such an Institution will be that it will make the Place a Receptacle of the Worst Idlest and most dissolute Persons of every Profession And to become a Cell of Loyterers and Cast Serving Men and Drunkards with Scandall rather then Fruit to the Common Wealth And of this kinde I can find but one Example with us Which is the Almes Knights of Windsor Which particular would give a Man small encouragement to follow that President Therefore the best Effect of Hospitals is to make the Kingdome if it were possible capable of that Law That there be no Beggar in Israel For it is that kind of People that is a burthen an Eye sore a scandall and a Seed of Perill and Tumult in the State But chiefly it were to be wished that such a Beneficence towards the Relief of the poor were so bestowed As not onely the Meere and Naked Poore should be sustained But also that the Honest Person which hath hard means to live upon whom the Poore are now charged should be in some sort eased For that were a Work generally acceptable to the Kingdome if the Publick Hand of Alms might spare the Private Hand of â—ax And therefore of all other Employments of that kind I commend most Houses of Relief and Correction which are Mixt Hospitalls where the Impotent Person is relieved and the Sturdy Beggar buckled to work And the unable Person also not maintained to be Idle which is ever joyned with Drunkennesse and Impurity But is sorted with such work as he can mannage and perform And where the uses are not distinguished as in other Hospitals Whereof some are for Aged and Impotent and some for Childrâ—n And some for Correction of Vagabonds But are generall and promiscuous So that they may take off Poore of every sort from the Countrey as the Countrey breeds them And thus the Poore themselves shall find the Provision and other People the sweetnesse of the Abatement of the Tax Now if it be objected that Houses of Correction in all places have not done the good expected as it cannot be denied but in most places they have done much Good It must be remembred that there is a great Difference between that which is done by the Distracted Government of Iustices of Peace And that which may be done by a setled Ordinance subject to a Regular Visitation as this may be And besides the Want hath been commonly in Houses of Correction of a competent and Certain Stock for the Materialls of the Labour which in this case may be likewise supplied Concerning the Advancement of Learning I do subscribe to the Opinion of one of the Wisest and Greatest Men of your Kingdome That for Grammar Schools there are already too many and therefore no Providence to adde where there is Excesse For the great Number of Schools which are in your Highnesse Realm doth cause a Want and doth cause likewise an Overflow Both of them Inconvenient and one of them Dangerous For by Means thereof they find Want in the Countrey and Towns both of Servants for Husbandry and Apprentices for Trade And on the other side there being more Schollers bred then the State can prefer and Employ And the Active part of that life not bearing a proportion to the Preparative It must needs fall out that many Persons will be bred unfit for other Vocations And unprofitable for that in which they are brought up Which fills the Realm full of Indigent Idle and Wanton People which are but Materia Rerum novarum Therefore in this Point I wish Mr. Suttons Intention were exalted a Degree That that which he meant for Teachers of Children your Majesty should make for Teachers of Men wherein it hath been my ancient Opinion and Observation That in the Vniversities of this Realm which I take to be of the best endowed Vniversities of Europe there is Nothing more wanting towards the flourishing State of Learning then the Honourable and plentifull Salaries of Readers in Arts and Professions In which Point as your Majesties Bounty already hath made a Beginning So this Occasion is offered of God to make a Proceeding Surely Readers in the Chair are as the Parents in Sciences and deserve to enjoy a Condition not inferiour to their Children that embrace the Practicall Part. Els no Man will sit longer in the Chair then till he can walk to a better preferment And it will come to passe as Virgil saith Et Patrum invalidi referent Iejunia Nati For if the Principall Readers through the Meannesse of their Entertainment be but Men of superficiall Learning And that they shall take their place but in passage It will make the Masse of Sciences want the chief and solid Dimension which is Depth and to become but Pretty and compendious Habits of praâ—ctice Therfore I could wish that in both the Vniversities the Lectures as well of the three Professions Divinity Law and Phyâ—sick As of the three Heads of Science Philosophy Arts of Speech and the Mathematicks were raised in their Pensions unto a 100 l. per Annum a piece Which though it be not near so great as they are in some other Places where the Greatnesse of the Reward doth whistle for the Ablest Men out of all Forrain parâ— to supply the Chair yet it may be a Portion to content a Worthy and Able Man If he be likewise Contemplative in Nature As those spirits are that are Fittest for Lectures Thus may Learning in your Kingdome be advanced to a further Heighth Learning I say which under your Majesty the most Learned of Kings may claim some Degree of Elevation Concerning Propagation of Religion I shall in few words set before your Majesty three Propositions None of them Devises of mine own otherwise then that I ever approved them Two of which have been in Agitation of Speech and The third acted The first is a Colledge for Controversies Whereby we shall not still proceed Single but shall as it were double our Files Which certainly will be found in the Encounter The second is a Receipt I like not the word Seminary in respect of the Vain Vowes and implicite Obedience and other Thingâ— tending to the perturbation of States involved in that Term for Converts to the Reformed Religion either of Youth or otherwise For I doubt not but there are in Spain Italy and other Countries of the Papists many whose Hearts are touched with a sense of those Corruptions and an acknowledgment of a better Way which Grace is many times smothered and choaked through a worldly Consideration of Necessity and want Men not knowing where to have Succour and Refuge This likewise I hold a Work of great Piety and a Work of great Consequence That we also may be Wise in our Generation And that the Watchfull and Silent Night may be used as well for sowing of good Seed as of Tares The third is the Imitation of a Memorable and Religious Act of Queen Elizabeth Who finding a part of Lancashire to be extreamly Backward
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
And becauâ—e they know so much they will not shew them A number of other particulars there are whereof as I have given your Majesty a Tast so the chief of them upon deliberate Advise are set down in writing by the Labour of certain Committees and approbation of the whole House more particularly and lively than I can express them My self having them at the second hand by reason of my Aboad above But this writing is a Collection of theirs who dwell amongst the Abuses of these offenders and Complaints of the People And therefore must needs have a more perfect understanding of all the Circumstances of them It remaineth only that I use a few words the rather to move your Majesty in this cause A few words I say a very few For neither need so great Enormities any aggravating Neither needeth so great Grace as useth of it self to flow from your Majesties Princely Goodness any Artificiall perswading There be two Things onely which I think good to set before your Majesty The one the Example of your most Noble Progenitours Kings of this Realm who from the First King that endowed this Kingdom with the Great Charters of their Liberties untill the last have ordained most of them in their severall Raignes some Laws or Law against this kind of Offenders And specially the Example of one of them That King who for his Greatness Wisdom Glory and Union of severall Kingdoms resembleth your Majesty most both in Vertue and Fortune King Edward the Third who in his time onely made ten seveâ—rall Laws against this Mischief The second is the Example of God himself who hath said and pronounced That he will not hold them guiltless that take his Name in vain For all these great Misdemâ—anours are committed in and under your Majesties Name And therefore we hope your Majesty will hold thâ—m twice guilty that commit these offences Once for the Oppressing of the People And once more for doing it under the Colour and abuse of your Majesties most dreaded and beloved Name So then I will conclude with the saying of Pindarus Optima Res Aqua Not for the Excellency but for the Common use of it And so contrary-wise the Matter of Abuse of Purveyance if it be not the most hainous Abuse yet certainly it is the most common and generall Abuse of all others in this Kingdom It resteth that according to the Command laid upon me I do in all Humbleness present this writing to your Majesties Royall Hands with most humble Petition on the Behalf of the Commons That as your Majesty hath been pleased to vouchsafe your Gracious Audience to hear me speak So you would be pleased to enlarge your Patience to hear this writing read which is more Materiall A Speech used by Sir Francis Bacon in the Lower House of Parliament 5o. Jacobi concerning the Article of generall Naturalization of the Scottish Nation IT may please you Mr. Speaker Preface will I use none but put my Self upon your good Opinions to which I have been accustomed beyond my Deservings Neither will I hold you in suspence what way I will choose But now at the first declare my self that I mean to counsell the House to naturalize this Nation Wherein nevertheless I have a request to make unto you which is of more Efficacy to the purpose I have in Hand then all that I shall say afterwards And it is the same which Demosthenes did more then once in great Causes of Estate make to the People of Athens Vt cum Calculis Suffragiorum sumanâ— Magnanimitatem Reip. That when they took into their Hands the Balls whereby to give their Voices according as the manner of them was They would raise their Thoughts and lay aside those Considerations which their private Vocations and Degrees mought minister and represent unto them And would take upon them Cogitations and Minds agreeable to the Dignity and Honour of the Estate For Mr. Speaker as it was aptly and sharply said by Alexander to Parmenio when upon the Recitall of the great offers which Darius made Parmenio said unto him I would accept these offers were I as Alexander He Turned it upon him again So would I saith he were I as Parmenio So in this cause if an honest English Merchant I do not single out that State in disgrace For this Island ever held it Honourable But onely for an Instance of a private profession If an English Merchant should say Surely I would proceed no further in the union were I as the King It mought be reasonably answered No more would the King were he as an English Merchant And the like may be said of a Gentleman of the Countrey be he never so worthy and sufficient Or of a Lawyer be he never so wise and learned Or of any other particular Condition in this Kingdome For certainly Mr. Speaker if a Man shall be onely or chiefly sensible of those Respects which his particular Vocation and Degree shall suggest and infuse into him And not enter into true and worthy Considerations of Estate he shall never be able aright to give Counsell or take Counsell in this Matter So that if this Request be granted I account the Cause obtained But to proceed to the Matter it self All Consultations do rest upon Questions Comparative For when a Question is De Vero it is simple For there is but one Truth But when a Question is De Bono it is for the most part Comparative For there be differing Degrees of Good and Evill And the best of the Good is to be preferred and chosen And the worst of the Evill is to be declined and avoyded And therefore in a Question of this Nature you may not look for Answers proper to every Inconvenience alledged For somewhat that cannot be specially answered may nevertheless be encountred and over-weighed by matter of greater moment And therefore the Matter which I shall set forth unto you will naturally receive this Distribution of three parts First an Answer unto those Inconveniences which have been alledged to ensue if we should give way to this Naturalization which I suppose you will find not to be so great as they have been made But that much Dross is put into the Ballance to help to make weight Secondly an Encounter against the Remain of those Inconveniences which cannot properly be answered By much greater Inconveniences which we shall incur if we do not proceed to this Naturalization Thirdly an Encounter likewise but of another Nature That is by the gain and benefit which we shall draw and purchase to our selves by proceeding to this Naturalization And yet to avoid Confusion which evermore followeth of too much Generality it is necessary for me before I proceed to perswasion to use some Distribution of the Points or Parts of Naturalization Which certainly can be no better nor none other than the ancient Distribution of Ius Civitatis Ius Suffragii vel Tribus and Petitionis sive Honorum For all Ability and Capacity is
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 Felicity Denied to his Progenitors and Reserved to his Times The Work is not yet conducted to perfection but is in fair Advance And this I will say confidently that if God blesse this Kingdom with Peace and Justice No Usurer is so sure in seven years space to double his Prâ—ncipall with Interest And Interest upon Interest As that Kingdom is within the same time to double the stock both of Wealth and People So as that Kingdom which once within these Twenty years Wise men were wont to doubt whether they should wish it to be in a Poole Is like now to become almost a Garden And younger Sister to Great Britain And therefore you must set down with your self to be not only a just Governer and a good Chief Iustice as if it were in England But under the King and the Deputy you are to be a Master Builder and a Master Planter and Reducer of Ireland To which end I will trouble you at this time but with Three Directions The First is that you have speciall care of the Three Plantations That of the North which is in part acted That of Weshford which is now in Distribution And that of Longford and Letrim which is now in survey And take this from me That the Bane of a Plantation is when the Vndertakers or Planters make such hast to a little Mechanicall present profit as disturbeth the whole Frame and noblenesse of the work for Times to come Therefore hold them to their Covenants and the strict Ordinances of Plantation The Second is that you be carefull of the Kings Revenew And by little and little constitute him a good Demeasn if it may be Which hitherto is little or none For the Kings Case is hard when every Mans Land shall be improved in value with increase manifold And the King shall be tied to his Dry Rent My last Direction though first in weight is that you do all good Endeavours to proceed resolutely and constantly and yet with due Temparance and Equality in Matters of Religion least Ireland Civill become more dangerous to us then Ireland Savage So God give you Comfort of your Place After Sir William Iones Speech I had forgotten one Thing which was this You may take exceeding great Comfort that you shall serve with such a Deputy One that I think is a Man ordain'd of God to do great Good to that Kingdome And this I think good to say to you That the true Temper of a Chief Iustice towards a Deputy is Neither servilly to second him nor factiously to oppose him The Lord Keepers Speech in the Exchecquer to Sir John Denham when he was called to be one of the Barons of the Exchecquer SIR Iohn Denham the King of his grace and favour hath made choice of you to be one of the Barons of the Exchecquer To succeed to one of the gravest and most Reverend Iudges of this Kingdome For so I hold Baron Altham was The King takes you not upon Credit but Proof and great Proof of your former Service And that in both those kinds wherein you are now to serve For as you have shewed your self a good Iudge beween party and party so you have shewed your self a good Administer of the Revenue Both when you were Chief Baron And since as Counseller of Estate there in Ireland where the Counsell as you know doth in great part mannage and messuage the Revenew And to both these Parts I will apply some Admonitions But not vulgar or discursive But apt for the Times and in few words For they are best remembred First therefore above all you ought to maintain the Kings Prerogative And to set down with your self that the Kings Prerogative and the Law are not two Things But the Kings Prerogative is Law And the Principall Part of the Law The First-Born or Pars Prima of the Law And therefore in conserving or maintaining that you conserve and maintain the Law There is not in the Body of Man one Law of the Head and another of the Body but all is one Entire Law The next Point that I would now advise you is that you acquaint your self diligently with the Revenew And also with the Ancient Recordâ— and Presidents of this Court. When the famous Case of the Copper Mines was argued in this Court And judged for the King It was not upon the fine Reasons of Witt As that the Kings Prerogative drew to it the chief in quaque specie The Lion is the chief of Beasts The Eagle the chief of Birds The Whale the chief of Fishes And so Copper the chief of Minerals For these are but Dalliances of Law Ornaments But it was the grave Records and Presidents that grounded the Iudgement of that Cause And therefore I would have you both guide and arm your self with them against these Vapours and Fumes of Law which are extracted out of Mens Inventions and Conceits The third Advice I will give you hath a large Extent It is that you do your Endeavour in your place so to mannage the Kings Iustice and Revenue as the King may have most Profit and the Subject least vexation For when there is much vexation to the Subject and little Benefit to the King then the Exchecquer is Sick And when there is Much Benefit to the King with lesse Trouble and vexation to the Subject then the Exchecquer is sound As for Example If there shall be much Racking for the Kings old Debts And the more Fresh and Late Debts shall be either more negligently called upon or over easily discharged or over indulgently stalled Or if the Number of Informations be many and the Kings Part or Fines for Compositions a Trifle Or if there be much ado to get the King new Land upon Concealments and that which he hath already be not well known and surveyed Nor the woods preserved I could put you many other Cases this fals within that which I term the sick Estate of the Exchecquer And this is that which makes every Man ready with their Undertakings and their Projects to disturb the ancient Frame of the Exchecquer Then the which I am perswaded there is not a better This being the Burthen of the Song That much goeth out of the Subjects Purse And little commeth to the Kings Purse Therefore give them not that Advantage so to say Sure I am that besides your own Associates the Barons you serve with two superiour Great Officers that have Honourable and true Ends And desire to serve the King and right the Subject There resteth that I deliver you your Patent His Lordships Speech in the Common Pleas to Justice Hutton when he was called to be one of the Judges of the Common Pleas. Mr. Serjeant Hutton THe Kings most Excellent Majesty being duly enformed of your Learning Integrity Discretion Experience Meanes and Reputation in your Countrey Hath thought fit not to leave you these Talents to be employed upon your self onely But to call you to serve Himself and his
