here and not to proceed to any â—urther Vnion Contenting your Self with the two former Articles or Points For it will be said That we are now well thanks be to God And your Majesty and the State of neither Kingdome is to be repented of And that it is true which Hippocrates saith That Sana Corpora difficilè medicationes serunt It is better to make Alterationsâ— in sick Bodies then in sound The Consideration of which Point will rest upon these two Branches What Inconveniencies will ensue with time if the Realmes stand as they are divided which are yet not found nor sprung up For it may be the sweetnesse of your Majesties first Entrance and the great Benefit that both Nations have felt thereby hath covered many Inconveniencies Which neverthelesse be your Majesties Government never so gracious and Pollitick Continuance of Time and the Accidents of Time may breed and discover if the Kingdomes stand divided The Second Branch is Allow no manifest or important Perill or Inconvenience should ensue of the Continuing oâ— the Kingdomes Divided yet on the other Side whether that upon the further Vniting of them there be not like to follow that Addition and Encrease of Wealth and Reputation as is worthy your Majesties Vertues and Fortune to be the Authour and Founder of for the Advancement and Exaltation of Your Majesties Royall Posterity in time to come But admitting that your Majesty should proceed to this more perfect and entire Vnion Wherein your Majesty may say Majus Opus moveo To enter into the Parts and Degrees thereof I think fit first to set down as in a brief Table in whâ—t Points the Nations stand now at this present time already united And in what Points yet still severed and divided that your Majesty may the better see what is done and what is to be done And how that which is to be done is to be inferred upon that which is done The Points wherein the Nations stand already united are In Soveraignty In the Relative thereof which is Subjection In Religion In Continent In Language And now lastly by the Peace by your Majesty concluded with Spain In Leagues and Confederacies For now both Nations have the same Friends and the same Enemies Yet notwithstanding there is none of the six Points wherein the Vnion is perfect and Consummate But every of them hath some scruple or rather Grain of separation enwrapped and included in them For the Soveraignty the Vnion is absolute in your Majesty and your Generation But if it should so be which God of his infinite Mercy defend that your Issue should fail then the Descent of both Realmes doth resort to the severall Lines of the Severall Blouds Royall For Subjection I take the Law of England to be clear what the Law of Scotland is I know not That all Scottishmen from the very Instant of your Majesties Raign begun are become Denizons And the Post-Nati are naturaliz'd Subjects of England for the time forwards For by our Lawes none can be an Alien but he that is of another Allegeance then our Soveraign Lord the Kings For there be but two Sorts of Aliens whereof we find mention in our Law An Alien Ami and an Alien Enâ—my Whereof the former is a Subject of a State in Amity with the King And the latter a Subject of a State in Hostility But whether he be one or other it is an Essentiall Difference unto the Definition of an Alien if he be not of the Kings Allegeance As we see it evidently in the precedent of Ireland who since they were Subjects to the Crown of England have ever been Inheritable and capable as Naturall Subjects And yet not by any Statute or Act of Parliament but meerly by the Common Law and the Reason thereof So as there is no doubt that every Subject of Scotland wasâ— and is in like Plight and Degree since your Majesties Comming in as if your Majesty had granted particularly your Letters of Denization or Naturalization To every of them And the Post-Nati wholly Naturall But then on the other Side for the time Back-wards and â—or those that were Ante-Nati the Bloud is not by Law naturalized So as they cannot take it by Descentâ— from their Ancestours without Act of Parliament And therefore in this Point there is a Defect in the Vnâ—on of Subjection For Matter of Religion the Vnion is perfect in points of Doctrine but in Matter of Discipline and Government it is imperfect For the Continent It is true there are no Naturall Boundaries of Mountains or Seas or Navigable Rivers But yet theâ—e are Badges and Memorialls of Borders Of which Point I have spoken before For the Language It is true the Nations are unius Labii and and have not the first Curse of Disunion which was Confusion of Tongues whereby one understood not another But yet the Dialect is differing and it remaineth a kind of Mark of Distinction But for that Tempori permittendum it is to be left to Time For considering that both Languages do concur in the principall Office and Duty of a Language which is to make a Mans self understood For the rest it is rather to be accounted as was said a Diversity of Dialect then of Language and as I said in my first Writing it is like to bring forth the enriching of one Language by compounding and taking in the proper and significant Words of either Tongue rather then a Coutinuance of two Languages For Leagues and Confederacies It is true that neither Nation is now in Hostility with any State wherewith the other Nation is in Amity but yet so as the Leagues and Treaties have been concluded with either Nation respectively and not with both jointly which may contain some Diversity of Articles of straiâ—ness of Amity with one more then with the other But many of these Matters may perhaps be of that kind as may fall within that Rule In veste varietas sit scissura non sit Now to descend to the particular Points wherein the Realms stand severed and divided over and besides the former six Points of separation which I have noted and placed as defects or Abatements of the six Points of the Vnion And therfore shall not need to be repeated The Points I say yet remaining I will divide into Externall and into Internal The Externall Points therefore of the Separation are four 1. The severall Crowns I mean the Ceremoniall and Materiall Crowns 2. The second is the severall Names Stiles or Appellations 3. The third is the severall Prints of the Seals 4. The fourth is the severall Stamps or Marks of the Coins or Monies It is true that the Externall are in some respect and parts much mingled and interlaced with Considerations Internall And that they may be as effectuall to the rue Vnion which must be the work of Time as the Inâ—ernall Because they are Operative upon the Conceits and Opinions of the People The
may arise or be made against this Worke. Obj. 1. That it is a Thing needlesse And that the Law as it now is is in good Estate Comparable to any Forrain Law And that it is not possible for the Wit of Man in respect of the Frailty thereof to provide against the Incertainties and Evasions or Omissions of Law Resp. For the Comparison with Forraine Lawes it is in vaine to speak of it For men will never agree about it Our Lawyers will maintain for our Municipall Lawes Civilians Schollars Travaillers will be of the other Opinion But Certain it is that our Lawes as they now stand are subject to great Incertainties and variety of Opinion Delayes and Evasions Whereof ensueth 1. That the Multiplicity and length of Suites is great 2. That the Contentious Person is armed and the Honest Subject Wearied and Oppressed 3. That the Iudge is more Absolute Who in doubtfull Cases hath a greater stroak and Liberty 4. That the Chancery Courts are more filled the Remedy of Law being often obscure and dâ—â—â—â—fâ—ll 5. That the ignorant Lawyâ—r shrowdeth his Ignorance of Law in that doubts are so frequent and many 6. That Mens Assurances of their Lands and â—staâ—eâ— by Patents Deedes Wills are often subject to question and hollow And many the like Inconveniâ—ncâ—es It is a good Rule and Direction For that all Lawes Secundum Magis Minus do participate of Incertainties That folâ—oweth Mark whether the Doubts that arise are only in Cases of Ordinary Experience Or which haâ—pen not every day â—f in the first Only impute it to frailty of Manâ—â—oresight that cannot reach by Law to all Cases But if in the Lâ—ttâ—r be assured there is a fault in the Law Of this I say no more but that To give every Man his Due Had it not been for Sâ— Edward Cookes Reports which though they may have Errors and some peremptory and Extrajudiciall Resolutions more then are warranted Yet they containe infinite good Decisions and Rulings over of Cases The Law by this Time had been almost like a Ship without ballast For that the Cases of Modern Experience are fled from those that are adjudged and ruled in Former time But the Necessity of this Worke is yet greater in the Statute Law For First there are a number of Ensnaring Penall Lawes which lay upon the Subject And if in bad times they should be awaked and put in Execution would grinde them to powder There is a learned Civilian that expoundeth the Curse of the Prophet Pluet super eos Laqueos of Multitude of Penall Lawes Which are worse then showres of Hayle or Tempest upon Cattle for they fall upon Men. There are some Penall Lawes fit to be retained but tâ—â—ir â—enalty too great And it is