his Book Procure reverence to the King and the Law Inform my people truly of me which we know is hard to do according to the Excellency of his Merit but yet Endeavour it How zealous I am for Religion How I desire Law may be maintained and flourish That every Court should have his Iurisdiction That every Subject should submit himselâ— to the Law And of this you have had of lâ—te no small Occasion of Notice and Remembrance by the great and strait Charge that the King haâ—h given me as Keeper of his Seal for the Governing of the Chancery without Tumour or Excesse Again è re natae you at this present ought to make the People know and consider â—he Kings Blâ—ssed Care and Pâ—ovidence in goveâ—ning this Realm in his Absence So thâ—t sitting at the Helm of another Kingdom Nâ—t without gâ—eat Affairs and Business yet he governs all things here by his Letters and Directions as punctually and perfectly as if he were present I assure you my Lords of the Counsell and I do much admire the Extention and Latitude of his Care in all Things In the High Commission he did conceive a Sinnâ—w of Government was a little shrunk He recommended the care of it He hath called for the Accounts of the last Circuit from the Judges to be transmitted unto him into Scotland Touching the Infestation of Pyrates he hath been carefull and is and hath put things in way All things that concern the Reformation or the Plantation of Ireland He hath given in them punctuall and resolute Diâ—ections All this in Absence I give but a few Instances of a publique Nature The Secrets of Counsell I may not enter into Though his Dispatches into France Spain and the Low-Countries now in his absence are also Notorious as to the outward sending So that I must conclude that his Majesty wants but more Kingdomes For I see he could suffice to all As for the other Glasse I told you of Of representing to the King the Griefs of his People without doubt it is properly your Part For the King ought to be informed of any thing amisse in the state of his Countries from the Observations and Relations of the Iudges That indeed know the Pulse of the Country Rather then from Discourse But for this Glasse thanks be to God I do hear from you all That there was never greater Peace Obedience and Contentment in the Country Though the best Governments be alwayes like the fairest Crystals wherin every little Isicle or Grain is seen which in a Fouler Stone is never perceived Now to some Particulars and not Many Of all other things I must begin as the King begins That is with the Cause of Religion And especially the Hollow Church Papist Saint Aug. hath a good Comparison of such Men affirming That â—hey are like the Roots of Nettles which themselves sting not but yet â—hey bear all the Stinging Leaves Let me know of such Roots and I will root them out of the Country Next for the Matter of Religion In the principall place I recommend both to you and the Iustices the Countenancing of Godly and Zealous Preachers I mean not Sectaries or Novellists But those which are sound and conform But yet pious and Reverend For there will be a perpetuall Defection except you keep Men in by Preaching as well as Law doth by punishing And commonly Spirituall Diseases are not Cured but by Spirituall Remedies Next let me commend unto you the Repressing as much as may be of Faction in the Countrys of which ensue infinite Inconveniences and perturbations of all good Order And Crossing of all good Service in Court or Country or wheresoever Cicero when he was Consul had devised a fine Remedy A Milde one but an effectuall and an apt one For he saith Eos qui otium perturbant reddam otiosos Those that trouble others Quiet I will give them Quiet They shall have nothing to do Nor no Authority shall be put into their Hands If I may know from you of any who are in the Country that are Heads or Hands of Faction Or Men of turbulent Spirits I shall give them Cicero's Reward as much as in me is To conclude study the Kings Book And study your selves how you profit by it And all shall be well And you the Iustices of Peace in particular Let me say this to you Never King of this Realm did you so much Honour as the King hath done you in his Speeeh By being your immediâ—te Directors And by sorting you and your seâ—vice with the Service of Ambassadours and of his nearest Attendants Nay more it seems his Majesty is willing to do the state of Iustice of Peace Honour actively also By bringing in with time the like Form of Commission into the Government of Scotland As that Glorious King Edward the third did plant this Commission here in this Kingdome And therefore you are not fit to be Coppies except you be Fair Written without Blots or Blurs or any thing unworthy your Authority And so I will trouble you no longer for this time The Speech used by Sir Francis Bacon Lord Keeper of the Great Seal of England to Sir William Jones upon his calling to be Lord Chief Justice of Ireland 1617. Sir WILLIAM IONES THe Kings most Excellent Majesty being duly informed of your sufficiency every way Hath called you by his Writ now returned to the State and