the rest of their Body The Kingdome of Portugall which of late times through their Merchandizing and places in the East Indies was grown to be an Opulent Kingdome is now at the last after the unfortunate journey of Affrick in that State as a Countrey is like to be that is reduced under a Forreiner by Conquest And such a Forreiner as hath his Competitour in Title being a Naturall Portugall and no Stranger And having been once in possession yet in Life wherby his Iealousie must necessarily be encreased and through his Jealousie their Oppression which is apparent by the Carrying of many Noble Families out of their Naturall Countries to live in Exile And by putting to Death a great Number of Noble-Men naturally born to have been principall Governers of their Countries These are three Afflicted parts of Christendome The Rest of the States enjoy either Prosperity or tolerable Condition The Kingdome of Scotland though at this present by the good Regiment and wise proceeding of the King they enjoy good quiet yet â—ince our Peace it hath passed through no small Troubles And remaineth full of Boyling and Swelling Humours But like by the Maturity of the said King every day encreasing to be repressed The Kingdome of Poland is newly recovered out of great Wars about an Ambiguous Election And besides is a State of that Composition that their King being Elective they do commonly chuse rather a Stranger then one of their own Countrey A great Exception to the Flourishing Estate of any Kingdome The Kingdome of Swedeland besides their Forrain Warrs upon their Cousins the Muscovites and the Danes Hath been also subject to divers Intestine Tumults and Mutations as their Stories do record The Kingdome of Denmark hath had good Times specially by the good Government of the late King who maintained the profession of the Gospell But yet greatly giveth place to the Kingdome of England in Climate Wealth Fertility and many other Points both of Honour and Strength The Estates of Italy which are not under the Dominion of Spain have had peace equall in continuance with ours Except in regard of that which hath passed between them and the Turk Which hath sorted to their Honour and Commendation But yet they are so brideled and over-awed by the Spaniard that possesseth the two principall Members thereof And that in the two extream parts as they be like Quillets of Freehold being intermixed in the midst of a great Honour or Lordship So as their Quiet is intermingled not with Iealousie alone but with Restraint The States of Germany have had for the most part peaceable Times But yet they yeeld to the State of England Not only in the great Honour of a great Kingdome they being of a mean Stile and Dignity but also in many other Respects both of Wealth and Pollicy The State of Savoy having been in the old Dukes Time governed in good Prosperity hath since notwithstanding their new great Alliance with Spain whereupon they waxed insolent to design to snatch up some piece of France After the dishonourable Repulse from the Seige of Geneva deen often distresâ—ed by a particular Gentleman of Daulphâ—ny And at this presenâ— day the Duke feeleth even in Piedmont beyond the Mountaines of the weight of the same Enemy Who hath lately shut up his Gates and common Entries between Savoy and Piedmont So as hitherto I do not see but that we are as much bound to the Mercies of God as any other Nation Considering that the Fires of Dissention and Oppression in some Parts of Christendom may serve us for Lights to shew us our Happinesse And the good â—states of other places which we do congratulate with them for is such neverthelesse as doth not stain and exceed ours But rather doth still leave somewhat wherein we may acknowledge an ordinary Benediction of God Lastly we do not much emulate the Greaâ—nesse and Glory of the Spaniards Who having not only Excluded the Purity of Religion but also Fortified against it by their Devise of the Inquisition which is a Bulwark against the Entrance of the Truth of God Having in recompence of their new Purchase of Porâ—ugal lost a great part of their ancient Patrimonies of the Low-Countries Being of far greater Commodity and Valew or at the least holding part thereof in such sort as most of their other Revenewes are spent there upon their own Having lately with much Difficulty rather smoothed and skinned over then Healed and extinguished the Commotions of Arragon Having rather sowed Troubles in France then reaped Assured Fruit thereof unto themselves Having from the Attempt of England received Scorn and Disreputation Being at this time with the States of Italy rather suspected then either Loved or Feared Having in Germany and else where rather much practise then any Sound intelligence or Amity Having no such clear succession as they need object and Reproach the Incertainty thereof unto another Nation Have in the end won a Reputation rather of Ambition then Iustice And in the pursuit of their Ambition rather of Much Enterprising then of Fortunate Atchieving And in their Entâ—rprising rather of Doing Things by Treasure and Expence then by Forces and Valour Now that I have given the Reader a Tast of England respectively and in Comparison of the Times past and of the States abroad I will descend to examine the Libellers own Divisions Whereupon let the World judge how easily and clean this Inke which he hath cast in our faces is washed off The First Branch of the pretended Calamities of England is the great and wonderfull Confusion which he saith is in the State of the Church which is subdivided again into two parts The one the Prosecutions againg the Catholicks The other the Discords and Controversies amongst our selves The former of which 2. parts I have made an Article by it self Wherein I have set down a clear and simple Narration of the proceedings of State against that sort of Subjects Adding this by the way That there are 2. Extremities in State concerning the Causes of â—aith and Religion That is to say the Permission of the Exercises of more Râ—ligions then one which is a dangerous Indulgence and Toleration the other is the Entring and Sifting into Mens Consciences when no Overt Scandall is given which is Rigorous and Straineable Inquisition And I avouch the proceedings towards the intended Catholicks to have been a Mean between these two Extremities Referring the Demonstration thereof unto the aforesaid Narraâ—ion in the Articles following Touching the Divisions in our Church the Libeller affirmeth â—hat the Protestanticall Caluinism For so it pleaseth him with very good grace to term the Religion with us established is grown Contempâ—ible and Detected of Idolatry Heresie and many other superstitious Abuses by a Purified sort of Professors of the same Gospell And this Conâ—ention is yet grown to be more intricate by reason of a Third Kind of Gospellers called Brownists Who being directed
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
And that the Deans and Chapters were Councells about the Sees and Chairs of Bishops at the first And were unto them a Presbytery or Consistory And intermedled not onely in the Disposing of their Revenues and Endowments but much more in Iurisdiction Ecclesiasticall But it is probable that the Deans and Chapters stuck close to the Bishops in Matters of Profit and the World and would not loose their Hold But in Matters of Jurisdiction which they accounted but Trouble and Attendance they suffered the Bishops to encroach and usurp And so the one continueth and the other is lost And we see that the Bishop of Rome Fas enim ab Hoste doceri And no question in that Church the first Instituâ—ions were excellent performeth all Ecclesiasticall Iurisdiction as in Consistory And whereof consisteth tâ—is Consisâ—ory but of the Parish Priests of Rome which term themselves Cardinals à Cardinibus Mundi Because the Bishop pretendeth to be universall over the whole World And hereof again we see many shadowes yet remaining As that the Dean and Chapter pro formâ chooseth the Bishop which is the Highest Point of Iurisdiction And that the Bishop when he giveth Orders if there be any Ministers casually present calleth them to joyn with him in Imposition of Hands and some other Particulars And therefore it seemeth to me a Thing Reasonable and Religious and according to the first Institution that Bishops in the greatest Causes and those which require a Spirituall Discerning Namely in Ordaining Suspending or Depriving Ministers In Excommunication being restored to the true an proper Use As shall be afterwards touched In sentencing the Validity of Marriages and Legitimations In Iudging Causes Criminous as Symony Incest Blasphemy and the like Should not proceed sole and unassisted Which Point as I understand it is a Reformation that may be planted sine Strepiâ—u without any Perturbation at all And is a Matter which will give strength to the Bishops Countenance to the inferior Degrees of Pelates or Ministers And the better Issue or proceeding to those Causes thaâ— shall pâ—sâ—e And as I wish this strength given to the Bishops by Councell so it is not unworthy your Majesties Consideration whether you sâ—all not think fit to give strength to the generall Councell of your Clergy the Convocation House which was then restrained when the State of the Clergy was thought a Suspected Part to the Kingdome in Regard of their late Homage to the Bishop of Rome Which State now will give place to none in their Loyalty and Devotion to your Majesty For the Second Point which is the Deputation of their Authority I see no perfect and sure Ground for that neither Being somewhat different fâ—om the Examples and Rules of Government The Bishop exerciseth his Iurisdiction by his Chanceller and Commissary Officiall c. We see in all Lawes in the world Offices oâ— Confidence and skill cannot be put over nor exercised by Deputyâ— Except it be especially contained in the Originall Graunt And in that case it is dutifull And for Experience there was never any Chanceller of England made a Deputy There was never any Iudge in any Court made a Deputy The Bishop is a Iudge and of a high Nature whence commeth it that he should deputeâ— Considering that all Trust and Confidence as was said is personall and Inherent And cannot nor ought not be transposed Surely in this again Ab Initio non fuit sic But it is probable that Bishops when they gave themselves too much to the Glory of the World and became Grandees in Kingdomes and great Councellers to Princes then did they deleague their proper Iurisdictions as Things of too inferiour a Nature for their Greatnesse And then after the Similitude and Imitation of Kings and Counts Palatine they would have their Chancellers and Iudges But that Example of Kings and Potentates giveth no good Defence For the Reasons why Kings administer by their Iudges although themselves are Supream Iudges are two The one because the Offices of Kings are for the most part of Inheritance And it is a Rule in all Lawes that Offices of Inheritance are rather Matters that Ground in Interest then in Confidence For as much as they may fall upon Women upon Infants upon Lunaticks and Ideots persons incapable to Execute Iudicature in Person And therefore such Offices by all Lawes might ever be exercised and administred by Delegation The Second Reason is because of the Amplitude of their Jurisdictions Which is a great as either their Birth-right from their Ancestours or their Sword-right from God maketh it And therefore if Moses that was Governer over no great People and those collected together in a Camp And not scattred in Provinces and Cities Himself of an extraordinary Spirit Was neverthelesse not able to suffice and hold out in person to judge the People But did by the advise of Iethro approved from God substitute Elders and Iudges how much more other Kings and Princess There is a Third Reason likewise though not much to the present purpose And that is That Kings either in respect of the Common-wealth or of the Greatnesse of their own Patrimonies are usually Parties in Suites And then their Iudges stand indifferent between Them and the Subject But in the Case of Bishops none of these Reasons hold For first their Office is Elective and for Life and not Patrimoniall or Hereditary An Office meerly of Confidence Science and Qualification And for the Second Reason it is true that their Iurisdiction is Ample and Spacious And that their Time is to be divided between the Labours As well in the Word and Doctrine as in Government and Iurisdiction But yet I do not see supposing the Bishops Courts to be used incorruptly and without any indirect course held to multiply Causes for gain of Fees But that the Bishop might very well for Causes of Moment supply his Iudiciall Function in his own Person For we see before our Eyes that one Chanceller of England dispatcheth the Suites in Equity of the whole Kingdome which is not so much by reason of the Excellency of that Rare Honourable Person which now holdeth the place But it was ever so though more or lesse burdenous to the Suiter as the Chanceller was more or lesse able to give dispatch And if Hold be taken of that which was said before that the Bishops Labour in the Word must take up a principall Part of his Time so I may say again that Matters of State have ever taken up most of the Chancellers Time Having been for the most part Persons upon whom the Kings of this Realm have most relyed for Matters of Councell And therefore there is no Doubt but the Bishop whose Circuit is lesse ample and the Causes in Nature not so multiplying with the Help of References and Certificates to and from fit Persons for the better Ripening of Causes in their mean proceedings And such ordinary Helps incident to Iurisdiction May very well suffice his Office But yet there
must confesse let me speak it with Reverence that all the Parliaments since 27o. and 31o. of H. 8. who gave away Impropriations from the Church seem to me to stand in a sort obnoxious and obliged to God in Conscience to do somewhat for the Church To reduce the Patrimony thereof to a Competency For since they have debarred Christes Wife of a great part of her Dowry it were Reason they made her a competent Ioynture Next to say that Impropriations should be onely charged That carrieth neither Possibility nor Reason Not Possibility for the Reasons touched before Not Reason because if it be conceived that if any other Person be charged it should be a Re-charge or Double-charge in as much as he payeth Tithes already that is a Thing mistaken For it must be remembred that as the Realm gave Tithes to the Church So the Realm since again hath given Tithes away from the Church unto the King As they may give their 8th Sheaf or Ninth Sheaf And therefore the fiâ—st Gift being evacuated it cannot go in defeazance or discharge of that perpetuall Bond wherewith Men are bound to maintain Gods Ministers And so we see in Example that divers Godly and well Disposed People not Impropriatours are content to encrease their Preachers Livings which though in Law it be but a Benevolence yet before God it is a Conscience Further that Impropriations should not be somewhat more deeply charged then other Revenues of like value me thinks cannot well be denied Both in regard of the Ancient claim of the Church And the Intention of the first Giver And again because they have passed in valuation between Man and Man somewhat at the lesse rate in regard of the said pretence or Claim of the Church in Conscience before God But of this Point touching Church-Maintenance I do not think fit to enter into further Particularity but reserve the same to a fitter Time Thus have I in all Humblenesse and Sincerity of Heart to the best of my understanding given your Majesty Tribute of my Cares and Cogitations in this Holy Businesse So highly tending to Gods Glory your Majesties Honour and the Peace and Welfare of your States Insomuch as I am perswaded that the Papists themselves should not need so much the Severity of Penall Lawes if the Sword of the Spirit were better edged by strengthening the Authority and suppressing the Abuses in the Church To conclude renewing my most Humble Submission of all that I have said to your Majesties most High Wisdome And again most humbly craving pardon for any Errours committed in this Writing which the same weakness of Judgement that suffered me to commit them would not suffer me to discover them I end with my Devout and Fervent Prayer to God That as he hath made your Majesty the Corner-stone in joyning your two Kingâ—domes So you may be also as a Corner-stone to unite and knit together these Differences in the Church of God To whose Heavenly Grace and never erring Direction I commend your Majesties Sacred Person and all your Doings CERTAIN CONSIDERATIONS TOUCHING THE PLANTATION IN IRELAND PRESENTED TO His Maiesty 1606 IT seemeth God hath reserved to your Majesties Times two Works which amongst the Works of Kings have the supream Preheminence The Vnion and Plantation of Kingdoms For although it be a great Fortune for a King to deliver or recover his Kingdom from long continued Calamities yet in the Judgement of those that have distinguished of the Degrees of Soveraign Honour To be a Founder of Estates or Kingdoms excelleth all the rest For as in Arts and Sciences to be the first Inventer is more then to Illustrate or Amplifie And as in the Works of God the Creation is greater then the Preservation And as in the Works of Nature the Birth and Nativity is more then the Continuance So in Kingdoms the first Foundation or Plantation is of more Noble Dignity and Merit then all that followeth Of which Foundations there being but two Kinds The first that maketh One of More And the Second that maketh One of None The Latter resembling the Creation of the World which was De Nihilo ad Quid And the Former the Edification of the Church which was de Multiplici ad Simplex vel ad unum It hath pleased the Divine Providence in singular Favour to your Majesty to put both these Kinds of Foundations or Regenerations into your Hand The one in the Vnion of the Island of Britain The other in the Plantation of Great and Noble Parts of the Island of Ireland Which Enterprises being once happily accomplished Then that which was uttered by One of the Best Oratours in one of the Worst verses O fortunatam natam me Consule Romam May be far more truly and properly applied to your Majesties Act Natam te Rege Britanniam Natam Hiberniam For He spake unproperly of Deliverance and Preservation But in these Acts of yours it may be verified more naturally For indeed Vnions and Plantations are the very Nativities or Birth-Dayes of Kingdomes Wherein likewise your Majesty hath yet a Fortune extraordinary and Differing from former Examples in the same Kind For most Part of Vnions and Plantations of Kingdoms have been founded in the â—ffusion of Bloud But your Majesty shall build in Solo puro in Areâ purâ that shall need no Sacrifices Expiatory â—or Bloud And therefore no doubt under a Higher and more Assured Blessing Wherefore as I adventured when I was lesse known and lesse particularly bound to your Majesty then since by your undeserved Favour I have been to write somewhat touching the Vnion which your Majesty was pleased to accept And which since I have to my power seconded by my Travels Not onely in Discourse but in Action So I am thereby encouraged to do the like touching this Matter of Plantation Hoping that your Majesty will through the weakness of my Ability â—iscern the strength of my Affection And the Honest and fervent Desire I have to see your Majesties Person Name and Times Blessed and Exalted above those of your Royall Progenitours And I was the rather invited this to do by the Remembrance that when the Lord chief Iustice deceased Popham served in the place wherein I now serve And afterwards in the Atturneyâ—â— Place he laboured greatly in the last Project touching the Plantation of Munster Which neverthelesse as it seemeth hath given more light by the Errours thereof what to Avoyd Then by the Direction of the same what to Follow First therefore I will speak somewhat of the Excellency of the Work And then of the Means to compass and effect it For the Excellency of the Work I will divide it into four Noble and Worthy Consequences that will follow thereupon The First of the four is Honour whereof I have spoken enough already were it not that the Harp of Ireland puts me in mind of that Glorious Embleme or Allegory wherein the wisdome of Antiquity did figure and shadow out works of this Nature For
