Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	king_n	law_n	6,341	5	4.8840	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A58844	Scrinia Ceciliana, mysteries of state & government in letters of the late famous Lord Burghley, and other grand ministers of state, in the reigns of Queen Elizabeth, and King James, being a further additional supplement of the Cabala.; Scrinia Ceciliana.	Bacon, Francis, 1561-1626.; Burghley, William Cecil, Baron, 1520-1598.; Sidney, Philip, Sir, 1554-1586.; Throckmorton, Nicholas, Sir, 1515-1571.	1663 (1663)	Wing S2109; ESTC R10583	213,730	256

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 15●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.

Duke of Chastillherault over all They raise Forces against the Regent are Routed 139. A Couragious Answer from Queen Elizabeth to the French Ambassadour and the Audience adjourned 140. She sends a Ring to Marshal Montmorancy his wife 141. The Bishop of Rhemes Ambassador from France is offended that the doctrine of Rome is said to be contrary to Christs deducing consequently that his Mr. should be reputed no Christian and how that Speech was salved The Cardinal Chastillons Wife comes over 141 142. The Reason of the Cardinals coming into England Ships sent by the Queen to preserve the Bourdeaux Fleet. The Queen of Scots Case not defensible and the Consequence thereof 144. Matters about the Queen of Scots Chastillion highly commended 144 145. The Cause of the Queen of Scots to be heard here 146. Passages touching the differences between the King and the Prince of Conde Pag. 147. Matters against the Queen of Scots very bad 148. Sir Henry Norris claims the Lord Dacres Lands 149. Three manner of wayes proposed for ending the Scottish differences 150. Spanish Treasure stayed ibid. 151 156. The Parliament of Scotland declares the Queen of Scots privy to the murder of her Husband 152. D'Assonvill comes over Without Commission and desires Conference with the Spanish Ambassadour but denied 153. Hawkins his Return to Mounts Bay from the Indies with Treasure The Queen of Scots at Tetbury under the charge of the Earl of Shrewsbury 153. The French Ambassadors Currier searched and the Reason of it 154. The Prince of Conde slain in Battel against the King 157. The 13th of March had two great Effects 158. Differences in Scotland accorded 159. But not observed 160. Sir William Cecil laments the misfortune of France means made to accord with the Low Countries Scottish Nobility reconciled 61. Original Letters intercepted by persons of credit in the FrenchCourt of advertisement concerning the Queen of Scots and the Duke of Anjou Pag. 161. That the said Queen should transfer her title on the said Duke to learn more truth hereof and advertise with speed The Queens Ships far excel others 162. The Queen of Scots excuseth her Transaction with the Duke of Anjou 163 164. A Rebellion in the West-part of Ireland and the Spaniards aid feared 164. My Lord of Shrewsbury strucken with a Palsie and a Phrensie 165. The Parisians execute two Merchants whom the King had pardon'd The English Ambassador taxed for dealing with the Kings Rebels 166. The Earl of Desmond's great Rebellion in Ireland but dispersed 167 168. An Italian sent hither upon a Devilish attempt An Insurrection in Suffolk Queen Elizabeth desires to be rid of the Queen of Scots 169. The Queen offended at the Duke of Norfolk about his Marriage Sir William Cecil his good Friend therein my Lords of Arundel and Pembroke confined to their Lodgings about it and so is the Lord Lumley My Lord of Huntington joined with the Earl of Shrewsbury in the custody of the Scots Queen 172. The King of Spains designs with the Irish. Pag. 173. The grand Rebellion in the North and the pretences thereof and their numbers and names 174 175. A Report of the death of the Count Nassau the Northern Rebellion scattered and their Ring-leaders fled 176. Extracts of Letters out of the north The two Rebellious Earls in Liddesdale but flee from thence The Countess of Northumberland and her attendants robbed in Scotland The Earls flee with about 50. horse Westmerland changeth his coat of plate sword and travails like a Scottish borderer many others taken 177 178 The Regent of Scotland takes the Earl of Northumberland and others The Lord Fernhurst and Bucklugh aiders of them p. 178 The Murther of the Regent of Scotland at Lithgo by Hambleton of Bothwell Hall The Earl of Sussex his wise and noble carriage The Hambletons strongly suspected for the murder and why 179 180 The French Embassador makes 3 demands of the Queen in behalf of the Queen of Scots p. 181 Sir William Cecil names to the Queen Mr. Francis Walsingham and Mr. Henry Killigrew to succeed Sir Henry Norris in France p. 182 The Earl of Sussex goes again into Scotland The Bishop of Ross writes a Book in defence of the Queen of Scots and dangerous against Queen Elizabeth Pag. 183. The