Ordinary Accesses at Court And to come frequeâ—tly into the Queens Eye who would often grace him with private and free Communication Not onely about Matters of his Profession or Businesse in Law But also about the Arduous Affairs of Estate From whom she received from time to time great Satisfaction Neverthelesse though she cheered him much with the Bounty of her Countenance yet she never cheered him with the Bounty of her Hand Having never conferred upon him any Ordinary Place or Means of Honour or Profit Save onely one dry Reversion of the Registers Office in the Star-Chamber worth about 1600 l. per Annum For which he waited in Expectation either fully or near 20. years Of which his Lordship would say in Queen Elizabeths Time That it was like another Mans Ground buttalling upon his House which might mend his Prospect but it did not fill his Barn Neverthelesse in the time of King James it fell unto him Which might be imputed Not so much to her Majesties Aversenesse or Disaffection towards him As to the Arts and Policy of a Great Statesman â—hen who laboured by all Industrious and secret Means to suppresse and keep him down Lest if he had riseâ— he might have obscured his Glory But though he stood long at a stay in the Dayes of his Mistresse Queen Elizabeth Yet after the change and Comming in of his New Master King James he made a great Progresse By whom he was much comforted in Places of Trust Honour and Revenue I have seen a Letter of his Lordships to King James wherein he makes Acknowledgement That He was that Master to him that had raysed and advanced him nine times Thrice in Dignity and Sixe times in Office His Offices as I conceive were Counsell Learned Extraordinary to his Majesty as he had been to Queen Elizabeth Kings Solliciter Generall His Majesties Atturney Generall Counseller of Estate being yet but Atturney Lord Keeper of the Great Seal of England Lastly Lord Chanceller Which two last Places though they be the same in Auâ—hority and Power yet they differ in Patent Heigth and Favour of the Prince Since whose time none of his Successours did ever bear the Title of Lord Chanceller His Dignities were first Knight Then Baron of Verulam Lastly Viscount Saint Alban Besides other good Gifts and Bounties of the Hand which his Majesty gave him Both out of the Broad Seal And out of the Alienation Office Towards his Rising years not before he entred into a married Estate And took to Wife Alice one of the Daughters and Co-Heires of Benedict Barnham Esquire and Alderman of London with whom He received a sufficiently ample and liberall Portion in Marriage Children he had none which though they be the Means to perpetuate our Names after our Deaths yet he had other Issues to perpetuate his Name The Issues of his Brain In which he was ever happy and admired As Jupiter was in the production of Pallas Neither did the want of Children detract from his good usage of his Consort during the Intermarriage whom he prosecuted with much Conjugall Love and Respect with many Rich Gifts and Enâ—owments Besides a Roab of Honour which he invested her withall which she wore untill her Dying Day Being twenty years and more after his Death The last five years of his Life being with-drawn from Civill Affaires and from an Active Life he employed wholy in Contemplation and Studies A Thing whereof his Lordshâ—p would often speak during his Active Life As if he affected to dye in the Shadow and not in the Light which also may be found in severall Passages of his Works In which time he composed the greatest Part of his Books and Writings Both in English and Latin Which I will enumerate as near as I can in the just Order wherein they were written The History of the Reign of King Henry the Seventh Abecedarium Naturae or A Metaphysicall Piece which is lost Historia Ventorum Historia vitae Mortis Historia Densi Rari not yet Printed Historia Gravis Levis which is also lost A Discourse of a War with Spain A Dialogue touching an Holy War The Fable of the New Atlantis A Preface to a Digest of the Lawes of England The Beginning of the History of the Reign of King Henry the Eighth De Augmentis Scientiarum Or the Advanccment of Learning put into Latin with severall Enrichments and Enlargements Counsells Civill and Morall Or his Book of Essayes likewise Enriched and enlarged The Conversion of certain Psalms into English Verse The Translation into Latin of the History of King Henry the Seventh of the Counsells Civill and Morall of the Dialogue of the Holy War of the Fable of the New Atlantis For the Benefit of other Nations His Revising of his Book De Sapientià Veterum Inquisitio de Magnete Topica Inquisitionis de Luce Lumine Both these not yet Printed Lastly Sylva Sylvarum or the Naturall History These were the â—ruits and Productions of his last five years His Lordship also designed upon the Motion and Invitation of his late Majesty To have written the Reign of King Henry the Eighth But that Work Perished in the Designationâ— meerly God not lending him Life to proceed further upon it then onely in one Mornings Work Whereof there is Extant An Ex Ungue Leonem already Printed in his Lordships Miscellany Works There is a Commemoration due As well to his Abilities and Vertues as to the Course of his Life Those Abilities which commonly goe single in other Men though of prime and Observable Parts were all conjoyned and met in Him Those are Sharpnesâ— of Wit Memory Judgement and Elocution For the Former Three his Books doe abundantly speak them which with what Sufficiency he wrote let the World judge But with what Celerity he wrote them I can best testifie But for the Fourth his Elocution I will onely set down what I heard Sir Walter Rauleigh once speak of him by way of Comparison whose Iudgement may well be trusted That the Earl of Salisbury was an excellent Speaker but no good Pen-man That the Earl of Northampton the Lord Henry Howard was an excellent Pen-man but no good Speaker But that Sir Francis Bacon was Eminent in Both. I have been enduced to think That if there were a Beame of Knowledge derived from God upon any Man in these Modern Times it was upon Him For though he was a great Reader of Books yet he had not his Knowledge from Books But from some Grounds and Notions from within Himself Which notwithstanding he vented with great Caution and Circumspection His Book of Instauratio Magna which in his own Account was the chiefest of his works was no Slight Imagination or Fancy of his Brain But a Setled and Concocted Notion The Production of many years Labour and Travell I my Self have seen at the least Twelve Coppies of the Instauration Revised year by year one after another And every year altred and amended in the Frame thereof Till