in our Eye yet the Body of the Kingdome is but thin sown with People And whosoever shall compare the Ruines and Decayes of ancient Towns in this Realm with the Erections and Augmentations of new cannot but judge that this Realm hath been far better peopled in foâ—mer times It may be in the Heptarchy or otherwise For generally the Rule holdeth The smaller State the greater Population proratâ— And whether this be true or no we need not seek further then to call to our remembrance how many of us serve here in this place â—or desolate and decayed Burroughs Again Mr. Speaker whosoever looketh into the Principles of Estate must hold it that it is the Mediterrane Countries and not the Mariâ—â—me which need to fear surcharge of People For all Sea â—rovinâ—es and specially Islands have another Element besides the Earth and Soil for their Sustentation For what an infinite Number of people are and may be sustained by Fishing Carriage by Sea and Merchandizing wherein I do again discover that we are not at all pinched by Multitude of People For if we were it were not possible that we should relinquish and resign such an infiâ—ite Benefit of Fishing to the Flemmings as it is well known we do And therefore I see that we have wastes by Sea as well as by Land which still is an infallible Argument that our Industry is not awaked to seek maintenance by any over great Press or charge of people And lâ—stly Mr. Speaker there was never any Kingdome in the Ages of tâ—e world had I think so fair and happy means to issue and discharge the Multitude of their People if it were too great as this Kingdome hath In regard of that desolate and wasted Kingdome of Ireland which being a Countrey blessed with almost all the Dowâ—ies of Nature As Rivers Havens Woods Quarries good Soyl and temperate Climate And now at last under his Majesty blessed also with obedience Doth as it were continually call unto us for our Colonies and Plantations And so I conclude my second Answer to this pâ—etended Inconvenience of surcharge of People Tâ—e Third Answer Mr. Speaker which â— give is this I demand what is the worst Effect which can follow of Surcharge of People Look into all Stories and you shall find it none other thâ—n some Honourable War for the Enlargement of their Bordeâ—s which find themselves pent upon Forrain parts Which Incoâ—venience in a valourous and Warlike Nation I know not whether I should term an Inconvenience or no For the saying is most true though in another Sense Omne solum Forti Patria It was spoken indeed of the patience of an exil'd Man But it is no less true of the valour of a Warlike Nation And certainly Mr. Speaker I hope I may speak it without offence That if we did hold our selves worthy whensoever just Cause should be given Either to recover our ancient Rights Or to revenge our late wrongs Or to attain the Honour of our Ancestors Or to enlarge the Patrimony of our Posterity We would never in this manner forget Considerations of Amplitude and Greatness and fall at variance about profit and Reckonings Fitter a great deal â—or private Persons then for Parliaments and Kingdoms And thus Mr. Speaker I leave this first objection to such Satisfaction as you have heard The second Objection is that the Fundamentall Laws of both these Kingdoms of England and Scotland are yet divers and severall Nay more that it is declared by the Instrument that they shall so continue And that there is no intent in his Majesty to make Innovation in them And therefore that it should not be seasonable to proceed to this Naturalization whereby to endowe them with our Rights and Priviledges except they should likewise receive and submit themselves to our Laws And this Objection likewise Mr. Speaker I allow to be a weighty Objection and worthy to be well answered and discussed The Answer which I shall offer is this It is true for mine own part Mr. Speaker that I wish the Scottish Nation governed by our Laws For I hold our Laws with some reducement worthy to govern if it were the world But this is that which I say and I desire therein your Attention That according to true reason of Estate Naturalization is in Order First and precedent to union of Laws In degree a less Matter then union of Laws And in Nature separable not inseparable from union of Laws For Naturalization doth but take out the Marks of a Forrainer But union of Laws makes them entirely as our selves Naturalization taketh away separation But union of Lawes doth take away Distinction Do we not see Mr. Speaker that in the Administation of the world under the great Monarch God himself that his Lawes are divers One Law in Spirits another in Bodies One Law in Regions celestiall another in Elementary And yet the Creatures are all one Mass and Lump without any vacuum or separation Do we not see likewise in the State of the Church that amongst People of all Languages and Linages there is one Communion of Saints And that we are all Fellow Citizens and naturalized of the Heavenly Hierusalem And yet nevertheless divers and severall Ecclesiasticall Lawes Policies and Hierarchies According to the Speech of that worthy Father In veste varietas sit scissurae non sit And therefore certainly Mr. Speaker the Bond of Law is the more speciall and private Bond And the Bond of Naturalization the more common and generall For the Lawes are rather Figura Reip then Forma And rather Bonds of Perfection then Bonds of Entirenesse And therefore we see in the Experience of our own Government that in the Kingdome of Ireland all our Statute-Lawes since Poynings Law are not in force And yet we deny them not the Benefit of Naturalization In Gersey Garnesey and the Isle of Man our Common-Lawes are not in force And yet they have the Benefit of Naturalization Neither need any Man doubt but that our Laws and Customes must in small time gather and win upon theirs For here 's the Seat of the Kingdome whence come the supreme Directions of Estate Here is the Kings Person and Example of which the Verse saith Regis ad exemplum totus componitur Orbis And therefore it is not possible Although not by solemne and formall Act of Estates yet by the secret Operation of no long time but they will come under the yoak of our Lawes And so Dulcis tractus pari jugo And this is the Answer I give to this second objection The third Objection is some Inequality in the Fortunes of these two Nations England and Scotland By the Commixture whereof there may ensue Advantage to them and Loss to us Wherein Mr. Speaker it is well that this Difference or Dispaparity conâ—isteth but in externall Goods of Fortune For indeed it must needs be confessed that for the Goods of the Mind and the Body they are Alteri Nos Other our selves For to do them but
right we know in their Capacity and understanding they are a people Ingenious In Labour Industrious In Courage Valiant In Body Hard Active and Comely More might be said but in commending them we do but in effect commend our selves For they are of one Piece and Continent with us And Truth is we are participant both of their Vertues and Vices For if they have been noted to be a people not so tractable in Gâ—vernment we cannot without flatteâ—ing our selves free our selves altogether from that Fault Being indeed a thing incident to all Martiall People As we see it evident by the Example of the Romans and others Even like unto Fierce Horses that though they be of better service then others yet are they harder to guid and to mannage But for this Objection Mr. Speaker I purpose to answer it Not by Authority of Scripture which saith Beatius est dare quam accipere But by an Authority framed and derived from the Judgement of our selves and our Ancestors in the same case as to this point For Mr. Speaker in all the Line of our Kings none useth to carry greater Commendation then his Majesties Noble Progenitour King Edward the First of that Name And amongst his other Commendations both of War and Pollicy none is more celebrated then his purpose and Enterprise for the Conquest of Scotland As not bending his Designes to glorious Acquests abroad but to solid strength at home which nevertheless if it had succeeded well could not but have brought in all those Inconveniences of the Commixture of a more Opulent Kingdome with a less that are now alledged For it is not the Yoke either of our Arms or of our Lawes that can alter the nature of the Climate or the Nature of the Soyl Neither is it the Manner of the Commixture that can alter the Matter of the Commixture And therefore Mr. Speaker if it were good for us then it is good for us now And not to be prised the less because we paid not so dear for it But a more full Answer to this Objection I refer over to that which will come after to be spoken touching Surety and Greatness The fourth Objection Mr. Speaker is not properly an Objection but rather a preoccupation of an Objection of the other side For it may be said and very materially whereabout do we contend The Benefit of Naturalization is by the Law in as many as have been or shall be born since his Majesties Comming to the Crown already setled and invested There is no more then but to bring the Ante-Nati into the Degree of the Post-Nati that Men grown that have well deserved may be in no worse case then children which have not deserved And Elder Brothers in no worse case then yonger Brothers So as we stand upon Quiddam not Quantum Being but a little difference of Time of one Generation from another To this Mr. Speaker it is said by some That the Law is not so but that the Post-Nati are Aliens as well as the rest A point that I mean not much to argue Both because it hath been well spoken to by the Gentleman that spake last before me And because I do desire in this Case and in this place to speak rather of Convenience then of Law Onely this will I say That that Opinion seems to me Contrary to reason of Law Contrary to form of pleading in Law And Contrary to Authority and Experience of Law For Reason of Law when I meditate of it Methinks the wisdom of the Common Laws of England well observed is Admirable in the Distribution of the Benefit and protection of the Laws According to the severall Conditions of Persons in an excellent Proportion The Degrees are four but bipartite Two of Aliens and Two of Subjects The first Degree is of an Alien born under a King or State that is an Enemy If such an one come into this Kingdom without safe Conduct it is at his perill The Law giveth him no protection neither for Body Lands nor Goods So as if he be slain there is no Remedy by any Appeal at the parties sute although his wife were an English Woman Marry at the Kings sute the Case may be otherwise in regard of the offence to the Peace The Second Degree is of an Alien that is born under the faith and Allegiance of a King or State that is a friend Unto such a Person the Law doth impart a greater Benefit and protection That is concerning things personall Transitory and Moveable As Goods and Chattels Contracts and the like But not concerning Freehold and Inheritance And the reason is because he may be an Enemy though he be not For the State under the Obeisance of which he is may enter intoy Quarrell and Hostility And therefore as the Law hath but a Transitory Assurance of him so it rewards him but with Transitory Benefits The third Degree is of a Subject who having been an Alien is by Charter made Denizen To such an one the Law doth impart yet a more ample Benefit For it gives him power to purchase Free-Hold and Inheritance to his Own use And likewise enables the Children born after his Denization to inherit But yet nevertheless he cannot make Title or convey Pedegree from any Ancestour Paramount For the Law thinks not good to make him in the same Degree with a Subject born Because he was once an Alien and so mought once have been an Enemy And Nemo subitò fingitur Mens Affections cannot be so setled by any Benefit as when from their Nativity they are inbred and inherent And the fourth Degree which is the perfect Degree is of such a Person that neither is Enemy nor can be Enemy in time to come Nor could have been Enemy at any time past And therefore the Law gives unto him the full Benefit of Naturalization Now Mr. Speaker if these be the true Steps and Paces of the Law no Man can deny but whosoever is born under the Kings Obedience never could in Aliquo puncto temporis be an Enemy A Rebell he mought be but no Enemy And therefore in Reason of Law is naturalized Nay contrary-wise he is bound Iure Nativitatis to defend this Kingdome of England against all Invaders or Rebels And therefore as he is obliged to the protection of Arms And that perpetually and universally so he is to have the perpetuall and universall Benefit and protection of Law which is Naturalization For Form of Pleading it is true that hath been said That if a Man would plead another to be an Alien He must not onely set forth negatively and privatively that he was born out of the Obedience of our Soveraign Lord the King But affirmatively under the Obedience of a forrain King or State in particular which never can be done in this case As for Authority I will not press it you know all what hath been published by the Kings Proclamation And for Experience of Law we see it in the Subjects of Ireland
and Constancy as it did strike the Minds of those that heaâ—d him more then any Argument had done And so Mr. Speaker against all these witty and subtile Arguments I say that I do believe and I would be sorry to be found a Prophet in it That except we proceed with this Naturalization Though not perhaps in his Majesties time who hath such Interest in both Nations yet in the time of his Descendants these Realms will be in continuall Danger to divide and break again Now if any Man be of that carelesse mind Maneat nostros ea Cura Nepotes Or of that hard Mind to leave things to be tried by the sharpest Sword sure I am he is not of Saint Pauls Opinion who affirmeth That whosoever useth not Fore-sight and Provision for his Family is worse then an unbeliever Much more if we shall not use fore-sight for these two Kingdoms that comprehend so many Families But leave things open to the perill of future Divisions And thus have I expressed unto you the Inconvenience which of all other sinketh deepest with me as the most weighty Neither do there want other Inconveniences Mr. Speaker the Efâ—ect and Influence whereof I fear will not be adjourned to so long a Dâ—y as this that I have spoken of For I leave it to your wisdom to consider whether you do not think in case by the deniall oâ— this Naturalization any Pike of Alienation or unkindness I do not say should be thought to be or noised to be between these two Nations whether it will not quicken and excite all the Envious and Malicious Humours wheresoever which are now covered against us either forraign or at home And so open the way to practises and other Engines and Machinations to the Disturbance of this State As for that other Inconvenience of his Majesties Engagement into this Action it is too binding and pressing to be spoken of And may do better a great deal in your Minds then in my Mouth Or in the mouth of any man else because as I say it doth press our Liberty too far And therefore Mr. Speaker I come now to the third generall part of my Division concerning the Benefits which we shall purchase by this knitting of the knot surer and streighter between these two Kingdoms by the Communicating of Naturalization The Benefits may appear to be two The one Surety the other Greatness Touching Surety Mr. Speaker it was well said by Titus Quiutius the Roman touching the state of Peloponnesus That the Tortois is safe within her shell Testudo intra Tegumen tuta est But if there be any Parts that lye open they endanger all the rest We know well that although the State at this time be in a happy peace Yet for the time past the more Ancient Enemy to this Kingdome hath been the French and the more late the Spaniard And both these had as it were their severall postern Gates whereby they mought have approach and Entrance to annoy us France had Scotland and Spain had Ireland For these were the two Accesses which did comfort and encourage both these Enemies to assail and trouble us We see that of Scoâ—land is cut off by the Vnion of both these Kingdoms If that it shall be now made constant and permanent That of Ireland is likewise cut off by the convenient situation of the North of Scotland toward the North of Ireland where the Sore was Which we see being suddainly closed hath continued closed by means of this Salveâ— So as now there are no Parts of this State exposed to Danger to be a Temptation to the Ambition of Forrainers but their approaches and Avenues are taken away For I do little doubt but those Forrainers which had so little successâ— when they had these advantages will have much lesse comfort now that they be taken from them And so much for Surety For Greatness Mr. Speaker I think a Man may speak it soberly and without Bravery That this Kingdom of England having Scotland united Ireland reduced the Sea Provinces of the Low-Countreys contracted and Shipping maintained Is one of the greatest Monarchies in Forces truly esteemed that hath been in the world For certainly the Kingdoms here on Earth have a Resemblance with the Kingdome of Heaven which our Saviour compareth not to any great Kernell or Nut but to a very Small Grain yet such an one as is apt to grow and spread And such do I take to be the Constitution of this Kingdome If indeed we shall refer our Counsels to Greatness and Power And not quench them too much with Consideration of Utility and Wealth For Mr. Speaker was it not think you a true Answer that Solon of Greece made to the Rich King Craesus of Lydia when hee shewed unto him a great Quantity of Gold that he had gathered together in Ostentation of his Greatness Might But Solon said to himâ— contrary to his Expectation Why Sir if another come that hath better Iron then you he will be Lord of all your Gold Neither is the Authority of Machiavell to be despised who scorneth the Proverb of estate taken first from a Speech of Muciauus That Moneys â—re the Sinews of War And saith There are no true Sinews of War but the very Sinews of the Arms of valiant Men. Nay more Mr. Speaker whosoever shall look into the Seminaries and Beginnings of the Monarchies of the world he shall find them founded in Poverty Persia a Country barren and poor in respect of the Medes whom they subdued Macedon a Kingdome ignoble and Mercenary untill the Time of Philip the Son of Amyntas Rome had poor and pastorall Beginnings The Turks a Band of Sarmatian Scythes that in a vagabond manner made Impression upon that part of Asia which is yet called Turcomania Out of which after much variety of Fortune sprung the Ottomon Family now the Terrour of the world So we know the Gothes Vandals Alanes Huns Lombards Normans and the rest of the Northern People in one Age of the World made their Descent or Expedition upon the Roman Empire And came not as Rovers to carry away prey and be gone again But planted themselves in a number of fruitfull and rich Provinces Where not onely their Generations but their Names remain till this Day witness Lombardy Catalonia A name compounded of Goth Alane Andaluzia A name corrupted from Vandelicia Hungary Normandy and others Nay the Fortune of the Swizzes of late years which are bred in a barren and Mountanous Countrey is not to be forgotten Who first ruined the Duke of Burgundy The same who had almost ruined the Kingdome of France what time after the Battail of Granson the Rich Jewell of Burgundy prized at many Thousands was sold for a few pence by a common Swizze That knew no more what a Jewell meant then did â—sops Cock And again the same Nation in revenge of a Scorn was the Ruin of the French Kings Affaires in Italy Lewes the 12th For that King when he
