Seal and against the Consumption of the Means and estate which was speedy Iustice. Bis dat qui citò dat The fourth was that Iustice might passe with as easie charge as mought be And that those same Brambles that grow about Iustice of needlesse Charge and Expence And all manner of Exactions mought be rooted out so far as mought be These Commandements my Lords are Righteous And as I may term them Sacred And therefore to use a Sacred Form I pray God blesse the King for his great care over the Iustice of the Land And give me his poor Servant Grace and Power to observe his Precepts Now for a Beginning towards it I have set down and applied particular Orders to every one of these four Generall Heads For the Excesse or Tumour of this Court of Chancery I shall divide it into five Natures The first is when the Court doth embrace or retain Causes both in Matter and Circumstance meerly Determinable and Fit for the Common Law For my Lords the Chancery is ordained to supply the Law and not to subvert the Law Now to describe unto you or delineate what those Causes are and upon what differences that are fit for the Court were too long a Lecture But I will tell you what Remedy I have prepared I will keep the Keyes of the Court my self and I will never refer any Demurrer or Plea tending to discharge or dismisse the Court of the Cause to any Mr. of the Chancery But judge oâ— itâ— my self or at least the Mr. of the Rowles Nay further I will appoint regularly that on the Tuesday in every week which is the Day of Orders first to hear all Motions of that Nature before any other That the Subject may have his Vale at first without further attending And that the Court do not keep and accumulate a Miscellany and Confusion of Causes of all Natures The sâ—cond Point concerneth the time of the Complaint And the late Commers into the Chancery which stay till a Iudgement be passed against them at the Common Law and then complain Wherein your Lorships may have heard a great Ratâ—le and a Noyse of a Premunire and I cannot tell what But that Question the King hath setled according to the ancient presidentâ— in all times continued And this I will say that the Opinion not to relieve any Case afâ—er Iudgement would be a guilty Opinion Guilty of the Ruine and Naufrage and perishing of infinite Subjects And as the King found it well out why should a Man fly into the Chancery before he be Hurt The whole need not the Physician but the sick But My Lords the Power would be preserved but then the Practise would be moderate My Rule shall be therefore that in Case of Complaints after Iudgement except the Iudgements be upon Nihil dicit which are but Disguises of â—udgement Obtained in Contempt of a preceding Order of this Court yea and after Verdicts also I will have the Party Complainant enter into good Boâ—d to prove his Suggestion So that if he will be relieved against a Iudgement at Common Law upon Matter of Equity He shall do it Tanquam in Vinculis at his Perill The Third Point of Excesse may be the over Frequent and Facile Granting of Injunctions for the staying of the Common Lawes Or the Altering Possessions wherein these shall be my Rules I will grant no Injunction mereely upon Priority of suit That is to say Because this Court was first possessed A Thing that was well reformed in the late Lord Chancellers time but used in Chanceller Broomeleyes time Insomuch as I remember that Mr. Dalton the Councellor at Law put a Pasquill upon the Coâ—rt in Nature of a Bill For seeing it was no more but My Lord the Bill came in on Munday and the Arrest at Common Law was on Tuesday I pray the Injunction upon Priority of Suite He caused his Clâ—ent that had a Loose Debteâ— to put a Bill into the Chancery bâ—forâ— the Bond due to him was forfeited to desire an Order that he might have his Money at the Day Because he would be sure to be before the other I do not mean to make it a Matter of an Horse-Race or Poasting who shall be first in Chancery or in Courts of Law Neither will I grant an Injunction upon Matâ—er conâ—ained in the Bill only be it never so smooth and Specious But upon Matter confessed in the Defendants Answer Or Matter pregnant in Writing or of Record Or upon Contempt of the Defendant in not Appearing or not Answering or Trifling with the Court by insufficient Answering For then it may be thought the Defendant stands out upon purpose to get the start at the Common Law And so take Advantage of his own Contempt which may not be suffered As for Injunctions for possession I shall maintaine possessions as they were at the time of the Bill exhibited And for the space of a year before Except the possession were gotten by Force or by any Trick Neither will I alter Possession upon Interlocutory Orders untill a Decree Except upon Matter plainly confessed in the Defendants Answer joyned with a plain Disability and Insolvency of the Defendants to answer the Profits As for taking the Possession away in respect of Contempts I will have all the proceedings of the Court spent first and a Sequestration of the Profits before I come to an Injunction The Fourth Part of Excesse is concerning the Communicating of the Authority of the Chanceller too far And making upâ—n the matter too many Chancellors by relying too much upon Reports of the Masters of the Chancery as concludent I know my Lords the Masters of the Chancery are Reverend Men And the great Mass of Businesse of the Court cannot be sped without them And it is a Thing the Chanceller may soon fall into for his own Ease to rely too much upon them But the Course that I will take generally shall be this That I will make no Binding Order upon any report of the Masters without giving a seven nights day at the least to shew cause against the Report which nevertheless I will have done modestly with due reverence towards them And again I must utterly discontinue the Making of an Hypotheticall or Conditionall Order That if a Master of the Chancery do certifie thus that then it is Ordered without further Motion For that is a Surprise and gives no time for Contradiction The last Point of Excesse is If a Chanceller shall be so much of himself as he should neglect Assistance of Reverend Iudges in Cases of Difficulty especially if they touch upon Law or Calling them shall do it but Pro formâ tantùm and give no due respect to their Opinions Wherein my Lords preserving the Dignity and Majesty of the Court which I count rather increased then diminished by grave and due Assistance I shall never be found so Soveraign or abundant in mine own sense but I shall both desire and make true use of
And was not without some other Seditions and Troubles As namely the great Contestation of his Prelates King Henry 2. his Happinesse was much deformed by the Revolt of his son Henry after he had associated him and of his other Sonnes King Hen. 3 besides his continuall Wars in Wales was after 44. years raign unquieted with Intricate Commotions of his Barons As may appear by the Mad Parliament held at Oxford and the Acts thereupon ensuing His Son King Ed. 1. had a more flourishing Time then any of the other Came to his Kingdom at ripe years and with great Reputation after his voyage into the Holy Land And was much loved and obeyed contrived his Wars with great Judgement First having reclaimed Wales to a setled Allegeance And being upon the point of Vniting Scotland But yet I suppose it was more honour for her Majesty to have so important a piece of Scotland in her hand And the same with such Justice to render up Then it was for that worthy King to have advanced in such Forwardnesse the Conquest of that Nation And for King Edward 3. his Raign was visited with much Sicknesse and Mortality So as they reckoned in his dayes 3. severall Mortalities One in the 22. year Another in tâ—e 35. year And the last in the 43. year of his Raign And being otherwise Victorious and in Prosperity was by that onely Crosse more afflicted then he was by the other Prosperities comforted Besides he entred hardly And again according to the Verse Cedebant ultima primis His Latter Times were not so prosperous And for King Henry 5. as his Successe was wonderfull so he wanted Continuance Being extinguished after 10. years Raign in the Prime of his Fortunes Now for her Majesty we will first speak of the Blessing of Continuance as that which wanted in the Happiest of these Kings And is not only a great favour of God unto the Prince but also a singular Benefit unto the People For that Sentence of the Scripture Misera Natio cùm multi sunt principes eius is interpreted not only to extend to Divisions and Distractions in Government but also to Frequent Changes in Succession Considering that the Change of a Prince bringeth in many Charges which are Harsh and Vnpleasant to a great part of Subjects It appeareth then that of the Line of Five hundred and fourescore years and more containing the Number of 22. Kings God hath already prolonged her Majesties Raign to exceed sixteen of the said Two and Twenty And by the end of this present year which God prosper she shall attain to be equall with two more During which time there have deceased four Emperours As many French Kings Twice so many Bishops of Rome Yea every State in Christendome except Spain have received sundry Successions And for the King of Spain he is waxed so infirm and thereby so Retired as the Report of his Death serveth for every years News whereas her Majesty Thanks be given to God being nothing decayed in vigor of Health and strength was never more able to supply and sustain the weight of her Affairs And is as far as standeth with the Dignity of her Majesties Royall State continually to be Seen to the great comfort and Hearty Ease of her People Secondly we will mention the Blessing of Health I mean generally of the People which was wanting in the Raign of another of these Kings which else deserved to have the second place in Happinesse which is one of the great Favours of God towards any Nation For as there be three Scourges of God War Famine and Pestilence so are there three Benedictions