Earls of Worcester and Huntington made Knights of the Order p. 184 The Earl of Sussex and the Lord Hunsdon enter Scotland with fire and sword 50. Castles and 300 Villages burnt p. 184 185 The Lord Scroop Warden of the West Marshes makes great devastation in Scotland The Castle of Hume surrendred to the Lords of Sussex and Hunsdon and well fortified for the Queens service A great part of the Scotish borderers obediently adhere to their King and offer dependance upon the Queens Majesty The contrary part act rebelliously A great meeting of Lords on both sides at Edenburgh in Armes to try who shall have the authority p. 186 187 Simon Musgrage General of the horse routs the Lord Maxell is in some distress by him but is relieved by the Lord Scroop 's forces and the Maxwels and several other Lords escaped by flight Drumlangricks servants and tenants although pretended favorers of the King and Queen cruel to the English Dumfriese a Receptacle of English Rebels p. 187 188 The Queen of Scots desires cessation of Armes the Bishop of Ross plots against the Queen p. 189 Sir Henry Norris to be revoked and Mr. Walsingham to go in his place ibid. The Marshal of Berwick betray'd by the Bishop of St. Andrews and other Lords who under colour and treaty with him intended to have slain him he destroys the Hambletons Castles and houses Pag. 190. The Earl of Southampton for complyance with the Bishop of Ross is committed close prisoner to the Sheriff of London The fond Lord Morley withdraws to Lovain p. 191 The French King mediates for the Queen of Scots the Queen keeps some Castles in Scotland until her subjects of England should have satisfaction p. 191 192 Sir William Cecil and Sir Walter Mildmay are sent Commissioners to the Scotch Queen and they like not the message The Lord Coke to King James touching tryal of Duels out of England occasioned by putting to death of Doubty beyond the Seas by Sir Francis Drake that crime tryable only before the Constable and Marshal of England p. 193 194 H. THe History of the Reign of King Henry the 8th King Edward the 6th Queen Mary and part of Queen Eliz. p. 194 195 I. Exquisitely begun but left imprfect Two Copies of Letters from King James to the Lords touching abatement of his houshold charge and the means of redresse p. 198 199 From the King to the Lord Bacon in commendation of his book caled the Organon To Sir Thomas Coventry Atturney General commanding him to prepare a pardon of the whole sentence pronounc'd against my Lord Bacon p. 200 201 S. SIr Philip Sidney to the Queen diswading her from her marriage with Mounsieur most elegantly and judiciously penned p. 201 202 203 A most quaint Speech made by the Lord Bacon then Sollicitor General at the arraignment of the Lord Sanquir as well in extenuation as aggravation of the murder of Turner 209 210 c. The Countess of Shrewsburies Case touching the Marriage of the Lady Arabella and her refusal to be examined therein 212 213. T. SIR Nicholas Throckmorton Ambassador in France to Q. Elizabeth touching a free passage for the Q of Scots through England into Scotland several Politick Reasons urged on both sides between him the Queen of Scots and the Queen-Mother of France 214 215 216 c. FINIS ERRATA PAge 72. line 16. for bnt read but. p. 89. l. 22. for Twilknam r. Twitnam p. 97 l. 3. for fortunas suas r. fortunae suae p. 116. l. 3. for Moleneux r. Molineux p. 120. in fine for name r. named p. 130. l. 9. for what r. with and l. 7. for not r. now p. 137. l. 12. for to r. to be p 165. l. 6. for there r. here p. 173. l. 9. or 10. for over r. fromus p. 182. l. 14. for inferrior r. inferior p. 208. l. 18. for Holladour r. Hollander and in the same line for le r. he p. 211. l. 21. for Luedia r. Suedia p. 224. l. 26. for Abeville r. Abbeville 27 E. 3. Cap. 1. 4 H. 4. Cap. 23. These that follow are but indigested Notes Entertainment above ordinary To know the cause thereof Her Majestie much mislikes of the Prince of Conde and Thadnur Lords of France The Lords of the Council do all they can to cover the same Her Majesty being a Prince her self is doubtful to give comfort to subjects Our Ambassador to comfort them nevertheless as occasion serves Expectation of the Queens marrying with the Archduke Charles In Scotland all quiet the Scotish Queen still in Loughlevin and in health Murray ruleth quietly as Regent Original lettere intercepted by persons of credit in the French ourt of Advertisement concerning the Q of Scots and Duke of Anjou That the said Scotish Queen should transfer her Title on the said Duke To learn more truth hereof and advertise with speed This precisely denyed by the other side To send a trusty person to Marcells 19. Febr. 1616. Note before this Statute Criminal Causes were often adjudged in Parliament

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

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