should not be troubled at this time Neverthelesse He pressed him to answer saying He desired to know it that he mought pray with him I know not that S. W. is an Ecclesiastick that he should cut any Man from Communion of Prayer And yet for all this vexing of the Spirit of a poor Man now in the Gates of Death Weston neverthelesse stood constant and said I die not unworthily My Lord Chief Iustice hath my mind under my hand and he is an Honourable and just Iudge This is S. W. his Offence For H. I. he was not so much a Questionist but wrought upon the others Questions And like a kind of Confessor wished him to discharge his Conscience and to satisfie the World What World I marvaile It was sure the World at Tyburn For the World at Guild-Hall and the World at London was satisfied before Teste the Bells that rang But men have a got fashion now a dayes that two or three busie Bodies will take upon them the Name of the World And broach their own Conceits as if it were a general Opinion Well what more When they could not work upon Weston then H.I. in an Indignation turned abont his Horse when the other was turning over the Ladder And said he was sorry of such a Conclusion That was to have the State honoured or justified But others took and reported his words in another degree But that I leave seeeing it is not Confessed H. I. his Offence had another Appendix before this in time which was that at the day of the Verdict given up by the Iury He also would needs give his Verdict Saying openly that if he were of the Iury he would doubt what to do Marry he saith he cannot tell well whether he spake this before the Jury had given up the Verdict or after Wherein there is little gained For whether H. I. were a Pre-Jurour or a Post-Jurour The one was as to prejudge the Iury the other as to taint them Of the Offence of these two Gentlemen in generall your Lordships must give me leave to say that it is an Offence greater and more dangerous then is conceived I know well that as we have no Spanish Inquisitions nor Iustice in a Corner So we have no Gagging of Mens Mouths at their Death But that they may speak freely at the last Hour But then it must come from the free Motion of the Party not by Temptation of Questions The Questions that are to be asked ought to tend to furâ—her Revealing of their own or others Guiltiness But to use a Question in the Nature of a false Interrogatory to falsifie that which is Res Iudicata is intollerable For that were to erect a Court or Commission of Review at Tyburn against the Kings Bench at Westminster And besides it is a Thing vain and idle For if they anâ—swer according to the Iudgement past it adds no Credit Nor if it be contrary it derogateth nothing But yet it subjecteth the Majesty of Iustice to popular and vulgar Talk and opinion My Lords these are great and dangerous Offences For if we do not maintain Iustice Iustice will not maintain us But now your Lordships shall hear the Examinations themselves upon which I shall have occasion to note some particular Things c. The Effect of that which was spoken by the Lord Keeper of the Great Seal of England at the taking of his place in Chancery In performance of the Charge his Majesty had given him when he received the Seal 1617. BEfore I enter into the Business of the Court I shall take advantage of so many Honourable witnesses to publish and make known summarily what charge the Kings most excellent Majesty gave me when I received the Seal And what Orders and Resolutions my Self have taken in Conformity to that charge That the King may have the Honour of Direction And I the part of Obedience Whereby Your Lordships and the Rest of the Presence shall see the whole Time of my sitting in the Chanceryâ— which may be longer or shorter as please God and the King contrâ—cted into one Houre And this I do for three Causes First to give Account to the King of his Commandement Secondly that I may be a Guard and Custody to my self and mine own Doings That I do not swerve or recede from any Thing that I have professed in so Noble Company And thirdly that all men that have to do with the Chancery or the Seal may know what they shall expect And both set their Hearts and my Ears at rest Not moving me to any Thing against these Rules Knowing that my Answer is now turned from a Nolumus into a Non possumus It is no more I will not But I cannot After this Declaration And this I do also under three Cautions The first is that there be some Things of a more Secret and Counsell like Nature which are rather to be Acted then Published But these Things which I shall speak of to day are of a more publick Nature The second is that I will not trouble this Presence with every Particular which would be too long But select those Things which are of greatest efficacy and conduce most ad summas Rerum Leaving maâ—y other Particulars to be set down in a Publick Table According to the good Example of my last Predecessour in his Beginning And lastly that these Imperatives which I have made but to my Self and my Times be without prejudice to the Authority of the Court or Wiser Men that may succeed me And chiefly that they are wholy submitted unto the great Wisdom of my Soveraignâ— The absolutest Prinâ—e in Iudicature that hath been in the Christian World For if any of these Things which I intend to be Subordinate to his Directions shall be thought by his Majesty to be Inordinate I shall be most ready to reform them These things are but tanquam Albâ—m Praetoris For so did the Roman Praetors which have the greatest Affinity with the Iurisdiction of the Chancellor here who used to set down at their Entrance how they would use their Iurisdiction And this I shall do my Lords in verbis Masculis No flourishing or Painted Words but such as are fit to go before Deeds The Kings Charge which is my Lanthorn rested upon four Heads THe first was that I should contain the Iurisdiction of the Court within his true and due Limits without Swelling or Excesse The second that I should think the putting of the Great Seal to Letters Patents was not a Matter of Course after precedent Warrants But that I should take it to be the Maturity and Fulness of the Kings Intentions And therefore that it was one of the greatest Parts of my Trust if I saw any Scruple or Cause of stay that I should acquaint him Concluding with a Quod dubites ne feceris The third was that I should retrench all unnecessary delayes That the Subject mought find that he did enjoy that same Remedy against the Fainting of the
for the Nobility Touching the Oppression of the People he mentioneth four points 1. The Conâ—umption of People in the Wars 2. The Interruption of Traffick 3. The Corruption of Iustice. 4. The Multitude of Taxations Unto all which points there needeth no long Speech For the first thanks be to God the Benediction of Crescite and Multiplicamini is not so weak upon this Realm of â—ngland but The Population thereof may afford such Losse of Men as were sufficient for the Making our late Wars and were in a perpetuity without being seen either in City or Countrey We â—ead that when the Romans did take Cense of their People whereby the Citizens were numbred by the Poll in the beginning of a great War and afterwards again at the ending there sometimes wanted a Third Part of the Number But let our Muster Books be perused those I say that certifie the Number of all Fighting Men in every Shire of vicesimo of the Queen At what time except a Handfull of Souldiers in the Low Countries we expended no Men in the VVars And now again at this present time there will appear small Diminution There be many Tokens in this Realm rather of Presse and Surcharge of People then of Want and Depopulation which were before recited Besides it is a better Condition of Inward Peace to be accompanied with some Exercise of no Dangerous Warr in Forrain parts then to be utterly without Apprentisage of Warr whereby People grow Effeminate and unpractised when Occasion shall be And it is no small strength unto the Realm that in these Warrs of Exercise and not of Perill so many of our People are trained And so many of our Nobility and Gentlemen have been made Excellent Leaders both by Sea and Land As for that he objecteth