ever a Rule that any ovâ—â— great Penalty besides the Acerbity of it deads the Execution of the Law There is a further Inconvenience of Penall Lawes Obsolete and out of Vse For that it brings a Gangrene Neglect and Habite Disobedience upon other wholesome Lawes that are fit to be continued in Practise and Execution So that our Lawes endure the Torment of Mezentius The living die in the Armes of the dead Lastly there is such an Accumulation of Statutes concerning one matter And they so crosse and intricate as the Certainty of Law is lost in the Heape As your Majesty had Experience last day upon the Point Whether the Incendâ—ary of New-market should have the benefit of his Clergy Obj. 1. That it is a great Innovation And Innovations are dangerous beyond foresight Resp. All Purgings and Medecines either in the Civile or Naturall Body are Innovations So as that Argument is a Common place against all Noble Reformations But the trâ—th is that this work ought not to be termed or held for any Innovation in the suspected sense For those are the Innovations which are quarrelled and spoken against that concern the Consciences Estates and Fortunes of particular persons But this of General Ordinance pricketh not particulars but passeth Sine Strepiâ—u Besides it is on the favourable part For it easeth it presseth not And lastly it is rather matter of Order and explanation then of Alteration Neither is this without President in former Governments The Romans by their Decemvirs did make their Twelve Tables But that was indeed a new Enacting or Constituting of Lawes Not a Registring or Recompiling And they were made out of the Lawes of the Graecians not out of their own Customes In Athens they had Sexvir which were standing Commissioners to watch and to discern what Lawes waxed unproper for the Time And what new Law did in any branch crosse a former Law and so Ex Officio propounded their Repeales King Lewis the 11th of France had it in his intention to have made one perfite and uniform Law out of the Civil Law Roman and the Povinciall Customes of France Iustinian the Emperour by Commissions directed to divers persons Learned in the Lawes reduced the Roman Lawes from Vastness of Volume and a Labyrinth of incertainties Unto that course of the Civill Law which is now in use I find here at home of late years That King Henry the 8th in the Twenty seventh of his Raign was authorized by Parliament to nominate Thirty two Commissioners part Ecclesiasticall part Temporall to purge the Canon Law and to make it agreeable to the Law of God and the Law of the Realm And the same was revived in the Fourth year of Edward the 6th though neither took effect For the Lawes of Lycurgus Solon Ninos and others of ancient time they are not the worse because Grammer Schollars speak of them But things too ancient wax Children with us again Edgar the Saxon King collected the Lawes of this Kingdome and gave them the Strength of a Faggot bound which formerly were dispersed The Statutes of King Edward the First were fundamentall But I doubt I err in producing so many Examples For as Cicero saith to Caesar so may I say to your Majesty Nil Vulgare te Dignum Videri possit Obj. 3. In this purging of the course of the Common Lawes and Statutes much good may be taken away Resp. In all Purging some good Humours may pass away But that is largely recompensed by Lightning the Body of much bad Obj. 4. Labour were better bestowed in bringing the Common Lawes of England to a Text Law as the Statutes are And setting both of them down in Method and by Titles Resp. It is too long a Businesse to debate whether Lex Scripta aut non Scripta A Text Law or Customes well registred with received and approved Grounds and Maximes and Acts and Resolutions Judiciall from Time to Time duely entred and reported Be the better Form of Declaring and Authorizing Lawes It was the principall Reason or Oracle of Lycurgus That none of his Lawes should be written Customes are Lawes written in Living Tables And some Traditions the Church doth not disauthorize In all Sciences they are the soundest that keep close
to Particulars And sure I am there are more Doubts that rise upon our Statutes which are a Text Law then upon the Common Law which is no Text Law But howsoever that Question be determined I dare not advise to cast the Law into a new Mould The work which I propoundâ— tendeth to proyning and Grafting the Law And not to Plow up and Planting it again for such a Remove I should hold indeed for a perillous Innovation Obj. 5. It will turn the Iudges Counsellors of Law and Students of Law to schoole again And make them to seek what they shall hold and advise for Law And it will impose a new charge upon all Lawyers to furnish themselves with new Bookes of Law Resp. For the Former of those â—ouching the new Labour It is true it would follow if the Law were new moulded into a Text Law For then Men must be new to begin And that is one of the Reasons for which I disallow that Course But in the way that I shall now propound the entire Body and Substance of Law shall remain Onely discharged of Idle and Unprofitable or Hurtfull Matter and Illustrated by Order and other Helps towards the better Understanding of it and Judgement thereupon For the Latter touching the new charge it is not worth the speaking of in a matter of so high importance It mought have been used of the New Translation of the Bible and such like Workes Bookes must follow Sciences and not Sciences Bookes The Work it Self And the Way to Reduce And Recompile the Lawes of England THIS Work is to be done to use some few words which is the Language of Action and Effect in this manner It consisteth of two parts The Digest or Recompiling of the Common Lawes And that of the Statutes In the first of these Three Things are to be done 1. The Compiling of a Booke De Antiquitatibus Iuris 2. The Reducing or Perfecting of the Course or Corps of the Common Lawes 3. The Composing of certain Introductive and Auxiliary Bookes touching the Study of the Lawes For the first of these All Auncient Records in your Tower or else where Containing Acts of Parliament Lords Patents Commissions and Iudgements and the like are to be Searched Perused and Weighed And out of these are to be selected those that are of most Worth and Weight And in order of Time not of Titles for the more Conformity with the Yeare-Bookes to be set Down and Registred Rarely in haec Verba But summed with Judgement not omitting any materiall part These are to be used for Reverend Presidents but not for Binding Authorities For the Second which is the Maine There is to be made a perfect Course of the Law in Serie Temporis or Yeare-Bookes As we call them from Edward the First to this Day In the Compiling of this Course of Law or Yeare-Bookes The points following are to be observed First all Cases which are at this Day clearely no Law but constantly ruled to the contrary are to be left out They do but fill the Volumes and season the Wits of Students in a contrary sense of Law And so likewise all Cases wherein that is solemnly and long debated whereof there is now no Question at all are to be entred as Iudgements only and Resolutions But without the Arguments which are now become but frivolous Yet for the Observation of the deeper sort of Lawyers that they may see how the Law hath altered out of which they may pick sometimes good use I do advise That upon the first in time of those Obsolete Cases there were a Memorandum set That at that time the Law was thus taken untill such a time c. Secondly â—omonymiae as Iustinian calleth them That is Cases meerly of Iteration and Repetition are to be purged away And the Cases of Identity which are best Reported and Argued to be retained instead of the Rest The Iudgements neverthelesse to be set down every one in time as they are But with a Quotation or Reference to the Case where the Point is argued at large but if the Case consist part of Repetition part of new Matter The Repetition is onely to be omitted Thirdly as to the Antinomiae Cases Judged to the Contrary It were too great a trust to refer to the Judgement of the Composers of this work to decide the Law either way except there be a currant stream of Judgements of later times and then I reckon the Contrary Cases amongst Cases Obsolete of which I have spoken before Neverthelesse this diligence would be used that such Cases of Contradiction be specially noted and collâ—cted to the end those Doubts that have been so long Militant May either by assembling All the Iudges in the Exchequer Chamber or by Parliament be put into certainty For to do it by bringing them in question under fained parties is to be disliked Nil habeat Forum ex scenâ Fourthly All Idle Quaeries which are but Seminaries of Doubts and Incertainties are to be left out and omitted and no Quaeries set down but of great Doubts well debated and left undecided for difficulty But no doubting or upstarting Quaeries Which though they be touched in Argument for Explanation yet were better to die then to be put into the Bookes Lastly Cases Reported with too great prolixity would be drawn into a more Compendious Report Not in the Nature of an Abridgement but Tautoligies and Impertinences to be cut off As for Misprinting and Insensible