swadled in the infancy as the Roman was by the vertue of their first Kings which was a principal cause of the wonderful growth of that State in after-times The Decemvirs Laws were Laws upon Laws not the Original For they graffed Laws of Graecia upon the Roman stock of Laws and Customs But such was their success as the twelve Tables which they compiled were the main body of the Laws which framed and welded the great Body of that State They lasted a long time with some supplementals and the Pretorian Edicts in Albo which were in respect of Laws as Writing-tables in respect of Brass the one to be put in and out as the other is permanent Lucius Cornelius Sylla reformed the Laws of Rome For that man had three singularities which never Tyrant had but he That he was a Law-giver that he took part with Nobility and that he turned private man not upon fear but upon confidence Caesar long after desired to imitate him only in the first for otherwise he relied upon new men and for resigning his power Seneca describeth him right Caesar gladium cito condidit nunquam posuit And himself took it upon him saying in scorn of Sylla's resignation Sylla nescivit liter as dictare non potuit But for the part of a Law-giver Cicero giveth him the Attribute Caesar si ab eo quaereretur quid egisset in Toga leges se respondisset multas praeclar as tulisse His Nephew Augustus did tread the same steps but with deeper print because of his long Reign in peace whereof one of the Poets of his time saith Pace data terris animum ad Civilia vertit Jura suum legesque tulit justissimus Author From that time there was such a race of Wit and Authority between the Commentaries and Decisions of the Lawyers and the Edicts of the Emperours as both Laws and Lawyers were out of breath whereupon Justinian in the end re-compiled both and made a Body of Laws such as might be wielded which himself calleth glorious and yet not above truth the edifice or structure of a sacred Temple of Justice built indeed out of the former ruines of Books as materials and some novel constitutions of his own In Athens they had sex viri as AEschines observeth which were standing Commissioners who did watch to discern what Laws were unproper for the times and what new Law did in any branch cross a former Law and so ex officio propounded their Repeal King Edgar collected the Laws of this Kingdom and gave them a strength of a Faggot bound which formerly were dispersed which was more glory to him than his sailing about this Island with a great Fleet for that was as the Scripture saith Via Navis in Mari it vanished but this lasteth Alphonso the Wise the Ninth of that Name King of Castile compiled the Digest of the Laws of Spain intituled The six Partidas an excellent Work which he finished in seven years And as Tacitus noteth well That the Capitol though built in the beginnings of Rome yet was sit for the great Monarchy that came after so that building of Laws sufficeth the greatness of the Empire of Spain which since hath ensued Lewis the Eleventh had in his mind though he performed it not to have made one constant Law of France extracted out of the Civil Roman Law and the Customes of Provinces which are various and the Kings Edicts which with the French are Statutes Surely he might have done well if like as he brought the Crown as he said himself hors de Page so he had brought his people from Lacquay not to run up and down for their Laws to the Civil Law and the Ordinances of Courts and Discourses of Philosophers as they use to do King Henry the Eighth in the Twenty seventh year of his Reign was authorized by Parliament to nominate Thirty two Commoners part Ecclesiastical part Temporal to purge the Common Law and to make it agreeable to the Law of God and the Law of the Land but it took not effect For the Acts of that King were commonly rather proffers and fames then either well grounded or well pursued But I doubt I err in producing so many examples for as Cicero said to Caesar so may I say to Your Majesty Nil vulgare te dignum videri possit though indeed this well understood is far from vulgar for that the Laws of both Kingdoms and States have been like buildings of many pieces and patched up from time to time according to occasions without frame or model Now for the Laws of England if I shall speak my opinion of them without partiality either to my profession or Countrey for the matter and nature of them I hold them wise just and Moderate Laws they give to God they give to Caesar they give to the Subject what appertaineth It is true they are as mixt as our Language compounded of British Roman Saxon Danish Norman customs and surely as our Language is thereby so much the richer so our Laws are likewise by that mixture the more compleat Neither both this attribute the less to them then those that would have them to stand out the same in all mutations For no tree is so good first set as by transplanting and graffing I remember what