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
Honmê° Franciscê° Baconê° Baro de Verulam Vice-Comes S cti Albani Mortuus 9º Aprilis Anno DnÌ„i 1626. Annoque Aetat 66. Resuscitatio Or Bringing into PUBLICK LIGHT SEVERALL PIECES OF THE WORKS Civil Historical Philosophical Theological HITHERTO SLEEPING Of the Right Honourable FRANCIS BACON Baron of Verulam Viscount Saint Alban According to the best Corrected COPPIES Together With his Lordships LIFE By WILLIAM RAWLEY Doctor in Divinity His Lordships First and Last CHAPLEINE Afterwards CHAPLEINE to His late MAIESTY LONDON Printed by Sarah Griffin for William Lee and are to be sold at his Shop in Fleetstreet at the sign of the Turks-head neer the Mitre Tavern 1657. A GENERALL TABLE OF THE TRACTATES Contained in this BOOK 1. SPeeches in Parliament Sâ—aâ—-chamber Kings Bench Chancery and other where Fol. 1 2. Observations upon a Libell published in Anno 1592. 103 3. A true Report of Doctor Lopez his Treason 151 4. An Advertisement touching the Controversies of the Church of England 162 5. A Collection of the Felicities of Queen Elizabeth 181 6. A brief Discourse of the Union of England and Scotland 197 6. Articles and Considerations touching the Union aforesaid 206 7. A Beginning of the History of Great Britain 221 8. A Letter and Discourse to Sir Henry Savill touching Helps for the Intellectuall Powers 225 9. Certain Considerations touching the better Pacification and Edification of the Church of England 233 10. Certain Considerations touching the Plantation in Ireland 255 11. Advice to the King touching Mr. Suttons Estate 265 12. A Proposition to the King touching the Compiling and Amendment of the Lawes of England 271 13. A Fragment of an Essay of Fame 281 14. Letters to Queen Elizabeth King James divers Lords and others 1 15. Other Letters 89 16. A Confession of the Faith 115 TO THE READER HAving been employed as an Amanuensis or dayly instrument to this Honourable Authour And acquainted with his Lordships Conceits in the composing of his Works for many yeâ—rs together Especially in his writing â—ime I conceived that no Man could pretend a better Interest or Claim to the ordering of them after his Death then myself For which cause I have compiled in one whatsoever bears the true Stamp of his Lordships excellent Genius And hath hitherto slept and been suppressed In this present Volume Not leaving any Thing to a future Hand which I found to be of moment and communicable to the Publick Save onely some few Latine Works Which by Gods Favour and sufferance shall soon after follow It is true that for some of the Pieces herein contained his Lordship did not aim at the Publication of them but at the Preservation onely And Prohibiting them from Perishing So as to have been reposed in some Private shrine or Library But now for that through the loose keeping of his Lordships Papers whilest he lived divers Surreptitious Copies have been taken which have since employed the Presse with â—undry Corrupt and Mangled Editions whereby Nothing hath been more difficult than to find the Lord Saint Alban in the Lord Saint Alban And which have presented some of them rather a Fardle of Non-sâ—nse then any true Expressions of his Lordships Happy Vein I thought my self in a sort tied to vindicate these Injuriâ—s and wrongs done to the Monuments of his Lordships Penne And at once by setting forth the true and Geâ—uine writings themselves to prevent the like Invasions for the time to come And the rather in regard of the Distance of the time since his Lordsâ—ips Dayes whereby I shall not tread too near upon the Heels of Truth Or of the Passages and Persons then concerned I was induced hereunto Which considering the Lubricity of Life And for that I account my self to be Not now in Vergentibus but in Praecipitantibus Annis I was desirous to hasten Wherein I shall crave leave to open my Counsels and Purposes as concerning this present Edition in these five Particulars First I have ranked the severall Tractates Either according to the Dignity of the Work as Demosthenes or Cicero's Orations do precede Demosthenes or Cicero's Epistles Or else according to the Series of the Times wherein they were written or to which they refer By which Means they may give the better Light the one Part to the other Secondly I thought it fitting to intimate That the Discourse within contained Entituled A Collection of the Felicities of Queen Elizabeth was written by his Lordship in Latine onely whereof though his Lordship had his particular Ends then yet in regard that I held it a Duty That her own Nation over which she so happily reigned for many years should be acquainted and possessed with the Vertues of that excellent Queen as well as Forrein Nations I was induced many years agoe to put the same into the English Tongue Not Ad Verbum For that had been â—ut Flat and Injudicious But as far as my slender Ability could reach according to the Expressions which I conceived his Lordship would have rendred it in if he had written the same in English Yet ever acknowledging that Zeuxis or Apelles Pencill could not