Crown as they seemed to be burthensome to the subject He had a close way of discovering Concealments as he had a severe one of punishing frauds His word was One Law executed is worth twenty made None more austere in case of others wrong none more mild in that of his own and he would say What is done is done Weak men concern themselves in what is past while the wise take care of what is present and to come If a man wrongeth me once God forgive him saith the Italian if he wrongeth me the second time God forgive me Others may be even with their enemies in revenge he would be above them in forgiveness An enemy I say though otherwise to a perfidious and an unworthy friend he was much of Cosmus Duke of Florence his temper who said You shall read that we are commanded to forgive our ●nemies but you never read that we are commanded 〈…〉 o forgive our friends Many have inveighed against Usury none have done more against it then this Knight who if he ●ad lived was resolved to reduce it to these Rules 1. That it should be declared unlawful 2. Being declared so if any practised it as men must do or Traffick will fall that there should be a penalty upon the Usurer which might amount to an Excise or Custome that would arise from that money if employed in merchandize 3. That yet if any exacted above five in the hundred they should loose the Principal A rate that on the one hand would keep up the necessary Commerce of Lending and Borrowing among the Old ●nd the Idle and yet direct men to that more ne 〈…〉 ssary of buying and improving Land and other Commodities that are more industrious and inge●ious 4. That none yet presume this but in some principal places of Merchandizing for then as my Lord Bacon hath projected it they will hardly be able to colour other mens moneys in the Country for no man will lend his money far off or put it into unknown hands Or Lastly That there be no money lent out upon terms but to the State which may make its advantage of it Indeed considering on the one hand that Usury decayeth the Kings Custome bringeth money to few hands damps Industry and Invention beats down the price of the Land and by eating up private Estates breeds a publick Poverty It were to be wished it were forbidden And on the other That Borrowers trade most that No Usury no young Merchants that Without Usury men must sell their Estates at under-Rates more sad then Usury that No borrowing no living no Usury no borrowing It were wished it were regulated so that the inconveniences of it were avoided and the advantages retained and Extortion be checked as Traffick is encouraged Thus he that hath no private care advanceth the publick Good and the childeless man is most thoughtful for Posterity Certainly the best Works and of greatest Merit for the Publique have proceeded from the unmarried or the childless man who both in Affection and Means have married and endowed the Publique He that hath Wife and Children hath given Hostages to Fortune For they are Impediments either to Vertue or Mischief A fat man in Rome riding always upon a very lean Horse being asked the Reason thereof answered That he fed himself but he trusted others to feed his Horse Our Judge being asked what was the best way to thrive said Never do any thing by another that you can do by your self Observations on the Life of Doctor Thomas Wilson THomas Wilson born in Lincolnshire was Doctor of Laws bred Fellow of Kings Colledge in Cambridge and afterwards was Tutor in the same University to Henry and Charles Brandon successively Dukes of Suff●lk Under Queen Elizabeth he was made Master of the Hospital of St. Katharine's nigh the Tower of London At last
Astrologer who told him that this his Infant-son should taste of much trouble in the middest of his life even to the want of a meals meat but his old age should make amends for all with a plentiful estate which came to passe accordingly For his Father dying in his infancy no plentiful provision was made for him and when his eldest Brother Thomas Duke of Norfolke was executed his condition was much impaired insomuch that being once in London not overstocked with money when his noble Nephews the Earl of Arundel and the Lord Thomas Howard were out of Town and loath to pin himself on any Table uninvited he was fain to dine with the Chair of Duke Humphrey but other not to say better company viz. reading of books in Stationers Shops in St. Paul's Church-yard though afterwards he attained to great wealth honour and command However that Lord gave little credit to and placed lesse confidence in such Predictions as appeared by a learned Work he hath written on that subject Observations on the Life of Sir John Ramsey Earl of Holderness and Sir Tho. Ereskin Earl of Kelly BOth their preferments began on the same occasion both their natures were eminent for the same innocence and goodnesse both their services tend to the same iss●e and therefore both their Characters come under one observation which it's more proper to take in the word of their Countrey-man and Contemporary that knew them than in the expression of a stranger that onely heard of them The whole story runs thus