Time to be perfected both for the Compiling and for the Passing During all which time if this Mark of Strangers should be denied to be taken away I fear it may induce such a Habit of Strangeness as will rather be an Impediment then a preparation to further proceeding For he was a wise Man that said Opportuni Magnis Conatibus Transitus Rerum And in those Cases Non progredi est Regredi An like as in a pair of Tables you must put out the former writing before you can put in new And again that which you write in you write Letter by Letter But that which you put out you put out at once So we have now to deal with the Tables of Mens Hearts wherein it is in vain to think you can enter the willing Acceptance of our Laws and Customs except you first put sorth all Notes either of Hostility or Forrain Condition And these are to be put out simulet semel at once without Gradations whereas the other points are to be imprinted and engraven distinctly and by degrees Thirdly whereas it is conceived by some that the Communication of our Benefits and priviledges is a good Hold that we have over them to draw them to submit themselves to our Laws It is an Argument of some probability but yet to be answered many wayes For first the Intent is mistaken Which is not as I conceive it to draw them wholy to a Subjection to our Lawâ— But to draw both Nations to one uniformity of Law Again to think that there should be a kind of Articulate and Indented Contract That they should receive our Laws to obtain our priviledges it is a Matter in reason of Estate not to be expected Being that which scarcely a private Man will acknowledge if it come to that whereof Seneca speaketh Beneficium accipere est Libertatem vendere No but Courses of Estate do describe and delineate another way Which is to win them either by Benefit or Custome For we see in all Creatures that Men do Feed them first and Reclaim them after And so in the first Institution of Kingdomes Kings did first win People by many Benefits and Protections before they prest any Yoke And for Customeâ— which the Poets call Imponere Morem Who doubts but that the Seat of the Kingdome and the Example of the King resting here with us our Manners will quickly be there to make all things ready for our Laws And lastly the Naturalization which is now propounded is qualified with such Restrictions as there will be enough kept back to be used at all times for an Adamant of drawing them further on to our Desires And therefore to conclude I hold this Motion of Vnion of Laws very worthy and arising from veâ—y good Minds but not proper for this Time To come therefore to that which is now in Question It is no more but whither there should be a Difference made in this priviledge of Naturalization between the Ante-Nati and the Post-Nati Not in point of Law for that will otherwise be decided but onely in point of Convenience As if a Law were now to be made de novo In which Question I will at this time onely answer two Objections And use two Arguments and so leave it to your Judgement The first Objection hath been That if a Difference should be it ought to be in favour of the Ante-Nati Because they are Persons of Merit Service and Proof whereas the Post-Nati are Infants That as the Scripture saith know not the Right Hand from the Left This were good Reason Mr. Speaker if the Question were of Naturalizing some particular Persons by a private Bill But it hath no proportion with the generall Case For now we are not to look to respects that are proper to some but to those which are common to allâ— Now then how can it be imagined but that those that took their first Breath since this happy Vnion inherent in his Majesties Person must be more assured and affectionate to this Kingdome then those generally can be presumed to be which were sometimes Strangers For Nemo subitò fingitur The Conversions of Minds are not so swift as the Conversions of Times Nay in Effects of Grace which exceed far the Effects of Nature we see Saint Paul makes a difference between those he calls Neophites That is newly grafted into Christianity And those that are brought up in the Faith And so we see by the Lawes of the Church that the Children of Christians shall be Baptized in regard of the Faith of their Parents But the Child of an Eâ—hnick may not receive Baptism till he be able to make an understanding Profession of his Faith Another Objection hath been made That we ought to be more provident and reserved to restrain the Post-Nati then the Ante-Nati Because during his Majesties time being a Prince of so approved Wisdome and Iudgement we need no better Caution then the Confidence we may repose in Him But in the Futuâ—e Reigns of succeeding Ages our Caution must be in Re and not in Personâ But Mr. Speaker to this I answer That as we cannot expect a Prince hereafter less like to erre in respect of his Judgement so again we cannot expect a Prince so like to exceed if I may so term it in this point of Beneficence to that Nation in respect of the Occasion For whereas all Princes and all Men are won either by Merit or Conversation there is no Appearance that any of his Majesties Descendants can have either of these Causes of Bounty towards that Nation in so ample Degree as his Majesty hath And these be the two Objections which seemed to me most Materiall why the Post-Nati should be left free and not be concluded in the same Restrictions with the Ante-Nati whereunto you have heard the Answers The two Reasons which I will use on the other side are briefly these The one being a Reason of Common Sense The other a Reason of Estate We see Mr. Speaker the Time of the Nativity is in most Cases principally regarded In Nature the Time of planting and setting is chiefly observed And we see the Astrologers pretend to judge of the Fortune of the Party by the Time of the Nativity In Lawes we may not unfitly apply the Case of Legitimation to the Case of Naturalization For it is true that the Common Canon Law doth put the Ante-Natus and the Post-Natus in one Degree But when it was moved to the Parliament of England Barones unâ voce responderunt Nolumus Leges Angliae mutare And though it must be confessed that the Ante-Nati and Post-Nati are in the same Degree in Dignities yet were they never so in Abilities For no Man doubts but the Son of an Earl or Baron before his Creation or Call shall inherite the Dignity as well as the Son born after But the Son of an Attainted Person born before the Attainder shall not inherit as the After born shall notwithstanding Charter of Pardon
The Reason of Estate is That any Restriction of the Ante-Nati is Temporary And expireth with this Generation But if you you make it in the Post-Nati also you do but in substance pen a perpetuity of Separation Mr. Speaker in this point I have been short because I little expected this Doubt as to point of Convenience And therefore will not much labour where I suppose there is no greater Opposition A Report made by Sir Francis Bacon Knight in the House of Commons of a Speech delivered by the Earl of Salisbury And another Speech delivered by the Earl of Northampton at a Conference concerning the Petition of the Merchauts upon the Spanish griâ—vances Parliament 5o. Jacobi ANd it please you Mr. Speaker I do not find my self any wayes bound to report that which passed at the last conference touching the Spanish Grievances Having been neither employed to speak nor appointed to Report in that Cause But because it is put upon me by a silent Expectation grounded upon nothing that I know more then that I was observed diligently to take notes I am content if that Provision which I made for mine own Remembrance may serve this House for a Report not to deny you that Sheafe that I have in hast bound up It is true that one of his Majesties Principall Counsellours in Causes of Estate did use a Speach that contained a World of Matter But how I shall be able to make a Globe of that World therein I fear mine own strength His Lordship took the occasion of this which I shall now report upon the Answer which was by us made to the Amendments propounded upon the Bill of Hostile Lawes Quitting that Business with these few words That he would discharge our Expectation of Reply because their Lordships had no Warrant to Dispute Then continuing his Speach he fell into this other Cause and said That being now to make Answer to a proposition of ours as we had done to one of theirs he wished it could be passed over with like Brevity But he did foresee his way that it would prove not onely long but likewise hard to find and hard to keep This Cause being so to be carried as above all no wrong be done to the Kings Soveraignty and Authority And in second place no Misunderstanding do ensue between the two Houses And therefore that he hoped his words should receive a benign Interpretation Knowing well that pursuit and Drift of Speech and multitude of Matter might breed words to pass from him beyond the Compass of his Intention And therfore he placed more Assurance and Caution in the Innocency of his own meaning and in the Experience of his Favours then in any his Wariness or Watchfulness over his own Speech This respective preface used his Lordship descended to the Matter it self which he divided into three Considerations For he said he would consider of the Petition First as it proceeded from the Merchants Secondly as from them it was offered to the Lower House And thirdly as from the Lower House it was recommended to the Higher House In the First of these Conâ—iderations there fell out naturally a Subdivision into the Persons of the Petitioners And the Matter and Parts of the Petition In the Persons of the Merchants his Lordship made as I have collected them in number eight Observations whereof the three first respected the Generall Condition of Merchants And the five following were applyed to the particular Circumstances of the Merchants now complaining His Lordships first generall Observation was That Merchants were of two sorts The one sought their Fortunes as the verse saith per Saxa per Ignes And as it is said in the same place Extremos currit Mercator ad Indos Subjecting themselves to Wether and Tempest To Absence and as it were Exile out of their Native Countreys To Arrests in Entrances of War To Forrain Injustice and Rigour in times of Peace And many other Sufferances and Adventures But that there were others that took a more safe but a less generous Course in raising their Fortunes He taxed none but did attribute much more respect to the former The second Generall Observation which his Lordship made was That the Complaints of Merchants were usually â—ubject to much Errour In regard that they spake for the most part but upon Information And that carried through many Hands And of Matters done in Remote parts So as a false or factious Factour mought oftentimes make great Tragedies upon no great Ground Whereof towards the End of his Speech he brought an Instance of one trading the Levant That complained of an Arrest of his Ship And possessed the Counsell-Table with the same Complaint in a vehement and bitter fashion Desiring and pressing some present and Expostulatory Letters touching the same Whereupon some Counsellours well acquainted with the like Heates and Forwardness in Complaints happened to say to him Out of Conjecture and not out of any Intelligence What will you say if your Ship which you complain to be under Arrest be now under Sail in way homewards Which fell out accordingly The same Person confessing six dayes after to the Lords that she was indeed in her way homewards The third generall Observation which his Lordship made was this in Effect That although he granted that the Wealth and Welfare of the Merchant was not without a Sympathy with the generall Stock and State of a Nation especially an Island yet nevertheless it was a Thing too familiar with the Merchant to make the Case of his Particular Profit the publick Case of the Kingdom There follow the particular Observations which have a reference and application to the Merchants that trade to Spain and the Levant Wherein his Lordship did first honourably and tenderly acknowledge that their Grievances were great That they did multiply And that they do deserve compassion and help But yetâ— nevertheless that he must use that loving plainness to them as to tell them that in many things they were Authors of their own Miseries For since the Dissolving of the Company which was termed the Monopoly And was set free by the speciall Instance of this House There hath followed such a Confusion and Relaxation in Order and Government amongst them As they do not onely incur many Inconveniences And commit many Errours But in the pursuites of their own Remedies and suites they do it so impolitiquely and after such a Fashion As Except Legier Embassadours which are the Eyes of Kings in forrain Parts should leave their Centinell and become Merchants Factours and Sollicitours their Causes can hardly prosper And which is more such is now the Confusion in the Trade As Shop Keepers and Handy-Crafts-Men become Merchants there Who being bound to no Orders seek base means by Gifts and Bribery to procure favours at the Hands of Officers there So as the honest Merchant that trades like a substantiall Merchant And loves not to take Servile Courses to buy the Right due to him by the Amity oâ— the
new Pair of Cards then play upon these if they be packt And then for the People It is my manner ever to look as well beyond a Parliament as upon a Parliament And if they abroad shall think themselves betrayed by those that are their Deputies and Atturnies here it is true we may bind them and conclude them But it will be with such Murmur and Insatisfactionâ— as I would be loath to see These Things mought be dissembled And so things left to bleed inwards But that is not the way to cure them And therefore I have searched the Soare in hope that you will endeavour the Medecine But this to do more throughly I must proceed to my Second Part To tell you cleerely and distinctly what is to be set on the Right hand and what on the left in this business First if any Man hath doâ— good Offices to advise the King to call a Parliament And to increase the good Affection and Confidence of his Majestie towards his People I say that such a Person doth rather Merit well then commit any Errour Nay further if any Man hath out of his own good mind given an opinion touching the Minds of the Parliament in generall How it is probable they are like to be found And that they will have a due feeling of the Kings wants And will not deal drily or illiberally with him This Man that doth but think of other Mens minds as he finds his own is not to be blamed Nay furâ—her if any Man hath coupled this with good wishes and Propositions That the King do comfort the Hearts of his People and testifie his own love to them by filing off the harshness of his Prerogative Retaining the substance and strength And to that purpose like the good Housholder in the Scripture That brought forth old store and new hath revolved the Petitions and Propositions of the last Parliament and added new I say this Man hath sown good seed And he that shall draw him into Envy for it sowes Tares Thus much of the Right hand But on the other side if any shall mediatly or immediatly infuse into his Majesty or to others That the Parliament is as Cato said of the Romans like Sheep That a Man were better drive a Flock of them then one of them And however they may be wise Men severally yet in this Assembly they are guided by some few which if they be made and assured the rest will easily follow This is a plain Robbery of the King of Honour and his Subjects of Thanks And it is to make the Parliament vile and servile in the eyes of their Soveraign And I count it no better than a supplanting of the King and Kingdom Again if a Man shall make this Impression that it shall be enough for the King to send us some things of shew that may serve for colours And let some Eloquent Tales be told of them And that will serve Ad faciendum populum any such Person will find that this House can well skill of false Lights And that it is no wooing Tokens but the true Love already planted in the Breast of the Subjects that will make them do for the King And this is my Opinion touching those that may have perswaded a Parliament Take it on the other side for I mean in all things to deale plainly If any Man hath been diffident touching the Call of a Parliament Thinking that the best Meanes were first for the King to make his utmost tryall to subsist of himself and his own Meanes I say an Honest and Faithfull Heart mought consent to that Opinion And the event it seems doth not greatly discredit it hitherto Again if any Man shall have been of Opinion that it is not a particular Party that can bind the House Nor that it is not Shews or Colours can please the House I say that Man though his speech tend to discouragement yet it is coupled with Providence But by your leave if any Man since the Parliamâ—nt was called or when it was in speech shall have laid Plots to crosse the good will of the Parliament to the King By possessing them that a few shall have the thanks And that they are as it were Bought and Sold and betrayed And that that which the King offers them are but Baites prepared by particular persons Or have raised rumours that it is a packt Parliament To the end nothing may be done But that the Parliament may be dissolved as Gamesters use to call for new Cards when they mistrust a Pack I say These are Engins and Devises Naught Maligne and Seditious Now for the Remedy I shall rather break the Matter as I said in the Beginning then advise positively I know but three wayes Some Message of Declaration to the King Some Entry or protestation amongst our selves Or some strict and punctuall Examination As for the last of these I assure you I am not against it if I could tell where to begin or where to end For certainly I have often seen it that Things when they are in smother trouble more then when they break out Smoak blinds the Eyes but when it blazeth forth into Flame it gives light to the Eyes But then if you fall to an Examination some Person must be charged some Matter must be charged And the Manner of that Matter must be likewise charged For it may be in a Good Fashion and it may be in a Bad In as much difference as between Black and White And then how far Men will ingenuously confess How far they will politickly deny And what we can Make and gather upon their Confession And how we shall prove against their Deniall It is an endless peece of Work And I doubt that we shall grow weary of it For a Message to the King It is the Course I like best so it be carefully and considerately handled For if we shall represent to the King the Nature of this Body as it is Without the vayles or shadows that have been cast upon it I think we shall do him Honour and our selves Right For any Thing that is to be done amongst our selves I do not see much gained by it Because it goes no further then our selves Yet if any thing can be wisely conceived to that end I shall not be against it But I think the purpose of it is fittest to be Rather that the House conceives that all this is but a Mis-understanding Then to take knowledge that there is indeed a Just Ground And then to seek by a Protestation to give it a Remedy For Protestations and Professions and Apologies I never found them very Fortunate But they rather encrease suspicion then clear it Why then the Last Part is that these things be handled at the Committee seriously and temperately Wherein I wish that these four Degrees of Questions were handled in order First whether we shall do any thing at all in it Or passe by it and let it sleep Secondly whether we shall enter into
a particular Examination of it Thirdly whether we shall content our selves with some Entry or Protestation amongst our selves And Fourthly whether we shall proceed to a Message to the King And what Thus I have told you mine Opinion I know it had been more safe and politick to have been silent But it is perhaps more honest and lovingâ— to speak The old Verse is Nam nulli tacuisse nocet nocet esse locutum But by your leave David saiâ—h Silui à bonis Dolor meus renovatus est When a Man speaketh He may be wounded by Others but if He holds his peace from Good Things he wounds Himself So I have done my part and leave it to you to do that which you shall judge to be the best The Charge of Sir Francis Bacon Knight his Majesties Atturney Generall against William Talbot a Counsellor at Law of Ireland upon an Information in the Star-Chamber Ore tenus For a writing under his Hand whereby the said William Talbot being demanded whether the Doctrine of Suarez touching Deposing and Killing of Kings Excommunicated were true or no He answered that he referred himself unto that which the Catholick Roman Church should determine thereof Ultimo die Termini Hilarij undecimo Iacobi Regis My Lords I Brought before you the first sitting of this Term the Cause of Duels But now this last sitting I shall bring before you a Cause concerning the greatest Duell which is in the Christian World The Duels and Conflicts between the lawfull Authority of Soveraign Kings which is Gods Ordinance for the comfort of Humane Society And the swelling pride and usurpation of the See of Rome in Temporalibus Tending altogether to Anarchy and Confusion Wherein if this pretence by the Pope of Rome by Cartels to make Soveraign Princes as the Banditi And to proscribe their Lives and to expose their Kingdomes to prey If these pretences I say and all Persons that submit themselves to that part of the Popes Power be not by all possible Severity repressed and punished The State of Christian Kings will be no other then the ancient Torment described by the Poets in the Hell of the Heathen A man sitting richly roabed solemnly attended delicious fare c. With a Sword hanging over his Head hanging by a small thread ready every moment to be cut down by an accursing and accursed hand Surely I had thought they had been the Prerogatives of God alone and of his secret Judgements Solvam Cingula Regum I will loosen the Girdles of Kings Or again He powreth contempt upon Princes Or I will give a King in my wrath and take him away again in my displeasure And the like but if these be the Claims of a Mortall Man certainly they are but the Mysteries of that Person which exalts himself above all that is called God Supra omne quod dicitur Deus Note it well Not above God though that in a sense be true in respect of the Authority they claim over the Scriptures But Above all that is called God That is Lawfull Kings and Magistrates But my Lords in this uel I find this Talbot that is now before you but a Coward For he hath given ground He hath gone backward and forward But in such a fashion and with such Interchange of Repenting and Relapsing as I cannot tell whether it doth extenuate or aggravate his Offence If he shall more publikely in the face of the Court fall and settle upon a right mind I shall be glad of it And he that would be against the Kings Mercy I would he might need the Kings Mercy But neverthelesse the Court will proceed by Rules of Justice The Offence wherewith I charge this Talbot Prisoner at the Bar is this in brief and in Effect That he hath maintained and maintaineth under his hand a power in the Pope for the Deposing and Murthering of Kings In what sort he doth this when I come to the proper and particular charge I will deliver it in his own words without Pressing or Straining Buâ— before I come to the particular charge of this Man I cannot proceed so coldly but I must expresse unto your Lordships the extreme and imminent Danger wherein our Dear and Dread Soveraign is And in him we all Nay and wherein all Princes of both Religions For it is a common Cause do stand at this day By the spreading and Enforcing of this furious and pernicious Opinion of the Popes Temporall Power which though the modest Sort would blanch with the Distinction of In ordine ad Spiritualia yet that is but an Elusion For he that maketh the Distinction will also make the Case This perill though it be in it self notorious yet because there is a kind of Dulness and almost a Lethargy in this Age Give me leave to set before you two Glasses Such as certainly the like never met in one Age The Glasses of France and the Glasse of England In that of France the Tragedies acted and executed in two Immediate Kings In the Glasse of England the same or more horrible attempted likewise in a Queen and King immediate But ending in a happy Deliverance In France H. 3. in the face of his Army before the walls of Paris stabbed by a wretched Iacobine Fryer H. 4. a Prince that the French do surname the Great One that had been a Saviour and Redeemer of his Country from infinite Calamities And a Restorer of that Monarchy to the ancient State and Splendour And a Prince almost Heroicall except it be in the Point of Revolt from Religion At a time when he was as it were to mount on Horse-back for the Commanding of the greatest Forces that of long time had been levied in France This King likewise stilletted by a Rascal votary which had been enchanted and conjured for the purpose In England Queen Elizabeth of blessed memory A Queen comparable and to be rankt with the greatest Kings Oftentimes attempted by like votaries Sommervile Parry Savage and others But still protected by the Watch-man that Slumbreth not Again our excellent Soveraign King Iames The Sweetness and Clemency of whose nature were enough to quench and mortifie all Malignity And a King shielded and supported by Posterity Yet this King in the Chair of Majesty his Vine and Olive Branches about him Attended by his Nobles and Third Estate in Parliament Ready in the Twinckling of an Eye As if it had been a particular Doomesday To have been brought to Ashes dispersed to the four Winds I noted the last day my Lord Chief Iustice when he spake of this Powder Treason he laboured for words Though they came from him with great Efficacy yet he truly confessed and so must all Men That that Treason is above the Charge and Report of any Words whatsoever Now my Lords I cannot let passe but in these Glasses which I spake of besides the Facts themselves and Danger to shew you two Things The one the Wayes of God Almighty which turneth the Sword of Rome