be attained but by Zeuxis or Apelles Himself This Work in the Latine his Lordship so much affected That He had ordained by his last Will and Testament to have had it published many years since But that singular Person entrusted therewith soon after deceased And therefore it must now expect a Time to come forth amongst his Lordships other Latin Works Thirdly in the Collection of Letters which is as the Fourth Part of this Volume there are inserted some few which were written by other Pennes and not by his Lordships own Like as we find in the Epistolar Authours Cicero Plinius secundus and the rest which because I found them immixed amongst his Lordships Papers And that they are written with some similitude of Stile I was loath they should bâ— left to a Grave at that time when his Lordships own Conceptions were brought to life Fourthly for that Treatise of his Lordships Inscribed A Confession of the Faith I have ranked that in the Close of this whole Volume Thereby to demonstrate to the World That he was a Master in Divinity as well as in Philosophy or Politicks And that he was Versed no lesse in the saving Knowledge Than in the Vniversall and Adorning Knowledges For though he composed the same many years before his Death yet I thought that to be the fittest place As the most acceptable Incense unto God of the Faith wherein he resigned his Breath The Crowning of all his other Perfections and Abilities And the best Perfume of his Name to the World after his Death Lastly if it be objected that some few of the Pieces whereof this whole consisteth had visited the Publick Light before It is true that they had been obtruded to the World by unknown Hands But with such Skars and Blemishes upon their Faces That they could passe but for a Spurious and Adulterine Brood and not for his
Baron of Verulam Viscount Saint Alban LONDON Printed by Sarah Griffin for William Lee and are to be sold at his Shop in Fleetstreet at the sign of the Turks-head neer the Mitre Tavern 1657. A SPEECH IN PARLIAMENT Elizabeth 39. UPON THE MOTION of SVBSIDY AND please you Mr. Speaker I must consider the Time which is spent yet so as I must consider also the Matter which is great This great Cause was at the first so materially and weightily propounded And after in such sort perswaded and enforced And by Him that last spake so much time taken and yet to good purpose As I shall speak at a great disadvantage But because it hath been alwayes used and the Mixture of this House doth so require it That in Causes of this Nature there be some Speech and Opinion as well from persons of Generallity as by persons of Authority I will say somewhat and not much wherein iâ— shall not be fit for me to enter into or to insist upon secrets either of her Majestiesâ—offers â—offers or of her Councell but my Speech must be of a more vulgar Nature I will not enter Mr. Speaker into a laudative Speech of â—he high and singular Benefits which by her Majesties most politick and happy Government we receive thereby to incite you to a Retribution partly because no breath of Man can set them forth worthily and partly because I know hâ—r Maâ—esty in her Magnanimity doth bestow her benefits like her fâ—ee'st Pattents absque aliquo inde reddendo Not looking for any thing again iâ— it were in respect only of her particular but Love and Loyalty Neither will I now aâ— this time put the case of this Realm of England too precisely How it standeth with the Subject in point of payments to the Crown Though I could make it appear by Dâ—monstration what opinion soever be conceivâ—d that never Subjects were partakers of greater Freedome and Ease And that whether you look abroad into other Countries at this present timeâ— or look back to former Times in this our own Countrey we shall find an exceeding Difference in matter â—f Taxes which now I reserve to mention not so much in doubt to acquaint your Ears with Forrain Sâ—rains or to digge up the Sepulâ—hers â—f Buried and Forgotten Impositions which in this case as by way of Comparison it is necessary you understand But because Speech in the House is â—it to perswade the generall point And particularity is more proper and seasonable for the Commâ—ttee Neither will I make any Observations upon her Majesâ—ies manner of expending and issuing Treasure being not upon â—xcâ—ssive and exoâ—bitant Donatives nor upon sumptuous and unnecessary Triuâ—phâ— Buildings or like Magnificence but upon the Preservation Protection and Honâ—ur of the Realm For I dare noâ— scan upâ—n heâ— Majesties Aâ—â—ion whâ—ch it becomemeth me rather to admire in silence then to gloss or discourse upon them though with never so good a meaning Sure I am â—hat the Treasure that commeth from you to hâ—r Majesâ—y is but as a Vapour which â—iseth from the Earth and gatherâ—th into a Cloud and stayeth not there long but upon the same Earth it falleth again and what if some drops of this do fall upon â—rance or Flaunders It is like a sweet Odour of Honour and Reputation to our Nation throughout the World But I will onely insist upon the Naturall and Inviolate Law of Preservation It