Degree of a Serjeant at Law But not to stay there but being so qualified to serve him as his Chief Iustice of his Kings Bench in his Realm of Ireland And therefore that which I shall say to you must be applied not to your Sâ—rjeants place which you take but in passage But to that great place where you are to settle And because I will not spend Time to the Delay of the Businesse of Causes of the Court I will lead you the short Iourney by Examples and not the Long by Precepts The Place that you shall now serve in hath been fortunate to be well served in four successions before you Do but take unto you the Constancy and integrity of Sir Robert Gardiner The Gravity Temper and Direction of Sir Iames Lea The Quicknesâ—e Industry and Dispatch of Sir Humphry Winch The Care and Affection to the Common-wealth and the Prudent and Politick Administration of Sir Iohn Denham And you shall need no other Lessons They were all Lincolns Inn Men as you are You have known them as well in their Beginnings as in their Advancement But because you are to be there not only Chief Iustice but a Counseller of Estate I will put you in mind of the great Work now in hand that you may raise your thoughtes according unto it Ireland is the last Ex Filiis Europae which hath been reclaimed from Desolation and a Desert in many parts to Population and Plantation And from Savage and Barbarous Customes to Humanity and Civility This is the Kings Work in chief It is his Garland of Heroicall Vertue
do acknowledge my Soveraign Liege Lord King James to be lawfull and undoubted King of all the Kingdomes of England Scotland and Ireland And I will bear true faith and Allegeance to his Highness during my life NOw my Lords upon these words I charge William Talbot to have committed a great Offence And such an one as if he had entred into a voluntary and malicious Publication of the like writing It would have been too great an Offence for the Capacity of this Court But because it grew from a Question askt by a Councell of â—state And so rather seemeth in a favourable Construction to proceed from a kind of Submission to answer then from any malicious or insolent Will it was fit according to the Clemency of these Times to proceed in this maner before your Lordships And yet let the Hearers take these things right For certainly if a Man be required by the Lords oâ— the Councell to deliver his Opinion whether King Iames be King or no And He deliver his Opinion that He is not This is High Treason But I do not say that these words amount to thatâ— And therefore let me open them truly to your Lordships And thereiâ— open also it may be the Eyes of the Offender Himself how far they reach My Lords a Mans Allegeance must be Independant not provisionall and conditionall Elizabeth Barton that was called the Holy Maid of Kent affirmed That if K. H. 8. Did not take Katherine of Spain again to his Wife within a twelve moneth he should be no King And this was judged Treason For though this Act be Contingent and Future yet Treason of compassing and imagining the Kings Destruction is present And in like manner if a Man should voluntarily publish or maintain That whensoever a Bull or Deprivation shall come forth against the King that from thenceforth he is no longer King This is of like Nature But with this I do not charge you neither But this is the true Latitude of your Words That if the Doctrine touching the Killing of Kings be Matter of Faith that you submit your self to the Judgement of the Catholick Roman Church So as now to do you right your Allegeance doth not depend simply upon a Sentence of the Popes Deprivation against the King But upon another point also If these Doctrines be already or shall be declared to be Matter of Faith But my Lords there is little won in this There may be some Difference to the guiltinesse of the Party But there is little to the Danger of the King For the same Pope of Rome may with the same breath declare boâ—h So as still upon the matter the King is made but Tennant at will of his Life and Kingdomes And the Allegiance of his Subjects is pinn'd upon the Popes Act. And Certainly it is Time to stop the Current of this Opinion of Acknowledgement of the Popes power in Temporalibus Or elâ—e it will supplant the Seat of Kings And let it not be mistaken that Mr. Talbots Offence should be no more then the Refusing the Oath of Allegiance For it is one thing to be silent and another thing to affiâ—m As for the Point of Matter of Faith or not of Faith To tell your Lordships plain it would astonish a Man to see the Gulf of this implyed â—eliefe Is nothing excepted from it If a Man should ask Mr. Talbot whether he do condemn Murther or Adultery or Rape or the Doctrine of Mahomet or of Arius in stead of Zuarius Must the Answer be with this exception that if the Question concern matter of Faith as no question it doth for the Moral Law is matter of Faith That therein he wil submit himself to what the Church shall determine And no doubt the Murther of Princes is more then Simple Murther But to conclude Talbot I will do you this Right and I will noâ— be reserved