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
as Men misled are to be pittied For the First if a Man doth visit the foul and polluted Opinions Customesâ— or Practices of Heathenism Mahometism and Heresie he shall find they do not attain to this Height Take the Examples of damnable Memory amongst the Heathen The Proscriptions in Rome of Sylla And afterwards of the Triumvirs what were they They were but of a finite Number of Persons and those not many that were exposed unto any Mans Sword But what is that to the proscribing of a King and all that shall take his Part And what was the Reward of a Souldier that amongst them killed one of the proscribed A small piece of Money But what is now the reward of one that shall kill a King The Kingdom of Heaven The Custome among the Heathen that was most scandalized was that sometimes the Priest sacrificed Men But yet you sâ—all not read of any Priesthood that sacrificed Kings The Mahometâ—ns make it a part of their Religion to propagate their Sect by the Sword But yet still by Honourable Wars never by Villanies and secret Murthers Nâ—y I find that the Saracen Prinâ—e of whom the Name of the â—ssassins is derived which had divers Votaâ—ies at Commandement which he sent and imployed to the Killing of divers Princes in the East By one of whom Amurath the First was slain And Edward the First of England was wounâ—ed was put down and rooted out by common Consentâ— of the Mahometan Princes The Anabaptists it is true come nearest For they professe the pulling down of Magistrates And they can chaunt the Psalm To bind their Kings in Chaines and their Nobles in fetters of Iron This is the Glory of the Saints mâ—ch like the Temporall Authority that the Pope Challengeth over Princes But this is the difference That that is a Furious and Fanaticall Fury And this is a sad and solemn Mischief He imagineth Mischief as a Law A Law-like Mischief As for the Defence which they do make it doth aggravate the sin And turneth it from a Cruelty towards Man to a Blaâ—phemy towards God For to say that all this is in ordine ad spirituale And to a good End And for the salvation of Soules It is directly to make God Author of Evill And to draw him into the likenesse of the Prince of Darknesse And to say with thoseâ— that Saint Paul speaketh of Let us do Evill that good may come thereof Of whom the Apostle saith dâ—finitively That their damnatioâ— is Iust. For the Destroying of Government universally it is most evident That it is not the Case of Protestant Princes onely But of Catholick Princes likewise As the King hath excellently set forth Nay it is not the Case of Princes onely but of all Subjects and private Persons For touching Princes let History be perused what hath been the Causes of Excommunication And namely this Tumour of it the Deposing of Kings It hath not been for Heresie and Schism alone but for Collation and Investitures of Bishopricks and Benefiâ—es Intruding upon Ecclesiasticall Possessions violating of any Ecclesiasticall Person or Liberty Nay generally they maintain it that it may be for any sin So that the Difference wherein their Doctors vary That some hold That the Pope hath his Temporall power immediatly And others but in ordine ad spiritude is but a Delusion and an Abuse For all commeth to one What is there that may not be made spirituall by Consequence specially when He that giveth the Sentence may make the Case And accordingly hath the miserable Experience followed For this Murthering of Kings hath been put in practise as well against Papist Kings as Protestants Save that it hath pleased God so to guide it by his admirable providence As the Attempts upon Papist Princes have been executed And the Attempts upon Protestant Princes have failed Except that of the Prince Aurange And not that neither untill such time as he had joyned too fast with the Duke of Anjou and the Papists The rest is wanting The Charge of Sir Francis Bacon the Kings Atturney Generall against M. L. S. W. and H. I. for Scandall and Traducing of the Kings Justice in the proceedings against Weston In the Star-Chamber 10. Novemb. 1615. THe Offence wherewith I shall charge the three Offenders at the Bar is a Misdemeanour of a High Nature Tending to the Defacing and Scandall of Iustice in a great Cause Capitall The particular Charge is this The King amongst many his Princely vertues is known to excell in that proper vertue of the Imperiall Throne which is Iustice. It is a Royall Vertue which doth employ the other three Cardinall Vertues in her Service Wisdome to discover and discern Nocent or Innocent Fortitude to prosecute and execute Temperance so to carry Iustice as it be not passionate in the pursuit nor confused in involving persons upon light suspicion Nor precipitate in time For this his Majesties Vertue of Iustice God hath of late raised an occasion and erected as it were a Stage or Theater much to his Honour for him to shew it and act it in the pursuit of the untimely Death of Sir Thomas Overbury And therein cleansing the Land from Bloud For my Lords if Bloud spilt Pure doth cry to Heaven in Gods Eares much more Bloud defiled with Poyson This Great Work of his Majesties Iustice the more excellent it is your Lordships will soon conclude the greater is the Offence of any that have sought to Affront it or Traduce it And therefore before I descend unto the Charge of these Offenders I will set before your Lordships the weight of that which they have sought to impeach Speaking somewhat of the generall Crime of Impoysonment And then of the particular Circumstances of this Fact upon Overbury And thirdly and chiefly of the Kings great and worthy Care and Carriage in this Business This Offence of Impoysonment is most truly figured in that Devise or Description which was made of the Nature of one of the Roman Tyrants That he was Lutum Sanguine maceratum Mire mingled or cymented with Bloud For as it is one of the highest Offencesâ— in Guiltiness So it is the Basest of all others in the Mind of the Offenders Treasons Magnum aliquid spectant They aym at great thingâ—â— But this is vile and base I tell your Lordships what I have noted That in all Gods Book both of the Old and New Testament I find Examples of all other Offences and Offendours in the world but not any one of an Impoyâ—onment or an Impoysoner I find mention of Fear of casuall Impoysonment when the Wild Vine was shred into the Pot they came complaining in a fearfull manner Maister Mors in ollâ And I find mention of Poysons of Beasts and Serpents The Poyson of Aspes is under their Lips But I find no Example in the Book of God of Impoysonment I have sometime thought of the Words in the Psalm Let their Table be made a Snare Which certainly is most True of Impoysonment For
the Table the Daily Bread for which we pray is turned to a deadly Snare But I think rather that that was meant of the Treachery of Friends that were participant of the same Table But let us go on It is an Offence my Lords that hath the two Spurs of Offending Spes Perficiendi and Spes Celandi It is easily committed and easily concealed It is an Offence that is Tanquam Sagitta nocte volans It is the Arrow that flies by Night It discerns not whom it hits For many times the Poyson is laid for one and the other takes it As in Sanders Case where the Poysoned Apple was laid for the Mother and was taken up by the Child and killed the Child And so in that notorious case whereupon the Statute of 22º H. 8 Cap. 9º was made where the Intent being to poyson but one or two Poyson was put into a little Veâ—sell of Barm that stood in the Kitchin of the Bishop of Rochesters House Of which Barm Pottage or Gruell was made wherewith 17 of the Bishops Family were Poysoned Nay Divers of the Poor that came to the Bishops Gate and had the broken Pottage in Alms were likewise Poysoned And therefore if any Man will comfort himself or think with himself Here is great Talk of Impoysonment I hope I am safe For I have no Enemies Nor I have nothing that any Body should long for why that is all one For he may sit at Table by one for whom Poyson is prepared and have a Drench of his Cup or of his Pottage And so as the Poet saith Concidit infelix alieno vulnere He may die another Mans Death And therefore it was most gravely and judiciously and properly provided by that Statute That Impoysonment should be High Treason Because whatsoever Offence tendeth to the utter Subversion and Dissolution of Human Society is in the nature of High Treason Lastly it is an Offence that I may truly say of it Non est nostri Generis nec Sanguinis It is Thanks be to God rare in the Isle of Brittanny It is neither of our Country nor of our Church you may find it in Rome or Italy There is a Region or perhaps a Religion for it And if it should come amongst us certainly it were better living in a Wildernesse than in a Court. For the particular Fact upon Overburyâ— First for the Person of Sir Thomas Overbury I knew the Gentleman It is true his Mind was great but it moved not in any good Order yet certainly it did commonly fly at good Things And the greatest Fault that I ever heard by him was that he made his Friend his Idoll But I leave him as Sir Thomas Overbury But then take hiâ— as he was the Kings Prisoner in the Tower And then see how the Case stands In that place the State is as it were Respondent to make good the Body of a Prisoner And if any thing happen to him there it may though not in this Case yet in some others make an Aspersion and a Reflexion upon the State it self For the Person is utterly out of his own Defence His own Care and Providence can serve him nothing He is in Custody and Preservation of Law And we have a Maxime in our Law as my Lords the Iudges know that when a State is in preservation of Law nothing can destroy it or hurt it And God forbid but the like should be for the Persons of those that are in Custody of Law And therefore this was a Circumstance of great Aggravation Lastly to have a Man chaced to Death in such manner as it appears now by Matter of Record For other Privacy of the Cause I know not By Poyson after Poyson first Roseaker then Arsenick then Mercury Sublimate then Sublimate again It is a Thing would astonish Mans Nature to hear it The Poets faign that the Furies had whips and that they were corded with Poysonous Snakes And a Man would think that this were the very Case To have a Man tied to a Poast and to scourge him to Death with Snakes For so may truly be termed Diversity of â—oysons Now I will come unto that which is the Principall That is his Majesties Princely yea and as I may truly term it Sacred proceeding in this Cause Wherein I will first Speak of the Temper of his Iustice and then of the Strength thereof First it pleased my Lord Chief Iustice to let me know That which I heard with great Comfort Which was the Charge â—hat his Majesty gave to Himself first And afterwards to the Commissioners in this Case worthy certainly to be written in Letters of Gold wherein his Majesty did fore-rank and make it his prime Direction that it should be carried without touch to any that was innocent Nay more not onely without Impeachment but without Aspersion which was a most Noble and Princely Caution from his Majesty For Mens Reputations are tender Things And ought to be like Christs Coat without Seam And it was the more to be respected in this Case because it met with two great Persons A Noble Man that his Majesty had favoured and advanced And his Lady being of a Great and Honourable House Though I think it be true that the Writers say that there is no Pomgranate so fair or so sound but may have a perished Kernell Nay I see plainly that in those excelâ—lent Papers of his Majesties own Hand writing Being as so many Beams of Iustice issuing from that Vertue which doth shine in him I say I see it was so evenly carried without prejudiceâ— whither it were a true Accusation of the one part or a Practise of a false Accusation on the other As shewed plainly that his Majesties Judgement was tanquam Tabula Rasa as a clean pair of Tables And his Ear tanquam Ianua aperta As a Gate not side open but wide open to Truth as it should be by little and little discovered Nay I see plainly that at the first till further Light did break forth his Majesty was little moved with the First Tale which he vouchsafeth not so much as the Name of a Tale But calleth it a Rumour which is an Headless Tale. As for the Strength or Resolution of his Majesties Iustice I must tell your Lordships plainly I do not marvell to see Kings thunder out Iustice in Cases of Treason when they are touched Themselves And that they are Vindices Doloris Proprij But that a King should pro Amore Iustitiae onely Contrary to the Tide of his own Affection for the preservation of his People take such Careâ— of a Cause of Iustice That is rare and worthy to be celebrated far and nearâ— For I think I may truly affirm that there was never in this Kingdome nor in any other Kingdome the Bloud of a private Gentleman vindicated Cum tanto Moâ—u Regni or to say better Cum tanto Plausu Regni If it had concerned the King or Prince there could not have been Greater nor
makes 60 80 100. Ordâ—rs in a Cause too and fro begetting one another and like Penelopes Web doing and undoing But I mean not to purchase the Praise of Expeditive in that kind But as one that have a Feeling of my Duty and of the Case of others my Endeavour shall be to hear patiently And to cast my Order into such a mould as may soonest bring the Subject to the End of his Iourney As for such Delayes as may concern Oâ—hers the great Abuse is that if the Plaintiffe have got an Injunction to stay sutes at Common Law then he will Spin on his Cause at length But by the grace of God I will make Injunctions an hard Pillow to sleep on For if I find that he prosecutes not with effect he may hap when he is awake find not onely his Injunction dissolved but his Cause dismissed There be other particular Orders I mean to take for Non Prosecution or faint Prosecution wherewith I will not trouble you now Because Summa sequar Fastigia Rerum And so much for Mattâ—r of Expedition Now for the fouth and last Point of the Kingâ— Commandement For the cutting off of unnecessary charge of the Subject A great part of it is fulfilled in the precedent Article touching Expedition For it is the Length of Suits that doth multiply Charge chiefly But yet there are some other Remedies that conduce thereunto First therefore I shall maintain strictly and with Severity the Former Orders which I find made by my Lord Chanceller for the immoderate and needles prolixity and length of Bills and Answers and so forth As well in punishing the party as fining the Counsell whose hand I shall find at such Bills Answers c. Secondly for all the Examinations taken in the Court I do give charge unto the Examiners upon perill of their places that they do not use idle Repetitions or needless Circumstances in setting down the Depositions taken by them And I would I could help it likewise in Commissions in the Countrey But that is almost unpossible Thirdly I shall take a diligent Survey of the Ceppies in Chancery That they have their just number of Lines and without open or wastfull writing Fourthly I shall be carefull that there be no Exaction of any new Fees but according as they have been heretofore set and Tabled As for Lawyers Fees I must leave to the Conscience and Merit of the Lawyer And the Estimation and Gratitude of the Client But yet this I can do I know there have used to attend this Barr a Number of Lawyers that have not been heard sometimes scarce once or twice in a Term And that makes the Client seek to Great Counsell and Favourites as they call them A Term fitter for Kings then Iudges And that for every Order that a mean Lawyer mought dispatch and as well Therefore to help the Generality of Lawyâ—rs And therein to ease the Client I will constantly observe that every Tuesday and other Dayes of Orders after nine a Clock strucken I will hear the Bar untill 11 or half an Hour after 10 at the least And since we are upon the point whom I will hear your Lordships will give me leave to tell you a Fancy It falls out that there be three of us the Kings servants in great place that are Lawyers by Descent Mr. Atturney Son of a Iudge Mr. Solliciter likewise Son of a Iudge And my self a Chancellers Son Now because the Law roots so well in my time I will water it at the Root thus far As besides these great Ones I will hear any Iudges Sonn before a Sergeant And any Sergeants Sonn before a Reader Lastly for the better Ease of the Subjects And the Brideling of contentious Sutes I shall give better that is greater Costs where the Suggestions are not proved then hath been hitherto used There be divers other Orders for the better Reiglement of this Court And for Granting of Writs And for Granting of Benefices And other Things which I shall set down in a Table But I will deal with no oâ—her to day but such as have a proper Relation to his Majâ—sties Commandement It being my Comfort that I serve such a Master that I shall need to be but a Conduit for the conveying onely of his Goodness to his People And it is true that I do affect and aspire to make good that Saying That Optimuâ— Magistratus praestat optimae Legi which is true in his Majesty But for my self I doubt I shall not attain it But yet I have a Domesticall Example to follow My Lords I have no more to say but now I will go on to the Businesse of the Court. The Speech which was used by the Lord Keeper of the Great Seal in the Star-Chamber before the Summer Circuits the King being then in Scotland 1617. THe King by his perfect Declaration published in this place concerning Iudges and Iustices Hath made the Speech of his Chanceller accustomed before the Circuits rather of Ceremony than of use For as in his Book to his Son he hath set forth a true Character and Platform of a King So in this his Speech he hath done the like of a Iudge and Iustice Which sheweth that as his Majesty is excellently able to Govern in chief So he is likewise well seen and skilfull in the inferiour Offices and Stages of Justice and Government which is a Thing very rare in Kings Yet neverthelesse somewhat must be said to fulfill an old Observance But yet upon the Kings Grounds and very briefly For as Salomon saith in another Case In these things who is he that can come after the King First you that are the Iudges of Circuits are as it were the Planets of the Kingdome I do you no Dishonor in giving you that name And no doubt you have a great stroak in the Frame of this Government As the other have in the great Frame of the World Do therefore as they do Move alwayes and be carried with the Motion of your first Mover which is your Soveraign A popular Iudge is a Deformed Thing And Plaudite's are fitter for Players then for Magistrates Do good to the people Love them and give them Justice But let it be as the Psalm saith Nihil inde Expectantes Looking for nothing neither Praise nor Profit Yet my Meaning is not when I wish you to take heed of Popularity that you should be imperious and Strange to the Gentlemen of the Countrey You are above them in Power but your Rank is not much unequall And learn this That Power is ever of greatesâ— strength when it is civilly carried Secondly you must remember that besides your ordinary Administration of Iustice you do carry the two Glasses or Mirrours of the State For it is your Duty in these your Visitations To represent to the people the Graces and Care of the King And again upon your Return To present to the King the Distastes and Griefs of the People Mark what the King sayes in