Reporting which many times confound the Students that will be Obiter amended But more principally if there be any thing in the Report which is is not well warranted by the Record that is also to be rectified The Course being thus Compiled Then it resteth but for your Majestyâ— to appoint some grave and sound Lawyers with some honourable stipend to be Reporters for the Time to come And then this is setled for all times FOR the Auxiliary Books that Conduce to the Study and Science of the Law they are three Institutions A Treatise de Regulis Iuris And a better Book De verborum significationibus or Terms of the Law For the Institutions I know well there be Books of Introductions wherewith Students begin of good worth Specially Littleton and Fitzherbert Natura Brevium But â—hey aâ—e no wayes of the Nature of an Institutions The Office whereof is to be a Key and generall preparation to the Reading of the Course And principally it ought to have â—wo Properties The one a perspicuous and clear Order oâ— Method And the other an Vniversall Latitude or Comprehension That the Students may have a little Prae-Notion of every Thing Like a Modell towards a great Building For the Treatise de Regulis Iuris I hold it of all other Things the most important to the Health as I may term it and good Institutions of any Laws It is indeed like the ballast of a Ship to keep all upright and stable But I have seen little in this kind
right we know in their Capacity and understanding they are a people Ingenious In Labour Industrious In Courage Valiant In Body Hard Active and Comely More might be said but in commending them we do but in effect commend our selves For they are of one Piece and Continent with us And Truth is we are participant both of their Vertues and Vices For if they have been noted to be a people not so tractable in Gâ—vernment we cannot without flatteâ—ing our selves free our selves altogether from that Fault Being indeed a thing incident to all Martiall People As we see it evident by the Example of the Romans and others Even like unto Fierce Horses that though they be of better service then others yet are they harder to guid and to mannage But for this Objection Mr. Speaker I purpose to answer it Not by Authority of Scripture which saith Beatius est dare quam accipere But by an Authority framed and derived from the Judgement of our selves and our Ancestors in the same case as to this point For Mr. Speaker in all the Line of our Kings none useth to carry greater Commendation then his Majesties Noble Progenitour King Edward the First of that Name And amongst his other Commendations both of War and Pollicy none is more celebrated then his purpose and Enterprise for the Conquest of Scotland As not bending his Designes to glorious Acquests abroad but to solid strength at home which nevertheless if it had succeeded well could not but have brought in all those Inconveniences of the Commixture of a more Opulent Kingdome with a less that are now alledged For it is not the Yoke either of our Arms or of our Lawes that can alter the nature of the Climate or the Nature of the Soyl Neither is it the Manner of the Commixture that can alter the Matter of the Commixture And therefore Mr. Speaker if it were good for us then it is good for us now And not to be prised the less because we paid not so dear for it But a more full Answer to this Objection I refer over to that which will come after to be spoken touching Surety and Greatness The fourth Objection Mr. Speaker is not properly an Objection but rather a preoccupation of an Objection of the other side For it may be said and very materially whereabout do we contend The Benefit of Naturalization is by the Law in as many as have been or shall be born since his Majesties Comming to the Crown already setled and invested There is no more then but to bring the Ante-Nati into the Degree of the Post-Nati that Men grown that have well deserved may be in no worse case then children which have not deserved And Elder Brothers in no worse case then yonger Brothers So as we stand upon Quiddam not Quantum Being but a little difference of Time of one Generation from another To this Mr. Speaker it is said by some That the Law is not so but that the Post-Nati are Aliens as well as the rest A point that I mean not much to argue Both because it hath been well spoken to by the Gentleman that spake last before me And because I do desire in this Case and in this place to speak rather of Convenience then of Law Onely this will I say That that Opinion seems to me Contrary to reason of Law Contrary to form of pleading in Law And Contrary to Authority and Experience of Law For Reason of Law when I meditate of it Methinks the wisdom of the Common Laws of England well observed is Admirable in the Distribution of the Benefit and protection of the Laws According to the severall Conditions of Persons in an excellent Proportion The Degrees are four but bipartite Two of Aliens and Two of Subjects The first Degree is of an Alien born under a King or State that is an Enemy If such an one come into this Kingdom without safe Conduct it is at his perill The Law giveth him no protection neither for Body Lands nor Goods So as if he be slain there is no Remedy by any Appeal at the parties sute although his wife were an English Woman Marry at the Kings sute the Case may be otherwise in regard of the offence to the Peace The Second Degree is of an Alien that is born under the faith and Allegiance of a King or State that is a friend Unto such a Person the Law doth impart a greater Benefit and protection That is concerning things personall Transitory and Moveable As Goods and Chattels Contracts and the like But not concerning Freehold and Inheritance And the reason is because he may be an Enemy though he be not For the State under the Obeisance of which he is may enter intoy Quarrell and Hostility And therefore as the Law hath but a Transitory Assurance of him so it rewards him but with Transitory Benefits The third Degree is of a Subject who having been an Alien is by Charter made Denizen To such an one the Law doth impart yet a more ample Benefit For it gives him power to purchase Free-Hold and Inheritance to his Own use And likewise enables the Children born after his Denization to inherit But yet nevertheless he cannot make Title or convey Pedegree from any Ancestour Paramount For the Law thinks not good to make him in the same Degree with a Subject born Because he was once an Alien and so mought once have been an Enemy And Nemo subitò fingitur Mens Affections cannot be so setled by any Benefit as when from their Nativity they are inbred and inherent And the fourth Degree which is the perfect Degree is of such a Person that neither is Enemy nor can be Enemy in time to come Nor could have been Enemy at any time past And therefore the Law gives unto him the full Benefit of Naturalization Now Mr. Speaker if these be the true Steps and Paces of the Law no Man can deny but whosoever is born under the Kings Obedience never could in Aliquo puncto temporis be an Enemy A Rebell he mought be but no Enemy And therefore in Reason of Law is naturalized Nay contrary-wise he is bound Iure Nativitatis to defend this Kingdome of England against all Invaders or Rebels And therefore as he is obliged to the protection of Arms And that perpetually and universally so he is to have the perpetuall and universall Benefit and protection of Law which is Naturalization For Form of Pleading it is true that hath been said That if a Man would plead another to be an Alien He must not onely set forth negatively and privatively that he was born out of the Obedience of our Soveraign Lord the King But affirmatively under the Obedience of a forrain King or State in particular which never can be done in this case As for Authority I will not press it you know all what hath been published by the Kings Proclamation And for Experience of Law we see it in the Subjects of Ireland