we have no Provision for Souldiers at their Return Though that Point hath not been altogether neglected yet I wish with all my Heart that it were more Ample then it is Though I have read and heard that in all Estates upon Casheering and Disbanding of Souldiers many have endured Necessity For the Stopping of Traffique as I referred my Self to the Muster-Books for the First So I refer my Self to the Custome-Books upon this which will not lye And do make Demonstration of no Abatement at all in these last years but rather of Rising and Encrease We know of many in London and other places that are within a small time greatly come up and made Rich by Merchandizing And a Man may speak within his Compasse and affirm That our Prizes by Sea have countervailed any Prizes upon us And as to the Iustice of this Realm it is true that Cunning and Wealâ—h have bred many Sutes and Debates in Law But let those Points be considered The Integrity and Sufficiency of those which supply the Iudiciall places in the Queens Courts The good Laweâ— that have been made in her Majesties time against Informers and Promoters And for the bettering of Trialls The Example of Severity which is used in the Star-chamber in oppressing Forces and Fraâ—des The Diligence and Stoutness that is used by Iustices of Assises in Encountring all Countenancing and Bearing of Causes in the Countrey by their Authorities and Wisedome The great Favours that have been used towards Coppy-holders and Customary Tenants which were in ancient times meerly at the Discretion and Mercy of the Lord And are now continually relieved from hard Dealing in Chancery and other Courts of Equity I say let these and many other Points be considered and Men will worthily conceive an Honourable Opinion of the Iustice of England Now to the Points of Levies and Distributions of Money which he calleth Exactions First very coldly he is not abashed to bring in the Gathering for Paules Steeple and the Lottery Trifles Whereof the former being but a Voluntary Collection of that Men were freely disposed to give never grew to so great a Sum as was sufficient to finish the Work for which it was appointed And so I imagine it was converted into some other use like to that Gathering which was for the Fortifications of Paris save that the Gathering for Paris came to a much greater though as I have heard no competent Sum. And for the Lottery it was but a Novelty devised and followed by some particular persons and onely allowed by the State being as a Gain of Hazzard Wherein if any Gain was it was because many Men thought Scorn after they had fallen from their greater hopes to fetch their odd Money Then he mentioneth Loanes and Privy Seales Wherein he sheweth great Ignorance and Indiscretion considering the Payments back again have been very Good and Certain And much for her Majesties Honour Indeed in other Princes Times it was not wont to be so And therefore though the Name be not so pleasant yet the Vse of them in our Times have been with small Grievance He reckoneth also new Customes upon Cloathes and new Impost upon Wines In that of Cloathes he is deceived For the ancient Rate of Custome upon Cloathes was not raised by her Majesty but by Queen Mary a Catholique Queen And hath been commonly continued by her Majesty Except he mean the Computation of the odd yards which in strict Duty was ever answerable Though the Error were but lately looked into or rather the Tolleration taken away And to that of Wines being a Forrain Merchandize and but a Delicacy and of those which might be forborn there hath been some Encrease of Imposition which can rather make the Price of Wine Higher â—hen the Merchant poorer Lastly touching the Number of Subsidies it is true that her Majesty in respect of her great Charges of her Warrs both by Sea and Land against such a Lord of Treasure as is the King of Spain Having for her part no Indies nor Mines And the Revenues of the Crown of England being such as they lesse grate upon the People then the Revenues of any Crown or State in Europe Hath by the Assent of Parliament according to the ancient Customes of this Realm received divers Subsidies of her People which as they have been employed upon the Defence and preservation of the Subject Not upon Excessive Buildings nor upon Immoderate Donatives Nor upon Triumphs and Pleasures Or any the like veines of Dissipation of Treasure which have been Familiar to many Kings So have they been yielded with great good will and cheerfulness As may appear by other kinds of Benevolence presented to her likewise in Parliament which her Majesty neverthelesse hath not put in Ure They have been Taxed also and Asseissed with a very Light and Gentle Hand And they have been spared as much as may be As may appear in that her Majesty now twice to spare the Subject hath sold of her own Lands But he that shall look into other Countries and conâ—ider the Taxes and Tallages and Impositions and Assises and the like that are every where in use Will find that the English Man is the most
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
Lordships Legitimate Issue And the Publishers and Printers of them deserve to have an Action of Defamation brought against them by the State of Learning for Disgracing and Personating his Lordships Works As for this present Collection I doubt not but that it will verifie it self in the severall Parcells thereof And manifest to all understanding and unpartiall Readers who is the Authour of it By that Spirit of Perspicuity and Aptnesse and Concisenesse which runs through the whole Work And is ever an Annex of his Lordships Penne. There is required now And I have been moved by many Both from Forrein Nations and at Home who have held in Price and been Admirers of this Honourable Authours Conceits and Apprehensions That some Memorialls might be added concerning his Lordships Life Wherein I have been more Willing then sufficient to satisfie their Requests And to that End have endeavoured to contribute not my Talent but my Mite in the next following Discourse Though to give the true Value to his Lordships Worth There were more need of another Homer to be the Trumpet of Achilles Vertues WILLIAM RAWLEY THE LIFE OF THE HONOURABLE AUTHOR FRANCIS BACON the Glory of his Age and Nation The Adorner and Ornament of Learning Was born in York House or York Place in the Strand On the 22th Day of January In the Year of our Lord 1560. His Father was that Famous Counseller to Queen Elizabeth The Second Propp of the Kingdome in his Time Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England A Lord of Known Prudence Sufficiency Moderation and Integrity His Mother was Ann Cook one of the Daughters of Sir Anthony Cook unto whom the Erudition of King Edward the Sixth had been committed A choyce Lady and Eminent for Piety Vertue and Learning Being exquisitely Skilled for a Woman in the Greek and Latin Tongues These being the Parents you may easily imagine what the Issue was like to be Having had whatsoever Nature or Breeding could put into Him His first and childish years were not without some Mark of Eminency At which Time he was endued with that Pregnancy and Towardness of Wit As they were Preâ—ages of that Deep and Universall Apprehension which was manifest in him afterward And caused him to be taken notice of by several Persons of Worth and Place And especially by the Queen who as I have been informed delighted much then to confer with him And to prove him