The name of Ruthen in Scotland was not notorious until Anno 1568. when Ruthen amongst others Confederates in those divided times of trouble laboured much for the imprisoning Queen Mary Mother to King James In 1582. his son William was created Earl Gowry in the time of that King's minority though the Father bore deadly hatred to the King's prosperity And in 1584. himself was in actual Rebellion in which he suffered at Dondee His eldest son John then in Travel in Italy returns home to inherit his lands and honours but not one jot changed in disposition from the traiterous wayes of his Predecessors For not long after he falls into this Conspiracy which is not so ancient but that many then and now living can and my self have heard the repetition The house of Gowry were all of them much addicted to study Chymistry and these more to practise it often publishing as such Professors usually do more rare experiments then ever could be performed wherein the King a general Scholar had little faith But to infuse more credit to the practice Alexander Ruthen the second brother takes this occasion and withal conspires with Gowry to assassinate the King and taking opportunity in his hunting not far from his house St. Johnstone invites the King to be an eye-witnesse of his productions In their way Sir Thomas Erskin after Lord Kelly overtakes them and others Demanding of the Duke of Lenox then present why Alexander had ingrossed the King's eare to carry him from his Sports Peace man said the Duke Wee's all be turn'd into gold Not far they rid but that the Earl Gowry made good by protestation his Brother's story And thus was the King brought to be a Guest Neer the end of Dinner at his Fruit and the Lords and Waiters gone to eat Alexander begs of the King at this opportunity to withdraw and to be partaker of his Production to the view of that which yet he could not believe And up he leads the King into by-lodgings locking each door behind them till they came into a Back Room where no sooner entered but that Alexander claps on his Bonnet and with stern countenance faces the King and says Now Sir you must know I had a Father whose blood calls for revenge shed for your sake The King amazed deales gently with his fury excuses the guilt of his death by his then Infancy Advising him not to lay violent hands on the sacred Person of his Anointed Soveraign Especially in a cause of his Innocency Pleading the Laws of God Man which so much wrought upon him that he said Well I will speak with my Brother and so put the King into a Lobby Room next the Chamber where no sooner entered but that there appeared a fellow weaponed ready for execution to whose custody the King is committed till his return Alexander gone down the fellow trembles with Reverence puts down his Sword and craves pardon which gave the King occasion to work upon that passion and to ask him whether he resolved to murther him Being assured to the contrary the King gets leave to open a window that looked into a back Court When presently Alexander returns and tells the King that he must dye But much affrighted at the Fellow's 〈◊〉 with his sword offers violence to the King Which the fellow seemingly opposes and between them began a 〈◊〉 which gave advantage to the King to cry Tre●son at the Window which looked into a back-Court where Sir Thomas Erskin and o●● Herries were come in pursuit of the King who was rumoured to be gone out the back-way to his ●●nting At the cry of Treason and known to be the King's voice they both hastened up a back-stair called the Turn-pike being directed by a servant of the house who saw Alexander ascend that way And so forcing some doors they found them above panting with the fray and up comes also at heels of them John Ramsey after Earl of Holdernesse by them Alexander was soon dispatched Not long after came the Earl Gowry by his double key the first way with a case of Rapiers his usual weapons and ready drawn To whom Erskin said as to divert his purpose What do you mean my Lord the King is kill'd for the King was shadowed having cast himself upon a Bed from his sight and his Cloak was thrown upon the Body of Alexander bleeding upon the ground At which Gowry stops sinking the points of his weapons when suddenly Herries strikes at him with a hunting Falchion And Ramsey having his Hawk on his ●ist casts her off and steps in to Gowry and stabs him to the heart and forthwith more Company came up Not long after this Conspiracy Herries dies well rewarded John Ramsey hath the Honour of Knighthood with an additional bearing to his Coat of Arms A Hand holding forth a Dagger reversed proper piercing a bloody Heart The point crowned Emperial with this Distick Haec Dextra Vindex Principis P●triae Afterwards he was created Lord Haddington and Earl of Holdernesse Sir Thomas Erskin was afterwards created Earl of Kelly Knight of the Garter Captain of the King's Guard and Groom of the Stool and the Fellow designed for the Murtherer had a large Pension confirmed by Act of their Parliament And all these men but Herries were living with other witnesses at King James his journey when he went from hence to visit Scotland and met together by direction at the same house with Ceremony and