Time to be perfected both for the Compiling and for the Passing During all which time if this Mark of Strangers should be denied to be taken away I fear it may induce such a Habit of Strangeness as will rather be an Impediment then a preparation to further proceeding For he was a wise Man that said Opportuni Magnis Conatibus Transitus Rerum And in those Cases Non progredi est Regredi An like as in a pair of Tables you must put out the former writing before you can put in new And again that which you write in you write Letter by Letter But that which you put out you put out at once So we have now to deal with the Tables of Mens Hearts wherein it is in vain to think you can enter the willing Acceptance of our Laws and Customs except you first put sorth all Notes either of Hostility or Forrain Condition And these are to be put out simulet semel at once without Gradations whereas the other points are to be imprinted and engraven distinctly and by degrees Thirdly whereas it is conceived by some that the Communication of our Benefits and priviledges is a good Hold that we have over them to draw them to submit themselves to our Laws It is an Argument of some probability but yet to be answered many wayes For first the Intent is mistaken Which is not as I conceive it to draw them wholy to a Subjection to our Lawâ— But to draw both Nations to one uniformity of Law Again to think that there should be a kind of Articulate and Indented Contract That they should receive our Laws to obtain our priviledges it is a Matter in reason of Estate not to be expected Being that which scarcely a private Man will acknowledge if it come to that whereof Seneca speaketh Beneficium accipere est Libertatem vendere No but Courses of Estate do describe and delineate another way Which is to win them either by Benefit or Custome For we see in all Creatures that Men do Feed them first and Reclaim them after And so in the first Institution of Kingdomes Kings did first win People by many Benefits and Protections before they prest any Yoke And for Customeâ— which the Poets call Imponere Morem Who doubts but that the Seat of the Kingdome and the Example of the King resting here with us our Manners will quickly be there to make all things ready for our Laws And lastly the Naturalization which is now propounded is qualified with such Restrictions as there will be enough kept back to be used at all times for an Adamant of drawing them further on to our Desires And therefore to conclude I hold this Motion of Vnion of Laws very worthy and arising from veâ—y good Minds but not proper for this Time To come therefore to that which is now in Question It is no more but whither there should be a Difference made in this priviledge of Naturalization between the Ante-Nati and the Post-Nati Not in point of Law for that will otherwise be decided but onely in point of Convenience As if a Law were now to be made de novo In which Question I will at this time onely answer two Objections And use two Arguments and so leave it to your Judgement The first Objection hath been That if a Difference should be it ought to be in favour of the Ante-Nati Because they are Persons of Merit Service and Proof whereas the Post-Nati are Infants That as the Scripture saith know not the Right Hand from the Left This were good Reason Mr. Speaker if the Question were of Naturalizing some particular Persons by a private Bill But it hath no proportion with the generall Case For now we are not to look to respects that are proper to some but to those which are common to allâ— Now then how can it be imagined but that those that took their first Breath since this happy Vnion inherent in his Majesties Person must be more assured and affectionate to this Kingdome then those generally can be presumed to be which were sometimes Strangers For Nemo subitò fingitur The Conversions of Minds are not so swift as the Conversions of Times Nay in Effects of Grace which exceed far the Effects of Nature we see Saint Paul makes a difference between those he calls Neophites That is newly grafted into Christianity And those that are brought up in the Faith And so we see by the Lawes of the Church that the Children of Christians shall be Baptized in regard of the Faith of their Parents But the Child of an Eâ—hnick may not receive Baptism till he be able to make an understanding Profession of his Faith Another Objection hath been made That we ought to be more provident and reserved to restrain the Post-Nati then the Ante-Nati Because during his Majesties time being a Prince of so approved Wisdome and Iudgement we need no better Caution then the Confidence we may repose in Him But in the Futuâ—e Reigns of succeeding Ages our Caution must be in Re and not in Personâ But Mr. Speaker to this I answer That as we cannot expect a Prince hereafter less like to erre in respect of his Judgement so again we cannot expect a Prince so like to exceed if I may so term it in this point of Beneficence to that Nation in respect of the Occasion For whereas all Princes and all Men are won either by Merit or Conversation there is no Appearance that any of his Majesties Descendants can have either of these Causes of Bounty towards that Nation in so ample Degree as his Majesty hath And these be the two Objections which seemed to me most Materiall why the Post-Nati should be left free and not be concluded in the same Restrictions with the Ante-Nati whereunto you have heard the Answers The two Reasons which I will use on the other side are briefly these The one being a Reason of Common Sense The other a Reason of Estate We see Mr. Speaker the Time of the Nativity is in most Cases principally regarded In Nature the Time of planting and setting is chiefly observed And we see the Astrologers pretend to judge of the Fortune of the Party by the Time of the Nativity In Lawes we may not unfitly apply the Case of Legitimation to the Case of Naturalization For it is true that the Common Canon Law doth put the Ante-Natus and the Post-Natus in one Degree But when it was moved to the Parliament of England Barones unâ voce responderunt Nolumus Leges Angliae mutare And though it must be confessed that the Ante-Nati and Post-Nati are in the same Degree in Dignities yet were they never so in Abilities For no Man doubts but the Son of an Earl or Baron before his Creation or Call shall inherite the Dignity as well as the Son born after But the Son of an Attainted Person born before the Attainder shall not inherit as the After born shall notwithstanding Charter of Pardon
be too great a Work to embrace whether it were not convenient that Cases Capitall were the same in both Nations I say the Cases I do not speak of the Proceedings or Trials That is to say whether the same Offences were not fit to be made Treason or Felony in both places The Third Question is whether Cases Penall though not Capitall yet if they concern the Publick State or otherwise the Discipline of Manners were not fit likewise to be brought into one Degree As the Case of Misprision of Treason The Case of Premunire The Case of Fugitives The Case of Incest The Case of Simony and the rest But the Question that is more urgent then any of these is Whether these Cases at the least be they of an higher or inferiour degrâ—e Wherein the Fact committed or Act done in Scotland may prejudice the State and Subjects of England or é converso Are not to be reduced into one Vniformity of Law and Punishment As for Example A perjury committed in a Court of Iustice in Scotland cannot be prejudiciall in England Because Depositions taken in Scotland cannot be produced and used here in England But a Forgery of a Deed in Scotland I mean with a false Date of England may be used and given in Evidence in England So likewise the Depopulating of a Town in Scotland doth not directly prejudice the State of England But if an English Merchant shall carry Silver and Gold into Scotland as he may and thence transport it into forrain parts this prejudiceth the State of England And may be an Evasion to all the Lawes of England ordained in that Case And therefore had need to be bridled with as severe a Law in Scotland as it is here in England Of this kind there are many Lawes The Law of the 50 of Rich. the 2. of going over without licence if there be not the like Law in Scotland will be frustrated and evaded For any Subject of England may go first into Scotland and thence into forrain parts So the Lawes prohibiting Transportation of sundry Commodities as Gold and Silver Ordnance Artillery Corn c. if there be not a Correspondence of Lawes in Scotland will in like manner be deluded and frustrate For any English Merchant or Subject may carry such Commodities first into Scotland as well as he may carry them from Port to Port in England And out of Scotland into Forrain Parts without any Perill of Law So Libells may be devised and written in Scotland and published and scattered in England Treasons may be plotted in Scotland and executedâ— in England And so in many other Cases if there be not the like Severity of Law in Scotland to restrain Offences that there is in England whereof we are here ignorant whether there be or no It will be a Gap or Stop even for English Subjects to escape and avoid the Lawes of England But for Treasons the best is that by the Statute of 26. K. Hen. the 8'h Cap. 13. any Treason committed in Scotland may be proceeded with in England as well as Treasons committed in France Rome or elsewhere For Courts of Iustice Trialls Processes and other Administration of Lawes to make any Alteration in either Nation it will be a Thing so new and unwonted to either People That it may be doubted it will make the Administration of Iustice Which of all other Things ought to be known and certain as a beaten way To become intricate and uncertain And besides I do not see that the Severalty of Administration of Iustice though it be by Court Soveraign of last Resort I mean without Appeal or Errour Is any Impediment at all to the Vnion of a Kingdom As we see by Experience in the severall Courts of Parliament in the Kingdome of France And I have been alwayes of Opinion that the Subjects of England do already fetch Iustice somewhat far off more then in any Nation that I know the largeness of the Kingdome Considered though it be holpen in some part by the Circuits of the Iudges And the two Councels at York and in the Marches of Wales established But it may be a good Question whether as Commune Vinculum of the Iustice of both Nations your Majesty should not erect some Court about your person in the Nature of