is a Truth Mr. Speaker and a familiar Truth that safety and preservation is to be preferred before Benefit or Encrease In as much as those Counsels which tend to preservation seem to be attended with necessity whereas those Deliberations which tend to Benefit seem onely accompanied with perswasion And it is ever gain and no loss when at the foot of he account theâ—e remains the purchase of safety The Prints of this are every where to be found The Patient will ever part with some of his Bloud to save and clear the rest The Sea-faring Man will in a Storm cast over some of his Goods to save and assure the rest The Husband-man will afford some Foot of Ground for his Hedge and Ditch to fortifie and defend the rest Why Mr. Speaker the Disputer will if he be wise and cunning grant somewhat that seemeth to make against him because he will keep himself within the strength of his opinion and the better maintain the rest But this Place advertiseth me not to handle the Matter in a Common Place I will now deliver unto you that which upon a probatum est hath wrought upon my self knowing your Affections to be like mine own There hath fallen out since the last Parliament four Accidents or Ocurrents of State Things published and known to you all by every one whereof it seemeth to me in my vulgar understanding that the danger of this Realm is encreased Which I speak not by way of apprehending fear For I know I speak to English Courages But by way of pressing Provision For I do find Mr. Speaker that when Kingdomes and States are entred into Tearms and Resolutions of Hostility one against the other yet they are many times restrained from their Attempts by four Impediments The first is by this same Aliud agere when they have their Hands full of other Matters which they have embraced and serveth for a diversion of their Hostile purposes The next is when they want the Commodity or opportunity of some places of near Approach The third when they have conceived an apprehension of the Difficulty and churlishness of the enterprise and that it is not prepared to their Hand And the fourth is when a State through the Age of the Monarch groweth heavy and indisposed to actions of great Perill and Motion and this dull Humour is not sharpened nor inflamed by any provocations or scorns Now if it please you to examin whither by removing the Impediments in these four kinds the Danger be not grown so many degrees nearer us by accidents as I said fresh and all dated since the last Parliament Soon after the last Parliament you may be pleased to remember how the French King revolted from his Religion whereby every Man of common understanding may infer that the Quarrell between France and Spain is more reconcileable And a greater inclination of affairs to a peace than before which supposed it followeth Spain shall be more free to intend his Malice against this Realm Since the last Parliament it is also notorious in every mans knowledge and remembrance That the Spaniards have possessed themselves of that Avenue and place of approach for England which was never in the Hands of any King of Spain before And that is Callais which in true Reason and Consideration of estate of what value or service it is I know not but in common understanding it is a knocking at our Doors Since the last Parliament also that Ulcer of Ireland which indeed brake forth before hath run on and raged more which cannot but be a great
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
that all those which had any Authority or bare Office in the State had subscribed to it yet for that she saw it was not agreeable to the Word of God nor to the Primitive Purity nor to her own Conscience she did with a great deal of Courage and with the assistance of a very few Persons quite expell and abolish it Neither did she this by precipitate and Heady Courses but Timing it wisely and soberly And this may well be conjectured as from the Thing it self so also by an Answer of hers which she made upon occasion For within a very few dayes of her Comming to the Crown when many Prisoners were released out of Prison as the Custome is at the Inauguration of a Prince There came to her one day as she was going to Chappell a certain Courtier that had the Liberty of a Buffone And either out of his own Motion or by the Instigation of a wiser Man presenâ—ed her with a Petition And before a great number of Courtiers said to her with a loud voice That there were yet four or five Prisoners unjustly detained in Prison He came to be a Suter to have them set at Liberty Those were the four Evangelists and the Apostle Saint Paul who had been long shut up in an unknown tongue as it were in Prison so as they could not converse with the common People The Queen answered very gravely That it was best first to enquire of them whether they would be set at liberty or no Thus she silenced an unseasonable Motion with a doubtfull Answer As reserving the Matter wholly in her own Power Neither did she bring in this Alteration timorously or by pieces but in a grave and mature Manner after a Conference betwixt both Sides and