with Questions unto whom he delivered Himself with that Gravity and Maturity above his years That her Majesty would often term Him The young Lord Keeper At the ordinary years of Ripeness for the university or rather something earlier He was sent by his Father to Trinity Colledge in Cambridge To be educated and bred under the Tuition of Doctor John White-Gift then Master of the Colledge Afterwards the Renowned Arch-Bishop of Canterbury A Prelate of the First Magnitude for Sanctity Learning Patience and Humility Vnder whom He was observed to have been more then an Ordinary Proficient in the severall Arts and Sciences Whilst he was commorant in the University about 16. years of Age As his Lordship hath been pleased to impart unto my Self he first fell into the Dislike of the Philosophy of Aristotle Not for the Worthlesnesse of the Authour to whom he would ever ascribe all High Attributes But for the Unfruitfulnesse of the way Being a Philosophy as his Lordship used to say onely strong for Disputations and Contentions But Barren of the Production of Works for the Benefit of the Life of Man In which Mind he continued to his Dying Day After he had passed the Circle of the Liberall Arts His Father thought fit to frame and mould him for the Arts of State And for that end sent him over into France with Sir Amyas Paulet then Employed Ambassadour Lieger into France By whom he was after a while held fit to be entrusted with some Message or Advertisement to the Queen which having performed with great Approbation he returned back into France again With Intention to continue for some years there In his absence in France his Father the Lord Keeper died Having collected as I have heard of Knowing Persons a considerable summe of Money which he had separated with Intention to have made a competent Purchase of Land for the Lively-hood of this his youngest Son who was onely unprovided for And though he was the youngest in years yet he was not the lowest in his Fathers Affection But the said Purchase being unaccomplished at his Fathers Death there came no greater share to him than his single Part and Portion of the Money dividable amongst 5. Brethren By which meanes he lived in some streits and Necessities in his younger years For as for that pleasant Scite and Mannour of Gorhambury he came not to it till many years after by the Death of his Dearest Brother Mr. Anthony Bacon A Gentleman equall to him in Heigth of Wit Though inferiour to him in the Endowments of Learning and Knowledge Vnto whom he was most nearly conjoyned in Affection They two being the sole Male Issue of a second Venter Being returned from Travaile he applyed himself to the study of the Common Law which he took upon him to be his Profession In which he obtained to great Excellency Though he made that as himself said but as an Accessary and not as his Principall study He wrote severall Tractates upon that Subject Wherein though some great Maisters of the Law did out-go him in Bulk and Particularities of Cases yet in the Science of the Groundsâ— and Mysteries of the Law he was exceeded by none In this way he was after a while sworn of the Queens Counsell Learned Extraordinary A Grace if I err not scarce known before He seated himself for the Commodity of his studies and Practise amongst the Honourable Society of Greyes Inn Of which House he was a Member where he Erected that Elegant Pile or Structure commonly known by the Name of the Lord Bacons Lodgings which he inhabited by Turns the most part of his Life some few years onely excepted unto his Dying Day In which House he carried himself with such Sweetnesse Comity and Generosity That he was much revered and loved by the Readers and Gentlemen of the House Notwithstanding that he professed the Law for his Livelyhood and Subsistence Yet his Heart and Affection was more carried after the Affaires and Places of Estate For which if the Majesty Royall then had been pleased he was most fit In his younger years he studied the Service and Fortunes as they call them of that Noble but unfortunate Earl the Earl of Esâ—ex unto whom he was in a sort a Private and free Counseller And gave him safe and Honourable Advice Till in the end the Earl inclined too much to the violent and precipitate Counsell of others his Adherents and Followers which was his Fate and Ruine His Birth and other Capacities qualified him above others of his Profession to have
do acknowledge my Soveraign Liege Lord King James to be lawfull and undoubted King of all the Kingdomes of England Scotland and Ireland And I will bear true faith and Allegeance to his Highness during my life NOw my Lords upon these words I charge William Talbot to have committed a great Offence And such an one as if he had entred into a voluntary and malicious Publication of the like writing It would have been too great an Offence for the Capacity of this Court But because it grew from a Question askt by a Councell of â—state And so rather seemeth in a favourable Construction to proceed from a kind of Submission to answer then from any malicious or insolent Will it was fit according to the Clemency of these Times to proceed in this maner before your Lordships And yet let the Hearers take these things right For certainly if a Man be required by the Lords oâ— the Councell to deliver his Opinion whether King Iames be King or no And He deliver his Opinion that He is not This is High Treason But I do not say that these words amount to thatâ— And therefore let me open them truly to your Lordships And thereiâ— open also it may be the Eyes of the Offender Himself how far they reach My Lords a Mans Allegeance must be Independant not provisionall and conditionall Elizabeth Barton that was called the Holy Maid of Kent affirmed That if K. H. 8. Did not take Katherine of Spain again to his Wife within a twelve moneth he should be no King And this was judged Treason For though this Act be Contingent and Future yet Treason of compassing and imagining the Kings Destruction is present And in like manner if a Man should voluntarily publish or maintain That whensoever a Bull or Deprivation shall come forth against the King that from thenceforth he is no longer King This is of like Nature But with this I do not charge you neither But this is the true Latitude of your Words That if the Doctrine touching the Killing of Kings be Matter of Faith that you submit your self to the Judgement of the Catholick Roman Church So as now to do you right your Allegeance doth not depend simply upon a Sentence of the Popes Deprivation against the King But upon another point also If these Doctrines be already or shall be declared to be Matter of Faith But my Lords there is little won in this There may be some Difference to the guiltinesse of the Party But there is little to the Danger of the King For the same Pope of Rome may with the same breath declare boâ—h So as still upon the matter the King is made but Tennant at will of his Life and Kingdomes And the Allegiance of his Subjects is pinn'd upon the Popes Act. And Certainly it is Time to stop the Current of this Opinion of Acknowledgement of the Popes power in Temporalibus Or elâ—e it will supplant the Seat of Kings And let it not be mistaken that Mr. Talbots Offence should be no more then the Refusing the Oath of Allegiance For it is one thing to be silent and another thing to affiâ—m As for the Point of Matter of Faith or not of Faith To tell your Lordships plain it would astonish