in this but to declare that that is true That you came afterwards to a better mind Wherein if you had been constant the King out of his great goodnesse was resolved not to have proceeded with you in Course of Justice But then again you Started aside like a Broken Bow So that by your Variety and Vacillation you lost the acceptable time of the first Grace which was Not to have convented you Nay I will go farther with you Your last Submission I conceive to be Satisfactory and Compleat But then it was too late The Kings Honour was upon it It was published and the Day appointed for Hearing Yet what preparation that may be to the Second Grace of Pardon that I know not But I know my Lords out of their accustomed favour will admit you not only to your Defence concerning that that hath been Charged But to extenuate your Fault by any Submission that now God shall put into your mind to make The Charge given by Sr. Francis Bacon his Majesties Atturney Generall against Mr. I.S. for Scandalizing and Traducing in the publick Sessions Letters sent from the Lords of the Councell touching the Benevolence MY Lords I shall inform you ore tenus against this Gentleman Mr. I. S. A Gentleman as it seems of an ancient House and Name But for the present I can think of him by no other Name then the Name of a great Offender The Nature and Qualityâ— of his Offence in sum is this This Gentleman hath upon advice not suddenly by his Pen Nor by the Slip of his Tongue Not privatly or in a Corner but publickly As it were to the face of the Kings Ministers and Iustices Slandered and Traduced The King our Soveraign The Law of the Land The Parliament And infinite Particulars of his Majesties worthy and loving Subjects Nay the Slander is of that Nature that it may seem to interest the People in Grief and Discontent against the State whence mought have ensued Matter of Murmur and Sedition So that it is not a Simple Slander but a Seditious Slander like to that the Poet speaketh of Calamosque armare Veneno A Venemous Dart that hath both Iron and Poysonâ— To open to your Lordships the true State of this Offence I will set before you First the Occasion whereupon Mr. I. S. wrought Thâ—n the Offence it self in his own words And lastly the Points of his Charge My Lords you may remember that there was the last Parliament an Expectation to have had the King supplied with Treasure although the Event failed Herein it is not fit for me to give opinion of an House of Parliament But I will give testimony of Truth in all places I served in the Lower House and I observed somewhat This I do affirm That I never could perceive but that there was in that House a generall Disposition to give And to give largely The Clocks in the House perchance might differ Some went too fast some went too slow But the Disposition to give was generall So that I think I may truly say Solo tempore lapsus Amor. This Accident happening
as Men misled are to be pittied For the First if a Man doth visit the foul and polluted Opinions Customesâ— or Practices of Heathenism Mahometism and Heresie he shall find they do not attain to this Height Take the Examples of damnable Memory amongst the Heathen The Proscriptions in Rome of Sylla And afterwards of the Triumvirs what were they They were but of a finite Number of Persons and those not many that were exposed unto any Mans Sword But what is that to the proscribing of a King and all that shall take his Part And what was the Reward of a Souldier that amongst them killed one of the proscribed A small piece of Money But what is now the reward of one that shall kill a King The Kingdom of Heaven The Custome among the Heathen that was most scandalized was that sometimes the Priest sacrificed Men But yet you sâ—all not read of any Priesthood that sacrificed Kings The Mahometâ—ns make it a part of their Religion to propagate their Sect by the Sword But yet still by Honourable Wars never by Villanies and secret Murthers Nâ—y I find that the Saracen Prinâ—e of whom the Name of the â—ssassins is derived which had divers Votaâ—ies at Commandement which he sent and imployed to the Killing of divers Princes in the East By one of whom Amurath the First was slain And Edward the First of England was wounâ—ed was put down and rooted out by common Consentâ— of the Mahometan Princes The Anabaptists it is true come nearest For they professe the pulling down of Magistrates And they can chaunt the Psalm To bind their Kings in Chaines and their Nobles in fetters of Iron This is the Glory of the Saints mâ—ch like the Temporall Authority that the Pope Challengeth over Princes But this is the difference That that is a Furious and Fanaticall Fury And this is a sad and solemn Mischief He imagineth Mischief as a Law A Law-like Mischief As for the Defence which they do make it doth aggravate the sin And turneth it from a Cruelty towards Man to a Blaâ—phemy towards God For to say that all this is in ordine ad spirituale And to a good End And for the salvation of Soules It is directly to make God Author of Evill And to draw him into the likenesse of the Prince of Darknesse And to