the Calling and Conclusion of a Parliament And thus within the Compasse of one year she did so establish and settle all Matters belonging to the Church as she departed not one Haires Breadth from them to the end of her Life Nay and her usuall Custom was in the beginning of every Parliament to forewarn the Houses not to question or innovate any thing already established in the Discipline or Rites of the Church And thus much of her Religion Now if there be any Severer Nature that shall tax her for that she suffered her self and was very willing to be courted wooed and to have Sonnets made in her Commendation And that she continued this longer then was decent for her years Notwithstanding if you will take this Matter at the best it is not without singular Admiration Being much like unto that which we find in Fabulous Narrations of a certain Queen in the Fortunate Islands and of her Court and Fashions where Faire purpose and Love-making was allowed but Lasciviâ—usnesse banished But if you will take it at the worst even so it amounteth to a more high Admiration Considering that these Courtships did not much eclipse her Fame and not at all her Majesty Neither did they make her lesse Apt for Government or check with the affaires and businesses of the Publick For such passages as these do often entertain the time even with the greatest Princes But to make an end of this Discourse Certainly this Princesse was Good and Morall And such she would be acknowledged She Detested Vice And desired to purchase Fame only by honourable Courses And indeed whilest I mention her Morall Parts there comes a certain pasâ—age into my mind which I will insert Once giving order to write to her Embassadour about certain Instructions to be delivered apart to the Queen Mother of the House of Valois And that her Secretary had inserted a certain Clause that the Embassadour should say as it were to endear her to the Queen Mother That they two were the only paire of Female Princes from whom for experience and Arts of Government there was no lesse expected then from the greatest Kings She utterly disliked the Comparison and commanded it to be put out saying That she practised other principles and Arts of â—overnment then the Queen Mother did Besides she was not a little pleased if any one should fortune to tell her that suppose she had lived in a private Fortune yet she could not have escaped without some Note of Excellency and Singularity in her Sex So little did she desire to borrow or be beholding to her Fortune for her Praise But if I should wade further into this Queenes Praises Morall or Politick either I must slide into certain Common places and Heads of Vertue which were not worthy of so great a Princesse Or if I should desire to give her Vertues the true Grace and Lustre I must fall into a History of her Life Which requireth both better Leisure and a better Pen then mine is Thus much in brief according to my ability But to say the Truth The only Commender of this Ladies vertues is Time Which for as many Ages as it hath runn hath not yet shewed us one of the Female Sex equall to Her in the Administration of a Kingdom SEVERALL DISCOURSES VVritten in the Dayes OF KING JAMES Whereof some of them PRESENTED TO His Maiesty BEING A brief Discourse of the Vnion of England and Scotland Articles and Considerations touching the Vnion aforesaid A Beginning of the History of Great Britain A Letter and Discourse to Sir Henry Savill touching Helps for the Intellectuall Powers Certain Considerations touching the better Pacification and Edification of the Church of England Certain Considerations touching the Plantation in Ireland Advice to the King touching Suttons Estate A Proposition to the King touching the Compiling and Amendment of the Lawes of England A Fragment of an Essay of Fame By the Right Honourable FRANCIS BACON Baron of Verulam Viscount Saint Alban LONDON Printed by S. Griffin for William Lee and are to be sold at his Shop in Fleetstreet at the sign of the Turks-head neer the Mitre Tavern 1657. A BRIEFE DISCOURSE Of the Happy UNION OF THE KINGDOMES OF ENGLAND and SCOTLAND Dedicated in Private TO HIS MAJESTY I Do not find it strange excelleâ—t King that when Heraclitus he that was surnamedâ— the Obscure had set forth a certain Book which is not now extant many Men took it for a Discourse of Nature And many others took it for a Treatise of Pollicy For there is a great Affinity and Consent between the Rules of Nature and the true Rules of Pollicy The one being nothing else but an Order in the Government of the World And the other an Order in the Government of an Estate And therefore the Education and Erudition of the Kings of Persia was in a Science which was termed by a Name then of great Reverence but now degenerate and taken in the ill part For the Persian Magick which was the secret Literature of their â—ings was an Application of the Contemplations and Observatâ—ons of Nature unto a sense Politick Taking the Fundamentall Lawes of Nature and the Branches and Passages of them as an Origiâ—all or fiâ—st