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
People in the place of one of his Iustices of the Court oâ— Common Pleas. This Court where you are to serve is the Locall Center and Heart of the Laws of this Realm Here the Subject hath his assurance By Fines and Recoveries Here he hath his Fixed and Invariable Remedies by Precipes and Writs of Right Here Iustice opens not by a By-gate of Priviledge but by the great Gate of the Kings originall Writs out of the Chancery Here issues Processe of Utlawry If men will not answer Law in this Center of Law they shall be cast out And therefore it is proper for you by all means with your Wisdome and Fortitude to maintain the Laws of the Realm Wherein neverthelesse I would not have you Head-strong but Heart-strong And to weigh and remember with your self that the 12. Iudges of the Realm are as the 12. Lions under Salomons Throne They must shew their Stoutnesse in Elevating and Bearing up the Throne To represent unto you the Lines and Portraitures of a Good Iudge The 1. is That you should draw your Learning out of your Books not out of your Brain 2. That you should mix well the Freedom of your own Opinion with the Reverence of the Opinion of your Fellows 3. That you should continue the Studying of your Books and not to spend on upon the old Stock 4. That you should fear no Mans Face And yet not turn Stoutness into Bravery 5. That you should be truly Impartiall and not so as Men may see Affection through fine Carriage 6. That you be a Light to Iurours to open their Eyes But not a Guid to Lead them by the Noses 7. That you affect not the Opinion of Pregnancy and Expedition by an impatient and Catching Hearing of the Counsellours at the Barre 8. That your Speech be with Gravity as one of the Sages of the Law And not Talkative nor with impertinent Flying out to shew Learning 9. That your Hands and the Hands of your Hands I mean those about you Be Clean and Vncorrupt from Gifts From Medling in Titles And from Serving of Turns Be they of Great Ones or Small Ones 10. That you contain the Iurisdiction of the Court within the ancient Meere-stones without Removing the Mark. 11. Lastly that you carry such a Hand over your Ministers and Clarks as that they may rather be in awe of you then presume upon you These and the like Points of the Duty of a Iudge I forbear to enlarge For the longer I have lived with you the shorter shall my speech be to you Knowing that you come so Furnished and Prepared with these Good Vertues as whatsoever I shall say cannot be New unto you And therefore I will say no more unto you at this time but deliver you your Patent His Lordships Speech in the Parliament being Lord Chanceller To the Speakers Excuse Mr. Serjeant Richardson THe King hath heard and observed your grave and decent Speech Tending to the Excuse and Disablement of your self for the place of Speaker In answer whereof his Majesty hath commanded me to say to you That he doth in no sort admit of the same First because if the Parties own Iudgement should be admitted in case of Elections Touching himself it would follow that the most confident and over-weening Persons would be received And the most considerate Men and those that understand themselves best should be rejected Secondly his Majesty doth so much rely upon the Wisdomes and Discretions of those of the House of Commons that have chosen you with an unanimous consent that his Majesty thinks not good to swerve from their Opinion in that wherein themselves are principally interessed Thirdly you have disabled your Self in so good and decent a Fashion As the Manner of your Speech hath destroyed the Matter of it And therefore the King doth allow of the Election and admits you for Speaker To the Speakers Oration Mr. Speaker THe King hath heard and observed your eloquent Discourse containing much good Matter and much good will Wherein you must expect from me such an Answer onely as is pertinent to the Occasion and compassed by due respect of Time I may divide that which you have said into four parts The first was a Commendation or Laudative of Monarchy The second was indeed a large Field Containing a thankfull Acknowledgement of his Majesties Benefits Attributes and Acts of Government The third was some Passages touching the Institution and Vse of Parliaments The fourth and last was certain Petitions to his Majesty on the behalf of the House and your self For your Commendation of Monarchy and preferring it before other Estates it needs no Answer The Schools may dispute it But Time hath tryed it And we find it to be the Best Other States have curious Frames soon put out of order And they that are made fit to last are not commonly fit to grow or spread And contrarywise those that are made fit to spread and enlarge are not fit to continue and endure But Monarchy is like a Work of Nature well composed both to grow and to continue From this I passe For the second part of your Speech wherein you did with no lesse Truth then Affection acknowledge the great Felicity which we enjoy by his Majesties Reign and Government His Majestie hath commanded me to say unto you That Praises and Thanks-givings he knoweth to be the true Oblations of Hearts and loving Affections But that which you offer him he will joyn with you in offering it up to God who is the Authour of all Good who knoweth also the uprightness of his Heart who He hopeth will continue and encrease his Blessings both upon Himself and his Posterity And likewise upon his Kingdomes and the Generations of them But I for my part must say unto you as the Grecian Orator said long since in the like case Solus dignus harum rerum Laudator Tempus Time is the onely Commender and Encomiastique worthy of his Majesty and his Government Why Time For that in the Revolution of so many years and Ages as have passed over this Kingdome Notwithstanding many Noble and excellent Effects were never produced untill his Majestys dayes But have been reserved as proper and peculiar unto them And because this is no part of a Panegyrick but meerly Story and that they be so many Articles of Honour fit to be recorded I will onely mention them extracting part of them out of that you Mr. Speaker have said They be in Number Eight 1. His Majesty is the first as you noted it well that hath laid Lapis Angularis the Corner Stone of these two mighty Kingdomes of England and Scotland And taken away the Wall of Separation Whereby his Majesty is become the Monarch of the most puissanâ— and Militar Nations of the World And if one of the Ancient wise Men was not deceived Iron commands Gold Secondly the Plantation and Reduction to Civility of Ireland the second Island of the Ocean Atlantique did by Gods
protest That in Case this Realm should be invaded with a Forrain Army by the Popes Authority for the Catholick Cause as they term it they would take part with her Majesty and not adhere to her enemies And whereas he saith no Priest dealt in matter of State Ballard onely excepted it appeareth by the Records of the Confession of the said Ballard and sundry other Priests That all Priests at that time generally were made acquainted with the Invasion then intended and afterwards put in Act And had received Instructions not onely to move an Expectation in the People of a Change But also to take their Vows and Promises in Shrift to adhere to the Forrainer Insomuch that one of their Principall Heads vaunted himself in a Letter of the Devise sayingâ— That it was a Point the Counsell of England would never dream of Who would imagine that they should practise with some Noble-Man to make him Head of their Faction whereas they took a Course onely to deal with the People And them so severally as any One apprehended should be able to appeal no more then Himself except the Priests who he knew would reveal nothing that was uâ—tered in Confession So Innocent was this Princely Priestly Function which thiâ— Man taketh to be but a matter of Conscience and thinketh it Reason it should have free Exercise throughout the Land 4. Of the Disturbance of the Quiet of Christendom And to what Causes it may be justly assigned IT is indeed a Question which those that look into Matters of State do well know to fall out very often though this Libeller seemeth to be more ignorant thereof whether the Ambition of the more Mighty State or the Iealousie of the Lesse Mighty State be to be charged with Breach of Amity Hereof as there be many Examples so there is one so proper unto the present Matter As though it were many years since yet it seemeth to be a Parable of these Times and namely of the Proceedings of Spain and England The States Then which answered to these two Now were Macedon and Athens Consider therefore the Resemblance between the two Philips of Macedon and Spain He of Macedon aspired to the Monarchy of Greece as He of Spain doth of Europe But more apparently then the First Because that Design was discovered in his Father Charles the fifth and so left him by Descent whereas Philip of Macedon was the first of the Kings of that Nation which fixed so great Conceits in his Breast The Course which this King of Macedon held was not so much by great Armies and Invasions Though these wanted not when the Case required But by Practise By sowing of Factions in States and by Obliging sundry particular persons of Greatnesse The State of Opposition against his Ambitious procedings was onely the State of Athens as now is the State of England against Spain For Lacedemon and Thebes were both low as France is now And the rest of the States of Greece were in Power and Territories far inferiour The People of Athens were exceedingly affected to Peace And weary of Expence But the Point which I chiefly make the Compaâ—ison was that of the Oratours which were as Counsellours to a Popular State Such as were sharpest fighted and looked deepest into the Projects and and spreading of the Macedonians doubting still that the Fire after it licked up the Neighbour States and made it self Opportunity to passe would at last take hold of the Dominions of Athâ—ns with so great Advantages as they should not be able to remedy it were ever charged both by the Declarations of the King of Macedon and by the Imputation of such Athenians as were corrupted to be of his Faction as the Kindlers of Troubles and Disturbers of the Peace and Leagues But as that Party was in Athenâ— too Mighty so as it discountenaâ—ced the true Counsels of the Oratours And so bred the Ruine of that Stâ—te And accomplishedâ— the Ends of that Philip So it is to be hoped that iâ— a Monarâ—hy where there are commonly better Intelligences and Resolutions then in a popular State those Plots as they are dâ—tected already So they will be resisted and made Frustrate But to follow the Libeller in his own Câ—urse the Sum of that which he delivereth concerning the Imputation As well of the Interruption of the Amity between the Crowns of England and of Spain As the Disturbance of the generall Peace of Christendome Unto the English Proceedings and not to the Ambitiâ—us Appetites of Spain may be reduced into Three Points 1. Touching the Pâ—oceeding of Spain and England towards their Neighbour States 2. Touching the Proceeding of Spain and England beâ—wâ—en themselves 3. Touching the Articles and Conditions which it pleaseth him as it were in the behalf of England to Pen and propose for the treating and Concluding oâ— an Vniversall Peace In the First he discovereth how the King of Spain nâ—â—er offered Molestation Neither unto the States of Italy upon which he confineth by Naples and Millaine Neither unto the States of â—ermany unto whom â—e confineth by a part of â—urgundy and the Low-Countries Nor unto Portugall till it was devolved to him in Title upon which he confineâ—h by Spain But contrariwise as one that had in precious regaâ—d the Peace of Christendom he designed from the beginning to turn his whole Forces upon the Turk Oâ—ely he confesseth that agreeable to his Devotion which apprehended as well the purging of Christendom from Heresies as the Enlarging thereof upon the Infidels He was ever ready to give Succours unto the French Kingâ— agâ—inst the Huguonotts especially being their own Subjects Whereas on the other side England as he affirmeth hath not only sowed Tâ—oubles and Dissentions in France and Scotland The one their Neighbour upon the Continent The other divided onely by the Narrow Seas But also hath actually invaded both Kingdomes For as for the Matters of the Low-Countries they belong to the Dealings which have passed by Spain In Answer whereof it is worthy the Consideration how it pleased God in thâ—t King to cross one Passion by another And namely that Passion which mought have proved dangerous unto all â—urope which was his Ambition by another which was only hurtfull to himself and his own Which was Wrath and Indignation towards his Subjects the Netherlands For after that he was setled in his Kingdom and freed from some Fear of the Turk Revolving his Fathers design in aspiring to a Monarchy of â—urope casting his Eye principally upon the two Potent Kingdomes of France and England And remembring how his Father had once promised unto himself the Conquest of the one And how himself by Marriage had lately had some Possession of the other And seeing that Diversity of Religion was entered into both these Realmes And that France was fallen unto Princes weak and in Minority And England unto the Government of a Lady In whom he did not expect that Pollicy of Government Magnanimity Felicity which since he
hath proved Concluded as the Spaniards are great Waiters upon Time ground their Plots deep upon two Points The one to profess an extraordinary Patronage Defence of the Roman Religion making account thereby to have Factions in both Kingdoms In England a Faction directly against the State In France a Faction that did consent indeed in Religion with the King and therefore at first shew should seem unproper to make a Party for a Forreiner But he foresaw well enough that the King of France should be forced to the end to retain Peace and Obedience to yeeld in some things to those of the Religion which would undoubtedly alienate the Fiery and more violent sort of Papists Which Preparation in the People added to the Ambition of the Family of Guise which he nourished â—or an Instrument would in the end make a Party for him against the State as since it proved and mought well have done long before As may well appear by the Mention of League and Associations which is above 25. years old in France The other Point he concluded upon was That his Low-Countries was the aptest place both for Ports and Shipping in respect of England And for Sciâ—uation in respect of France having goodly Frontier Townes upon that Realm And joyning also upon Germany whereby they might receive in at Peasure any Forces of Almaines To annoy and offend either Kingdom The Impediment was the Inclination of the People which receiving a wonderfull Commodity of Trades out of both Realmes especially of England And having been in ancient League and Confederacy with our Nation And having been also Homagers unto â—rance He knew would be in no wise disposed to either War Whereupon he resolved to reduce them to a Martiall Government Like unto that which he had established in Naples and Millain upon which suppression of their Liberties ensued the Defection of those Provinces And about the same time the Reformed Religion found entâ—ance in the same Countries So as the King enflamed with the Resistance he found in the first Part of his Plots And also because he mought not dispense with his other Principle in yielding to any Toleration of Religion And withall expecting a shorter work of it then he found Became passionatly bent to Reconquer those Countries Wherein he hath consumed infinite Treasure and Forces And this is the true Cause if a Man will look into it that hath made the King of Spain so good a Neigbbour Namely that he was so entangled with the Wars of the Low-Countries as he could not intend any other Enterprise Besides in Enterprizing upon Italy he doubted first the Displeasure of the See of Rome with whom he meant to run a Course of strait Conjunction Also he doubted it might invite the Turk to return And for Germany he had a fresh Example of his Father who when he had annexed unto the Dominions which he now possesseth the Empire of Almaign neverthelesse sunck in that Enterprize whereby he perceived that the Nation was of too strong a Composition for him to deal withall Though not long since by practise he could have been contented to snatch up in the East the Countrey of Emden For Portugal first the Kings thereof were good Sons to the See of Rome Next he had no Colour of Quarrel or pretence Thirdly they were Officious unto him yet iâ— you will believe the Genuese who otherwise writeth much to the Honour and Advantage of the Kings of Spain It seemeth he had a good mind to make himself a way into that Kingdom seeing that for that purpose as he reporteth he did artificially nourish the yong King Sâ—bastian in the Voyage of Affrick expecting that overthrow which followed As for his Intention to warr upon the Inâ—idels and Turks it maketh me think what Francis Guicciardiue a wise writer of History speaketh of his great Grandâ— Father Making a Judgement of him as Historiographers use That he did alwayes mask and vail his Appetites with a Demonstration of a Devout and Holy Intention to the Advancement of the Church and the Publick Good His Father also when he received Advertisement of the taking of the French King prohibited all Ringings and Bonfires and other Tokens of Joy and said Those were to be reserved for Victories upon Infidels On whom he meant never to warre Many a Cruzada hath the Bishop of Rome granted to him and his Predecessours upon that Colour Which all have been spent upon the Effusion of Christian Bloud And now this year the Levies of Germans which should have been made under hand for France were coloured with the pretence of Warr upon the Turk Which the Princes of Germany descrying not onely brake the Levies but threatned the Commissioners to hang the next that should offer the like Abuse So that this Form of Dissembling is Familiar and as it were Hereditary to the King of Spain And as for his Succours given to the French King against the Protestants he could not chuse but accompany the Pernicious Counsels which still he gave to the French Kings of breaking their Edicts and admitting of no Pacification but pursuing their Subjects with Mortall Warre with some Offer of Aides which having promised he could not but in some small Degree perform whereby also the Subject of France namely the violent Papist was enured to depend upon Spain And so much for the King of Spaines proceedings towards other States Now for ours And first touching the Point wherein he charâ—â—th us to be the Authours of Troubles in Scotland and France It will appear to any that have been well enformed of the Memoâ—iâ—s of these Affaires That the Troubles of those Kingdomes were indeed chiefly kindled by one and the same Family of the Guise A Family as was partly touched before as particularly dâ—voted now for many years together to Spain as the Order of the Iâ—suiâ—es is This House of Guise â—aving of late years extraordinarily flourished in the eminent Verâ—ue of a few Persons whose Ambition neverthelesse was nothing inferiour to their vertue But being of a House notwithstanding which the Princes of the Bloud of France reckoned but as strangers Aspired to a Greatness more then Civill and proportionable to their Cause wheresoever they had Authority And accordingly under Colour of Consanguinity and Religion they brought into Scotland in the year 1559 and in the Absence of the King and Queen French Forces in great numbers whereupon the Ancient Nobility of that Realm seeing the imminent danger of Reducing that Kingdome under the Tyranny of Strangers did pray according to the good Intelligence between the two Crowns hâ—r Majesties Neigh â—ourly â—orces And so it is true that the Action being very Just Honourable her Majesty undertook it expelled the Strangers and restored the Nobility to their Degrees and the State to Peace After when Certain Noble-Men of Scotland of the same Faction of â—uâ—se had during the Minority of the King possessed themselves of his Person to the end to abuse his Authority