say with thoseâ— that Saint Paul speaketh of Let us do Evill that good may come thereof Of whom the Apostle saith dâ—finitively That their damnatioâ— is Iust. For the Destroying of Government universally it is most evident That it is not the Case of Protestant Princes onely But of Catholick Princes likewise As the King hath excellently set forth Nay it is not the Case of Princes onely but of all Subjects and private Persons For touching Princes let History be perused what hath been the Causes of Excommunication And namely this Tumour of it the Deposing of Kings It hath not been for Heresie and Schism alone but for Collation and Investitures of Bishopricks and Benefiâ—es Intruding upon Ecclesiasticall Possessions violating of any Ecclesiasticall Person or Liberty Nay generally they maintain it that it may be for any sin So that the Difference wherein their Doctors vary That some hold That the Pope hath his Temporall power immediatly And others but in ordine ad spiritude is but a Delusion and an Abuse For all commeth to one What is there that may not be made spirituall by Consequence specially when He that giveth the Sentence may make the Case And accordingly hath the miserable Experience followed For this Murthering of Kings hath been put in practise as well against Papist Kings as Protestants Save that it hath pleased God so to guide it by his admirable providence As the Attempts upon Papist Princes have been executed And the Attempts upon Protestant Princes have failed Except that of the Prince Aurange And not that neither untill such time as he had joyned too fast with the Duke of Anjou and the Papists The rest is wanting The Charge of Sir Francis Bacon the Kings Atturney Generall against M. L. S. W. and H. I. for Scandall and Traducing of the Kings Justice in the proceedings against Weston In the Star-Chamber 10. Novemb. 1615. THe Offence wherewith I shall charge the three Offenders at the Bar is a Misdemeanour of a High Nature Tending to the Defacing and Scandall of Iustice in a great Cause Capitall The particular Charge is this The King amongst many his Princely vertues is known to excell in that proper vertue of the Imperiall Throne which is Iustice. It is a Royall Vertue which doth employ the other three Cardinall Vertues in her Service Wisdome to discover and discern Nocent or Innocent Fortitude to prosecute and execute Temperance so to carry Iustice as it be not passionate in the pursuit nor confused in involving persons upon light suspicion Nor precipitate in time For this his Majesties Vertue of Iustice God hath of late raised an occasion and erected as it were a Stage or Theater much to his Honour for him to shew it and act it in the pursuit of the untimely Death of Sir Thomas Overbury And therein cleansing the Land from Bloud For my Lords if Bloud spilt Pure doth cry to Heaven in Gods Eares much more Bloud defiled with Poyson This Great Work of his Majesties Iustice the more excellent it is your Lordships will soon conclude the greater is the Offence of any that have sought to Affront it or Traduce it And therefore before I descend unto the Charge of these Offenders I will set before your Lordships the weight of that which they have sought to impeach Speaking somewhat of the generall Crime of Impoysonment And then of the particular Circumstances of this Fact upon Overbury And thirdly and chiefly of the Kings great and worthy Care and Carriage in this Business This Offence of Impoysonment is most truly figured in that Devise or Description which was made of the Nature of one of the Roman Tyrants That he was Lutum Sanguine maceratum Mire mingled or cymented with Bloud For as it is one of the highest Offencesâ— in Guiltiness So it is the Basest of all others in the Mind of the Offenders Treasons Magnum aliquid spectant They aym at great thingâ—â— But this is vile and base I tell your Lordships what I have noted That in all Gods Book both of the Old and New Testament I find Examples of all other Offences and Offendours in the world but not any one of an Impoyâ—onment or an Impoysoner I find mention of Fear of casuall Impoysonment when the Wild Vine was shred into the Pot they came complaining in a fearfull manner Maister Mors in ollâ And I find mention of Poysons of Beasts and Serpents The Poyson of Aspes is under their Lips But I find no Example in the Book of God of Impoysonment I have sometime thought of the Words in the Psalm Let their Table be made a Snare Which certainly is most True of Impoysonment For