happened to Calisthenes that followed Alexders Court and was grown into some displeasure with him because he could not well brook the Persian adoration At a Supper which with the Grecians was a great part he was desired the King being present because he was an eloquent man to speak of some Theme which he did and chose for his Theme the praise of the Macedonian Nation Which though it were but a filling thing to praise men to their faces yet he performed it with such advantage of truth and avoidance of flattery and with such life as was applauded by the Hearers The King was the less pleased with it not loving the man and by way of discountenance said It was easie to be a good Orator in a pleasing Theme But saith he to him turn your stile and tell us now of our faults that we may have the profit and not the praise only Which he presently did with such quickness that Alexander said That Malice made him Eloquent then as the Theme had done before I shall not fall into either of these extreams iu this Subject of the Laws of England I have commended them before for the matter but surely they ask much amendment for the Form which to reduce and perfect I hold to be one of the greatest Dowries that can be conferred upon this Kingdom which Work for the Excellency as it is worthy Your Majesties Acts and Times so it hath some Circumstance of propriety agreeable to Your person God hath blessed Your Majesty with posterity and I am not of opinion that Kings that are barren are fittest to supply perpetuity of generations by perpetuity of noble acts but contrariwise that they that leave posterity are the more

interessed in the care of future times that as well their Progeny as their people may participate of their merit Your Majesty is a great Master in Justice and Judicature and it were pity the fruit of that your vertue should not be transmitted to the ages to come Your Majesty also reigneth in learned times the more no doubt in regard of your own perfection in learning and your Patronage thereof and it hath been the mishap of works that the less learned time hath sometimes wrought upon the more Learned which now will not be so As for my self the Law was my profession to which I am a debtor some little help I have of my Arts which may give form to matter and I have now by Gods merciful chastisement and by his special providence time and leasure to put my Talent or half Talent or what it is to such exchanges as may perhaps exceed the Interest of an active life Therefore as in the beginning of my troubles I made offer to Your Majesty to take pains in the story of England and in compiling a Method and Digest of your Laws so have I performed the first which rested but upon my self in some part And I do in all humbleness renew the offer of this Letter which will require help and assistance to Your Majesty if it shall stand with your good pleasure to imploy my service therein Sir Francis Bacon to the Right Honourable his very good Lord the Earl of Devonshire Lord Lieutenant of Ireland IT may please your good Lordship I cannot be ignorant and ought to be sensible of the wrong which I sustain Common speech as if I had been false or unthankful to that noble but unfortunate Earl the Earl of Essex and for satisfying the vulgar sort I do not so much regard it though I love a good name but yet as a hand-maid and attendant of honesty and vertue For I am of his opinion that said pleasantly that it was a shame to him that was a Suitor to the Mistress to make Love to the Waiting-woman And therefore to Wooe or Court common fame otherwise then it followeth upon honest courses I for my part find not my self fit nor disposed But on the otherside there is no worldly thing that concerneth my self which I hold more dear then the good opinion of certain persons amongst which there is none I would more willingly give satisfaction unto then to your Lordship First because you loved my Lord of Essex and therefore will not be partial towards me which is part of that I desire next because it hath ever pleased you to shew your self to me an honourable friend and so no baseness in me to seek to satisfie you And lastly because I know your Lordship is excellently grounded in the true rules and habits of duties and moralities which must be they which shall decide this matter wherein my Lord my defence needeth to be but simple and brief namely that whatsoever I did concerning that action and proceeding was done in my duty and service to the Queen and her State in which I would not shew my self falshearted nor faint-hearted for any mans sake alive For every honest man that hath his heart well planted will forsake his King rather than forsake God and forsake his Friends than forsake his King and yet will forsake any earthly Commodity yea and his own life in some cases rather than forsake his Friend I hope the world hath not forgotten his degrees else the Heathen saying