Peace Plenty and Health Whereas therefore this Realm hath been visited in times past with sundry kinds of Mortalities as Pestilences Sweats and other Contagious Diseases it is so that in her Majesties Times being of the continuance aforesaid there was only towards the Beginning of her Raign some Sicknesse between Iune and February in the Citty but not dispersed into any other paâ—t of the Realm as was noted which we call yet the Great Plague Because that though it was nothing so Grievous and so Sweeping as it hath been sundry times heretofore yet it was great in respect of the Health which hath followed since Which hath been such especially of late years as we began to dispute and move Questions of the Causes whereunto it should be ascribed Untill such time as it pleased God to teach us that we ought to ascribe it onely to his Mercy By touching us a little this present year but with a very Gentle Hand And such as it hath pleased him since to remove But certain it is for so many years together notwithstanding the great Pestering of people in Houses The great Multitude of Strangers and the sundry Voiages by Seas All which have been noted to be Causes of Pestilence The Health Vniversall of the People was never so good The third Blessing is that which all the Politick and Fortunate Kings before recited have wanted That is Peace For there was never Forreiner since her Majesties Raign by Invasion or Incursion of Moment that took any footing within the Realm of England One Rebellion there hath been onely but such an one as was repressed within the space of seven weeks And did not wast the Realm so much as by the Destruction or Depopulation of one poor Town And for wars abroad taking in those of Leeth those of New-Haven the second Expedition into Scotland the wars of Spain which I reckon from the year 86 or 87 before which time neither had the King of Spain withdrawn his Embassadours here residing neither had her Majesty received into protection the united Provinces of the Low Countries And the Aid of France They have not occupied in time a third part of her Majesties Râ—ign Nor consumed past two of â—y Noble House whereof France took one and Flanders another And very few besides of Quality or Appearance They have scarce mowed down the overcharge of the People within the Realm It is therefore true that the Kings aforesaid and others her Maiâ—sties Progenitours have been Victorious in their Wars And have made many Famous and Memorable Voyages and Expediâ—tions into sundry parts And that her Majesty contrarywise from the bginning put on a firm Resolution to content her self within those Limits of her Dominions which she received And to entertain Peace with her Neighbour princes which Resolution she hath ever since notwithstanding she hath haâ— Rare Opportunities Iust Claims and pretences and great and mighty Means sought to continue But if this be objected to be the lesse Honourable Fortune I answer that ever amongst the Heathen who held not the Expence of Blood so precious as Christians ought to do The peaceable Government of Augustus Caesar was ever as highly esteemed as the Victories of Iuliuâ— his Uncle and that the Name of Pater Patriae was ever as Honourable as that of propagator Imperii And this I
for the Nobility Touching the Oppression of the People he mentioneth four points 1. The Conâ—umption of People in the Wars 2. The Interruption of Traffick 3. The Corruption of Iustice. 4. The Multitude of Taxations Unto all which points there needeth no long Speech For the first thanks be to God the Benediction of Crescite and Multiplicamini is not so weak upon this Realm of â—ngland but The Population thereof may afford such Losse of Men as were sufficient for the Making our late Wars and were in a perpetuity without being seen either in City or Countrey We â—ead that when the Romans did take Cense of their People whereby the Citizens were numbred by the Poll in the beginning of a great War and afterwards again at the ending there sometimes wanted a Third Part of the Number But let our Muster Books be perused those I say that certifie the Number of all Fighting Men in every Shire of vicesimo of the Queen At what time except a Handfull of Souldiers in the Low Countries we expended no Men in the VVars And now again at this present time there will appear small Diminution There be many Tokens in this Realm rather of Presse and Surcharge of People then of Want and Depopulation which were before recited Besides it is a better Condition of Inward Peace to be accompanied with some Exercise of no Dangerous Warr in Forrain parts then to be utterly without Apprentisage of Warr whereby People grow Effeminate and unpractised when Occasion shall be And it is no small strength unto the Realm that in these Warrs of Exercise and not of Perill so many of our People are trained And so many of our Nobility and Gentlemen have been made Excellent Leaders both by Sea and Land As for that he objecteth we have no Provision for Souldiers at their Return Though that Point hath not been altogether neglected yet I wish with all my Heart that it were more Ample then it is Though I have read and heard that in all Estates upon Casheering and Disbanding of Souldiers many have endured Necessity For the Stopping of Traffique as I referred my Self to the Muster-Books for the First So I refer my Self to the Custome-Books upon this which will not lye And do make Demonstration of no Abatement at all in these last years but rather of Rising and Encrease We know of many in London and other places that are within a small time greatly come up and made Rich by Merchandizing And a Man may speak within his Compasse and affirm That our Prizes by Sea have countervailed any Prizes upon us And as to the Iustice of this Realm it is true that Cunning and Wealâ—h have bred many Sutes and Debates in Law But let those Points be considered The Integrity and Sufficiency of those which supply the Iudiciall places in the Queens Courts The good Laweâ— that have been made in her Majesties time against Informers and Promoters And for the bettering of Trialls The Example of Severity which is used in the Star-chamber in oppressing Forces and Fraâ—des The Diligence and Stoutness that is used by Iustices of Assises in Encountring all Countenancing and Bearing of Causes in the Countrey by their Authorities and Wisedome The great Favours that have been used towards Coppy-holders and Customary Tenants which were in ancient times meerly at the Discretion and Mercy of the Lord And are now continually relieved from hard Dealing in Chancery and other Courts of Equity I say let these and many other Points be considered and Men will worthily conceive an Honourable Opinion of the Iustice of England Now to the Points of Levies and Distributions of Money which he calleth Exactions First very coldly he is not abashed to bring in the Gathering for Paules Steeple and the Lottery Trifles Whereof the former being but a Voluntary Collection of that Men were freely disposed to give never grew to so great a Sum as was sufficient to finish the Work for which it was appointed And so I imagine it was converted into some other use like to that Gathering which was for the Fortifications of Paris save that the Gathering for Paris came to a much greater though as I have heard no competent Sum. And for the Lottery it was but a Novelty devised and followed by some particular persons and onely allowed by the State being as a Gain of Hazzard Wherein if any Gain was it was because many Men thought Scorn after they had fallen from their greater hopes to fetch their odd Money Then he mentioneth Loanes and Privy Seales Wherein he sheweth great Ignorance and Indiscretion considering the Payments back again have been very Good and Certain And much for her Majesties Honour Indeed in other Princes Times it was not wont to be so And therefore though the Name be not so pleasant yet the Vse of them in our Times have been with small Grievance He reckoneth also new Customes upon Cloathes and new Impost upon Wines In that of Cloathes he is deceived For the ancient Rate of Custome upon Cloathes was not raised by her Majesty but by Queen Mary a Catholique Queen And hath been commonly continued by her Majesty Except he mean the Computation of the odd yards which in strict Duty was ever answerable Though the Error were but lately looked into or rather the Tolleration taken away And to that of Wines being a Forrain Merchandize and but a Delicacy and of those which might be forborn there hath been some Encrease of Imposition which can rather make the Price of Wine Higher â—hen the Merchant poorer Lastly touching the Number of Subsidies it is true that her Majesty in respect of her great Charges of her Warrs both by Sea and Land against such a Lord of Treasure as is the King of Spain Having for her part no Indies nor Mines And the Revenues of the Crown of England being such as they lesse grate upon the People then the Revenues of any Crown or State in Europe Hath by the Assent of Parliament according to the ancient Customes of this Realm received divers Subsidies of her People which as they have been employed upon the Defence and preservation of the Subject Not upon Excessive Buildings nor upon Immoderate Donatives Nor upon Triumphs and Pleasures Or any the like veines of Dissipation of Treasure which have been Familiar to many Kings So have they been yielded with great good will and cheerfulness As may appear by other kinds of Benevolence presented to her likewise in Parliament which her Majesty neverthelesse hath not put in Ure They have been Taxed also and Asseissed with a very Light and Gentle Hand And they have been spared as much as may be As may appear in that her Majesty now twice to spare the Subject hath sold of her own Lands But he that shall look into other Countries and conâ—ider the Taxes and Tallages and Impositions and Assises and the like that are every where in use Will find that the English Man is the most
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