he mean it because the Turk seemeth to affect us for the Abolishing of Images Let him consider then what a Scandall the Matter of Images hath been in the Church As having been one of the principall Branches whereby Mahumetisme entred Page 65. he saith Cardinall Allen was of late very near to have been elected Pope Whereby he would put the Catholicks here in some hope that once within Five or Six years For a Pope commonly sitteth no longer he may obtaâ—n that which he mâ—ssed narrowly This is a direct Abuse For it is certain in all the Conclaves since Sixtus Quintus who gave him his Hat he was never in possibility Nay the King of Spain that hath patronized the Church of Rome so long as he is become a right Patron of it In that he seeketh to present to that See whom he liketh yet never durst strain his Credit to so desperate a Point as once to make a Canvass for him No he never nominated him in his Inclusive Narration And those that know any Thing of the Respects of Conclaves know that he is not Papable First because he is an Vltramontane of which sort there hath been none these Fifty years Next because he is a Cardinall of Almes of Spain and wholly at the Devotion of that King Thirdly because he is like to employ the Treasure and Favours of the Popedom upon the Enterprises of England And the Relief and Advancement of English Fugitives his Necessitous Countryâ—men So as he presumed much upon the Simplicity of the Reader in this point as in many more Page 55. and again Page 70. he saith His Lordship Meaning the Lord Burleigh Intendeth to match his Grandchild Mr. William Cecill with the Lady Arbella Which being a meer Imagination without any Circumstance at all to enduce it More then that they are both unmarried And that their years agree well Needeth no Answer It is true that his Lordship being no Stoicall Vnnaturall Man but loving towards his Children For Charitas Reip. incipit à Familiâ Hath been glad to match them into Honourable and Good Bloud And yet not so but that a private Gentleman of Northampton shire that lived altogether in the Country was able to bestow his Daughters higher then his Lord. hath done But yet it is not seen by any Thing past that his Lordship ever thought or affected to match his Children in the Bloud Royall His Lordships Wisedom which hath been so long of Gathering teacheth him to leave to his Posterity rather Surety then Danger And I marvaile where be the Combinations which have been with Great Men And the Popular and Plausible Courses which ever accompany such designes as the Libeller speaketh of And therefore this Match is but like unto that which the same Fellow concluded between the same Lady Arbella and the Earl of Leicesters Son when he was but a Twelve-Moneth old Pag. 70 he saith He laboureth incessantly with the Queen to make his Eldest Son Deputy of Ireland As if that were such a Catch Considering all the Deputiâ—â— since her Majesties times except the Earl of Sussex and the Lord Grey have been persons of meaner Degree then Sir Thomas Cecillis And the most that is gotten by that place is but the Saving and putting up of a Man 's own Revenue's during those years that he serveth their And this perhaps to be saved with some Displeasure at his Return Pag. eadem he saith He hath brought in his Second Son Sir Robert Cecill to be of the Counsell who hath neither Wit nor Experience Which Speech is as notorious an untruth as is in all the Libell For it is confessed by all Men that know the Gentleman that he hath one of the Rarest and most Excellent Wits of England with a singular Delivery and Application 〈◊〉 the same whether it be to use a Continued Speech Or to Negotiate Or to touch in Writing or to make Report Or discreetly to consider of the Circumstances And aptly to draw Things to a Point And all this joyned with a very good Nature and a great Respect to all Men as is daily more and more revealed And for his Experience it is easie to think that his Trayning and Helps hath made it already such as many that have served long prentishood for it have not attained the like So as if that be true Qui Beneficium Digno dat omnes obligat Not his Father onely but the State is bound unto her Majesty for the choice and Employment of so sufficient and worthy a Gentleman There be many other Follies and Absurdities in the Book which if an Eloquent Scholler had it in Hand he would take Advantage thereof and justly make the Authour not onely Odious but Ridiculous and Contemptible to the World But I passe them over and even this which hath been said hath been vouchsafed to the vallue and Worth of the Matter and not the worth of the Writer who hath handled a Theam above his Compasse 8. Of the Height of Impudency that these Men are grown unto in publishing and Avouching untruths with a particular Recitall of some of them for an Assay THese Men are grown to a singular Spirit and Faculty in Lying and Abusing the world such as it seemeth although they are to purchase a particular Dispensation for all other Sins yet they have a Dispensation Dormant to lie for the Catholique Cause which moveth me to give the Reader a Tast of their Vntruths such as are written and are not meerly grosse and palpable Desiring him out of their own Writings when any shall fall into his Hands to encrease the Rowle at least in his own Memory We retain in our Calenders no other Holy-dayes but such as have their Memorials in the Scriptures And therefore in the Honour of the Blessed Virgin we onely receive the Feasts of the Annunciation and the Purification Omitting the other of the Conception and the Nativity Which Nativity was used to be celebrated upon the 8th of Septemb the Vigill whereof hapned to be the Nativity of our