the Grand Councell of France To which Court you might by way of Evocation draw Causes from the ordinary Iudges of both Nations For so doth the French King from all the Courts of Parliament in France Many of which are more remote from Paris then any part of Scotland is from London For Receits and Finances I see no Question will arise In regard it will be Matter of Necessity to establish in Scotland a Receit of Treasure for Payments and Erogations to be made in those parts And for the Treasure of Spare in either Receipts the Custodies thereof may well be severall considering by your Majesties Commandement they may be at all times removed or disposed according to your Majesties Occasions For the Patrimonies of both Crowns I see no Question will arise Except your Majesty would be pleased to make one compounded Annexation for an Inseparable Patrimony to the Crown out of the Lands of both Nations And so the like for the Principality of Britain and for other Appennages of the rest of your Children Erecting likewise such Dutchies and Honours compounded of the Possessions of both Nations as shall be thought fit For Admiralty or Navy I see no great question will arise For I see no Inconvenience for your Majesty to continue Shipping in Scotland And for the Iurisdictions of the Admiralties and the Profits and Casualties of them they will be respective unto the Coasts over against which the Seas lye and are situated As it is here with the Admiralties of England And for Merchandizing it may be a Question whether that the Companies of the Merchant Adventurers of the Turky Merchants and the Muscovy Merchants if they shall be continued should not be compounded of Merchants of both Nations English and Scottish For to leave Trade free in the one Nation and to have it restrained in the other may percase breed some Inconvenience For Freedomes and Liberties the Charters of both Nations may be reviewed And of such Liberties as are agreeable and convenient for the Subjects and People of both Nations one Greaâ— Charter may be made and confirmed to the Subjects of Britain And those Liberties which are peculiar or proper to either Nation to stand in State as they do But for Imposts and Customes it will be a great Question how to accommodate them and reconcile them For if they be much easier in Scotland then they be here in England which is a Thing I know not then this Inconvenience will follow That the Merchants of England may unlade in the Ports of Scotland And this Kingdome to be served from thence and your Majesties Customes abated And for the Question whether the Scottish
glory to judge the World That the Sufferings and Merits of Christ as they are sufficient to do away the Sinns of the whole World so they are onely effectuall to those which are Regenerate by the Holy Ghost Who breatheth where he will of Free Grace which Grace as a Seed Incorruptible quickeneth the Spirit of Man and conceiveth him anew a Son of God and Member of Christ So that Christ having Mans Flesh and Man having Christs Spirit there is an open passage and Mutuall Imputation whereby Sin and Wrath was conveyed to Christ from Man And Merit and Life is conveyed to Man from Christ VVhich Seed of the Holy Ghost first figureth in us the Image of Christ slain or crucified through a lively Faith And then reneweth in us the Image of God in Holinesse and Charity though both imperfectly and in degrees farre differing even in Gods Elect As well in regard of the Fire of the Spirit as of the Illumination thereof which is more or lesse in a large proportion As namely in the Church before Christ VVhich yet neverthelesse was partaker of one and the same Salvation with us And of one and the same Means of Salvation with us That the Work of the Spirit though it be not tyed to any Means in Heaven or Earth yet it is ordinarily dispensed by the Preaching of the Word The Administration of the Sacraments The Covenants of the Fathers upon the Children Prayer Reading The Censures of the Church The Society of the Godly the Crosse and Afflictions Gods Benefits His Iudgements upon others Miracles The Contemplation of his Creatures All which though some be more principall God useth as the Means of Vocation aâ—d Conversion of his Elect Not derogating from his power to call immediately by his Grace and at all Howers and Momentâ— of the Day That is of Mans Life according to his good pleasure That the Word of God whereby his Will is revealed continued in Revelation and Tradition untill Moses And that the Scriptures were from Moses Time to the times of the Apostles and Evangelists In whose Age aftâ—r the comming of the Holy Ghost the Teacher of all Truth the Book of the Scriptures was shut and closed so as not to receive any new Addition And that the Church hath no power over the Scriptures to teach or command any Thing contrary to the written Word But is as the Ark wherein the Tables of the First Testament were kept and preserved That is to say the Church hath onely the Custody and Delivery over of the Scriptures committed unto the same Together with the Interpretation of them but such onely as is conceived from themselves That there is an Universall or Catholick Church of God dispersed over the face of the Earth which is Christs Spouse and Christs Body Being gathered of the Fathers of the old World of the Church of the Iewes of the Spirits of the Faithfull Dissolved and the Spirits of the Faithfull Militant and of the Names yet to be born which are already written in the Book of Life That there is also a Visible Church distinguished by the outward VVorks of Gods Covenant and the Receiving of the Holy Doctrine with the Use of the Mysteries of God and the Invocation and Sanctification of his Holy Name That there is also an Holy Succession in the Prophets of the New Testament and Fathers of the Church from the time of the Apostles and Disciples which saw our Saviour in the Flesh unto the Consummation of the Work of the Ministry which persons are called from God by Gift or inward Anointing And the Vocation of God followed by an outward Calling and Ordination of the Church I believe that the Soules of those that dye in the Lord are blessed and rest from their Labours and enjoy the Sight of God yet so as they are in Expectation of a further Revelation of their Glory in the last Day At which time all Flesh of Man shall arise and be changed and shall appear and receive from Iesus Christ his Eternall Iudgement And the Glory of the Saints shall then be full And the Kingdome shall be given up to God the Father From which Time all things shall continue for ever in that Being and State which then they shall receive So as there are three Times if Times they may be called or parts of Eternity The first the Time before beginnings when the Godhead was onely without the Being of any Creature The Second the Time of the Mystery which continueth from the Creation to the Dissolution of the World And the Third the Time of the Revelation of the Sonnes of God which Time is the last and is everlasting without change FINIS A Perfect List of his Lordships true Works both in English and Latin In English AN Apology touching the Earl of Essex The Elâ—ments of the Common Laws of England Advancement of Learning Essayes with the Colours of Good and Evil. Charge against Duels History of the Reign of King Henry the seventh Counsels Civil and Moral Or the Essayes revised and enriched Translation of certain Psalms into Verse The Natural History with the Fable of the New Atlantis Miscellany Works containing A Discourse of a Warr with Spain Miscellany Works containing A Dialogue touching an Holy Warr. Miscellany Works containing A Preface to a Digest of Laws Miscellany Works containing The Beginning of the History of K. Henry the 8. History of Life and Death translated into English De Augmentis Scientiarum translated into English by Doctour Guilbert Watts of Oxford This present Volume with the Particulars contained in the same In Latine DE Sapientiâ Veterum Instauratio Magna Historia Ventorum Historia Vitae Mortis De Augmentis Scientiarum Historia Regni Henrici Septimi Regis Angliae Sermones Fideles sive Interiora Rerum Dialogus de Bello Sacro Nova Atlantis Historia Naturalis versa et evulgata operâ— et curâ Iacobi Gruteri Opera Philosophica et alia nondum sed propediem Deo favente Typis mandanda As for other Pamphlets whereof there are severall put forth under his Lordships Name they are not to be owned for his Books Printed for VVilliam Lee and are to be sold at his shop at the Turks-Head in Fleetstreet ANnotations upon all the New Testament A Systeme or Body of Divinity in 10. Books wherein the Fundamental and main Grounds of Religion are opened in Folio 1654 about 240. Sheets The Saints Encouragement in Evil times in 120. 1651. All written by Edward Leigh Esquire Master of Arts in Magdalen Hall in Oxford An Exposition of the Prophecie of Haggee in fifteen Sermons by that famous Divine Iohn Reynolds D.D. in 40. 1649. An Exposition of the Psalms of Degrees The Young mans Tutor both wriâ— by T. Stint in 80. Herestography or a Description of all the Heresies and Sectaâ—ies of these later times by Eph. Pagit 40. with new Additions 1654. of the Ranters and Quakers Contemplations Sighs and Groans of a Christian published by W.