a Man to see the Gulf of this implyed â—eliefe Is nothing excepted from it If a Man should ask Mr. Talbot whether he do condemn Murther or Adultery or Rape or the Doctrine of Mahomet or of Arius in stead of Zuarius Must the Answer be with this exception that if the Question concern matter of Faith as no question it doth for the Moral Law is matter of Faith That therein he wil submit himself to what the Church shall determine And no doubt the Murther of Princes is more then Simple Murther But to conclude Talbot I will do you this Right and I will noâ— be reserved in this but to declare that that is true That you came afterwards to a better mind Wherein if you had been constant the King out of his great goodnesse was resolved not to have proceeded with you in Course of Justice But then again you Started aside like a Broken Bow So that by your Variety and Vacillation you lost the acceptable time of the first Grace which was Not to have convented you Nay I will go farther with you Your last Submission I conceive to be Satisfactory and Compleat But then it was too late The Kings Honour was upon it It was published and the Day appointed for Hearing Yet what preparation that may be to the Second Grace of Pardon that I know not But I know my Lords out of their accustomed favour will admit you not only to your Defence concerning that that hath been Charged But to extenuate your Fault by any Submission that now God shall put into your mind to make The Charge given by Sr. Francis Bacon his Majesties Atturney Generall against Mr. I.S. for Scandalizing and Traducing in the publick Sessions Letters sent from the Lords of the Councell touching the Benevolence MY Lords I shall inform you ore tenus against this Gentleman Mr. I. S. A Gentleman as it seems of an ancient House and Name But for the present I can think of him by no other Name then the Name of a great Offender The Nature and Qualityâ— of his Offence in sum is this This Gentleman hath upon advice not suddenly by his Pen Nor by the Slip of his Tongue Not privatly or in a Corner but publickly As it were to the face of the Kings Ministers and Iustices Slandered and Traduced The King our Soveraign The Law of the Land The Parliament And infinite Particulars of his Majesties worthy and loving Subjects Nay the Slander is of that Nature that it may seem to interest the People in Grief and Discontent against the State whence mought have ensued Matter of Murmur and Sedition So that it is not a Simple Slander but a Seditious Slander like to that the Poet speaketh of Calamosque armare Veneno A Venemous Dart that hath both Iron and Poysonâ— To open to your Lordships the true State of this Offence I will set before you First the Occasion whereupon Mr. I. S. wrought Thâ—n the Offence it self in his own words And lastly the Points of his Charge My Lords you may remember that there was the last Parliament an Expectation to have had the King supplied with Treasure although the Event failed Herein it is not fit for me to give opinion of an House of Parliament But I will give testimony of Truth in all places I served in the Lower House and I observed somewhat This I do affirm That I never could perceive but that there was in that House a generall Disposition to give And to give largely The Clocks in the House perchance might differ Some went too fast some went too slow But the Disposition to give was generall So that I think I may truly say Solo tempore lapsus Amor. This Accident happening
thereupon takes Pen in hand and in stead of excusing himself sets down and contriveth a seditious and libellouâ— Accusation against the King and State which your Lordships shall now hear And sends it to the Majour And witâ—all because the Feather of his Quill might fly abroad he gives authority to the Majour to impart it to the Iustices if he so thought good And now my Lords because I will not mistake or mis-repeat you shall hear the Seditious Libell in the proper termes and words thereof Here the Papers were read MY Lords I know this Paper offends your Ears much and the Eares of any good Subject And sorry I am that the Times should produce Offences of this nature But since they do I would be more sorry they should be passed without severe punishment Non tradite factum as the Verse sayes altered a little Aut si tradatis Facti quoque tradite poenam If any man have a mind to discourse of the Fact let him likewise discourse of the punishment of the Fact In this Writing my Lords there appears a Monster with four Heads Of the progeny of him that is the Father of Lies and takes his Name from Slander The first is a wicked and seditious Slander Or if I shall use the Scripture phrase a Blasphemingâ— of the King himself Setting him forth for a Prince perjured in the great and solemne Oath of his Coronation which is as it were the Knot of the Diademe A Prince that should be a Violatour and Infringer of the Liberties Lawes and Customes of the Kingdome A mark for an H. the 4th A Match for a R. the 2d. The Second is a Slander and Falsification and wresting of the Law of the Land grosse and palpable It is truly said by a Civilian Tortura Legum pessima The Torture of Lawes is worse then the Torture of Men. The Third is a slander and false charge of the Parliament That they had denied to give to the King A Point of notorious untruth And the last is a Slander and Taunting of an infinite Number of the Kings loving Subjects that have given towards this Benevolence and free Contribution Charging them as Accessary and Coadjutours to the Kings Perjury Nay you leave us not there But you take upon you a Pontificall Habite And couple your Slander with a Curse But thanks be to God we have learned sufficiently out of the Scripture That as the Bird flies away so the causelesse Curse shall not come For the first of these which concerns the King I have taken to my self the opening and Aggravation thereof The other three I have distributed to my Fellows My Lords â— cannot but enter into this part with some Wonder and Astonishment How it should come into the Heart of a Subject of England to vapour forth such a wicked and venemous slander against the King whose Goodness Grace is comparable if not incomparable unto any the Kings his Progenitors This therefore gives me a Just necessary occasion to do two things The one to make some Representation of his Majesty Such as truly he is found to be in his Government which Mr. I. S. chargeth with Violation of Lawes and Liberties The other to search and open the Depth of Mr. I.S. his Offence Both which I will do briefly Because the one I cannot expresse sufficiently And the other I will not presse too far My Lords I mean to make no Panegyrick or Laudative The Kings delights not in it neither am I fit for it But if it were but a Councellor or Noble-man whose Name had suffered and were to receive some kind of Reparation in this High Court I would do him that Duty as not to pass his Merits and just Attributes especially such as are limitted with the present Case in silence For it is fit to burn Incense where evill Odours have been cast and raised Is it so that King Iames shall be said to be a Violater of the Liberties Lawes and Customes of his Kingdomes Or is he not rather a noble and Constant Protector and Conservator of them all I conceive this consisteth in maintaining Religion and the true Church In maintaining the Lawes of the Kingdom which is the Subjects Birth-right In temperate use of the Prerogative In