many wayes And namely to make a Breach between Scotland and England her Majesties Forces were again in the year 1582. by the Kings best and truest Servants sought and required And with the Forces of her Maâ—esty prevailed so far as to be possessed of the Castle of Edenborough the principall part of that Kingdome which neverthelesse her Majesty incontinently with all Honour and Sincerity restored After she had put the King into good and faithfull Hands And so ever since in all the Occasions of Intestine Troubles whereunto that Nation hath been ever subject she hath performed unto the King all possible good Offices and such as he doth with all good Affection acknowledge The same House of Cuise under Colour of Alliance during the Raign of Francis the second and by the Support and practâ—â—â— of the Queen Mother who desiring to retain the Regency under her own Hands during the Minority of Charles the ninth used those of â—uise as a Counterpoise to the Princes of the Bloud obtained also great Authority in the Kingdome of France whereupon having raised and moved Civill Warrs under preâ—ence of Religion But indeed to enfeeble and depresse the Ancient Nobility of that Realm The contrary Part being compounded of the Bloud Royall and the Greatest Officers of the â—rown opposed themselves onely against their Insolency And to their Aides called in her Majesties Forces giving them for security the Town of New-Haven which neverthelesse when as afterwards having by the Reputation of her Majesties Confederation made their Peace in Effect as they would themselves They would without observing any Conditions that had passed have had it back again Then indeed it was held by force and so had been long but for the great Mortality which it pleased God to send amongst our Men. After which time so far was her Majesty from seeking to sowe or kindle New Troubles As continually by the Sollicitation of her Embassadours she still perswaded with the Kings both Charles the 9th and Hen. the 3d to keep and observe their Edicts of Pacification and to preserve their Authority by the Union of their Subjects which Counsell if it had been as happily followed as it was prudently and sincerely given France had been at this day a most Flourishing Kingdome which is now a Theater of Misery And now in the end after that the Ambitious Practises of the same House of Guise had grown to that Ripeness that gathering further strength upon the weakness and Misgovernment of the said King Hen. 3d He was fain to execute the Duke of Guise without Ceremony at Bloys And yet neverthelesse so many Men were embarqued and engaged in that Conspiracy as the Flame thereof was nothing asswaged But contrarywise that King Hen. grew distressed so as he was enforced to implore the Succours of England from her Majesty Though no way interessed in that Quarrell Nor any way obliged for any good offices she had received of that King yet she accorded the same Before the Arrivall of which Forces the King being by a sacrilegious Iacobine murthered in his Camp near Paris yet they went on and came in good time for the Assistance of the King which now raigneth The Justice of whose Quarrell together with the long continued Amity and good Intelligence which her Majesty had with him hath moved her Majesty from time to time to supply with great Aides And yet she never by any Demand urged upon him the putting into her Hands of any Town or Place So as upon this that hath been said let the Reader judge whether hath been the more Just and Honourable Proceeding And the more free from Ambition and Passion towards other States That of Spain or that of England Now let us examine the proceedings reciproque between themselves Her Majesty at her Comming to the Crown found her Realm entangled with the Wars of France and Scotland her nearest Neighbours which Wars were grounded onely upon the Spaniards Quarrell But in the pursuit of them had lost England the Town of Calice Which from the 21. year of King Edward 3 had been possessed by the Kings of England There was a meeting near Burdeaux towards the end of Queen Maries Raign between the Commissioners of France Spain and England and some Overture of Peace was made But broke off upon the Article of the Resâ—itution of Callice After Queen Maries Death the King of Spain thinking himself dischaâ—ged of that Difficulty though in hoâ—our he was no lesse bound to it then before renewed the like Treaty wherein her Majesty concurred so as the Commissioners for the said Princes met at Chasteau Cambraâ—ssi near Cambray In the proceedings of which Treaty it is true that at the first the Commissioners of Spain for form and in Demonstration onely pretended to stand firm upon the Demand of Calliceâ— but it was discerned indeed that the Kings Meaning was after â—ome Ceremonies and perfunctory Insisting thereupon to grow apart to a â—eace with the French excluding her Majesty And so to leave her to make her own Peace after her People Had made his Wars Which Covert Dealing being politickly looked into her Majesty had reason being newly invested in her Kingdom And of her own Inclination being affected to Peace To conclude the same with such Conditions as she mought And yet the King of Spain in his Dissimulation had so much Advantage as she was fain to do it in a Treaty apart with the Frâ—nch whereby to one that is not informed of the Counsels and Treaties of State as they passed it should seem to be a voluntary Agreement of her Majesty whereto the King of Spain would not be party whereas indeed he left her no other choice And this was the first Assay or Earnest penny of that Kings good affection to her Majesty About the same time when the King was sollicited to renew such Treaties and Leagues as had passed between the two Crowns of Spain and England by the Lord Cobham sent unto him to acquaint him with the Death of Queen Mary And afterwards by Sir Thomas Challenor and Sir Thomas Chamberlain successively Embassadours Resident in his Low Countries Who had order divers times during their Charge to make Overtures thereof both unto the King and certain principall persons about him And lastly those former Motions taking no effect By Viscount Montacute and Sir Thomas Chamberlain sent unto Spain in the year 1560 no other Answer could be had or obtained of the King but that the Treaties did stand in as good Force to all Intents as new Ratification could make them An Answer strange at that time but very conformable to his Proceedings since which belike even then were closely smothered in his own Breast For had he not at that time some hidden Alienation of Mind and Design of an Enemy towards her Majesty So wise a King could not be ignorant That the Renewing and Ratifying of Treaties between Princes and States do adde great Life and Force both of Assurance to the parties themselves
that were Tutoured by both Fortunes Such was with us King Henry the Seventh Anâ— with the French Lewis the Twelâ—â—h Both which in recent Memory and almost about the same time obtained their Crowns not onely from a Private but also from an Adverse and Afflicted Fortune And did both excell in their severall wayes The former in Prudence And the other in Iustice. Much like was the Condition of this Princesse whose Blosâ—omes and Hopes were unequally aspected by Fortune That afterwards when she came to the Crown Fortune might prove towards her alwayes Mild and Constant. For Quâ—en Elizabeth soon after she was born was entituled to the Succession in the Crown upon the next turn disinherited again Then layed aside and slighted During the Raign of her Brother her Estate was most Prosperous and Flourishing During the Raign of her Sister very Tempestuous and full of Hazard Neither yet did she passe immediately from the Prison to the Crown which sudden Change might have been enough to make her cast off all Moderation But first she regained her Liberty Then there budded forth some probable Hopes of Succession And lastly in a great Still and Happiness she was advanced to the Imperiall Crown without either Noise or Competitour All which I alledge that it may appear that the Divine Providence intending to produce a most exquisite Princesse was pleased to prepare and mould Her by these Degrees of Discipliâ—e Neither ought the Misfortune of her Mother justly to stain the pure Stream of her Blood especially seeing it is very evident that King Henry the eighth did fiâ—st burn with new Loves before he was enflamed with Indignation against Queen Anne Neither is it unknown to the Ages since that he was a King naturally prone to Loves and Jealousies And not containing himself in thoâ—e cases from the effusion of Blood Besides the very person for whom she was suspected sheweth the Accusation to be lesse probable and built upon weak and frivolous Suppositions Which was both secretly whispered in many Mens ears at that Time And which Queen Anne her self testiâ—ied by her undaunted courage and that memorable Speech of hers at the Time of her Death For having gotten as she supposed a faithfull and friendly Messenger in the very Hour before her Death she delivered him these words to relate unto the King That she had ever found the King very constant and firm to his purpose of Advancing her For first from the estate of a Gentlewoman onely and no way pretending to Noble Titles He raised Her to the Honour of a Marchioness Next he vouchsafed to make her his Consort both of his Kingdom and Bed And now that there remained no higher earthly Honour he meant to crown her Innocency with the Glory of Martyrdome But though the messenger durst not relate these words to the King who was already enflamed with new Loves yet certain Tradition the Conserver of Truth hath conveyed them to Posterity Another principall thing which I cast into Queen Elizabeths Felicity was the Time and Period of her Raign Not onely for that it was Long but also because it fell into that season of her Life which was most Active and Fittest for the swaying of a Scepter For she was fully Five and Twenty years old at which age the Civill Law freeth from a Curaâ—our when she came to the Crown And raigned to the Seventieth year of her Life So that she never suffered either the Detriments of Pupillage and Check of an Over-awing Power Or the Inconveniencies of an Impotâ—nt and unwieldy Old-age And Old-age is not without a competent portion of miseries even to private men But to Kings besides the Common Burthen of years it brings for the most part a Declining in the Estates they govern and a Conclusion of their Lives without Honour For there hath scarce been known a King that hath lived to an Extreame and Impotent Old-age but he hath suffered some Detriment in his Territories and gone lesse in his Reputation Of which Thing there is a most eminent Example in Philip the Second King of Spain a most puissant Prince and an Excellent Governer Who in the last years of his Life and Impotent Old-age was sensible of this whereof we speak And therefore with great circumspection submitted Himself to Natures Law Voluntarily surrendred the Territories he had gotten in France Established a Firm Peace in that Kingdom Attempted the like in other Places That so He might transmit his Kingdoms Peaceable and Entire to his next Heir Contrary-wise Queen Elizabeâ—hs Fortune was so constant and deeply rooted that no Disaster in any of her Dominions accompanied her indâ—ed declining but still able years Nay further for an undeniable Token of her Felicity she died not before the Rebellion in Ireland was â—ortunately decided and quashed by a Battel there Least otherwise it might have defalked from the Totall Summe of her Glory Now the Condition also of the People over whom she raigned I take to be a Matter worthy our Observation For iâ— her Lot had fallen amongst the desolate â—â—lmyrens or in Asia a soft and effeminate Race of Men a Woman-Prince might have been sufficient for a Womanish People But for the English a Nation stout and war-like to be ruled by the Check of a Woman and to yield so humble Obedience to her is a Thing deserving the highest Admiration Neither was this Disposition of her People Hungâ—y of War and unwillingly bowing to Peace any Impediment to her but that she enjoyed and maintained Peace all her Dayes And this Desire in her of Peace together with her fortunate accomplishment thereof I reckon to be one of her chiefest Praises For this was Happy for her Times Comely for her Sex and Comfortable to her Conscience Indeed about the Tenth year of her Raign there was an Offer of a Commotion in the Northern Parts But it was soon laid asleep and extinguished But all her Raign beside was free from the least Breath or Air of Civil Broyles Now I judge the Peace maintained by her to be the more eminent for two causes Which indeed make nothing for the Merit of that Peace but much for the Honour The one that it was set off and made more coâ—spicuous by the Broyls and Dissensions of Neighbouring Nations As it were by so many Lights and Torches The other that amidst the Benefits of Peace she lost not the Honour of Arms Insomuch that the Reputation of the English Arms was not onely preserved but also advanced by her upon many glorious Occasions For the Succours sent into the Netherlands France and Scotland The Expeditions by Sea into both the Indies whereof some circled the whole Globe of the Earth The Fleets sent into Portugall and to annoy the Coasts of Spain And lastly the often Suppressions and Overthrows of the Rebells in Ireland did both shew the warlike Prowesse of our Nation to be no whit diminished And did much encrease the Renown of the Queen There was another Thing that did
greatly advance her Glory That both by her timely Succours her Nâ—ighbour Kings were settled in their Rightâ—ull Thrones and the Suppliant People who by the ill Advisednesse of their Kings were abandoned and given over to the Cruelâ—y of their Ministers And to the Fury of the Multitude and to all manner of Butchery and Desolation were relieved by Her By reason whereof they subsist unto this Day Neither was She a Princesse lesse Benigne and Fortunate in the Influence of her Counsells then of her Succours As being One that had oftentimes interceded to the King of Spain to mitigate his wrath against his Subjects in the Netherlands and to reduce them to his Obedience upon some tolerable Conditions And further as being one that did perpetually and upon all occasions represent to the French Kings the Observation of their own Edicts so often declaring and promising peace to their Subjects I cannot deny but that these good Counsells of hers wanted the Effect In the former I verily believe for the Univeâ—sall good of Europe Least happily the Ambition of Spain being unloosed from his Fetters should have poured it self as things then stood upon the other Kingdoms and States of Christendom And for the latter the Blood of so many Innocents with their Wives and Children Slain within their own Harbours and Nests by the Scumme of the People who like so many Mastifes were let loose and heartened and even set upon them by the State would not suffer it which did continually cry unto God for Vengeance that so Blood-sucking a Kingdom might have her fill thereof in the intestine Slaughters and Consumption of a Civill War Howsoever she persisted to perform the part of a wise and loving Confederate There is another Cause also for which we may justly admire this Peace so constantly pursued and maintained by the Queen And that is that it did not proceed from any Bent or Inclination of those Times But from the Prudency of her Government and discreet Carriage of Things For whereas she her self was not without manifest Danger from an ill affected Party at home for the Cause of Religion And that the Strength and Forces of this Kingdom were in the Place of a Bulwark to all Europe against the then dreadfull and overflowing Ambition and Power of the King of Spain She might have apprehended just Cause of a War But as she was still ready with her Councell so she was not behind hand with her Forces And this we are taught by an Event the most Memorable of any in our time if we look upon the Felicity thereof For when as the Spanish Navy set forth with such wonderfull Preparations in all kinds the Terrour and Amazement of all Europe Carried on with almost Assurance of victory came braving upon our Seas It took not so much as one poor Cock-boat of ours nor fired any one Village nor landed one Man upon English Ground But was utterly defeated and after a shamefull Flight and many shipwracks quite dispersed So as the Peace of this Kingdome was never more Firm and Solid Neither was her Felicity lesse in Escaping Treacherous Attempts at home then in subduing and Defeating forrain Invasions For not a few Treasons plotted against her Life were most fortunately discovered and disappointed And this was no cause to make her lead a more fearfull or diffident life then before No new Encrease of her Guard No Immuring her self within her own Walls or Forbearing to be seen abroad But as one assured and confident And that was more mindfull of her Escape from Danger then of the Danger it self she was constant to her former Customes and Fashions Furthermore it is worth our labour to consider the Nature of the Times in which she Raigned For there are some Times so Barbarous and Ignorant that it is no greater matter to govern People then to govern a Flock of Sheep But this Queen fell upon Times of singular Learning and Sufficiency In which it was not possible to be eminent without admirable Endowments of wit and a Rare Temper of Vertue Again the Raignes of Women are For the most part obscured by their Husbands Upon whom all their Praises and worthy Acts do reâ—lect As for those that continue unmarried it is they that impropriate the whole glory and meriâ— to themselves And this was the peculiar Glory of this Princesse That she had no Props or Supports of her Government but those that were of her own making She had no Brother the Son of her Mother No Vnckle None other of the Royall Bloud and Linage that might be Partner in her Cares and an Vpholder of the Regall Dignity And as for those whom she raised to Honour she carried such a discreet Hand over them and so enterchanged her Favourâ— as they all strived in Emulation and Desire to please her best and she her self remained in all Things an Absolute Princesse Childlesse she was and left no Issue behind Her which was the Case of many of the most fortunate Princes Alexander the â—reat Iulius Caesar Trajan and others And this is a Case that hath been often controverted and argued on both â—ides Whilest some hold the want of Children to be a Diminution of our Happinesse As if it should be an Estate more then Human to be happy both in our own Persons and in our Descendants But others do account the want of Children as an Addition to â—arthly Happinesse In as much as that Happinesse may be said to be compleat over which Fortâ—ne hath no Power when we are gone Which if we leave Children cannot be She had also many Outward Gifts of Nature A tall Staâ—ure A comely and strait Making An extraordinary Majesty of Aspect â—oyned with a Sweetnesse A most Happy and Constant Healthfulnesse of Body Unto which I may add that in the full Possession both of her Limms and Spirits untill her last Sicknesse Having received no Blow from Fortuneâ— Nor Decay from Old Age she obtained that which Augustus Caesar so importunately prayed for An easie and undistempered passage out of this VVorld Which also is reported of Antoninus Pius that Excellent Emperour Whose Deaâ—h had the Resemblance of some soft and pleasing Slumber So in Queen Elizabeths Disease there was no ghastly or fearfull Accident No Idlenesse of Brain Nothing unaccustomed to Man in generall She was not transported either with desire of Life or Tediousnesse of Sicknesse or extremity of Pain She had no grievous or uncomely Symptomes But all things were of that kind as did rather shew the Frailty of Nature then a Deordination or Reproach of it For some few Dayes before her Death being much pined with the extream Drought of her Body and those Cares that accompany a Crown And not wonted to refresh her Self with VVine or any Liberall Dieâ— she was strook with a Torpour and Frigidity in her Nerves Notwithstanding which is rare in such Diseases she retained both her Speech and Memory and Motion though but flow and weak even to the