Queen which though we keep not Holy yet we use therein certain Civill Customes of Ioy and Gratulation As Ringing of Bells Bonfires and such like And likewise make a Memoriall of the same Day in our Calender whereupon they have published That we have expunged the Nativity of the Blessed Virgin and put in stead thereof the Nativity of our Queen And further that we sing certain Hymnes unto her used to be sung unto our Lady It hapned that upon some Bloud-shed in the Church of Paules according to the Canon Law yet with us in force the said Church was interdicted and so the Gates shut up for some few Dayes whereupon they published that because the same Church is a place where People use to meet to walk and confer the Queens Majestie after the manner of the Ancient Tyrants had forbidden all Assemblies and Meetings of People together And for that Reason upon extreme Jealousie did cause Paules Gates to be shut up The
Ead. l. 4â— Mene. l. Meane p. 138. l. 46. ther. l. their p. 144. l. ult be l. he Ead. lin linht l. light p. 147. l. 37. Lord l. Lordship p. 164. l. 32. Non is repetit Conditionibus Dissidiis l. Non repetitis Conditionibus Dissidii p. 208. l. 43. Mesty l. Majesty p 212. l. 14. rue l. true p 218. l. 9. Mad. l. Man Ead. l. 14. how to l. to how p. 241. l. 16. a. l. as p. 246. l 10. if l. of pag. 266. l. 5 Desig lâ—ge Designe 275. l. 28 Sexvir l. Sexviri Ead. l. 45 Ninos l. Minos SEVERAL LETTERS WRITTEN BY THIS Honourable Authour TO QUEEN ELIZABETH KING IAMES DIVERS LORDS AND OTHERS LONDON Printed by F. L. for William Lee at the sign of the Turks-Head in Fleetstreet 1657. A LETTER To the LORD TREASURER BVRGHLEY In Excuse of his SPEECH in PARLIAMENT Against the TRIPLE SVBSIDIE It may please your Lordship I Was sorry to find by your Lordships Speech yesterday that my last Speech in Parliament delivered in discharge of my Conscience and Duty to God her Majesty and my Countrey was offensive If it were misreported I would be glad to attend your Lordshipâ— to disavow any thing I said not If it were misconstrued I would be glad to expound my self to exclude any sense I meant not If my Heart be misjudged by Imputation of Popularity or Opposition by any envious or officious Informer I have great wrong And the greater because the Manner of my Speech did most evidently shew that I spake simply And onely to satisfie my Conscience and not with any Advantage or Policy to sway the Cause And my Terms carried all signification of Duty and Zeal towards her Majesty and her Service It is true that from the Beginning whatsoever was above a Double Subsidy I did wish might for president sake appear to be extraordinary And for Discontents sake mought not have been levied upon the Poorer sort Though otherwise I wished it as Rising as I think this will prove and more This was my mind I confesse it And therefore I most humbly pray your good Lordship First to continue me in your own good Opinion And then to perform the part of an Honourable Friend towards your poor Servant and Alliance In drawing her Majesty to accept of the Sincerity and Simplicity of my Heart And to bear with the rest and restore me to her Majesties Favour A Letter to the Lord Treasurer Burghley recommending his first Sute touching the Sollicitors place After the remembrance of my most humble Duty THough I know by late Experience how mindfull your Lordship vouchsafeth to be of me and my poor Fortunes since it pleased your Lordship during your Indisposition when her Majesty came to visit your Lordship to make mention of me for my Employment and preferment yet being now in the Countrey I do presume that your Lordship who of your Self had so Honourable care of the matter will not think it a Trouble to be sollicited therein My hope is that whereas your Lordship told me her Majesty was somewhat gravelled upon the Offence she took at my Speech in Parliament your Lordships favourable and good word who hath assured me that for your own part you construed that I spake to the best will be as a good Tide to remove her from that Shelf And it is not unknown to your Lordship that I was the first of the Ordinary Sort of the Lower House of Parliament that spake for the Subsidy And â—hat which I after spake in difference was but in Circumstances of Time and Manner which methinks should be no great Matter since there is Variety allowed in Counsel as a Discord in Musick to make it more perfect But I may justly doubt not so much her Majesties Impression upon this particular as her Conceit otherwise of my Insufficiency which though I acknowledge to be great yet it will be the lesse because I purpose not to divide my self between her Majesty and the Causes of other Men as others have done but to attend her Businesse only Hoping that a whole Man meanly able may doe as well as Half a Man better able And if her Majesty think that she shall make an Adventure in using one that is rather a Man of Study than of Practice and Experience Surely I may remember to have heard that my Father an Example I confesse rather Ready than Like was made Sollicitor of the Augmentation a Court of much Businesse when he