due and free Administration of Iustice And Conservation of the Peace of the Land For Religion we must ever acknowledge in first place that we have a King that is the Principall Conservator of true Relâ—gion through the Christian World He hath maintained it not only with Scepter and Sword But likewise by his Pen wherein also he is Potent He hath Awaked and Reauthorized the whole Party of the Reformed Religion throughout Europe which through the Insolency and diverse Artifices and Inchantments of the advers part was grown a little Dull and Dejected He hath summoned the Fraternity of Kings to infranchise Themselves from the Usurpation of the see of Rome He hath made himself a Mark of Contradiction for it Neither can I omit when I speak of Religion to remember that excellent Act of his Majesty which though it were done in a Forraign Country yet the Church of God is one And the Contagion of these things will soon pass Seas and Lands I mean in his constant and holy proceeding against the Heretick Vorstius whom being ready to enter into the Chair and there to have authorized one of the most pestilent and Heathenish Heresies that ever was begun His Majesty by his constant opposition dismounted and pulled down And I am perswaded there sits in this Court one whom God doth the rather blesse for being his Majesties Instrument in that Service I cannot remember Religion and the Church but I must think of the seed-plots of the same which are the Vniversities His Majesty as for Learning amongst Kings he is incomparable in his Person So likewise hath he been in his Government a benigâ— or benevolent planet towards Learning By whose influence those Nurseries and Gardens of Learning the Vniversities were never morâ— in Flower nor Fruit. For the Maintaining of the Lawes which is the Hedge and Fence about the Liberty of the Subject I may truly affirm it was never in better repair He doth concur with the Votes of the Nobles Nolumus Leges Angliae mutare He is an Enemy of Innovation Neither doth the Universality of his own Knowledge carry him to neglect or pass over the very Formes of the Lawes of the Land Neither was there ever King I am perswaded that did consult so oft with his Iudges As my Lords that sit here know well The Iudges are a kind of Councell of the Kings by Oath and ancient Institution But he useth them so indeed He confers regularly with them upon their Retâ—rnes from their Visitations and Circuits He gives them Liberty both to enform him and to debate matters with him And in the Fall and Conclusion commonly relyeth on their Opinions As for the use of the Prerogative it runs within the ancient Channels
and Banks Some Things that were conceived to be in some Proclamations Commissions and Pattents as Overflowes have been by his Wisedom and Care reduced whereby no doubt the Main Channell of his Prerogative is so much the stronger For evermore Overflowes do hurt the Channell As for Administration of Iustice between Party and Party I pray observe these points There is no Newes of Great Seal or Signet that flies abroad for Countenance or Delay of Causes Protections rarely granted and only upon great Ground or by Consent My Lords here of the Councell and the King himself meddle not as hath been used in former times with Matters of Meum and Tuum except they have apparent mixture with Matters of Estate but leave them to the Kings Courts of Law or Equity And for Mercy and Grace without which there is no standing before Iustice we see the King now hath raigned 12. years in his White Robe without almost any Aspâ—rsionâ— of the Crimsâ—n Die of â—lood There sits my Lord Hobâ—rt â—hat served Atâ—urney seven years I served with him We were so happy as there passed not through our hands any one Arraignment for Treason And but one for any Capitall Offence which was that of the Lord Sanquier The Noblest piece of Iustice one of them that ever came â—orth in any Kings Times As for Penall Lawes which lie as Snares upon the Subjects And which were as a Nemo seit to King Henry 7. It yeelds a Revenue that will scarce pay for the Parchment of the Kings Records at Wâ—stminster And lastly for Peace we see manifestly his Majesty bears some Resemblance of that great Name A Prince of Peace He haâ—h preserved his Subjects during his Raign in Peace both within and wiâ—hout For the Peace with States abroad We have it usque ad Satietatem And for Peace in the Lawyers phrase which count Trespasses and Forces and Riots to be Contra pacem Leâ— me give your Lordships this Token or Tast That this Court where they should appear had never lesse to do And certainly there is no better Sign of Omnia benè then when this Court is in a Still But my Lords this is a Sea of Matter And therefore I must give it over and conclude That there was never King raigned in this Nation that did better keep Covenant in preserving the Liberties and procuring the Good of his People So that I must needs say for the Subjects of England O Fortunatos nimium sua si bona nôrint As no doubt they do both know and acknowledge it Whatsoever a few turbulent Discoursers may through the Lenity of the time take Boldness to speak And as for this particular touching the Benevolence wherein Mr. I.S. doth assign this breach of Covenant I leave it to others to tell you what the King may do Or what other Kings have done But I have told you what our King and my Lords have done Which I say and say again is so far from introducing a new President As it doth rather correct and mollifie and qualifie former presidents Now Mr. I. S. let me tell you your fault in few words For that I am perswaded you see it already Though I wooe no Mans Repentance But I shall as much as in me is cherish it where I find it Your Offence hath three parts knit together Your Slander Your Menace and Your Comparison For your Slander it is no lesse then that the King is perjured in his Coronation Oath No greater Offence then Perjury No greater Oath then that of a Coronation I leave it It is too great to aggravate Your Menace that if there were a Bulling-broke or I cannot tell what there were Matter for him is a very seditious Passage You know well that howsoever Henry the fourths Act by a secret Providence of God prevailed yet it was but an Vsurpation And if it were possible for such a one to be this day wherewith it seemes your Dreames are troubled I do not doubt his End would be upon the Block And that he would sooner have the Ravens sit upon his Head at London Bridge then the Crown at Westminster And it is not your interlacing of your God forbid that will salve these seditious Speeches Neither could it be a Fore-warning because the Matter was past and not revocable But a very Stirring up and Incensing of the People If I should say to you for Example if these times were like some former times of King H. 8 Or some other times which God forbid Mr. I. S it would cost you your life I am sure you would not think this to be a gentle warning but rather that I incensed the Court against you And for your Comparison with R. the 2. I see you follow the Example of them that brought him upon the Stage and into Print in Queen Elizabeths time A most prudent and admirable Queen But let me entreat you that when â—ou will speak of Queen Elizabeth or King Iames you would compare them to K. H. the 7th or K. Ed. 1. Or some other Paralels to which they are like And this I would wish both you and all to take heed of How you speak seditious Matterâ— in Parables or by Tropes