Vnitâ—g of whose Hearts and Affectâ—ons is the Life and true End of this Work For the Ceremoniall Crowns the Question will be whether there shall be framed one new Imperiall Crown of Britain to be used for the times to come Also admitting that to be thought Convenient whether in the Frame thereof there shall not be some Reference to the Crowns of Ireland and France Also whether your Majesty should repeat or iterate your own Coronation and your Queens or onely ordain that such new Crown shall be used by your Posterity hereafter The Difficulties will be in the Conceit of sâ—me Inequaliâ—y whereby the Realm of Scotland may be thought to be made an Accession unto the Realm of England But that resteth in some Circumstances for the Compounding of the two Crowns is equall The Calling of the new Crown the Crown of Brittain is equall Onely the Place of Coronation if it shall be at Westminster which is the Ancient August and Sacred place for the Kings of England may seem to make an Inequality And again if the Crown of Scotland be discontinued then that Ceremony which I hear is used in the Parliament of Scotland in the absence of the Kings to have the Crowns carried in solemnity must likewise cease For the Name the main Question is whether the Contracted Name of Brittain shall be by your Majesty used or the Divided Names of England and Scotland Admitting there shall be an Alteration then the Case will require these Inferiour Questions First whether the Name of Brittain shall not onely be used in your Majesties Stile where the entire Stile is recited And in all other Forms the Divided Names to remain both of the Realms and of the People Or otherwise that the very Divided Nameâ— of Realms and People shall likwise be changed or turned into special or subdivided Names of the Generall Name That is to say for Example whether your Majesty in your Stile shall denominate your self King of Brittain France and Ireland c. And yet neverthâ—lesse in any Commission Writ or otherwise where your Majesty mentioneth England or Scotland you shall retain the ancient Names as Secundum Conâ—uetudinem Regni nostri Angliae or whether those Divided Names shall be for ever lost and taken away and turned into the subdivisions of South-Britain and North-Britain and the People to be South-Brittains and North-Brittains And so in the Example aforesaid the Tenour of the like clause to run Secundum Consuetudinem Britanniae Australis Also if the former of these shall be thought convenient whether it were not better for your Majesty to â—ake that Alteration of Stile upon you by Proclamation as Edward the third did the Stile of France then to have it enacted by Parliament Also in the Alteration of the Stile whether it were not better to transpose the Kingdom of Ireland and put it immediatly after Britain and so place the Islands together And the Kingdom of France being upon the Continent last In regard that these Islands of the Western Ocean seem by Nature and Providence an entire Empire in themselves And also that there was never King of England so entirely possest of Ireland as your Majesty is So as your Stile to run King of Britain Ireland and the Islands Adjacent and of France c. The Difficulties in this have been already throughly beaten over but they gather but to two Heads The one Point of Honour and Love to the former Names The other Doubt lest the Alteration of the Name may induce and involve an Alteration of the Lawes and Pollicies of the Kingdom Both which if your Majesty shall assume the Stile by Proclamation and not by Parliament are in themselves satisfied For then the usuall Names must needs remain in Writs and Records The Formes whereof cannot be altered but by Act of Parliament And so the point of Honour satisfied And again your Proclamation altereth no Law And so the Scruple of a tacite or implyed Alteration of Lawes likewise satisfied But then it may be considered whether it were not a Form of the greatest Honour if the Parliament though they did not enact it yet should become Suiters and Petitioners to your Majesty to assume it For the Seales That there should be but one Great Seal of Britain and one Chanceller And that their should only be a Seal in Scotland for Processes and ordinary Iustice And that all Patents of Graunts of Lands or otherwise as well in Scotland as in England should passe under the Great Seal here kept about your Person It is an Alteration internall whereof â— do not now speak But the Question in this Place is whether the Great Seales of England and Scotland should not be changed into one and the same Form of Image and Superscription of Britain which Neverthelesse is requisite should be with some one plain or manifest Alteration lest there be a Buz and suspect that Grants of Things in England may be passed by the Seal of Scotland Or è converso Also whether this Alteration of Form may not be done without Act of Parliament as the Great Seales have used to be heretofore changed as to their Impressions For the Moneys as to the Reall and Internall Consideration thereof the Question will be whether your Majesty should not continue two Mints which the Distance