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 that it yieldeth at this day to the King the Fruit of a great Revenue But yet notwithstanding if upon the Stemme of this Tree may be raised a Pillar of support to the Crown Permanent and durable as the Marble by investing the Crown with a more ample more certain and more loving Dowry then this of Tenures we hope we propound no Matter of Disservice But to speak distinctly of both and first of Honour Wherein I pray your Lordships give me leave in a Subject that may seem supra Nos to handle it rather as we are capable then as the Matter perhaps may require Your Lordships well know the various Mixture and Composition of our House We have in our House learned Civilians that profess a Law that we reverence and sometimes consult wiâ—h They can tell us that all the Laws de Feodis are but Additionals to the Ancient Civill Law And that the Roman Emperours in the full Heigth of their Monarchy never knew them So that they are not Impâ—riall We have grave Professours of the Common Law who will define unto us that those are Parts of Soveraignty and of the Royall Prerogative which cannot be communicated with Subjects But for Tenures in substance there is none of your Lordships but have them And few of us but have them The King indeed hath a priority or first Service of his Tenures which shewes that they are not Regall nor any point of Soveraignty We have Gentlemen of honourable Service in the Wars both by Sea and Land Who can enform us that when it is in question who shall set his foot foremost towards the Enemy it is never asked whether he hold in Knights Service or in Socage So have we many Deputy Lievtenants to your Lordships And many Commissioners that have been for Musters and Levies That can tell us that the Service and Defence of the Realm hath in these dayes little dependance upon Tenures So then we perceive that it is no Bond or Ligament of Governmeâ—t No Spur of Honour No Bridle of Obedience Time was when it had other uses and the Name of Knights Service imports it But Vocabula manent Res fugiunt But all thiâ— which we have spoken we confess to be but in a vulgar Capacity which nevertheless may serve for our Excuse Though we submit the Thing it self wholy to his Majesties Judgement For Matter of Conscience Far be it from us to cast in any Thing willingly that may trouble that clear Fountain of his Majesties conscience We do confess it is a noble Protection that these young Birds of the Nobility and good Families should be gaâ—hered and clocked under the wings of the Crown But yet Natuâ—rae vis maxima And suus cuique discretus sanguis Your Lordships wilâ—â—avour me to observe my former Methode The Common Law it self which is the best Bounds of our wisdom doth even in hoc Individuo prefer the prerogative of the Father before the prerogative of the King For if Lands descend held in chief from an Ancestour on the part of a Mother to a Mans eldest Son the Father being alive The Father shall have the Custody of the Body and not the King It is true that this is only for the Father And not any other Parent or Ancestour But then if you look to the high Law of Tutelage and Protection And of Obedience and Duty which is the Relative thereunto It is not said Honour thy Father alone But Honour thy Father and thy Mother c. Again the Civilians can tell us that there was a speciall Use of the Pretorian Power for Pupills and yet no Tenures The Citizens of London can tell us There be Courts of Orphants and yet no Tenures But all this while we pray your Lordships to conceive That we think our selves not competent to discern of the Honour of his Majesties Crown or the Shrine of his Conscience But leave it wholy unto him and alledge these things but in our own Excuse For Matter of Petition we do continue our most humble suit by your Lordships loving Conjunction that his Majesty will be pleaseâ— to open unto us this entrance of his Bounty and Grace As to give us liberty to treat And lastly we know his Majestieâ— Times are not subordinate at all but to the Globe above About this time the Sun hath got even with the Night and will rise apace And we know Solomons Temple whereof your Lordship my Lord Treasurer spake was not built in a day And if We shall be so happy as to take the Axe to hew and the Hammer to frame in this Case We know it cannot be without Time And therefore as far as we may with Duty and without Importunity we most humbly deâ—ire an Acceleration of his Majesties Answer according to his good time and Royall Pleasure A Speech of the Kings Sollicitor perswading the House of Commons to desist from further Question of receiving the Kings Messages by their Speaker And from the Body of the Councell As well as from the Kings Person In the Parliament 7o. Jac. IT is my Desire that if any the Kings Business either of Honour or Profit shall pass the House It may be not onely with externall prevailing But with satisfaction of the Inward Man For in Consent where Tongue strings not Hart-strings make the Musick That Harmony may end in Discord To this I shall alwayes bend my Endeavours The Kings Soveraignty and the Liberty of Parliament are as the two Elements and Principles of this Estate which though the one be more Active the other more Pasâ—ive yet they do not crosse or destroy the one the other But they strengthen and maintain the one the other Take away Liberty of Parliament the Griefes of the Subject will bleed inwards Sharp and Eager Humours will not evaporate And then they must exulcerate and so may indanger the Soveraignty it self On the other side if the Kings Soveraignty receive Diminution or any Degree of Contempt with usâ— that are born under an Hereditary Monarchy So as the Motions of our Estate cannot work in any other Frame or Engine It must follow that we shall be a Meteore or Corpus imperfectè mistum which kind of Bodies come speedily to Confusion and Dissolution And herein it is our Happinesse that we may make the same Judgement of the King which Tacitus made of Nerva Divus Nerva res olim Dissociabiles miscuit Imperium Libertatem Nerva did temper things that before were thought incompatible Soveraignty and Liberty And it is not amisâ—e in a great Councell and a great Cause to put the other part of the Difference which was significantly expressed by the Judgement which Apollonius made of Nero which was thus When Vespasian came out of Iudea towards Italy to receive the Empire As he passed by Alexandria he spake with Apollonius A Man much admired And asked him a Question of State What was Nero's Fall or overthrow Apollonius said Nero could tune the Harp well but in
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
strait-way think with himself Doth this Man beleeve what he saith Or not beleeving it doth he think it possible to make us beleeve it Surely in my conceit neither of both But his End no doubt was to round the Pope and the King of Spain in the Eare by seeming to tell a Tale to the People of England For such Bookes are ever wont to be translated into diverse Languages And no doubt the Man was not so simple as to think he could perswade the People of England the Contrary of what they tast and feele But he thought he might better abuse the States abroad if he directed his Speech to them who could best convict him and disprove him if he said untrue So that as Livy saith in the like case AEtolos magis coram quibus verba facerent quam ad quos pensi habere That the Aaetolians in their Tale did more respect those which did over-hear them then those to whom they directed their Speech So in this matter this Fellow cared not to be counted a Lier by all English upon Price of Deceiving of Spain and Italy For it must be understood that it hath been the generall Practise of this kind of Men many years of the one side to abuse the forraine Estates by making them believe that all is out of Joynt and Ruinous here in England And that there is a great part ready to joyn with the Invader And on the other side to make the Evill Subjects of England believe of great Preparations abroad and in great readinesse to be put in Act And so to deceive on both sides And this I take to be his Principall Drift So again it is an extravagant and incredible Conceit to Imagine that all the Conclusions and Actions of Estate which have passed during her Majesties Raign should be ascribed to one Counseller alone And to such an one as was never noted for an Imperious or Over-ruling Man And to say that though He carried them not by Violence yet he compassed them by Devise There is no Man of Iudgement that looketh into the Nature of these Times but will easily descry that the Wits of these Dayes are too much refined for any Man to walk Invisible Or to make all the World his Instruments And therefore no not in this point assuredly the Libeller spake as he thought But this he foresaw That the Imputation of Cunning doth breed Suspicion And the Imputation of Greatnesse and Sway doth breed Envy And therefore finding where he was most wrung and by whose pollicyâ— and Experience their plots were most crossed the mark he shot at was to see whether he could heave at his Lordships Authority by making him suspected to the Queen or generally odious to the Realm Knowing well enough for the one point that there are not only Iealousies but certain Revolutions in Princes Minds So that it is a rare Vertue in the Rarest Princes to continue constant to the End in their Favours and Employments And knowing for the other point that Envy ever accompanieth Greatness though never so well deserved And that his Lordship hath alwaies marched a Round and a Reall Course in service And as he hath not moved Envy by Pomp and Ostentation so hath he never extinguished it by any Popular or Insinuâ—tive Carriage of Himself And this no doubt was his Second Driâ—t A Third Drift was to assay if he could supplant and weaken by this violent kind of Libelling and turning the whole Imputation upon his Lordship his Resolution and Courage And to make him proceedâ— more cautelously and not so throughly and strongly against them Knowing