amicus usque ad aras shall jndge them and if any man shall say that I did officiously intrude my self into that business because I had no ordinary place the like may be said of all the business in effect that passed the hands of the learned Councel either of State or Revenue these many years wherein I was continually used for as your Lordship may remember the Queen knew her strength so well as she looked her word should be a Warrant and after the manner of the choicest Princes before her did not always tye her trust to place but did sometimes divide private favour from office And I for my part though I was not unseen in the world but I knew the condition was subject to envie and peril yet because I knew again she was constant in her favours and made an end where she began and especially because she upheld me with extraordinary access and other demonstrations confidence and Grace I resolved to endure it in expectation of better But my scope and desire is that your Lordship would be pleased to have the honourable patience to know the truth in some particularity of all that passed in this cause wherein I had any part that you may perceive how honest a heart I ever bare to my Sovereign and to my Countrey and to that Nobleman who had so well deserved of me and so well accepted of my deservings whose fortune I cannot remember without much grief But for any action of mine towards him there is nothing that passed me in my life-time that cometh to my remembrance with more clearness and less check of Conscience For it will appear to your Lordship that I was not only not opposite to my Lord of Essex but that I did occupy the utmost of my wits and adventured my Fortune with the Queen to have redintegrated his and so continued faithfully and industriously till his last fatal impatience for so I will call it after which day there was not time to work for him though the same my affection when it could not work upon the subject proper went to the next with no ill effect towards some others who I think do rather not know it than not acknowledge it And this I will assure your Lordship I will leave nothing untold that is truth for any enemy that I have to add and on the other side I must reserve much which makes for me upon many respects of Duty which I esteem above my Credit And what I have here set down to your Lordship I protest as I hope to have any part in Gods favour is true It is well known how I did many years since dedicate my travels and studies to the use and as I may term it service of my Lord of Essex which I protest before God I did not making election of him as the likeliest mean of my own advancement but out of the humour of a man that ever from the time I had any use of Reason whether it were reading upon good Books or upon the example of a good Father or by Nature I loved my Countrey more then was answerable to my Fortune and I held at that time my Lord to be the fittest instrument to do good to the State and therefore I applied my self wholly to him in a manner which I think happeneth rarely amongst men For I did not only labour carefully and industriously in that he set me about whether it were matter of advice or otherwise but neglecting the

be there kept The fond Lord Morley without any cause offered him is gone like a noddy to Lorrein SIR I Stayed this bearer two days longer then first I intended because the French Ambassador required Audience affirming that he had answer from the French King wherewith the Queens Majesty would be satisfied and yesterday he was here and shewed her Majesty the French Kings letters to him and thereof gave her Majesty a copy which I have and do send to you herewith an extract of a clause tending to the matter the letter being of it self long and full of good words purporting his desire to have the Scotish Queen restored and concord established betwixt the two Queens the letter is dated the 10. of June and I note that your letter is dated the 15. and by his aforesaid letter King writeth that he will within two days speak with you at Alansen Now how the Kings promise will be kept a short time will declare or how if he break it there shall be some ●avillations found wherein I doubt that they will seek illusions for that we do yet keep Hume Castle and Fast Castle which are kept with not past fourscore men and being the houses of the Lord Hume the Warden who aided our Rebels with his Forces to invade burn and spoil England and therefore is by the Laws of the Borders answerable to the subjects of England it is reason they be kept untill he will return or authorize some for him to make answer or to take order with the complainants which being done the Queen Majesty will readily restore them Thus much I have thought meet to impart Yours assuredly W. Cecil Oatlands 25. Inne 1570 To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador c. SIR I Am thrown into a Maze at this time that Iknow not how