which he could not choose but smile at knowing as he used to say That Treason is alwayes within five years weary of its self the People being more impatient of their own Libertinisme than of the strictest and most heavy government His way of Intelligence from L●●don by Mistresse E. P. friend to J. M. puts me 〈◊〉 minde of a passage in Queen Elizabeths Reig● who being presented with an Overture out 〈◊〉 Spain so secretly managed by the Councel there as the first news of its approach came with its sel● the Messengers out of fear of a surprizal dispensing the Ceremonies commonly used in the behalf of Embassadors something strange considering the haughtinesse of that Nation did much inflame the Lord Treasurer's desire to know the farthest extent of the Negotiation as conducing to a present advantage that such an Answer might be made as should in some proportion quadrate with the demand of the Catholique King at that time standing upon Termes little different from those of an Enemy And being informed from the ordinary Espials he kept about his Person that the attempt was something difficult if not impossible the Don out of distrust still carrying his Instructions in his bosome Burleigh caused such a Jesuite to be apprehended as by reason of former miscarriages could not expect mercy and imparts his desires to him under as large promises if he brought them about as threats to be revenged on him and his Associates if he found himself abused All which though with some reluctancy he undertook and performed through the mediation of a fair Lady that first took away his Commission and then again layd it under his pillow whilest he slept His early endeavours for Peace by Addresses to London Scotland Cornwal speak his integrity and his prudence Every inconsiderable person may be powerful at disturbances but to forme Peace requires much wisdome and great vertues and his observations upon the division of the great Faction to two parties Independent and Presbyterian His care and watchfulness none of their clashes escaping his reach which was ready to accommodate as occasion served their respective Interests in their New models and alterations making as good use of Fears and Jealousies between them as they had done between the King and his People These and other his services recommended him to the attendance of his most excellent Majesty when Prince in the perfecting of the Western Association when it was thought fit to put the happiness and hope of the Kingdom in two bottomes with whom he continued with a constant fidelity in all difficulties performing several Embassies during their banishment with honour particularly one to the Emperour who had great respects for his Master and an aweful regard of his Cause till it pleased God to bring his Majesty by his and others counsel to his Father's Throne which he just saw and dyed Master of the Rolls June 1660. From one of whose Relations I have these Notes and Postils containing some of the policy of the late Times from 1642. to 1659. which I set down nakedly as I finde them not supposing they are his but that they were among his Papers 1. It is against the experience of the wisest Princes of France and England to leave their chief City in times of tumult yet it was necessary for the King to do so as well to break the fury of the worst people there by distance and time as to dis-abuse the best abroad by his presence and time and indeed it had been a shame for him to have perished in a tumult 2. It was urged that the King should not delay any longer the War but besides that nothing could perswade his gracious Majesty to a War but pure necessity It 's usually observed that if Boutefeus make not the feud irreconcileable by a desperate action Rebels cool consider break suspect fear and fall off to nothing 3. The repulse of Hotham did the King excellent service by alarming all the Loyal in the Kingdome with their designed plot 4. Especially when the Country saw the King so unwilling to engage that he discharged their guards several times 5. It was thought unfit to send to the Faction from Nottingham until it was rejoyned that men of understanding and fidelity are usually employed to those persons against whom a War is to be managed to discover their design humour forces succours and what-ever might succour or strengthen them which none but they who were secured with the priviledg of Agents might do and none were judged fitter than they that were best acquainted with the knowing Ladies and the talkative Lords 6. It was offered that Intelligence should be written to satisfie the people and make the vulgar pretences ridiculous But quaere whether it is possible for the Areana Imperii to remain always under so exact a discipline as may admit a thorow-inspection of the multitude without danger 7. When it was urged as the fundamental Principle the King should proceed upon that the Faction at Westminster was no Parliament the King being firme to his promise as there was not a juster man alive not to dissolve them without their leave it was judged that