his Lordship to be a Politick Man and one that hath a great Stake to leese Lastly least while I discover Cunning and Art of this Fellow I should make him wiser then he was I think a great part of this Book was Passion Difficile est tacere cùm doleas The Humours of these Men being of themselves eager and Fierce have by the Abort and Blasting of their Hopes been blinded and enraged And surely this Book is of all that Sort that have been written of the meanest work-man-ship Being fraughted with sundry base Scoffs and cold Amplifications and other Characters of Despite But void of all Iudgement or Ornament 2. Of the presents Estate of this Realm of England whether it may be truly avouched to be prosperous or Afflicted THe Benefits of Almighty God upon this Land since the time that in his singular providence he led as it were by the hand and placed in the Kingdome his Servant our Queen Elizabeth are such as not in Boasting or in Confidence of our selves but in praise of his Holy Name are worthy to be both considered and confessed yea and registred in perpetuall Memory Notwithstanding I mean not after the manner of a Panegyrique to Extoll the present Time It shall suffice onely that those Men that through the Gall and Bitterness of their own Heart have lost their Tast and Iudgement And would deprive God of his Glory and us of our sences in affirming our Condition to be Miserable and â—ull of Tokens of the Wrath and Indignation of God be reproved If then it be true that Nemo est Miser aut Felix nisi comparatus Whether we shall keeping our selves within the Compasse of our own Island look into the Memories of Times past Or at this present time take a view of other States abroad in Europe We shall â—ind that we need not give place to the Happinesse either of Ancestours or Neighboursâ— For if a Man weigh well all the Parts of State and Religion Lawes Aministration of Iustice Pollicy of Government Manners Civility Learning and Liberall Sciences Industry and Manuall Arts Armes and Provisions of Wars for Sea and Land Treasure Traffique Improvement of the Soyle Population Honour and Reputation It will appear that taking one part with Another the State of this Nation was never more Flourishing It is easie to call to Remembrance out of Histories the Kings of England which have in more ancient times enjoyed greatest Happinesse Besides her Majesties Father and Grand father that raigned in rare Felicity as is fresh in Memory They have been K. Henry 1. K Hen 2. K. Hen. 3. King Edw the 1. K. Edw. the 3. K. Henry the 5. All which have been Princes of Royall Vertue Great Felicity and Famous Memory But it may be truly affirmed without derogation to any of these worthy Princes that whatsoever we find in Libels there is not to be found in the English Chronicles a King that hath in all respects laid together raigned with such Felicity as her Majesty hath done For as for the First 3. Henries The First came in too soon after a Conquest The Second too soon after an Vsurpation And the Third too soon after a League or Barons War To raign with Security and Contentation King H. 1. also had unnaturall Wars with his Brother Robert wherein much Nobility was consumed He had therewithall tedious Wars in Wales
adde further that during this inward Peace of so many years in the Actions of War before mentioned which her Majesty either in her own Defence or in Iust and Honourable Aides hath undertaken The Service hath been such as hath carried no Note of a People whose Militia were degenerated through Long Peace But hath every way answered the ancient Reputation of the English Arms. The fourth Blessing is Plenty and Abundance And firstâ— for Grain and all Victualls there cannot be more evident Proof of the Plenty then this That whereas England was wont to be â—ed by oâ—her Countries from the East it sufficeth now to feed other Countries So as we do mâ—ny times transport and serve sundry Forrain Countries And yet there was never the like Multitude of People to eat iâ— within the Realm Another evident Proof thereâ—f may be that the good yields of Corn which have been together with some Tolleration of Vent hath of late time invited and enticed Men to break up more Ground and to convert it to Tillage then all the Penal Laws for that purpose made and enacted could ever by Compulsion effect A third Proof may be that the Prices of Grain and Victuall were never of late years more Reasonable Now for Arguments of the great wealth in all other Respects let the Points following be considered There was never the like Number of fair and Stately Hâ—uses as have been built and set up from the Ground since her Majesties Raign Insomuch that there have been reckoned in one Shire that is not great to the Number of 33 Which have been all new built within that time And whereof the Meanest was never built for two Thousand pounds There were never the like Pleasures of goodly Gardens and Orchards Walks Pooles and Parks as do adorn almost every Mansion House There was never the like Number of Beautifull and Costly Tombes and Monuments which are erected in sundry Churches in Honourable Memory of the Dead There was never the like Quantity of Plate Iewels Sumptuous Moveables and Stuff as is now within the Realm There was never the like Quantity of Wast and unprofitable Ground Inned Reclaimed and Improved There was never the like Husbanding of all Sorts of Groundâ— by Fencing Manuring and all kinds of good Husbandry The Towns were never better built nor peopled Nor the principall Faires and Markets never better customed nor frequented The Commodities and Ease of Rivers cut by hand and brought into a new Channell Of Peeres that have been built Of Waters that have been forced and brought against the Ground were never so many There was never so many excellent Artificers nor so many new Handy-Crafts used and exercised Nor new Commodities made witâ—in the Realm Sugar Paper Glasse Copper divers Silks and the like There was never such Compleat and Honourable Provision of Horse Armour Weapons Ordnance of the Warr. The Fifth Blessing hath been the great Population and Multitude of Families encreased within her Majesties dayes For which Point I refer my Self to the Proclamations of Restraint of Building in London The Inhibition of Inmates of sundry Citties The Restraint of Cottages by Act of Parliament And sundry other Tokens of Record of the Surcharge of People Besides these parts of a Government blessed from God wherein the Condition of the People hath been more happy in her Majesties Times then in the Times of her Progenitours There are certain Singularities and Particulars of her Majesties Raign whereiâ— I do not say that we have enjoyed them in a more ample Degree and Proportion then in former Ages As it hath fallen out in the Points before mentioned But such as were in Effect unknown and untasted heretofore As first the Purity of Religion which is a Benefit Inestimable And was in the time of all former Princes untill the dayes of her Majesties Father of Famous Memory unheard of Out of which Purity of Religion have since ensued beside the principall Effect of the true Knowledge and Worship of God three Points of great Consequence unto the Civill Estate One the stay of a mighty Treasure within the Realm which in foretimes was drawn sorth to Rome Another the Dispersingâ— and Distributionâ— of those Revenues Amounting to a Third part of the Land of the Realm And that of the goodliest and the richest sort which heretofore was unproâ—itably spent in Monasteries Into such Hands as by whom the Realm receiveth at this day Service and Strength And many Great Houses have been set up and augmented The Third the Mannaging and Enfrâ—nchising of the Regall Dignity from the Recognition of a Forraign Superior All which Points though begun by her Father and continued by her Brother were yet neverthelesse â—fter an Eclipse or Inteâ—mission Restored and Reestablished by her Majesties Self Secondly the Fineness of Money For as the Purging away of the Drosse of Religion the Heavenly Treasure was common to her Majesty with her Father and her Brother So the Purging of the Baâ—e Monâ—y the â—arthly Treasure hath been altogether proper to her Majesties own Times Whereby our Moneys bearing the Naturall Estimation of the Stamp or Mark both every Man resteth assured of his own vallew and free from the losses and Deceits which fall out in other places upon the Rising and Falling of Moneys Thirdly the Might of the Navy and Augmentation of the Shipping of the Realm which by politique Constitutions for Maintenance of â—ishing And the Encouragement and Assistance given to the undertakers of New Discoveries and Trades by Sea is so advanced as this Island is become as the Naturall Scite thereof deserveth the Lady of the Sea Now to passe from the Comparison of Time to the Comparison of place We may find in the States abroad Cause of Pitty and Compassion in some But of Envy or Emulation in none Our Condition being by the good Favour of God not Inferiour to anâ— The Kingdome of France which by reason of the Seat of the Empire of the West was wont to have the precedence of the Kingdomes of Europe is now fallen into those Calamities that as the Prophet saith From the Crown of the Head to the Soal of the Foot there is no whole place The Divisions are so many and so intricate of Protestants and Catholicks Royalists and Leaguers Burbonists and Lorainists Patriots and Spanish As it seemeth God hath some great Work to bring to passe upon that Nation yea the Nobility divided from the Third Estate And the Towns from the Field All which Miseries truly to speak have been wrought by Spain and the Spanish Faction The Low-Countries which were within the Age of a young Man the Richest the best Peopled and the best Built Plots of Europe are in such Estate as a Countrey is like to be in that hath been the Seat of thirty years War And although the Sea-Provinces be rather encreased in Wealth and Shipping then otherwise yet they cannot but mourn for their Distraction from