of Territory considered I suppose will be of Necessity Secondly how the Standards if it be not already done as I hear some doubt made of it in popular Rumour may be reduced into an Exact proportion for the time to come And likewise the Compuâ—ation Tale or Valuation to be made exact for the Moneys already beaten That done the last Question is which is onely proper to this place whether the Stamp or the Image and Superscription of Britain for the time forwards should not be made the self same in both places without any Difference at all A Matter also which may be done as our Law is by your Majesties Prerogative without Act of Parliament These Points are Points of Demonstration Ad faciendum populum But so much the more they go to the Root of your Majesties Intention which is to imprint and inculcate into the Hearts and Heads of the People that they are one People and one Nation In this kind also I have heard it passe abroad in Speech of the Erection of some new Order of Knighthood with a Reference to the Vnion and an Oath appropriate thereunto which is a Point likewise deserveth a Consideration So much for the Externall Points The Internall Points of Separation are as followeth 1. Severall Parliaments 2. Severall Councels of Estate 3. Severall Officers of the Crown 4. Severall Nobilities 5. Severall Lawes 6. Severall Courts of Iustice Trialls and Processes 7. Severall Receipts and Finances 8. Severall Admiralties and Merchandizings 9. Severall Freedomes and Liberties 10. Severall Taxes and Imposts As touching the Severall States Ecclesiasticall and the severall Mints and Standards and the severall Articles
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
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
the Poets feigned that Orpheus by the vertue and sweetnesse of his Harp did call and assemble the Beasts and Birds of their Nature wild and savage to stand about him as in a Theater Forgetting their Affections of Fierceceness of Lust and of Prey and listening to the Tunes and Harmonies of the Harp and soon after called likewise the Stones and the Woods to remove and stand in order about him which Fable was anciently interpreted of the Reducing and Plantation of Kingdoms when People of Barbarous Manners are brought to give over and discontinue their Customs of Revenge and Blood and of dissolute Life and of Theft and of Rapine And to give Ear to the wisdome of Lawes and Governments whereupon immediately followeth the Calling of Stones for Building and Habitation and of Trees for the seats of Houses Orchards and Enclosures and the like This Work therefore of all other most Memorable and Honourable your Majesty hath now in Hand specially if your Majesty joyn the Harp of David in casting out the Evill Spirit of Superstition with the Harp of Orpheus in casting out Desolation and Barbarisme The second Consequence of this Enterprise is the Avoiding of an Inconvenience which commonly attendeth upon Happy Times and is an evill effect of a good Cause The Revolution of this present Age seemeth to encline to Peace almost generally in these Parts And your Majesties most Christian and vertuous affections do promise the same more specially to these your Kingdomes An effect of Peace in Fruitfull Kingdoms where the stock of People receiving no Consumption nor Diminution by warre doth continually multiply and encrease must in the end be a Surcharge or Overflow of People more then the Territories can well maintain Which many times insinuating a generall Necessity and want of Means into all estates Doth turn Externall Peace into Internall Troubles and Seditions Now what an excellent Diversion of this Inconvenience is ministred by Gods Providence to your Majesty in this Plantation of Ireland wherein so many Families may receive Sustentations and Fortunes And the Discharge of them also out of England and Scotland may prevent many Seeds of Future perturbations So that it is as if a Man were troubled for the Avoidance of water from the place where he hath built his House And afterwards should advise with himself to cast those waters and to turn them into Fair Pools or Streams for pleasure provision or use So shall your Majesty in this Work have a double Commodity In the Avoidance of People here and in Making use of them there The third Consequence is the great Safety that is like to grow to your Majesties Estate in generall by this Act In discomfiting all Hostile Attempts of Forreiners which the Weaknesse of that Kingdome hath heretofore invited Wherein I shall not need to fetch Reasons afar off either for the generall or particular For the generall because nothing is more evident then that which one of the Romans said of Peloponnesus Testudo intra tegumen tuta est The Tortoise is safe within her shell But if she put forth any part of her Body then it endangereth not onely the part that is so put forth but all the Rest. And so we see in Armour if any part be left naked it puts in hazard the whole Person And in the Naturall Body of Man if there be any weak or Affected part it is enough to draw Rheums or Maligne Humours