self-preservation being the first principle in nature that concession which wisdome saw then and experience since so contrary to that principle was rather to be repented of than performed 8. It is a very great advantage to the King's Cause that his Messages of Peace were sent alwayes after his Victories and his Enemies after their defeats And that his Declarations were natural easie as grounded upon obvious principles of Scripture Law and Reason and theirs harsh forced and wilde as grounded onely upon Pretences and Fancies 9. It 's a probable opinion that it is in vain to treat with the Rebels who can never trust the King with their guilty heads 10. It is in vain to yield them any thing since all Concessions have no other issue than either or both of these two inconveniences 1. That they make the Faction so insolent that the King should not be able to deny nor grant them any thing 2. That they justified former proceedings and layd the blame upon the King for not granting that sooner which he thinks fit to grant now Besides it 's more fit Propositions come to the King than from him 11. It may be wondered that the King doth not cut off the chief of the Rebels as they fall into his hands according to the usual Maxime in that case but that his inclination to clemency is inexpressible and that the principle he goeth upon is fure though deep viz. That so much are Man-kinde in general and the English in particular obliged by fair usages that the generality of this Nation returned nine times in 1300 years after long intervals of Usurpation out of gratitude as well as duty unto their Allegiance to the posterity of good pious mercifull but unhappy Princes 12. When it was urged against the King's going to London upon the successe in the West that
conducted by Reason engage those difficulties she encountereth in the execution of her designs Reason discovered him his enterprizes his Will enclined him to them and the noble transports of his regular passions set out both with that ardour and vehemencie as bear down obstacles and compass the design A hope he had that never rashly engaged him in desperate undertakings an audacity that precipitated him not weakly into impossibilities and a choler that led him not blindly to inevitable ruines Consideration managing the first Discretion and Foresight the second and Reason the third What doth it avail a man to be wise in knowing what is fit to be done prudent to invent means just to appropriate affairs to publick good authorized and happy to cause them to succeed if a Courage guided by Reason accompanied with Prudence ruled by Discretion animated by a generous Boldness be not diligent quick and prompt for Execution His Nature was generous and constant His Education like that of the Roman Youth among Statesmen manifold and solid His Soul was free and dis-engaged from any particular Design 3. Eloquence That added to his Parts what colours do to a Picture state grace and light Reason is the Ornament of a Man Speech the Interpreter of Reason and Elequence the grace of Speech wherein the Orator excelleth other men as much as they do other creatures His Wisdom advised his Prudence contrived his Courage resolved and his Eloquence perswaded adding at once gracefulness to his Designs and vigour to his Enterprizes as that wherewith he could satisfie mens Reasons and master their Passions by which he carried them whither he pleased His lively Expression animates his Reason his Eloquence his Expression and his Gesture his Eloquence whereby he charmed the Senses mollified Hearts incited Affections framed Desires checked Hopes and exercised a sacred Empire over every man he dealt with These qualities improved with Travel raised the Doctor to be the Chancellour's Secretary and the Legantine Courts chief Scribe at home a sly Agent in Italy a successful Orator in Germany and Leiger Embassador in France In Italy he with Doctor Fox having the King of France his Agent to second them gained the Popes Commission for hearing of the Cause between King Henry the VIII and Queen Katharine In Germany he undermined the French King and in France the Emperour Upon the poor Pope whom he found not worth 20 l. perplexed between the King of England who had set him at liberty and the King of Spain who had maintained him he wrought so far as to gain a dubious Letter in Cypher to the King and a clear promise to the Cardinal both about the suppression of some Monasteries and the Divorce which the crafty Agent extorted from the fearful man with his Necesse est c. although all this while he palliated this his main business with some impertinent overtures about King Henry the seventh's Canonization None better understanding the just degrees seasons and methods of Affairs then this Doctor Where he spoke one word for his Majesties Divorce he spoke two for the Cardinals Advancement having the French Kings Letter with him to that effect in omnem eventum In order whereunto he threatned the Pope from Germany and Germany from Rome so that their mutual jealousies forced them to a compliance with his Royal and Sacred Master A great Agent he was in this business