Athenians could rest which was if the Deputies of the Lacedemonians could make it plain unto them that after these and these things parted withall the Lacedemonians should not be able to hurt them though they would So it is with us As we have not justly provoked the Hatred or Enmity of any other State so howsoever that be I know not at this time the Enemy that hath the Power to offend us though he had the Will And whether we have given just Cause of Quarrell or Offence it shall be afterwards touched in the feurth Article Touching the true Causes of the Disturbance of the Quiet of Christenâ—ome As far as it is fit to justifie the Actions of so High a Prince upon the Occasion of such a Libell as this But now concerning the Power and Forces of any Enemy I do find that England hath sometimes apprehended with Jealousie the Confederation between France and Scotland The one being upon the same Continent that we are and breeding a Souldier of Puissance and Courage not much differing from the English The other a Kingdom very Opulent and thereby able to sustain Wars though at very great Charge And having a brave Nobility And being a Near Neighbour And yet of this Conjuncâ—ion there never came any Offence of Moment But Scotland was ever rather used by France as a Diversion of an English Invasion upon France then as a Commodity of a French Invasion upon England I confesse also that since the Vnions of the Kingdom of Spain and during the time the Kingdom of France was in his Entire A Conjunction of those two potent Kingdoms against us might have been of some Terrour to us But now it is evident that the State of France is such as both those Conjunctions are become Impossible It resteth that either Spain with Scotland should offend us or Spain alone For Scotland thanks be to God the Amity and Intelligence is so sound and secret between the the two Crowns Being strengthened by Consent in Religion Nearnesse of Blood and Continuall good Offices reciprocally on either side as the Spaniard himself in his own Plot â—hinketh it easier to alter and overthrow the present State of Scotland then to remove and divide it from the Amity of England So as it must be Spain alone that we should fear which should seem by reason of his Spacious Dominions to be a great Over-match The Conceit whereof maketh me call to mind the Resemblance of an Ancient writer in Physick who labouring to perswade that a Physician should not doubt sometimes to purge his Patient though he see him very weak Entreth into a Distinction of Weakness and saith there is a Weakness of Spirit and a Weakness of Body The latter whereof he compareth unto a man that were otherwise very strong but had a great pack on his Neck So greatâ— as made him double again So as one might thrust him down with his Finger Which Similitude and Distinction both may be fitly applyed to matter of State For some States are Weak through want of Means and some VVeak through Excesse of Burthen In which rank I do place the State of Spain which having outcompassed it self in embracing too much And being it self but a barren Seed-plot of Souldiers And much Decayed and Exhausted of Men by the Indies and by continuall wars and so to the State of their Treasure being endebted and engaged before such times as they waged so great Forces in France And therefore much more since Is not in brief an Enemy to be feared by a Nation Seated Manned Furnished and Pollyced as is England Neither is this spoken by guesse For the Experience was Substantiall enough and of Fresh Memoâ—y in the late Enterprise of Spain upon England What Time all that Goodly Shipping which in that Voyage was consumed was Compleat what Time his Forces in the Low Countries was also full and Entire which now are wasted to a fourth part What time also he was not entangled with the Matters of France But was rather like to receive Assistance then Impediment from his Friends there In respect of the great Vigour wherein the League then was while the Duke of Guise then lived and yet neverthelesse this great preparation passed away like a Dream The Invincible Navy neither took any one Barque of ours Neither yet once offered to land But after they had been well Beaten and Chased made a Perambulation about the Northern Seas Ennobling many Coasts with VVracks of Mighty ships and so returned home with greater Derision then they set forth with Expectation So as we shall not need much Confederacies and Succours which he saith we want for the breaking of the Spanish Invasion No though the Spaniard should nestle in Brittain and supplant the French and get some Port-Townes into their hands there which is yet far off yet shall he never be so commodiously seated to annoy us as if he had kept the Low-Countries And we shall rather fear Him as a wrangling Neighbour that may Trespass now and then upon some Stragling ships of ours then as an Invader And as for our Confederacies God hath given us both Meanes and Minds to tender and relieve the States of others And therefore our Confederacies are rather of Honour then such as we depend upon And yet nevertheless the Apostata's and Huguonets of France on the one part For so he termeth the whole Nobility in a manner of France Among the which a great part is of his own Religion which maintain the clear and unblemished Title of their Lawfull and Naturall King against the seditious popular And the Beere-Brewers and Basket-Makers of Holland and Zealand As he also termes them on the other have almost banded away between them all the Duke of Parma's Forces And I suppose the very Mines of the Indies will go low or ever the one be Ruined or the other recovered Neither again desire we better Confederacies and Leagues then Spain it self hath provided for us Non enim verbis faedera confirmantur sed jisdem vtilitatibus We know to how many States the King of Spain is odious and suspected And for our selves we have incensed none by our Injuries Nor made any Jealous of our Ambition These are in Rules of Pollicy the Firmest Contracts Let thus much be said in Answer of the Second Branch concerning the Number of Exteriour Enemies Wherein my Meaning is nothing lesse then to attribute our Felicity to our Pollicy Or to nourish our selves in the Humour of Security But I hope we shall depend upon God and be vigilent And then it will be seen to what end these False Alarums will come In the Third Branch of the Miseries of England he taketh upon him to play the Prophet as he hath in all the rest play'd the Poet And will needes Divine or Prognosticate the great Troubles whreunto this Realm shall fall after her Majesties Times As if he that hath so singular a Gift in Lying of the present Time and Times past had
England brake forth Who but the Duke of Alva then the Kings Lievetenant in the Low-Countries and Don Guerres of Espes then his Embassador Lieger here were discovered to be chief Instruments and Practisers Having complotted with the Duke of Norfolk at the same time As was proved at the same Dukes Condemnation that an Army of 20000. Men should have landed at Harwich in aid of that Part which the said Duke had made within the Realm And the said Duke having spent and imployed 150000. Crownes in that Preparation Not contented thus to have consorted and assisted her Majesties Rebells in England He procured a Rebellion in Ireland Arming and Sending thither in the year 1579 an Arch-Rebell of that Country Iames Fitz Morrice which before was fled And truly to speak the whole course of Molestation which her Majesty hath received in that Realm by the Rising and Keeping on of the Irish hath been nourished and fomented from Spainâ— but afterwards most apparently in the year 1580 he invaded the same Ireland with Spaâ—ish Forces under an Italian Colonell By Name San Iesopho being but the Fore-runners of a greater Power Which by Treaty between Him and the Pope should have followed But that by the speedy Defeat of those former they were discouraged to pursue the Action Which Invasion was proved to be done by the Kings own Orders both by the Letters of Secretary Escouedo and of Guerres to the King And also by divers other Letters wherein the particular Conferences were set down concerning this Enterprise between Cardinall Riario the Popes Legate and the Kings Deputy in Spain Touching the Generall the Number of Men the Contribution of Money and the Manner of the Prosecuting of the Action And by the Confession of some of the Chiefest of those that were taken Prisoners at the Fort Which Act being an Act of Appaâ—rent â—ostility added unto all the Injuries aforesaid And accompanied with a continuall Receit Comfort and Countenance by Audâ—ences Pensions and Employments which he gave to Traytours and Fugitives both English and Irish As Westmerlâ—nd Paget Englâ—field Baltinglasse and Numbers of others Did sufficiently jusâ—ifie and warrant that pursuit of Revenge which either in the Spâ—yl of Carthagena and San Domingo in the Indies by Mr Drakâ— Or in the undertaking the protection of the Low-Counâ—reysâ— whâ—n the Earl of Leicester was sent over afterwards follâ—wed For befoâ—e that time her Majesty though she stood upon her Guard in respect of the just Cause of Jealousie which tâ—e Sundry Injuries of that King gave her yet had entred into no Oâ—â—ensiâ—e Acâ—ion against Him For â—oth the Voluntary Forces which Don Antonio had collected in this Realm were by express commandâ—ment restrained And Offer was made of Restitution to the Spanish Embassadour of such Treasure as had been bâ—ought into this Realm upon Proof that it had been taken by â—rong And the Duke of Anjou was as much as could stand with the near Treaty of a Marriage which then was very foâ—waâ—d between her Majesty and the said Duke Diverted from the Enterprise of â—landers But to conclude this Point when that some yeares after the Invasion and Conquest of thâ—s Land Intended long before but through many Crosses aâ—d Impediments which the King oâ— Spain found in his Plots deferred Was in the year 1588 attempted Her Majesty not forgetting her own Nature was content at the same Instant to Treat of a