or Examples There is a thing in an Indictment called an Innuendo You must beware how you becken or make Signs upon the King in a Dangerous sense But I will contain my self and Press this no further I may hold you for Turbulent or Presumptuous but I hope you are not Disloyall You are graciously and mercifully dealt with And therefore having now oâ—ened to my Lords and as I think to your own Heart and Conscience the principall part of your Offence which concerns the King I leave the rest which concerns the Law Parliament and the Subjects that have given to Mr. Serjeants and Mr. Sollicitour The Charge of Owen indicted of High Treason in the Kings Bench by Sir Francis Bacon Knight his Majesties Atturney Generall THe Treason wherewiâ—h this Man standeth Charged is for the Kind and Nature of it Ancient As Ancient as there is any Law of England But in the particular Late and Upstart And again in the Manner and Boldness of the present Case New and almost unheard of till this Man Of what mind he is now I know not but I take him as he was and as he standeth charged For High Treason is not written in Ice That when the Body relenteth the Impression should go away In this Cause the Evidence it self will spend little Time Time therefore will be best spent in opening fully the Nature of thiâ— Treason with the Circumstances thereof Because the Example is more then the Man I think good therefore by way of Inducement and Declaration in this Cause to open unto the Court Iury and Hearers five Things The first is the Clemency of the King Because it is Newes and a kind of Rarety to have a proceeding in this place upon Treason And perhaps it may be marvelled by some why after
Better Commissioners to examine it The Term â—ath been almost turned into a Iustitium or Vacancy The People themselves being more willing to be Lookers on in this Business then to follow their own There hath been no Care of Discovery omitted no Moment of Time lost And therefore I will conclude this Part with the Saying of Salomon Gloria Dei celare rem gloria Regis Scrutari rem And his Majesties Honour is much the greater for that he hath shewed to the World in this Businesse as it hath Relation to my Lord of Sommerset whose Case in no sort I do prejudge being ignorant of the Secrets of the Cause but taking him as the Law takes him hitherto for a Suspect I say the King hath to his great Honour shewed That were any Man in such a Case of Bloud as the Signet upon his Right Hand as the Scripture sayes yet would He put him off Now will I come to the particular Charge of these Gentlemen whose Qualities and Persons I respect and love For they are all my particular Friends But now I can only do this Duty of a Friend to them to make them know their Fault to the full And therefore first I will by way of Narrative declare to your Lordships the Fact with the occasion of it Then you shall have their Confessions read upon which you are to proceed Together with some Collaterall Testimonies by way of Aggravation And lastly I will note and observe to your Lordships the Materiall points which I do insist upon for their Charge And so leave them to their Answer And this I will doe very briefly for the Case is not perplexed That wretched Man Weston who was the Actor or Mechanicall Party in this Impoysonment at the first day being indicted by a very substantiall Iury of Selected Cittizens to the number of 19. who foâ—nd â—illa vera yet neverthelesse at the first stood mute But after some dayes Intermission it pleased God to cast out the Dumb Devill And that he did put himself upon his Tryall And was by a Jury also of great Value upon his Confession and other Testimonies found guilty So as 31. sufficient Iurours have passed upon him whereupon Judgement and Execution was awaâ—ded against him After this being in preparation for another World he sent for Sr. Thomas Overburies Father and falling down upon his knees with great Remorce and Compunction asked him forgivenesse Aftâ—rwards againe of his own Motion desired to have his like prayer of forgivenesseâ— recommended to his Mother who was abâ—ent And at boâ—h times out of the abundance of his Heart Confâ—ssâ—d that he was to die justly and that he was woâ—thy of Deâ—th And after again at his Execution which is a kind of sealing tâ—me of Confessions evâ—n at the point of Death Although there were Tempters about him as you shall hear by and by yet he did again confirm publickly that his Examinations weâ—e â—rue And that he had been justly and honourably dealt with Here is the Narrative which enduceth the Charge The Chaâ—ge it self is this M. L. Whose Offence stands alone single the Offence of the other two being in consort And yet all three meetingâ— in their End and Center which was to interrupt or deface this Excellent piece of Iustice M. L. I say mean while between Westons standing mute and his Tryall Takes upon him to mâ—ke a most False Odious and Libellous Relation Containing as many Untruths as Lines And sets it down in writing with his own Hand And deliveâ—s it to Mr. Henry Gibb of the Bed-chamber to be put into the Kings Hand In which writing he doth falsifie and pervert all that was done the first day at the Arraignment of Weston Turning the Pike and Point of his Imputations principally upon my Lord Chief Iustice of England Whose Name thus occurring I cannot pass by And yet I can not skill to flatter But this I will say of him and I would say as much to Ages if I should write a Story That never Mans Person and his place were better met in a Businesse then my Lord Cooke and my Lord Chief Iustice in the Cause of Overbury Now My Lords in this Offence of M. L For the particulars of these slanderous Articles I will observe them unto you when the Writings and Examinations are read For I do not love to set the Gloss before the Text. But in generalâ— I noâ—e to your Lordships First the Person of M. L. I know he is a Scottish Gentleman and thereby more ignorant of our Lawes and Formes But I cannot tell whither this doth extenuate his Fault in râ—spect of Ignorance Or aggravate it much in respect of Presumptiou That he would meddle in that that he understood not But I doubt it came not out of his Quiver Some other Mans Cunning wrought upon this Mans Boldnesse Secondly I may note unto you the Greatnesse of the Cause Wherein he being a private mean Gentleman did presume to deal M. L could not but know to what great and grave Commissioners the King had committed this Cause And that his Majesâ—y in his Wiâ—edom would expect return of all things from them to whose trust he had committed this Businesse For it is the part of Commissioners as well to report the Businesse as to mannage the Businâ—sse And then his Majesty mought have been sure to have had all thingâ— well weighed and truly informed And therefore it should have been far from M. L. to have presumed to have put fâ—rth his Hand to so high and tender a Businesse which was not to be touched but by Employed Hands Thirdly I note to your Lordships that this Infusion of a Slander into a Kings Ear is of all Formes of Libells and Slanders the worst It is true that Kingâ— may keep secret their Informations and then no Man ought to enquire after them while they are shrined in their Breast But where a King is pleased that a Man shall answer for his false Information There I say the false Information to a King â—xceeds in Offence the false Information of any other kind Being a kind since we are in matter of Poyson of Impoysonment of a Kings Ear. And thus much for the Offence of M. L. For the Offence of S. W. and H. I. which I said was in consort it was shortly this At the â—ime and Place of the Execution of Weston To â—upplant his Christian Resolution and to Scandalâ—zeâ—he â—he Iustice already past perhapâ— to cut off the thred of thâ—tâ— which is to come These Gentlemen with others came mounted on Horseback And in a Ruffling and Facing manner put themselves forward to re-examine Weston upon Questions And what Questions Directly crosse to that that had been tryed and judged For what was the point tried That Weston had poysoned Overbury What was S. W. Question Whether Weston did poyson Ovâ—rbury or no A Contradictory directly Weston answered only that he did him wrong And turning to the Sheriffe said You promised me I