while Wol●ey's Secretary a greater when the Kings in which capacity he writ they say one Book for the Pope's Supremacie in his Masters Name and another for the Kings in his own He draweth the Kingdom 's Remonstrance against the Pope and the Pope's against the Kingdom He and Doctor Fox are employed to gain the Vote of Cambridge for the Divorce where he brought it from the Negative to even Voices and from even Voices to a Disputation and upon that to a Determination on the Kings side for which we find him now Bishop of Winchester Archbishop Cranmer's Assistant at pronouncing the Divorce at the Priory of Dunstable and one of the two Embassadors at the Interview between King Francis and King Henry As he had declared himself by writing so he drew up a Form whereby others might declare themselves by oath for the Kings Supremacy And as he owneth the Kings Authority so he maintaineth it in his Apology for Fisher's Death But because no power is lasting when Religion is not v●nerable the wary Bishop promotes the Statutes of six Articles in the House of Commons in spight of Cromwel and Cranmer and urgeth the retaining of some essential Latin words in the translation in the Convocation Words for their genuine and native meaning and for the Majesty of the matter in them contained not to be Englished Though he could not keep the word from shining yet had he wit enough to keep it in a dark Lanthorn to keep the Laity at their distance and bear up the Will-worship of Rome Had he kept here King Henry had been satisfied but when his success improved his boldness and that precipitated his undertakings he must be quarreling with the Protestant Queens and so fall out with the Uxorious King under whose displeasure he continued while he lived as he did under his sons afterwards First for refusing a confession of his fault and then for not subscribing some Articles proposed unto him though he owned the Supremacy the Reformation and said of the Common-Prayer That though he would not have made it so himself yet be found in it such things as satisfied his conscience and therefore be would both execute it himself and cause others of his Parishioners to do it and if be were troubled in conscience he would reveal it to the Council and not reason openly against it so that he lost his Liberty and his Bishoprick until he was restored to both by Queen Mary who kissed and called him her Prisoner in the Tower and likewise advanced him to the Chancellourship wherein he did more harm by others then himself keeping alwayes behinde the Curtain and acting in Oxford by Visitors in London bv Bonner and in his own Diocess by Suffragans Onely in two Particulars he declared himself 1. Against the Princess Elizabeth saying In vain it is to lop the Branches while the Root remains 2. Against the Exiles Threatning that he would watch their supplies so that they should eat their nails and then feed on their fingers ends But threatned Folks live long and before the Confessors were brought to that Bill of fare the Bishop was eaten of worms himself dying suddenly and strangely wholly a Protestant in the point of merit who had been in other things so zealous a Papist One piece at once of his Prudence and Resolution and I have done The Lord Protector by Letters sollicited Gardiner to resign Trinity-Hall to the Kings hand who designed one Colledge out of that and Clare-Hall Most politick Gardiner saith my Author not without cause suspecting some design or casualty
might surprize the Interval between the dissolution of the old and the erection of this new Foundation civilly declined the motion informing his Grace That the way to advance the study of the Law was by promoting the present Professors of that Faculty now so generally discouraged and not by founding a new Colledge for the future Students thereof seeing Trinity-Hall alone could breed more Civilians then all England did prefer according to their deserts Observations on the Life of Sir William Herbert HIs Family had not endeared its self to the antient Kings by its service nor his Grand-father himself to King Henry the Seventh by his Relation more then He did Himself to King Henry the Eighth by his Merit He was a great Pattern of antient Vertue that in the greatest Fortune enjoyed the least Liberty Vigilant and careful One whose Power was attended with Sollicitude there was an Eye in the ancient Scepters and his Sollicitude with Temperance he that commands himself commands the World too While some mens imprudent integrity can do no harm and others base cunning can do no good Sir William's Prudence and Integrity was equally able for both as there was occasion Very close and successful were his and my Lord Sheffield's Negotiations abroad Very resolute and manly his Conduct at home He was one of the twenty four Counsellours to Henry the Eighth while he lived and one of the sixteen Executors of his Will when he died All great Undertakers must avoid softness and effeminacie the bane of great Natures and Actions For where there is love and pleasure there is fear and where there is fear there is that which enchains Generosity and confines Courage He