Peace Not ignorantly as a Prince that knew not in what forwardness his preparations were For she had discovered them long before Nor fearfully as may appear by the Articles whereupon her Majesty in that Treaty stood which were not the Demands of a Prince afraid But onely to spare the shedding of Christian Bloud And to shew her constant Desire to make her Raign Renowned rather by Peace then victories which Peace was on her part treated sincerely But on his part as it should seem was but an Abuse Thinking thereby to have taken us more unprovided So that the Duke of Parma not liking to be used as an Instrument in such a Case in regard of his particular Honour would sometimes in Treating interlace That the King his Master ment to make his Peace With his Sword in his Hand Let it then be tried upon an indifferent view of the proceedings of England and Spain Who it is that Fisheth in Troubled Waters And hath disturbed the Peace of Christendome And hath written and described all his Plots in Bloud There follow the Articles of an Vniversall Peace which the Libeller as a Commissioner for the Estate of England hath propounded and are these First that the King of Spain should recall such Forces as of great compassion to the Naturall People of France he hath sent thither to defend them against a Relapsed Huguonott Secondly that he suffer his Rebells of Holland and Zeland quietly to possesse the places they hold And to take unto them all the Rest of the Low-Countries also Conditionally that the English may still keep the possession of such Port-Towns as they have and have some half a dozen more annexed unto them Thirdly thâ—t the English Rovers mought peaceably go to his Indies And there take away his Treasure and his Indies also And thâ—se Articles being accorded he saith might follow that Peace which passeth all understanding As he calleth it in a scurrile and prophane Mockery of the Peace which Christians enjoy with God by the Attonement which is made by the Bloud of Christ whereof the Apostle saith That it passeth all understanding But these his Articles are sure mistaken And indeed corrected are briefly these 1. That the King of France be not impeached in Reducing his Rebels to obedience 2. That the Netherlands be suffered to enjoy their Ancient Liberties and Priviledges And so Forces of Strangers to be with-drawn both English and Spanish 3. That all Nations may trade into the East and West Indies yea discover and occupy such parts as the Spaniard doth not actually possesse And are not under Civill Government notwithstanding any Donation of the Pope 5. Of the Cunning of the Libeller in Palliation of his malicious Invectives against her Majesty and the State with pretence of Taxing onely the Actions of the Lord Burghley I Cannot rightly call this Point Cunning in the Libeller but rather good will to be Cunning without skill indeed or Judgement For finding that it had been the Usuall and Ready practise of Seditious Subjects to plant and bend their Invectives and Clamours Not against the Soveraigns themselves but against some such as had Grace with them and Authorities under them He put in ure his Learning in a wrong and unproper Case For this hath some Appearance to cover undutifull Invectives when it is used against Favourites or New Vpstarts and suddain-risen Counsellours But when it shall be practised against One that hath been Counsellour before her Majesties Time And hath continued longer Counsellour then any other Couâ—sâ—llâ—ur in Europe One that must needs have been Great
and others It is not the least that divers do adventure to handle the Word of God which are unfit and unworthy And herein I would have no man mistake me as if I did extoll curious and affected Preaching which is as much on the other side to be disliked And breedeth Atheism and Scandall as well as the other For who would not be offended at one that cometh into the Pulpit as if he came upon the Stage to play Parts or Prizes Neither on the other side as if I would discourage any who hath any tollerable Gift But upon this Point I ground three Considerations First whether it were not requisite to renew that good Exercise which was practised in this Church some years And afterwards put down by order indeed from the Church In regard of some Abuse thereof Inconvenient for those Times And yet against the Advice and Opinion of one of the Greatest and Gravest Prelates of this Land And was commonly called Prophecying Which was this That the Ministers within a Precinct did meet upon a week day in some principall Town where there was some ancient Grand Minister that was President And an Auditory admitted of Gentlemen or other Persons of Leysure Then every Minister successively beginning with the youngest did handle one and the same part of Scripture spendâ—ng severally some Quarter of an Hour or better And in the whole some two Hours And so the Exercise being begun and concluded with Prayer And the President giving a Text for the next meeting the Assembly was dissolved And this was as I take it a Forthnights Exercise which in my Opinion was the best way to frame and train up Preachers to handle the Word of God as it ought to be handled that hath been practised For we see Oratours have their Declamations Lawyers have their Moots Logicians their Sophems And every practise of Science hath an Exercise of Erudition and initiation before Men come to the Life Onely Preaching which is the worthiest And wherein it is most danger to be amisse Wanteth an Introduction and is ventred and rushed upon at the first But unto this Exercise of the Prophecy I would wish these two Additions The one that after this Exercise which is in some sort Publick there were immediately a Private Meeting of the same Ministers Where they might brotherly admonish the one the other And specially the elder sort the younger of any Thing that had passed in the Exercise in Matter or Manner unsound and uncomely And in a word might mutually use such Advise Instruction Comfort or Encouragement as Occasion might minister For publick Reprehension were to be debarred The other Addition that I mean is That the same Exercise were used in the Vniversities for young Divines before they presumed to Preach as well as in the Countrey for Ministers For they have in some Colledges an Exercise called a Common Place Which can in no Degree be so profitable being but the Speech of one Man at one time And if it be feared that it may be Occasion to whet Mens Speeches for Controversies it is easily remedied by some strict Prohibition that Matters of Controversie tending any way to the violating or Disquieting the Peace of the Church be not handled or entred into Which Prohibition in regard there is ever to be a Grave person President or Moderatour cannot be frustrate The second Consideration is whether it were not convenient there should be a more exact Probation and Examination of Ministers Namely that the Bishops do not ordain alone but by Advise And then that Ancient Holy Orders of the Church might be revived By the which the Bishop did ordain Ministers but at foure set times of the year which were called Quatuor Tempora which are now called Ember-weeks It being thought fit to accompany so High an Action with generall Fasting and Prayer and Sermons and all Holy Exercises And the Names likewise of those that were to be Ordained were published some dayes before their Ordination To the end Exceptions might be taken if just Cause were The Third Consideration is that if the Case of the Church of England be that where a Computation is taken of all the Parochian Churches allowing the Vnion of such as were too small and adjacent And again a Computation to be taken of the persons who are worthy to be Pastours And upon the said Account if it fall out that there are many more Churches then Pastours Then of Necessity Recourse must be had to one of these Remedies Either that Pluralities must be allowed specially if you can by permutation make the Benefices more compatible Or that there be Allowed Preachers to have a more generall Charge to supply and serve by turn Parishes unfurnished For that some Churches should be provided of Pastours able to teach and others wholy Destitute seemeth to me to be against the Communion of Saints and Christians And against the Practice of the Primitive Church Touching the Abuse of Excommunication EXcommunication is the greatest Iudgement upon Earth Being that which is ratified in Heaven And being a Precursory or Prelusory Iudgement of the great Iudgement of Christ in the End of the World And therefore for this to be used unreverently and to be made an Ordinary Processe to lackey up and down for Fees how can it be without Derogation to Gods Honour and making the power of the Keyes contemptible I know very well the Defence thereof which hath no great Force That it issueth forth not for the Thing it self but for the Contumacy I do not deny but this Iudgement is as I said before of the Nature of Gods Iudgements of the which it is a Modell For as the Iudgement of God taketh hold upon the least sin of the Impenitent And taketh no hold of the greatest Sin of the Convert or Penitent So Excommunication may in case issue upon the smallest Offence And in Case not issue upon the greatest But is this Contumacy such a Contumacy as Excommunication is now used for For the Contumacy must be such as the Party as far as the Eye and Wisdom of the Church can discern standeth in State of Reprobation and Damnation As one that for that time seemeth given over to Finall Impenitency Upon this Observation I ground two Considerations The one that this Censure be restored to the true Dignity and Vse thereof which is that it proceed not but in Causes of great weight And that it be decreed not by any Deputy or Substitute of the Bishop but by the Bishop in Person And not by him alone but by the Bishop Assisted The other Consideration is That in liew thereof there be given to the Ecclesiasticall Court some ordinary Processe with such Force and Coercion as appertaineth That so the Dignity of so high a Sentence being retained and the Necessity of Mean Processe supplyed the Church may be indeed restored to the Ancient Vigour and Splendour To this purpose joyn'd with some other Holy and Good purposes was there a