and Treaties of Intercourse with Forrain Nations I touched them before In these Points of the straight and more inward Vnion there will interveyn one principall Diffiâ—ulty and Impediment growing from that Root which Aristotle in his Politicks maketh to be the Root of all Division and Dissention in Common Wealths And that is Equality and Inequality For the Realm of Scotland is now an Ancient and Noble Realm substantive of it self But when this Island shall be made Britain then Scotland is no more to be considered as Scotland but as a part of Britain No more then England is to be considered as England but as a part likewiâ—e of Britain And consequently neither of these are to be considered as Things entire of themselves but in the Proportion that they bear to the Whole And therefore let us imagine Nam id Mente Possumus quod actu non Possumus that Britain had never been divided but had ever been one Kingdome Then that part of Soyl or Territory which is comprehended under the Name of Scotland is in quantity as I have heard it esteemed how truly I know not Not past a third paâ—t of â—ritain And that part of Soyl or Territory which is comprehended under the Name of England is two parts of Britain Leaving to speak of any Difference of Wealth or Population and speaking onely of Quantity So then if for Example Scotland should bring to Parliament as much Nobility as England then a Third part should countervail two parts Nam si Inaequalibus aequalia addas omnia erunt â—naequalia And this I protest before God and your Majesty I do speak not as a Man born in England but as a Man born in Britain And therefore to descend to the particulars For the Parliaments the Consideration of that Point will fall into four Questions 1. The first what proportion shall be kept between the Votes of England and the Votes of Scotland 2. The Second touching the Manner of Proposition or possessing of the Parliament of Causes there to be handled Which in England is used to be done immediaâ—ly by any Member of the Parliament or by the Prolocutor And in Scotland is used to be done immediatly by the Lords of the Articles Whereof the one Form seemeth to have more Liberty and the other more Grâ—vity and Maturity And therefore the Question will be whether of these shall yield to other Or whether there should not be a Mixture of both by some Commissions precedent to every Parliament in the Nature of Lords of the Articles And yet not Excluding the Liberty of propounding in full Parliament afterwards 3. The Third touching the Orders of Parliament how they may be compounded and the best of either taken 4. The Fourth how those which by Inheritance or otherwise have Offices of Honour and Ceremony in both the Parliaments as the Lord Steward with us c. may be satisfied and Duplicity accommodated For the Councells of Estate while the Kingdomes stand divided it should seem necessary to continue severall Councells But if your Majâ—styâ— should proceed to a strict Vnion then howsoever your Majesty may establish some Provinciall Councells in Scotland as there is here of Yorke and in the Marches of Wales Yet the Question will be whether it will not be more convenient for your Majesty to have but one Trivy Councell about your Person Whereof the Principall officers of the Crown of Scotland to be for Dignity sake howsoever their Abiding and Remaining may be as your Majesty shall imploy their Service But this Point belongeth meerely and wholy to your Majesties Royall Will and Pleasure For the Officers of the Crown the Consideration thereof will fall into these Questions First in regard of the Latitude of your Kingdom and the Distance of Place whether it will not be Matter of necessity to continue the severall Officers because of the Impossibility for the service to be performed by one The Second admitting the Duplicity of Officers should be continued yet whether there should not be a Difference that one should be the Principall Officer and the other to be but Speciall and Subalterne As for example one to be Chancellour of Britain and the other to be Chancellour with some speciall Addition As here of the Dutchy c. The Third if no such specialty or Inferiority be thought fit then whether both Officers should not have the Tiâ—le and the Name of the whole Island and Precincts As the Lord Chanceller of England to be Lord Chanceller of Britain And the Lord Châ—nceller of Scotland to be Lord Chanceller of Britain But with severall proviso's that they shall not intromit themselves but within their severall precincts For the Nobilities the Consideration thereof will fall into these Questions The First of their Votes in Parliament which was touched before what proportion they shall bear to the Nobility of England Wherein if the Proportion which shall be thought â—it be not full yet your Majesty may out of your Prerogative supply it For although you cannot make fewer of Scotland yet you may make more of England The Second is touching the Place and Precedence wherein to marshall them according to the Precedence of England in your Majesties Stile And according to the Nobility of Ireland That is all English Earles first and then Scottish will be thought unequall for Scotland To marshall them according to Antiquity will be thought unequall for England Because I hear their Nobility is generally more ancient And therefore the Question will be whether the indifferentest way were not to take them enterchangeably As for Example First the Ancient Earl of England And then the Ancient Earl of Scotland And so Alternis Vicibus For the Lawes to make an intire and perfect Vnion it is a Matter of great Difficulty and Length Both in the Collecting of them and in the Passing of them For first as to the Collecting of them there must be made By the Lawyers of either Nation a Disgest under Titles of their severall Lawes and Customesâ— Aswell Common Lawes as Staâ—utes That they may be Collated and Compared And that the Diversities may appear and be discerned of And for the Passing of them we see by expeâ—rience that Patrius Mos is dear to all men And that Men are bred and nourished up in the Love of it And therefore how harsh Changes and Innovations are And we see likewise what Disputation and Argument the Alteration of some one Law doth cause and bring forth How much more the Alteration of the whole Corps of the Law Therefore the first Question will be whether it be not good to proceed by parts and to take that that is most necessary and leave the rest to Time The Parts therâ—fore or Subject of Lawes are for this purpose fitliest distributed according to that ordinary Division of Criminall and Civill And those of Criminall Causes into Capitall and Penall The Second Question therefore is Allowing the Generall Vnion of Lawes to
within the Compasse of any Moderation But theâ—e Things being with us to have an orderly passage under a King who hath a Royall power and approved Judgement And knoweth as well the Measure of Things as the Nature of them It is surely a needlesse Fear For they need not doubt but your Majesty with the advise of your Councell will discern what Things are intermingled like the Tares amongst the wheat which have their Roots so enwrapped and entangled as the one cannot be pulled up without endangering the other And what are mingled but as the Chaffe and the Corn which need but a Fanne to sift and sever them So much therefore for the first Point of no Reformation to be admitted at all For the Second Point that there should be but one form oâ— Discipline in all Churches And that imposed by necessity of a Commandement and prescript out of the word of God It is a Matter Volumes have been compiled of and therefore cannot receive a brief Redargution I for my part do confesse that in Revolving the Scriptures I could never find any such Thing But that God had left the like Liberty to the Church Government as he had done to the Civill Government To be varied according to Time and Place and Accidents which neverthelesse his high and Divine Providence doth order and dispose For all Civil Governments are restrained from God unto the general Grounds of Justice and Manners But the Policies and Forms of them are left Free So that Monarchies and Kingdoms Senates and Seignories Popular States and Communalties are lawfull And where they are planted ought to be maintained inviolate So likewise in Church Matters the Substance of Doctrine is Immutable And so are the generall Rules of Government But for Rites and Ceremonies And for the particular Hierarchies Policies and Disciplines of Churches they be left at large And therefore it is good we return unto the ancient Bounds of Vnity in the Church of God which was One Faith One Baptisme And not one Hierarchy one Discipline And that we observe the League of Christians as it is penned by our Saviour which is in substance of Doctrine this He that is not with us is against us But in Things indifferent and but of circumstance this He that is not against us is with us In these things so as the generall Rules be observed That Christs Flock be fed That there be a Succession in Bishops and Ministers which are the