to walk from dangers Sir Walter Mildmay and I are sent to the Scotish Queen as by the Queens Majesties letters you may see God be our guide for neither of us like the Message I trust at my return when Mr. Walsingham shall be returned to help you home your sufficient is sufficient to impart unto you all our Occurrents and so I end Your assured friend W. Cecil Reading 26. Sept. 1570. To the right honorable Sir Henry Notris Knight the Queens Majesties Ambassador Resident in France The Lord Coke to King James touching trial of Duels out of England May it please your most excellent Majesty I Have received a commandment by Mr. Sollicitor from your Majesty consisting upon two parts First to answer whether I informed not your Majesty that if two of your Subjects should go over beyond Sea to fight in a Forreign Kingdom and there in fight the one killeth the other that in this case the same might be punished by appeal before the Constable and Marshal of England Secondly if I made any such information what authority and reason I had to maintain it To the first the truth is that I did inform your Majesty so and I well remember I said then that it was Dowties Case your Majesty then speaking of Duels To the second this is by authority of an Act of Parliament made in the first year of King Henry the Fourth the 14th Chapter in these words For many Inconveniencies and Mischiefs that have oftentimes happened by many Appeals made within the Realm before this time It is ordained and established from henceforth That all Appeals to be made of things done within the Realm shall be tryed and determined by the good Laws of this Realm made and used in the time of the Kings noble Progenitors And that all Appeals to be made of things done out of the Realm shall be tryed before the Constable and Marshal of England for the time being And that no Appeals be from henceforth made or in any wise pursued in Parliament in any time to come In the late Queens time a Case fell out upon this Statute Sir Francis Drake having put Dowtie to death beyond Sea the Brother and Heir of Dowtie sued by Petition to the Queen that she would be pleased to appoint a Constable hac vice to the end he might have an Appeal against Sir Francis Drake for the death of his Brother This Petition the Queen referred to Sir Thomas Bromley and the two chief Justices and others And it was resolved of by them which I being of Council with Dowtie set down briefly for my Learning That if two Englishmen go beyond Sea and in Combate the one killeth the other this offence may be determined before the Constable and Marshal of England and so was the Statute of 1 Henr. 4. to be intended But after upon the true circumstance of the Case the Queen would not constitute a Constable of England without whom no Proceeding could be And I take this resolution to be well warranted by the Statute and no small inconvenience should follow and a great defect should be in the Law if such bloody offences should not be punished and Your Majesty should lose a flower of Your Crown in losing this Power to punish these growing and dangerous offences I shewed to Mr. Sollicitor my Report and Memorial of Dowtie's Case and I shall ever remain Your Majesties Loyal and Faithful Subject Edw. Coke 19. Febr. 1616. The History of the Reign of King Henry the Eighth King Edward the Sixth Queen Mary and part of the Reign of Queen Elizabeth THE books which are written do in their kinds represent the faculties of the mind of man Poesie his Imaginations Philosophy his Reason and History his Memory of which three facuities least exception is commonly taken to memory because Imagination is often times idle and Reason litigious So likewise History of all writings deserveth least taxation as that which holdeth least of the Author and most of the things themselves Again the use which it holdeth to mans life if it be not the greatest yet assuredly it is the freest from ill accident or quality For those that are conversant much in Poets as they attain to greater variety so withall they become concieted and those that are brought up in Philosophy and Sciences do wax according as their nature is some of them too stiff and opinionative and some others too perplexed and confused whereas History possesseth the mind with conceits which are nearest allied unto action and imprinteth them so as it doth not alter the complexion of the minde neither to irresolution nor pertinacity But this is true that in no sort of writings there is a greater distance between the good and the bad no not between the most excellent Poet and the vainest Rimer nor between the deepest Philosopher and the most frivolous School-men then there is between good Histories and those that unworthily bear the same or the like title In which regard having purposed to write the History of England from the beginning of the Reign of King H. 8. of that name near unto the present time