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
I rendâ—r you no less kinde Thanks for your aid and Favour towards him than if it had been for my Self Assuring you that this Bond of Alliance shall on my part tye me to give all the Tribute to your good Fortune upon all occasions that my poor Strâ—ngth can yield I send you so required an Abstract of the Lands of Inheritance And one Lease of great value which my Kinsman bringeth with a Note of the Tenures Valews Contents and State truly and perfectly drawen whereby you may perceive the Land is good Land and well countenanced by scope of Acres â—oods and Royalties Though the Total of the Rents be set down as it now goeth without Improvement In which respâ—ct it may somewhat differ from your first Note Out of this what he will assure in Ioincture I leave it to his own kindness For I love not to measure Affection To conclude I doubt not your Daughter mought have married to a better Living but never to a better Life Having chosen a Gentleman bred to all Honesty Vertue and Worth with an Estate convenient And if my Brother or my Self were either Thrivers or Fortunate in the Queens Service I would hope there should be left as great an House of the Cookes in this Gentleman as in your good Friend Mr. Atturney General But sure I am if Scriptures fail not it will have as much of Gods Blessing and Sufficiency is ever the best Feast c. To Sir Robert Cecil at his Being in France It may please your Honourable Lordship I Know you will pardon this my Observance in writing to you empty of matter but out of the fulness of my Love I am sorry that as your time of Absence is prolonged above that was esteemed at your Lordships setting forth So now upon this last Advertisement received from you there groweth an Opinion amongst better than the vulgar that the Difficulties also of your Neâ—otiation are encreased But because I know the Gravity of your Nature to be not to hope lightly it maketh me to despair the less For you are Natus ad Ardua And the Indisposition of the Subject may honour the Skill of the Workman Sure I am â—udgement and Diligence shall not want in your Lordships Self But this was not my purpose Being onely to signifie unto your Lordship my continual and incessant love towards you thirsting after your Return for many respects So I commend you ever to the good preservation of the Divine Majesty Grayes Inne At your Honours Commandement ever and particularly To Sir Robert Cecil My singulâ—r good Lord THe Argument of my Letters to your Lordship rather encreaseth than spendeth It being only the Desire I have to salute you which by your absence is more augmented than abated For me to write your Lordship Occurrences either of Scotish Braggs or Irish Plaints or Spanish Ruffling or Low-Countrey States were besides that it is alienum quiddam from mine own humour To forget to whom I write save that you that know true Advertisements sometimes desire and delight to hear common Reports As we that know but common Reports desire to hear the Truth But to leave such as write to your Fortunes I write to your self in regard of my love to you you being as near to me in Hearts Bloud as in Bloud of Descent This day I had the Contentment to see your Father upon Occasion And methought his Lordships Countenance was not decayed nor his Cough vehement But his Voice was as faint all the while as at first Thus wishing your Lordship a happy and speedy Return I commend you to the Divine Majesty To the Queen It may please your sacred Majesty I Would not fail to give your Majesty my most humble and due Thanks for your Royal choice of such Commissioners in the great Starre-chamber Cause Being persons besides their Honour of such Science and Integrity By whose Report I doubt not but your Majesty will finde that which you have been heretofore enfotmed both by my Lord Keeper and by some much meaner person touching the Nature of that Cause to be true This preparatory Hearing doth already assail me with new and enlarged Offers of Composition which if I had born a minde to have hearkned unto this matter had been quenched long agoe without any benefit to your Majesty But your Majesties Benefit is to me in greater regard than mine own particular Trusting to your Majesties gracious disposition and Royal word that your Majesty will include me in any extraordinary Course of your Soveraign pleasure which your Majesty shall like to take in this Cause The other Man I spoke to your Majesty of may within these two Terms be in the same streights between your Majesties Justice and Mercy that this Man now is if your Majesty be so pleased So most humbly craving pardon for my presuming to seek accesse for these few Lines I recommend your Majesty to the most precious Custody and best preservation of the Divine Majesty Your Majesties most humble and entirely obedient Servant and Subject To the Queen It may please your Majesty IT were great simplicity in me to look for better than that your Majesty should cast away my Letter as you have done Me were it not that it is possible your Majesty will think to find somewhat in it whereupon your displeasure may take hold And so Indignation may obtain that of you which Favour could not Neither mought I in reason presume to offer unto your Majesty dead lines my self being excluded as I am Were it not upon this onely Argument or Subject Namely to clear my self in point of Duty Duty though my State lye buried in the Sands And my Favours be cast upon the Waters And my Honours be committed to the Wind Yet standeth surely built upon the Rock and hath been and ever shall be unforced and unattempted And therefore since the World out of Errour and your Majesty I fear out of Art is pleased to put upon me That I have so much as any Election or Will in this my Absence from Attendance I cannot but leave this Protestation with your Majesty That I am and have been meerly a patient and take my self onely to obey and execute your Majesties will And indeed Madam I had never thought it possible that your Majesty could have so dis-interessed your self of me Nor that you had been so perfect in the Art of forgetting Nor that after a Quintessence of Wormwood your Majesty would have taken so large a Draught of Poppy As to have passed so many Summers without all Feeling of my Sufferings But the onely Comfort I have is this that I know your Majesty taketh Delight and Contentment in executing this Disgrace upon me And since your Majesty can find no other use of me I am glad yet I can serve for that Thus making my most humble petition to your Majesty that in Justice Howsoever you may by strangeness untye or by violence cut Asunder all other Knotts your Majesty would
invite me to it I should have been thought both Incompatible and Backward in her Majesties Service I say not this for that I think the Action such as it were Disadvantage to be thought the Projector of it But I say and say truly that my Lord Admiral devised it presented it to her Majesty and had as well the Approbation of her Majesty and the Assent of such of your Lordships as were acquainted with it as my Promise to goe with him One thing I confess I above all Men am to be charged withall That is That when her Majesties the Cities of London and the States of the Low-Countries charge was past the Men levied and marching to the Rendez-vous I could not see how with her Majesties Honour and Safety the Journey might be broken Whâ—rein although I should be carried with passion yet I pray your Lordships consider who almost that had been in my Case named to such an Action voiced throughout Christendom and engaged in it as much as I was worth And being the Instrument of drawing more voluntary Men of their own charge than ever was seen these many years Who I say would not have been so affected But farr be it from me in an Action of this importance to weigh my Self or my particular Fortunes I must beseech your Lordships to remember that I was from time to time warranted by all your opinions delivered both amongst your selves and to her Majesty Which tieth you all to allow the Counsel And that being graunted your Lordships will call that Zeal which maketh a Man constant in a good Counsel that would be Passion in an evil or a doubtfull I confess her Majesty offered us Recompence for all our charges and losses But my Lords I pray your Lordships consider how many Things I should have sold at once for money I will leave mine own reputation as too small a Matter to be mentioned But I should have sold The Honour of her Majesty The safety of the State The Contentment of her Confederates The Fortune and Hope of many my poor Countrey-Men And The Possibility of giving a Blow to that Enemy that ought ever to be hatefull to all true English Hearts I should have sold all this for private profit Therefore though I ask pardon of her Majesty and pray your Lordships to mediate it for me that I was carried by this Zeal so fast that I forgat those Reverend Forms which I should have used yet I had rather have my Heart out of my Body than this Zeal out of my Heart And now as I have laid before your Lordships my past carriage and entring into this Action So I beseech your Lordships give me leave to prepare you to a favourable Construction of that which I shall doe hereafter In which Sute I am resolved neither to plead the Hazarding of Life nor spending of my Substance in a Publick Service To the end that I might find your Lordships who are publick persons more favourable Iudges But will confess that I receive so much Favour and Honour by this Trust and Employment as when I have done all I can I shall still be behind hand This Sute only I make that your Lordships will neither have too great an Expectation of our Actions nor too little Lest all we doe seem either Nothing or to be done by Chance I know we must be tyed to doe no more