Territory hath been rather matter of Burthen then matter of Strength unto them yea and further it hath kept alive the Seeds and Roots of Revolts and Rebellions for many Ages As we may see in a fresh and notable Example of the Kingdome of Aragon Which though it were united to Castile by Marriage and not by Conquest And so descended in Hereditary Union by the space of more then an 100. years yet because it was continued in a divided Government and not well Incorporated and Cemented with the other Crowns Entred into a Rebellion upon point of their Fueros or Liberties now of very late years Now to speak briefly of the severall parts of that form whereby States and Kingdomes are perfectly united They are besides the Soveraignty it self four in Number Vnion in Name Vnion in Language Vnion in Lawes Vnion in Employments For Name though it seem but a superficiall and Outward Matter yet it carrieth much Impression and Enchantment The Generall and common Name of Grecia made the Greeks alwaies apt to unite though otherwise full of Divisions amongst themselves against other Nations whom they called Barbarous The Helvetian Name is no small Band to knit together their Leagues and Confederacies the faster The common Name of Spain no doubt hath been a speciall meanes of the better union and Conglutination of the severall Kingdomes of Castile Aragon Granada Navarre Valentia Catalonia and the rest Comprehending also now lately Portugall For Language it is not needful to insist upon it because both your Majesties Kingdomes are of one Language though of severall Dialects And the Difference is so small between them as promiseth rather an inriching of one Language then a continuance of two For Lawes which are the Principall Sinnewes of Government they be of three Natures Iura which I will term Freedomes or Abilities Leges and Mores For Abilities and Freedomes they were amongst the Romans of four Kinds or rather Degrees Ius Connubii Ius Civitatis Ius Suffragii and Ius Petitionis or Honorum Ius Connubii is a thing in these times out of Use For Marriage is open between all Diversities of Nations Ius Civitatis answereth to that we call Denization or Naturalization Ius Suffragii answereth to the Voice in Parliament Ius Petitionis answereth to place in Counsell or Office And the Romans did many times sever these Freedomes granting Ius Connubii sine Civitate And Civitatem sine suffragio And suffragium siâ—e Iure Petitionis which was commonly with them the last For those we called Leges it is a Matter of Curiosity and Inconveniency to â—eek either to extirpate all particular Customes Or to draw all Subjects to one Place or resort of Iudicature and Session It sufficeth there be an Uniformity in the Principall and Fundamentall Lawes both Ecclesiasticall and Civill For in this Point the Rule holdeth which was pronounced by an Ancient Father touching the Diversity of Rites in the Church For finding the Vesture of the Queen in the Psalm which did prefigure the Church was of divers Colours And finding again â—hat Christs Coat was withâ—ut a seam he concludeth well In veste varietas sit Scissura non sit For Manners a Consent in them is to be sought industriously but not to be enforced For Nothing amongst People breedeth so much peâ—â—inacy in holding their Customes as suddain and violent ofâ—er to remove them And as for Employments it is no more but in indifferent Hand â—nd Execution of that Verse Trâ—s Tyriusque mihi nullo discrimine agetur There remaineth only to remember out of the Grounds of Nature the two Conditions of Perfâ—ct mixture Whereof the former is Time For the Naturall Philosophers say well that Compositio is Opus Hominis and Mistio Opus Naturae For it is the Duty of Man to make a fit Application of Bodies together But the perfect Fermentation and Incorporation of them must be left to Time and Nature And Vnnaturall Hasting thereof doth disturb the work and not dispatch it So we see after the Graft is put into the Stock and bound it must be left to Time and Nature to make that Continuum which at the first was but Contiguum And it is not any continuall pressing or Thrusting together that will prevent Natures season but rather hinder it And so in Liquours those Commixtures which are at the first troubled grow after clear and setled by the benefit of Rest and Time The Second Condition is That the greater draw the lesse So we see when two Lights do meet the greater doth darken and dim the lesse And when a smaller River runneth into a greater it looseth both his Name and Stream And hereof to conclude we see an excellent Example in the Kingdomes of Iudah and Israel The Kingdom of Iudah contained Two Tribes The Kingdom of Israel contained Ten King David raigned over Iudah for certain years And after the Death of Isbosheth the Son of Saul obtained likewise the Kingdom of Israell This Union continued in him likewise in his Son Salomon by the space of 70. years at least between them both But yet because the Seat of the Kingdom was kept still in Iudah and so the lesse sought to draw â—he greater upon the first occasion offered the Kingdomes brake again and so continued ever after Thus having in all Humblenesse made Oblation to your Majesty of these simple Fruits of my Devotion and Studies I do wish and do wish it not in the Nature of an Impossibility to my Apprehenâ—ion That this happy Vnion of your Majesties two Kingdomes of England and Scotland may be in as good an Houre and under the like Divine Providence as that was between the Romans and the Sabines CERTAIN ARTICLES OR CONSIDERATIONS TOUCHING THE UNION OF THE KINGDOMES OF ENGLAND and SCOTLAND Collected and dispersed for His MAIESTIES better Service YOUR Majesty being I do not doubt directed and conducted by a better Oracle then that which was given for Light to AEneas in his Peregrination Antiquam exquirite Matrem hath a Royall and indeed an Heroicall Desire to reduce these two Kingdomes of England and Scotland into the Unity of their Ancient Mother Kingdome of Brittain Wherein as I would gladly applaud unto your Majesty or sing aloud that Hymne or Antheme Sic itur ad Astra So in a more soft and submisse voice I must necessarily remember unto your Majesty that Warning or Caveat Ardua quae Pulchra It is an Action that requireth yeaâ—â—nd needeth much not only of your Majesties Wisedome but of â—our Felicity In this Argument I presumed at your Majesties first Entrance to write a few Lines indeed Scholastically and Speculatively and not Actively or Politickly as I held it fit for me at that time when neiâ—her your Majesty was in that your desire declared Nor my self in that Service used or trusted But now that both your Majesty hath opened your desire and purpose with much Admiration even of those who give it not so full an Approbation And that my self was by the
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
Merchants should pay Strangers Custome in England that resteth upon the Point of Naturalization which I touched before Thus have I made your Majesty a brief and naked Memoriall of the Articles and Points of this great Cause which may serve onely to excite and stir up your Majesties Royall Iudgement and the Iudgement of Wiser Men whom you will be pleased to call to it Wherein I will not presume to perswade or disswade any thing Nor to interpose mine own Opinion But do expect light from your Majesties Royall Directions Unto the which I shall ever submit my Iudgement and apply my Travailes And I most humbly pray your Majesty in this which is done to pardon my Errours and to cover them with my good Intention and Meaning and Desire I have to do your Majesty Service And to acquiâ—e the Trust that was reposed in me And chiefly in your Majesties benign and gracious Acceptation FINIS THE BEGINNING OF THE HISTORY OF GREAT BRITAIN BY the Decease of Elizabeth Queen of England the Issues of King Henry the 8th failed Being spent in one Generation and three Successions For that King though he were one of the goodliest Persons of his time yet he left onely by his Six Wives three Children who Raigning successively and Dying Childelesse made place to the Line of Margaret his eldest Sister Married to Iames the 4th King of Scotland There succeeded therefore to the Kingdome of England Iames the 6th then King of Scotland descended of the same Margaret both by Father and Mother So that by a rare Event in the Pedegrees of Kings it seemed as if the Divine Providence to extinguish and take away all Note of a Stranger had doubledâ— upon his Person within the Circle of one Age the Royall Bloud of England by both Parents This sucâ—ession drew towards it the Eyes of all Men Being one of the most memorable Accidents that had hapned a long time in the Christian World For the Kingdome of France having been re-united in the Age before in all the Provinces thereof formerly dismembred And the Kingdome of Spain being of more fresh memory united and made entire by the Annexing of Portugall in the Person of Philip the second There remained but this Third and last Vnion for the counterpoizing of the Power of these three great Monarchies And the disposing of the Affaires of Europe thereby to a more assured and universall Peace and Concord And this Event did hold Mens Observations and Discourses the more Because the Island of Great Britain divided from the Rest of the World was never before united in it self under one King Notwithstanding the People be of one Language and not separate by Mountains or great Waters And notwithstanding also that the uniting of them had been in former times industriously attempted both by Warre and Treaty Therefore it seemed a manifest work of Providence and Case of Reservation for these times Insomuch as the vulgar conceived that now there was an End given and a Consummation to superstitious Prophecies The Belief of Fooles but the Talk sometimes of Wise Men And to an ancient tacite Expectation which had by Tradition been infused and inveterated into Mens Minds But as the best Divinations and Predictions are the Politick and probable Foresight and Conjectures of wise Men So in this Matter the Providence of King Hen. the 7th was in all Mens Mouths Who being one of the Deepest and most prudent Princes of the World upon the Deliberation concerning the Marriage of his Eldest Daughter into Scotland had by some Speech uttered by him shewed himself sensible and almost Prescient of this Event Neither did there want a Concurrence of divers Rare externall Circumstances besides the Vertues and Conditions of the Person which gave great Reputation to this Succession Aâ— King in the strength of his years supported with great Alliances abroad established with Royall Issue at home at Peace with all the World practised in the Regiment of such a Kingdome as mought rather enable a King by variety of Accidents then corrupt him with Affluence or vain glory And One that besides his universall Capacity and Judgement was notably exercised and practised in Matters of Religion and the Church Which in these times by the confused use of both Swords are become so intermixed with Considerations of Estate as most of the Counsailes of Soveraign Princes or Republiques depend upon them But nothing did more fill Forraign Nations with Admiration and Expectation of his Succession then the wonderfull and by them unexpected Consent of all Estates and Subjects of England for the receiving of the King without the least scruple Pause or Question For it had been generally dispersed by the Fugitives beyond the Seas who partly to apply themselves to the Ambition of Forreiners And partly to give Estimation and value to their own Employments used to represent the state of England in a false light That after Queen Elizabeths Decease there must follow in England nothing but Confusions Interregâ—s and perturbations of Estate likely for to exceed the Ancient Calamities of the Civill Wars between the Houses of Lancaster and York By how much more the Dissentions were like to be more Mortall and Bloudy when Forraign Competition should be added to Domesticall And Divisions for Religion to Matter of â—itle to the Crown And in speciall Parsons the Iesuite under a disguised Name had not long before published an expresse Treatise Wherein whether his Malice made hâ—m believe his own Fancies Or whether he thought it the fittest way to move Sedition Like evill Spirits which seem to foretell the Tempest they mean to move He laboured to display and give colour to all the vain Pretences and Dreams of Succession which he could imagine And thereby had possessed Many abroad that knew not the Affaires here with those his Vanities Neither wanted there here within this Realm divers Persons both Wise and well affected who though they doubted not of the undoubted Right yet setting befoâ—e themselves the waves of peoples Hearts Guided no lesse by suddain and temporary Winds then by the naturall Course and Motion of the Waters Were not without fear what mought be the Event For Queen Elizabeth being a Prince of extream Caution and yet One that loved Admiration above Safety And knowing The Declaration of a Successour mought in point of Safety be disputable But in point of Admiration and Respect assuredly to her Disadvantage Had from the beginning set it down for a Maxime of Estate to impose a Silence touching Succession Neither was it onely Reserved as a Secret of Estate but Restrained by severe Lawes That no Man should presume to give Opinion or maintain Argument touching the same So though the Evidence of Right drew all the Subjects of the Land to think one Thing yet the Fear of Danger of Law made no Man privy to others Thought And therefore it rejoyced all Men to see so fair a Morning of a Kingdome and to be throughly secured of former Apprehensions As
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
is in vain to tell you with what wonderfull Still and Calm this Wheel is turned round Which whether it be a Remnant of her Felicity that is gone or a Fruit of his Reputation that is comming I will not determine For I cannot but divide my Self between her Memory and his Name Yet we account it but a fair Morn before Sun-rising before his Majesties Presence Though for my part I see not whence any VVeather should arise The Papists are contained with Fear enough and Hope too much The French is thought to turn his Practice upon procuring some Disturbance in Scotland where Crowns may doe wonders But this Day is so welcom to the Nation and the time so short as I doe not fear the Effect My Lord of Southampton expecteth Release by the next Dispatch and is already much visited and much well wished There is continual poasting by Men of good Quality towards the King The rather I think because this Spring time it is but a kinde of Sport It is hoped that as the State here hath performed the part of good Atturneys to deliver the King quiet Possession of his Kingdoms So the King will re-deliver them quiet Possession of their Places Rather filling Places void than removing Men placed So c. A Letter to my Lord of Northumberland mentioning a Proclamation drawn for the King at his Entrance It may please your Lordship I Doe hold it a Thing formal and necessary for the King to fore-runn his Comming be it never so speedy with some Gracious Declaration for the Cherishing Entertaining and preparing of Mens Affections For which purpose I have conceived a Draught it being a thing familiar in my Mistris her times to have my Penn used in Publick Writings of Satisfaction The Use of this may be in two sorts First properly if your Lâ—rdshipâ—hink â—hink it convenient to shew the King any such Drâ—â—ght because the Veins and Pulses of this Stâ—te cannot bin beâ— beâ—â— known here which if your Lordship should doe then I would desire you to withdraw my Name and onely signifieâ— that you â—ave some Heads of Direction of such a Matter to one oâ— whose Stile and Penn you had some Opinion The other Collateralâ— Theâ— though your Lordship make no other use of it yet it is a Kinâ—e oâ— Portraicture of that which I think worthy to be advised by your Lordship to the King And perhaps more compendious and significant than if I had set them down in Articles I would have attended your Lordship but for some little Physick I took To morrow morning I will wait on you So I ever c. A Letter to the Earl of Southampton upon the Kings Comming in It may please your Lordship I Would have been very glad to have presented my humble Service to your Lordship by my attendance if I could have foreseen that it should not have been unpleasing unto you And therefore because I would commit no Error I chose to write Assuring your Lordship how credible soever it may seem to you at first yet it is as true as a Thing that God knoweth That this great Change hath wrought in me no other Change towards your Lordship than this That I may safely be now that which I was truly before And so craving no other pardon than for troubling you with my Letter I doe not now begin to be but continue to be Your Lordships humble and much devoted A Letter to the Earl of Northumberland after he had been with the King It may please your good Lordship I Would not have lost this Journey and yet I have not that I went for For I have had no private Conference to purpoâ—eâ— with the King No more hath almost any other English For the Speach his Majesty admitteth with some Noblemen is rather Matter of Grace than Matter of Business With the Atturney he spake urged by the Treasurer of Scotland but no more than needs must After I had received his Majesties first Welcom and was promised private Access yet not knowing what matter of Service your Lordships Letter carried for I saw it not And well knowing that Primeness in Advertisement is much I chose rather to deliver it to Sir Tho. Heskins than to cool it in mine own Hands upon Expectation of Access Your Lordship shall finde a Prince the furthest from Vain-Glory that may be And rather like a Prince of the auncient Form than of the latter Time His Speech is swift and Cursory and in the full Dialect of his Country And in Speech of Business short in Speech of Discourse large He affecteth Popularity by gracing such as he hath heard to be Popular and not by any Fashions of his own He is thought somewhat general in his Favours And his Vertue of Access is rather because he is much abroad and in Press than that he giveth easie Audience He hastneth to a mixture of both Kingdâ—ms and Occasions faster perhaps than Policy will well bear I told your Lordship once before that methought his Majesty rather asked Counsel of the time past than of the time to come But it is yet early to ground any Setled Opinion For the particulars I referr to conference having in these generals gone further in so tender an Argument than I would have done were not the Bearer hereof so assured So I continue c. A Letter to Mr. Pierce Secretary to the Deputy of IRELAND Mr. Pierce I Am glad to hear of you as I doe And for my part you shall find me ready to take any Occasion to further your credit and preferment And I dare assure you though I am no Undertaker to prepare your way with my Lord of Salisbury for any good Fortune which may befall you You teach me to complain of Business whereby I write the more briefly And yet I am so unjust as that which I allege for mine own Excuse I cannot admit for yours For I must by Expecting exact yoâ—r Letters with this Fruit of your Sufficiency as to understand how things pass in that Kingdom And therefore having begun I pray you continue This is not meerly Curiosity for I have ever I know not by what Instinct wish'd well to that impollish'd part of this Crown And so with my very loving Commendations I remain A Letter to the King upon presenting the Discourse touching the Plantation of Ireland It may please your excellent Majesty I Know not better how to express my good wishes of a New Year to your Majesty than by this little Book whichâ— in all humbleness I send you The Stile is a Stile of Business rather than Curious or Elaborate And herein I was encouraged by my Experience of your Majesties former grace in accepting of the like poor Field-Fruits touching the Vnion And certainly I reckon this Action as a Second Brother to the Vnion For I assure my Self that England Scotland and Ireland well united is such a Trifoile as no Prince except your Self who are the worthiest weareth in his Crown Si