unto it to the Interruption of the Health of the whole Body And for the Particular the Example is too Fresh that the indisposition of that Kingdome hath been a contiâ—â—al Attractive of Troubles and Infestations upon this Estate and though your Majesties Greatnesse doth in some sort discharge this Fear yet with your encrease of Power it cannot be but Envy is likewise encreased The fourth and last Consequence is the great Profit and Strength which is like to redound to your Crown by the working upon this unpolished Part thereof Whereof your Majesty being in the strength of your years are like by the good pleasure of Almighty God to receive more then the First Fruits And your Posterity a growing and Springing Veine of Riches and Power For this Island being another Britain As Britain was said to be another World Is endowed with so many Dowries of Nature considering the Fruitfullnesse of the Soil the Ports the Rivers the Fishings the Quarries the Woods and other Materialls And specially the Race and Generation of Men valiant hard and activeâ— As it is not easie no not upon the Continent to find such Confluence of Commodities if the Hand of Man did joyn with the Hand of Nature So then for the Excelâ—lency of the work in point of Honour Policy Safety and Vtility here I cease For the Means to effect this Work I know your Majesty shall not want the Information of Persons expert and industrious which have served you there and know the Region Nor the Advise of a Grave and Prudent Counsell here which know the Pulses of the Hearts of People and the wayes and Passages of conducting great Actions Besides that which is abâ—ve all which is that Fountain of Wisdome and Universality which is in your self yet notwithstanding in a thing of so publick a Nature it is not amisse for your Majesty to hear variety of Opinion For as Demosthenes saith well The good Fortune of a Prince or State doth sometimes put a good Motion into a Fools Mouth I do think therefore the Means of accomplishing this Work consisteth of two principall Parts The first the Invitation and Encouragement of Vndertakers The second the Order and Policy of the Project it self For as in all Engines of the Hand there is somewhat that giveth the Motion and Force and the rest serveth to guide and govern the same So it is in these Enterprises or Engines of Estate As for the former of these there is no doubt but next unto the Providence and â—inger of God which writeth these Vertuous and Excellent Desires in the Tables of your Majesties Heart your Authority and Affection is Primus Motor in this Cause And therefore the more strongly and fully your Majesty shall declaâ—e your self in it the more shall you quicken and animate the whole proceeding For this is is an Action which as the worthinesse of it doth bear it so the Nature of it requireth it to be carried in some Heighth of Reputation And fit in mine Opinion for Pulpits and Parliaments and all places to ring and resound of it For that which may seem Vanity in some Things I mean Matter of Fame is of great efficacy in this Case But now let me descend to the inferiour Sphears and speak what Cooperation in the Subjects or undertakers may be raiâ—sed and kindled and by what Means Therefore to take plain Grounds which are the surest All Men are drawn into Actions by three Things Pleasure Honour and Profit But before I pursue the three Motives it is fit in this place to
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
Attractive to the Ambition of the Couucel of Spain who by former experience know of how tough a Complexion this Realm of England is to be asâ—ailed And therefore as Rheumes and Fluxes of Humours is like to resort to that part which is weak and distempered And lastly it is famous now and so will be many Ages hence how by these two Sea-Journey's we have braved him and objected him to scorn so that no Bloud can be so frozen or mortified But must needs take Flames of Revenge upon so mighty Disgrace So as this Concurrence of Occurents all since our last Assembly some to deliver and free our enemies some to advance and bring him on his way some to tempt and allure him some to spur on and provoke him cannot but threaten an encrease of our Perill in great Proportion Lastly Mr. Speaker I will but reduce to the Memory of this House one other Argument for ample and large providing and supplying Treasure And this it is I see Men do with great Alacrity and Spirit proceed when they have obtained a course they long wished for and were restrained from My self can remember both in this Honourable â—ssembly and in all other places of this Realm how forward and affectionate men were to have an Invasive War Then we would say A Defensive War was like eating and consuming Interest And needs we would be Adventurers and Assailants Habes quod totâ mente petisti Shall we not now make it good especially when we have tasted so prosperous Fruit of our Desires The first of these Expeditions Invasive was atchieved with great Felicity ravished a strong and famous Port in the Lap and Bosome of their high Countries Brought them to such