his Book Procure reverence to the King and the Law Inform my people truly of me which we know is hard to do according to the Excellency of his Merit but yet Endeavour it How zealous I am for Religion How I desire Law may be maintained and flourish That every Court should have his Iurisdiction That every Subject should submit himselâ— to the Law And of this you have had of lâ—te no small Occasion of Notice and Remembrance by the great and strait Charge that the King haâ—h given me as Keeper of his Seal for the Governing of the Chancery without Tumour or Excesse Again è re natae you at this present ought to make the People know and consider â—he Kings Blâ—ssed Care and Pâ—ovidence in goveâ—ning this Realm in his Absence So thâ—t sitting at the Helm of another Kingdom Nâ—t without gâ—eat Affairs and Business yet he governs all things here by his Letters and Directions as punctually and perfectly as if he were present I assure you my Lords of the Counsell and I do much admire the Extention and Latitude of his Care in all Things In the High Commission he did conceive a Sinnâ—w of Government was a little shrunk He recommended the care of it He hath called for the Accounts of the last Circuit from the Judges to be transmitted unto him into Scotland Touching the Infestation of Pyrates he hath been carefull and is and hath put things in way All things that concern the Reformation or the Plantation of Ireland He hath given in them punctuall and resolute Diâ—ections All this in Absence I give but a few Instances of a publique Nature The Secrets of Counsell I may not enter into Though his Dispatches into France Spain and the Low-Countries now in his absence are also Notorious as to the outward sending So that I must conclude that his Majesty wants but more Kingdomes For I see he could suffice to all As for the other Glasse I told you of Of representing to the King the Griefs of his People without doubt it is properly your Part For the King ought to be informed of any thing amisse in the state of his Countries from the Observations and Relations of the Iudges That indeed know the Pulse of the Country Rather then from Discourse But for this Glasse thanks be to God I do hear from you all That there was never greater Peace Obedience and Contentment in the Country Though the best Governments be alwayes like the fairest Crystals wherin every little Isicle or Grain is seen which in a Fouler Stone is never perceived Now to some Particulars and not Many Of all other things I must begin as the King begins That is with the Cause of Religion And especially the Hollow Church Papist Saint Aug. hath a good Comparison of such Men affirming That â—hey are like the Roots of Nettles which themselves sting not but yet â—hey bear all the Stinging Leaves Let me know of such Roots and I will root them out of the Country Next for the Matter of Religion In the principall place I recommend both to you and the Iustices the Countenancing of Godly and Zealous Preachers I mean not Sectaries or Novellists But those which are sound and conform But yet pious and Reverend For there will be a perpetuall Defection except you keep Men in by Preaching as well as Law doth by punishing And commonly Spirituall Diseases are not Cured but by Spirituall Remedies Next let me commend unto you the Repressing as much as may be of Faction in the Countrys of which ensue infinite Inconveniences and perturbations of all good Order And Crossing of all good Service in Court or Country or wheresoever Cicero when he was Consul had devised a fine Remedy A Milde one but an effectuall and an apt one For he saith Eos qui otium perturbant reddam otiosos Those that trouble others Quiet I will give them Quiet They shall have nothing to do Nor no Authority shall be put into their Hands If I may know from you of any who are in the Country that are Heads or Hands of Faction Or Men of turbulent Spirits I shall give them Cicero's Reward as much as in me is To conclude study the Kings Book And study your selves how you profit by it And all shall be well And you the Iustices of Peace in particular Let me say this to you Never King of this Realm did you so much Honour as the King hath done you in his Speeeh By being your immediâ—te Directors And by sorting you and your seâ—vice with the Service of Ambassadours and of his nearest Attendants Nay more it seems his Majesty is willing to do the state of Iustice of Peace Honour actively also By bringing in with time the like Form of Commission into the Government of Scotland As that Glorious King Edward the third did plant this Commission here in this Kingdome And therefore you are not fit to be Coppies except you be Fair Written without Blots or Blurs or any thing unworthy your Authority And so I will trouble you no longer for this time The Speech used by Sir Francis Bacon Lord Keeper of the Great Seal of England to Sir William Jones upon his calling to be Lord Chief Justice of Ireland 1617. Sir WILLIAM IONES THe Kings most Excellent Majesty being duly informed of your sufficiency every way Hath called you by his Writ now returned to the State and Degree of a Serjeant at Law But not to stay there but being so qualified to serve him as his Chief Iustice of his Kings Bench in his Realm of Ireland And therefore that which I shall say to you must be applied not to your Sâ—rjeants place which you take but in passage But to that great place where you are to settle And because I will not spend Time to the Delay of the Businesse of Causes of the Court I will lead you the short Iourney by Examples and not the Long by Precepts The Place that you shall now serve in hath been fortunate to be well served in four successions before you Do but take unto you the Constancy and integrity of Sir Robert Gardiner The Gravity Temper and Direction of Sir Iames Lea The Quicknesâ—e Industry and Dispatch of Sir Humphry Winch The Care and Affection to the Common-wealth and the Prudent and Politick Administration of Sir Iohn Denham And you shall need no other Lessons They were all Lincolns Inn Men as you are You have known them as well in their Beginnings as in their Advancement But because you are to be there not only Chief Iustice but a Counseller of Estate I will put you in mind of the great Work now in hand that you may raise your thoughtes according unto it Ireland is the last Ex Filiis Europae which hath been reclaimed from Desolation and a Desert in many parts to Population and Plantation And from Savage and Barbarous Customes to Humanity and Civility This is the Kings Work in chief It is his Garland of Heroicall Vertue
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