had never practiced and was but 27 years old And Mr. Brograve was now in my time called to be Atturney of the Dutchy when he had practised little or nothing And yet discharged his place with great Sufficiency But these Things and the like are as her Maâ—esty shall be made capable of them wherein knowing what Auâ—hority your Lordships Commendation hath with her Majestyâ— I conclude with my Self that the Substance of Strength wâ—ich I may receive will be from your Lordship It is true my Life hath been so private as I have had no means to do your Lordship service but yet as your Lordship knoweth I have made offer of such as I could yield For as God hath given me a mind to love the Publick so incidently I have ever had your Lordship in singular Admiration whose happy Ability her Majesty hath so long used to her great Honour and yours Besides that Amendment of State or Countenance which I have received hath been from your Lordship And therefore if your Lordship shall stand a good Friend to your pooâ— Allie you shall but Tueri Opus proprium which you have begun And your Lordship shall bestow your benefit upon one that hath more sense of Obligation than of Self-love Thus humbly desiring pardon of so long a Letter I wish your Lordship all Happinesse This 7th of Iune 1595. A Letter to Queen Elizabeth upon the sending of a New-years Gift It may please your Majesty ACcording to the Ceremony of the Time I would not forget in all humblenesse to present your Majesty with a small New-years Gift Nothing to my Mind And therefore to supply it I can but pray to God to give your Majesty his New-years Gift that is a New year that shall be as no year to your Body And as a year with 2. Harvests to your Coffers And every other way prosperous and gladsom And so I remain A Letter to Queen Elizabeth upon the sending of a New-years Gift Most excellent Soveraign Mistris THe onely New-years Gift which I can give your Majestie is that which God hath given to me which is a Mind in all Humblenesse to wait upon your Commandements and Businesse Wherein I would to God that I were hooded that I saw lesse Or that I could perform more For now I am like a Hawk that bates when I see occasion of service but cannot fly because I am tyed to anothers Fist. But mean while I continue my presumption of making to your Majesty my poor Oblation of a
write being but Representations unto your Lordship of the Honour and Appearance of Successe of the Enterprisâ— Be not much to the purpose of any Advice yet it is that which is left to me being no Man of Warr and ignorant in the particulars of Estate For a Man may by the Eye set up the VVhite in the midst of the But though he be no Archer Therefore I will onely add this VVish according to the English Phrase which termeth a well-willing Advice a Wish That your Lordship in this whole Action looking forward would set down this Position That Merit is worthier than Fame And looking back hither would remember this Text That Obedience is better than Sacrifice For Designing to Fame and Glory may make your Lordship in the Adventure of your Person to be valiant as a private Souldier rather than as a General It may make you in your Commandements rather to be Gracious than Disciplinary It may make you presse Action in respect of the great Expectation conceived rather hastily than seasonably and safely It may make you seek rather to atchieve the war by force than by Intermixture of Practice It may make you if God shall send prosperous Beginnings rather seek the Fruition of that Honour than the Perfection of the work in hand And for the other point that is the Proceeding like a good Protestant upon expresse warrant and not upon good Intention your Lordship knoweth in your wisdom That as it is most fit for you to desire convenient Liberty of Instructions so it is no lesse fit for you to observe the due Limits of them Remembring that the Exceeding of them may not onely procure in case of adverse Accident a dangerous Disavow But also in case of prosperous Successe be subject to Interpretation as if all were not referred to the right End Thus have I presumed to write these few Lines to your Lordship in Methodo Ignorantiae which is when a Man speaketh of a Subject not according to the Matter but according to the Model of his own Knowledgeâ— And most humbly desire your Lordship that the weaknesse thereof may be supplyed in your Lordship by a benign Acceptation as it is in me by my best VVishing A Letter to the Earl of Essex in offer of his Service when he was first enlarged to Essex House My Lord NO Man can expound my Doings better than your Lordship which makes me need to say the lesse Onely I humbly pray you to beleeve that I aspire to the Conscience and Commendation of Bonus Civis and Bonus Vir And that though I love some Things better I confesse than I love your Lordship yet I love few Persons better Both for Gratitudes sake and for your Vertues which cannot hurt but by Accident Of which my good Affection it may please your Lordship to assure your self And of all the true Effects and Offices I can yield For as I was ever sorry your