Despair as they fired themselves and their Indian Fleet in Sacrifice as a good Odour unto God for the great and Barbarous Cruelties which they have committed upon the poor Indians whither that Fleet was sayling Disordred their Reckonings so as the next News we heard of was nothing but protesting of Bills and Breaking credit The second Journey was with notable Resolution born up against Weather and all Difficulties And besides the success in amusing him and putting him to infinite charge sure I am it was like a Tartars or Parthians Bow which shooteth backward And had a most strong and violent effect and Operation both in France and Flaunders so that our Neighbours and Confederates have reaped the Harvest of it And while the Life Bloud of Spain went inward to the Heart the outward Limmes and Members trembled and could not resist And lastly we have a perfect account of all the Noble and good Bloud that was carried forth And of all our Sea-walls and good Shipping without Mortality of Persons wreck of Vessels or any manner of Diminution And these have been the happy Effects of our so long and so much desired Invasive War To conclude Mr. Speaker therefore I doubt not but every Man will consent that our Gift must bear these two Marks and Badges The one of the Danger of the Realm by so great a Proportion since the last Parliament encreased The other of the satisfaction we receive in having obtained our so earnest and ardent Desire of an Invasive War A Speech made by Sir FRANCIS BACON Knight chosen by the Commons to present a Petition touching Purveyors delivered to his Majesty in the with-drawing Chamber at White-Hall in the Parliament held â—o. 2o. Iacobi the first Session IT is well known to your Majesty excellent King that the Emperours of Rome for their better Glory and Ornament did use in their Titles the Additions of the Countries and Nations where they had obtained victories As Germanicus Britannicus the like But after all those Names as in the higher place followed the Name of Pater Patriae as the greatest Name of all human Honour immediatly preceding that Name of Augustus whereby they took themselves to expresse some Affinity that they had in respect of their Office with Divine Honour Your Majesty mought with good reason assume to your self many of those other Names As Germanicus Saxonicus Britannicus Francicus Danicus Gothicus and others as appertaining to you Not by Bloud-shed as they bare them but by Bloud your Majesties Royall Person being a noble confluence of streams and veynes wherein the Royall Bloud of many Kingdoms of Europe are met and united But no Name is more worthy of you nor may more truly be ascribed unto you then that Name of Father of your people which you bear and express not in the Formality of your stile but in the reall Course of your Government We ought not to say unto you as was said to Caesar Iulius Quae miremur habemus quaelaudemus expectamus That we have already wherefore to admire you And that now we expect somewhat for which to commend you For we may without suspicion of Flattery acknowledge that we have found in your Majesty great Cause both of Admiration and Commendation For great is the Admiration wherewith you have possessed us since this Parliament began in those two Causes wherein we have had accesse unto you and heard your Voice That of the return of Sr. Francis Goodwine And that of the Union Whereby it seemeth unto us The one of these being so subtile a Question of Law And the other so high a Cause of Estate That as the â—cripture â—aith of the wisest King That his Heart was as the Sands of the Sea which though it be one of the largest and vastest Bodies yet it consisteth of the smallest Moates and Portions So I say it appeareth unto us in these two examples that God hath given your Majesty a rare sufficiency both to compasse and fathome the greatest matters and to discern the least And for matter of Praise and Commendation which chiefly belongeth to Goodness we cannot but with great thankfulness profess That your Majesty within the Circle of one Year of your Raign infra Orbem Anni Vertentis hath endeavoured to unite your Church which was divided To supply your Nobility which was diminished And to ease your People in Cases where they were burthened and oppressed In the last of these your high Merits That is the Ease and Comfort of your People Doth fall out to be comprehended the Message which I now bring unto your Majestie concerning the great Grievance arising by the manifold Abuses of â—urveyors Differing in some Degree from most of the things wherein we deale and consult For it is true that the Knights Citizens and â—urgesses in Parliament assembled are a Representative Body of your Commons and Third Estate And in many matters although we apply our selves to perform the trust of those that choose us yet it may be we do speak much out of our own Senses and Discourses But in this Grievance being of that Nature whereunto the poor People is most exposed and Men of Quality less we shall most humbly desire your Majesty to conceive That your Majesty doth not hear our Opinions