Prophets of the new Testament That â—here be a due and reverent use of tâ—e power of the Keyes That those that preach the Gospel live of the Gospel That all things tend to edification That all things be done in order and with decency And the like The rest is left to the Holy wiâ—dome and Spirituall Discretion of the Master Builders and inâ—eriour Builders in Christs Church As it is excellently alluded by that Father that noted That Christs Garment was without Seam and yet the Churches Gâ—rment was of divers Colours And thereupon setteth down for a Rule In veste varietas sit scissura non fit In which Variety neverthelesse it is a safe and wise Course to follow good Examples and Presidents But then by the Rule of Imitation and Example to consider not onely which are Best but which are the Likeliest as namely the Goverâ—ment of the Church in the purest Times of the first Good Emperours that embraced the Faith For the Times of Persecution before Temporall Princes received our Faith As they were excellent Times for Doctrine and Manners so they be unproper and unlike Examples of outward Government and Policie And so much for this Point Now to the particular Points of Controversies or rather of Reformation Circumstances in the Government of Bishops FIrst therefore for the Government of Bishops I for my part not prejudging the Presidents of other Reformed Churches do hold it warranted by the Word of God and by the Practise of the Ancient Church in the better Times And much more convenient for Kingdoms then Parity of Ministers and Government by Synods But then further it is to be considered that the Church is not now to plant or Build But onely to be proiâ—ed from Corruption And to be repaired and restored in some decayes For it is worth the Noting that the Scripture saith Translato Sacerdotio necesse est ut Legis fiat Translatio It is not possible in respect of the great and neer Sympathy between the State Civill and the State Ecclesiasticall to make so main an alteration in the Church but it would have a perillous operation upon the Kingdoms And therefore it is fit that Controversie be in Peace and Silence But there be two Circumstances in the Administration of Bishops Wherein I confesse I could never be satisfied The one the sole Exercise of their Authority The other the Deputation of their Authority For the First the Bishop giveth Orders alone Excommunicateth alone Iudgeth alone This seemeth to be a Thing almost without Example in good Government and therefore not unlikely to have crept in in the degenerate and corrupt Times We see the greatest Kings and Monarchs have their Councells There is no Temporall Court in England of the Higher sort where the Authority doth rest in one person The Kings Bench Common Pleas and the Exchequer are Benches of a certain Number of Judges The Chancellour of England hath an Assistance of twelve Masters of the Chancery The Master of the Wards hath a Councell of the Court So hath the Chancellour of the Dutchy In the Exchecquer Chamber the Lord Treasurer is joyned with the Chancellour and the Barons The Masters of the Requests are ever more then One. The Iustices of Assise are two The Lord Presidents in the North and in Wales have Councells of divers The Star-Chamber is an Assembly of the Kings Privy Counâ—ell aspersed with the Lords Spirituall and Temporall So as in Courts the principall Person hath ever eitheâ— Colleagues or Assessours The like is to be found in other well governed Common-Wealths abroad where the Iurisdiction is yet more dispersed As in the Court of Parliament of France And in other places No man will deny but the Acts that passe the Bishops Iurisdiction are of as great Importance as those that passe the Civil Courts For Mens Souls are more precious then their Bodies or Goods And so are their Good Names Bishops have their Infirmities have no Exception from that generall Malediction which is pronounced against all Men Living Vae Soli nam si ceciderit c. Nay we see that the fiâ—st Warrant in Spirituall Causes is directed to a Number Dic Ecclesiae which is not so in Temporall Matters And we see that in generall Causes of Church Government there are as well Assemblies of all the Clergy in Councells as of all the States in Parliament Whence should this sole exercise of Jurisdiction come Surely I do suppose and I think â—pon good Ground That Ab Initio non fuit ita
and Countenance and Reputation to the World besides And have for that cause been commonly and necessarily used and practised In the Message of Viscount Montacute it was also contained that he should crave the Kings Counsell and Assistance accorâ—ing to Amity and good Intelligence upon a Discovery of certain pernicious Plots of the House of Guise to annoy this Realm by the way of Scotland whereunto the Kings Answer was so Dark and so cold as Nothing could be made of it Till he had made an Exposition of it himself by effects in the expresse Restraint of Munition to be carried out of the Low-Countries unto the Siege of Leith Because our Nation was to have supply thereof from thence So as in all the Negotiations that passed with that King still her Majesty received no satisfaction but more and more suspiâ—ious and Bad Tokens of evill affection Soon after when upon that Project which was disclosed before the King had resolved to disannull the Liberties and Priviledges unto his Subjects the Netherlands anciently belonging And to establish amongst them a Marshall Government which the People being very Wealthy And inhabiting Townes very strong and Defensible by Fortifications both of Nature and the Hand could not endure there followed the Defection and revolt of those Countries In which Action being the greatest of all those which have passed between Spain and England the Proceeding of her Majesty hath been so Just and mingled with so many Honourable Regards as Nothing doth so much clear and acquite her Majesty not only from Passion bâ—t also from all Dishonourable Pollicy For first at the beginning of the Troubles she did impart unto Him faithfull and sincere Advise of the Course that was to be taken for the quietting and appeasing them And expresly forewarned both himself and such as were in principall Charge in those Countries during the Warsâ— of the danger like to ensue if he held so heavy a Hand over that People leâ—â— they should cast themselves into the Arms of a Stranger But finding the Kings Mind so exulcerate as he rejâ—cted all Counsell that tended to Mild and Gracious proceeding her Majesty neverthelesse gave not over her Honourable Resolution which was if it were possible to reduce and reconcile those Countries unto the obedience of their Naturall Soveraign the King of Spain And if that mought not be yet to preserve them from alienating themselves to a Ferrain Lord As namely unto the French with whom they much treated And amongst whom the Enterprise of Flanders was ever propounded as a Mene to unite their own Civill Dissensions Bâ—t patiently temporizing expected the good effect which Time mought breed And whensoever the States grew into Extremitieâ— of Despair and thereby ready to embrace the Offer of any Forrainer Then would her Majesty yield them some Relief of Moneyâ— or permit some Supply of Forces to go over unto them To the end to interrupt such violent Resolution And still continued to mediate unto the King some Just and Honourable Capitulations of Grace and Accord Such as whereby alwayes should have been preserved unto him such Interest and Authority as He in Iustice â—ould claim Or a Prince moderately minded would seek to have And this Course she held interchangeably seeking to mitigate the Wrath of the King and the Despair of the Countries Till such Time as after the Death of the Duke of Anjou Into whose Hands according to her Majesties prediction but against her good liking they had put themselves The Enemy pressing them the united Provinces were received into her Majesties Protection which was after such Time as the King of Spain had discovered himself not onely an Implacable Lord to them but also a proâ—essed Enemy unto her Majesty having actually invaded Ireland â—nd designed the Invasion of England For it is to be noted thaâ— the like Offers which were then made unto her Majesty had been made to her long before but as long as her Majesty conceived any Hope either of Making their Peace Or entertaining her own with Spain she would never hearken thereunto And yet now even at last her Majesty retained a singular and evident Proof to the World of her Justice and Moderation In that she refused the Inheritance and Soveraignty of those Goodly â—rovinces which by the States with much Instance was pressed upon her and being accepted would hâ—ve wrought greater Contentment and Satisfaction both to her People and theirs Being Countries for the Scite Wealth Commodity of Traffick Affection to our Nation Obedience of the Subjects well used most convenient to have been annexed to the Crown of England And withall one Charge Danger and Offence of Spain onely took upon her the Defence and Protection of their Liberties Which Liberties and Priviledges are of