had his double Diary the first for Actions the second for Observations upon them And indeed his and Sir William Kingston's Manuscripts give a great light to the History of those times In which Diary we finde what actions he did against the Scots by constant alarms with three thousand Welch and what against Ket's Rebels by notable stratagems with two thousand The man is compleat that hath a Head and a Heart As to the Faction in King Edward's time he would not concern himself looking on accusations in a Commonwealth as great advantages to check ambition and vent discontent that the one may not aspire too dangerously nor the other break out too irregularly And as little concern'd was he in King Edward's Will his business being rather obeying the Soveraign that was then determining who should be He was a throughly advised man one that gazed not on the issues but enquired into the reasons and springs of Actions Very useful he was in Queen Mary's Council and no less in King philip's War where he got St. Quintin for him and a lasting Renown for himself who died in Queen Elizabeth's time and left this plain Character behinde That he was a noble Gentleman of a trusty a free and an open Nature Observations on the Lives of Sir Tho. Mannors and Sir Ralph Euers IJoyn them both in my Observations because they agreed both in their dispositions 1. Both Nobly Religious and so blessed themselves and being a blessing unto others Their Religion was attended with Magnanimity Constancy Wisdom Prudence Valour and Counsel as the Products of it and with Success as the Issue 2. Both famous and renowned having Honour as the shadow doth the Sun going before them in their younger years to make their way to action keeping even with them in their middle age to countenance and credit their proceedings and following them in old Age to eternize and embalm them Both making their way to Honour as Agesilaus in Plutarch or Epictetus in Strabo by saying what was well and doing what was better or with Socrates by being what they appeared and appearing no more then they were Vertue though obscure may satisfie me it must be renowned or it cannot serve others But action is the life of things and good dispositions are rather a mans Inclinations than his Vertue Both therefore were in their Courage regular in their Conduct observant in their Addresses obliging in their Passions even in their Enjoyments severe and in their Services equal Sir Thomas Mannors first weakened the Northern Rebels by such discreet Propositions as met with many of their Humours and Interests and then resolved to engage them but that the little Brook Dun swelled miraculously to a River between both Armies And at the same time Sir Ralph Euers held Scarborough-Castle where he had no Souldiers but his own Servants nor any sustenance for twenty days but bread and water For this service he is made Lord Warden of the Marches as Sir Thomas is Lord Governour of the North. Both did his Majesty as much service in Peace for his Revenue as in War for his Security Both against the Cardinal's way of raising Money which was but the relieving of a present need by laying the foundation of a lasting inconvenience being very careful that their Master did not lose in the president what he gained in the money Observations on the Life of Sir John Baker THere is one of this Name remarqueable in every Kings Reign since the Conquest here is one now renowned in this 1. For Integrity to be neither awed nor corrupted 2. For a Spirit publick as Nature neither moved with particular respects nor terminated in a private Design The French were so insolent in London the eighth year of Henry the Eighth that when one Williamson a Carpenter was about to pay for two Pigeons he bought a Frenchman takes them out of his hand saying They were no meat for Carpenters but for my Lord Embassadour who concerned himself so much in the case that he had Williamson imprisoned Sir John sued to the Embassador for the man who answered That the English Knave deserved to be banged for denying any thing to a Frenchman Whereupon Sir John replied You know not that you are in London A notable reply considering that the City was up next day against Strangers in so desperate a tumult that none could suppress but Sir Thomas More and none settle but Sir William Kingston and Sir John Baker No sooner had he allayed the disorder at home but he with the Bishop of St Asaph are sent to appease a Rebellion abroad I mean in Denmark though in vain when the Kings cruelty exceeded their apology and ruine was more elegible with that people then duty or obedience Where he observed these six Maximes in order to a newly-conquer'd-Kingdom 1. That the Royal Line should be extinguished 2. That the old Customs in Laws and Taxes should be observed 3. The Prince must be there to observe their humours in person 4. That the Officers be moderate and honest 5. That there be Colonies planted in one or two places that are the Keys of the State 6. That the Neighbours should be weakened and divided and the In-land Forts demolished As he would have composed the troubles of forreign Princes so he served the