than shall be for her Majesties Service nor no less In which strait way though it be hard for so weak a Man as my Self to walk upright yet the Example of our raw Souldiers may comfort an unsufficient General â—or they till they grow perfect in all their Orders and Motions are so afraid to be out and with such a continual heedfulness observe both themselves and those that are near them that they doe keep almost as good order at the first as ever after I am sure I am as distrustfull of my Self as they And because I have more Sense of Duty I shall be more Industrious For Sea Service the Judgement of my Honourable Companion shall be my Compass And for Land his Assent and the Advice of those her Majesty hath named as Counsellors at Warr shall be my Warranties It will be Honour to her Majesty and a great Assurance to her State if we either bring home wealth or give the King of Spain a blow by Sea But to have made a continual Diversion and to have left as it were a Thorn sticking in his Foot had been a Work worthy of such a Queen and of such a Preparation For then her Majesty should have heard no more of his Intentions for Ireland and Attempts upon the Coast of France Or his drawing of Ships or Galley's into these Narrow Seas But should at once have delivered all Christendom from his fearfull Usurpation Wherein as She had been great in Fame for such a general preservation So she had been as great in Power in making all the Enemies of Spain in Christendom to depend upon Her She should be Head of the Party She onely might be said to make the Warrs with Spain because she made them to purpose And they all but as her Assistants and Dependants And lastly as the End of the Warrs is Peace So she might have had Peace when she would and with what Conditions she would and have included or left out whom she would For she only by this course should force him to wish for Peace and she had the means in her hands to make the Conditions And as easie it had been to have done this as to have performed lesser Services The Objections against this will be Hazard and Charge Hazard to hold any Thing of his that is so Mighty a King And Charge to send such Supplies from time to time as will be needfull For Hazard It is not the Hazard of the State or the Whole as are the Hazards of a Defensive Warr whensoever we are enforced to fight But it is onely a Hazard of some few and such Commanders as shall be set out for such a Service And those also that shall be so hazarded shall be in lesse danger than if they were put into any Frontire Places of Fraunce or of the Low-Countries For they should not be left in any part of the Main or Continent of Spain or Portugall where the Enemy might bring an Army to attempt them Tâ—ough I doubt not but after he had once tried what it were to besiege two or three thousand English in a place well fortified and where they had a Port open he would grow quickly weary of those Attempts But they should be so lodged as the Seat and Strength of the place should warrant their Safety So that to pull her Majesties Men out of it should be a harder Task than to conquer any Countrey that stands on firm land by him And to let English quietly possesse it should so much prejudice him as he were not able to endure it And for Charge there need
come and take the Honour of taking the Town His Lordships last Reason was that it cast some aspersion upon his Majesty Implying as if the King slept out the Sobbs of his Subjects untill he was awaked with the Thunderbolt of a Parlaament But his Lordships Couclusion was very Noble Which was with a Protestation That what Civill Threats Contestation Art and Argument can do hath been used already to procure Remedy in this Cause And a Promise That if Reason of State did permit as their Lordships were ready to spend their Breath in the pleading of that we desire so they would be ready to spend their Blouds in the Execution thereof This was the Resolution of that which passed A Speech used to the King by his Majesties Solliciter being chosen by the Commons as their Mouth and Messenger for the presenting to his Majesty of the Instrument or Writing of their Grievances In the Parliament 7o. Jacobi MOst gracious Soveraign The Knights Cittizens and Burgesses assembled in Parliament in the House of your Commons in all humbleness do Exhibite and present unto your Sacred Majesty in their own Words though by my hand their Petitions and Grievances They are here conceived and set down in writing According to ancient Custome of Parliament They are also prefaced according to the Manner and Tast of these later Times Therefore for me to make any Additionall Preface were neither warranted nor convenient Especially speaking before a King The Exactness of whose Judgement ought to scatter and chase away all unnecessary Speech as the Sun doth a Vapour This onely I must say Since this Session of Parliament we have seen your Glory in the Solemnity of the Creation of this most Noble Prince We have heard your Wisdome in sundry excellent Speeches which you have delivered amongst us Now we hope to find and feel the Effects of your Goodness in your Gracious Answer to these our Petitions For this we are perswaded that the Attribute which was given by one of the wisest Writers to Two of the best Emperours Divus Nerva Divus Traianus So saith Tacitus Res olim insociabiles miscuerunt Imperium Libertatem May be truly applyed to your Majesty For never was there such a Conservatour of Regality in a Crown Nor never such a Protectour of lawfull Freedome in a Subject Onely this Excellent Soveraign Let not the sound of Grievances though it be sad seem harsh to your Princely Eares It is but Gemitus Columbae The Mourning of a Dove With that Patience and Humility of Heart which appertaineth to loving and Loyall Subjects And far be it from us But that in the midst of the Sense of our Grievances we should remember and acknowledge the infinite Benefits which by your Majesty next under God we do enjoy Which bind us to wish unto your life Fulness of Dayes And unto your Line Royall a Succession and Continuance even unto the worlds end It resteth that unto these Petitions here included I do adde one more that goeth to them all Which is That if in the words and frame of them there be any Thing offensive Or that we have expressed our Selves otherwise then we should or would That your Majesty would cover it and cast the Vaile of your Grace upon it And accept of our good Intentions And help them by your benign Interpretation Lastly I am most humbly to crave a particular pardon for my self that have used these few words And scarcely should have been able to have used any at all in respect of the Reverence which I bear to your Person and Judgement had I not been somewhat relieved and comforted by the Experience which in my Service aâ—d Accesse I have had of your continuall Grace and Favour A Speech of the Kings Sollicitour used unto the Lords at a Conference by Commission from the Commons Moving and perswading the Lords to joyn with the Commons in Petâ—tion to the King To obtain Liberty to treat of a Composition with his Majesty for Wards and Tenures In the Parliament 7o. Jacobi THe Knights Cittizens and Burgesses of the House of Commons have commanded me to deliver to your Lordships the Cauâ—es of the Conference by them prayed and by your Lordships assented for the second Business of this Day They have had Report made unto them faithfully of his Majesties Answer declared by My L. Treasurer touching their humble Desire to obtain Liberty from his Majestyâ— to treat of compounding for Tenures And first they think themselves much bound unto his Majesty That in Renovâ in which case Princes use to be apprehensive he hath made a gracious Construction of their Proposition And so much they know of that that belongs to the Greatness of his Majesty and the Greatness of the Cause As themselves acknowledge they ought not to have expected a present Resolution Though the Wise-Man saith Hope deferred is the Fainting of the Soul But they know their Duty to be to attend his Majesties Times at his good pleasure And they do it with the more comfort because in that his Majesties Answer Matching the Times aad weighing the Passages thereof they conceive in their Opinion rather Hope then Discouragement But the principall Causes of the Conference now prayed Besides these significations of Duty not to be omitted Are two Propositions The one Matter of Excuse of themselves The other Matter of Petition The former of which growes thus Your Lordship my L. Threasurer in your last declaration of his Majesties Anâ—wer which according to the Attribute then given unto it had Imaginem Caesaris fair and lively graven made this true and effectuall Distribution That there depended upon Tenures Considerations of Honour of Conscience And of Vtility Of these three Vtility as his Majesty set it by for the present out of the Greatness of his Mind So we set it by out of the Justnesse of our Desires For we never ment but a goodly and worthy Augmentation of the Profit now received and not a Diminution But to speak truly that Consideration falleth naturally to be examined when Liberty of Treaty is granted But the former Two indeed may exclude Treaty And cut it off before it be admitted Nevertheless in this that we shall say concerning those Two We desire to be conceived rightly We mean not to dispute with his Majesty what belongeth to Soveraign Honour or his Princely Conscience Because we know we are not capable to discern them Otherwise then as Men use sometimes to see the Image of the Sun in a Pail of Water But this we say for our selves God forbid that we knowingly should have propounded any thing that mought in our Sense and perswasion touch either of both And therefore herâ—in we desire to be heard not to enform or perswade his Majesty but to fâ—ee and excuse our selves And first in generall we acknowledge that this Tree of Tenures was Planted into the Prerogative by the ancient common Law of this Land That it hath been Fenced in and Preserved by many Statutes