that Nature as they may justly esteem themselves but Conditionall Subjects to the King of Spain More justly then Aragon And may make her Majesty as justly esteem the ancient Confederacies and Treaties with Burgundy to be of Force rather with the People and Nation then with the Line of the Duke because it was never an Absolute Monarchy So as to summe up her Majesties Proceedings in this great Action they have but this That they have sought first to restore them to Spain Then to keep them from Strangers And never to purchase them to Her Self But during all that time the King of Spain kept one tenour in his Proceedings towards her Majesty Breaking forth more and more into Injuries and Contempts Her Subjects trading into Spain have been many of them Burned Some cast into the Gallies Others have died in Prison without any other Crimes committed but upon Quarrells pickt upon them for ther Religion here at home Her Merchants at the Sack of Antwerpe were diverse of them spoyled and put to their Ransomesâ— though they could not be charged with any Part-taking Neither upon the Complaint of Doctor Wilson and Sir Edward Horsey could any Redresse be had A generall Arrest was made by the Duke of Alva of English mens both Goods and Persons upon pretence that certain Ships stayed in this Realm laden with Goods and Money of certain Merchants of Genoa belonged to that King which Money and Goods was afterwards to the uttermost value restored and payed back Whereas our Men were far from receiving the like Iustice on their side Doctor Man her Majesties Embassadour received during his Legation sundry Indignities himself being Removed out of Madrid and Lodged in a Village As they are accustomed to use the Embassadours of Moores His Sonn and Steward forced to assist at a Mass with Tapers in their Hands Besides sundry other Contumelies and Reproaches But the Spoyling or Damnifying of a Merchant Vexation of a Common Subject Dishonour of an Embassadour Were rather but Demonstrations of ill Disposition then Effects If they be compared with Actions of State Wherein He and his Ministers have sought the Overthrow of this Government As in the year 1569. when the Rebellion in the North part of
England brake forth Who but the Duke of Alva then the Kings Lievetenant in the Low-Countries and Don Guerres of Espes then his Embassador Lieger here were discovered to be chief Instruments and Practisers Having complotted with the Duke of Norfolk at the same time As was proved at the same Dukes Condemnation that an Army of 20000. Men should have landed at Harwich in aid of that Part which the said Duke had made within the Realm And the said Duke having spent and imployed 150000. Crownes in that Preparation Not contented thus to have consorted and assisted her Majesties Rebells in England He procured a Rebellion in Ireland Arming and Sending thither in the year 1579 an Arch-Rebell of that Country Iames Fitz Morrice which before was fled And truly to speak the whole course of Molestation which her Majesty hath received in that Realm by the Rising and Keeping on of the Irish hath been nourished and fomented from Spainâ— but afterwards most apparently in the year 1580 he invaded the same Ireland with Spaâ—ish Forces under an Italian Colonell By Name San Iesopho being but the Fore-runners of a greater Power Which by Treaty between Him and the Pope should have followed But that by the speedy Defeat of those former they were discouraged to pursue the Action Which Invasion was proved to be done by the Kings own Orders both by the Letters of Secretary Escouedo and of Guerres to the King And also by divers other Letters wherein the particular Conferences were set down concerning this Enterprise between Cardinall Riario the Popes Legate and the Kings Deputy in Spain Touching the Generall the Number of Men the Contribution of Money and the Manner of the Prosecuting of the Action And by the Confession of some of the Chiefest of those that were taken Prisoners at the Fort Which Act being an Act of Appaâ—rent â—ostility added unto all the Injuries aforesaid And accompanied with a continuall Receit Comfort and Countenance by Audâ—ences Pensions and Employments which he gave to Traytours and Fugitives both English and Irish As Westmerlâ—nd Paget Englâ—field Baltinglasse and Numbers of others Did sufficiently jusâ—ifie and warrant that pursuit of Revenge which either in the Spâ—yl of Carthagena and San Domingo in the Indies by Mr Drakâ— Or in the undertaking the protection of the Low-Counâ—reysâ— whâ—n the Earl of Leicester was sent over afterwards follâ—wed For befoâ—e that time her Majesty though she stood upon her Guard in respect of the just Cause of Jealousie which tâ—e Sundry Injuries of that King gave her yet had entred into no Oâ—â—ensiâ—e Acâ—ion against Him For â—oth the Voluntary Forces which Don Antonio had collected in this Realm were by express commandâ—ment restrained And Offer was made of Restitution to the Spanish Embassadour of such Treasure as had been bâ—ought into this Realm upon Proof that it had been taken by â—rong And the Duke of Anjou was as much as could stand with the near Treaty of a Marriage which then was very foâ—waâ—d between her Majesty and the said Duke Diverted from the Enterprise of â—landers But to conclude this Point when that some yeares after the Invasion and Conquest of thâ—s Land Intended long before but through many Crosses aâ—d Impediments which the King oâ— Spain found in his Plots deferred Was in the year 1588 attempted Her Majesty not forgetting her own Nature was content at the same Instant to Treat of a Peace Not ignorantly as a Prince that knew not in what forwardness his preparations were For she had discovered them long before Nor fearfully as may appear by the Articles whereupon her Majesty in that Treaty stood which were not the Demands of a Prince afraid But onely to spare the shedding of Christian Bloud And to shew her constant Desire to make her Raign Renowned rather by Peace then victories which Peace was on her part treated sincerely But on his part as it should seem was but an Abuse Thinking thereby to have taken us more unprovided So that the Duke of Parma not liking to be used as an Instrument in such a Case in regard of his particular Honour would sometimes in Treating interlace That the King his Master ment to make his Peace With his Sword in his Hand Let it then be tried upon an indifferent view of the proceedings of England and Spain Who it is that Fisheth in Troubled Waters And hath disturbed the Peace of Christendome And hath written and described all his Plots in Bloud There follow the Articles of an Vniversall Peace which the Libeller as a Commissioner for the Estate of England hath propounded and are these First that the King of Spain should recall such Forces as of great compassion to the Naturall People of France he hath sent thither to defend them against a Relapsed Huguonott Secondly that he suffer his Rebells of Holland and Zeland quietly to possesse the places they hold And to take unto them all the Rest of the Low-Countries also Conditionally that the English may still keep the possession of such Port-Towns as they have and have some half a dozen more annexed unto them Thirdly thâ—t the English Rovers mought peaceably go to his Indies And there take away his Treasure and his Indies also And thâ—se Articles being accorded he saith might follow that Peace which passeth all understanding As he calleth it in a scurrile and prophane Mockery of the Peace which Christians enjoy with God by the Attonement which is made by the Bloud of Christ whereof the Apostle saith That it passeth all understanding But these his Articles are sure mistaken And indeed corrected are briefly these 1. That the King of France be not impeached in Reducing his Rebels to obedience 2. That the Netherlands be suffered to enjoy their Ancient Liberties and Priviledges And so Forces of Strangers to be with-drawn both English and Spanish 3. That all Nations may trade into the East and West Indies yea discover and occupy such parts as the Spaniard doth not actually possesse And are not under Civill Government notwithstanding any Donation of the Pope 5. Of the Cunning of the Libeller in Palliation of his malicious Invectives against her Majesty and the State with pretence of Taxing onely the Actions of the Lord Burghley I Cannot rightly call this Point Cunning in the Libeller but rather good will to be Cunning without skill indeed or Judgement For finding that it had been the Usuall and Ready practise of Seditious Subjects to plant and bend their Invectives and Clamours Not against the Soveraigns themselves but against some such as had Grace with them and Authorities under them He put in ure his Learning in a wrong and unproper Case For this hath some Appearance to cover undutifull Invectives when it is used against Favourites or New Vpstarts and suddain-risen Counsellours But when it shall be practised against One that hath been Counsellour before her Majesties Time And hath continued longer Counsellour then any other Couâ—sâ—llâ—ur in Europe One that must needs have been Great