Lordship should fly with waxen Wings doubting Icarus Fortune So for the growing up of your own Feathers be they Estridges or other kinde no man shall be more glad And this is the Axill-Tree whereon I have turned and shall turn Which having already signified to you by some near mean having so fit a Messenger for mine own Letter I thought good also to redouble by Writing And so I commend you to Gods Protection From Graies Inn this 9th of Iuly 1600. An Answer of my Lord of Essex to the immediately preceding Letter of Mr. Bacons Mr. Bacon I Can neither Expound nor Censure your late Actions Being ignorant of all of them save one And having directed my Sight inward onely to examine my Self You doe pray me to believe that you only aspire to the Conscience and Commendation of Bonus Civis and Bonus Vir And I doe faithfully assure you that while that is your Ambition though your Course be Active and Mind Contemplative yet we shall both Convenire in eodem Tertio And Convenire inter Nosipsos Your Profession of Affection and Offer of good Offices are welcom to me For answer to them I will say but this That you have believed I have been kind to you And you may beleeve that I cannot be other either upon Humour or mine own Election I am a stranger to all Poetical Conceits or else I should say somewhat of your Poetical Example But this I must say That I never flew with other Wings than Desire to merit And Confidence in my Soveraigns Favour And when one of these Wings failed me I would light no where but at my Soveraigns Feet though she suffered me to be bruised with my fall And till her Majesty that knows I was never Bird of Prey finds it to agree with her will and her Service that my Wings should be imped again I have committed my Self to the Mue No power but my Gods and my Soveraigns can alter this Resolution of Your Retired Friend ESSEX Two Letters framed the one as from Mr. Anthony Bacon to the Earl of Essex The other as the Earls Answer thereunto delivered to Sir Francis Bacon with the Advice of Mr. Anthony Bacon his Brother to be shewed to the Queen upon some fit occasion As a Mean to work her Majesty to receive the Earl again to Favour and Attendance at Court They were devised whilsâ— my Lord remained Prisoner in his own House My singular good Lord THis standing at a stay in your Lordships Fortunes doth make me in my Love towards your Lordship jealous lest you doe somewhat or omit somewhat that amounteth to a new Error For I suppose of all former Matters there is a full Expiation wherein for any thing that your Lordship doth I for my part who am remote cannot cast nor devise wherein any Errour should be except in one point which I dare not censure nor disswade which is that as the Prophet saith In this Affliction you look up ad Manum Percutientem and so make your peace with God And yet I heard it noted that my Lord of Leicester who could never get to be taken for a Saint neverthelesse in the Queens Disfavour waxed seeming Religious which may be thought by some and used by others as a Case resembling yours If Men do not see or will not see the difference between your two Dispositions But to be plain with your Lordship my Fear rather is because I hear how some of your good and wise Friends not unpractised in the Court and supposing themselves not to be unseen in that deep and unscrutable Center of the Court which is her Majesties Minde doe not onely toll the Bell but even ring out Peals as if your Fortune were dead and buried And as if there were no possibility of recovering her Majesties Favour And as if the best of your Condition were to live a private and retired Life out of Want out of Peril and out of manifest disgrace And so in this perswasion of theirs include a perswasion to your Lordship to frame and
Happiness I rest A Letter to Sir George Carey in France upon sending him his Writing In Felicem Memoriam Elizabethae My very good Lord BEing asked the Question by this Bearer an old Servant of my Brother Anthony Bacons whether I would command him any thing into France And being at better leisure than I would in regard of Sickness I began to remember that neither your Business nor mine though great and continual can be upon an an exact account any just Occasion why so much good will as hath passed between us should be so much discontinued as hath been And therefore because one must begin I thought to provoke your Remembrance of me by a Letter And thinking to fit it with somewhat besides Salutations it came to my Minde that this last Summer Vacation by occasion of a Factious Book that endeavoured to verefy Misera â—emina The Addition of the Popes Bull upon Queen Elizabeth I did write a few Lines in her Memorial which I thought you would be pleased to read both for the Argument And because you were wont to bear Affection to my Penn. Verum ut aliud ex alio if it came handsomly to pass I would be glad the President de Thou who hath written an History as you know of that Fame and Diligence saw it Chiefly because I know not whether it may not serve him for some use in his Story wherein I would be glad he did right to the Truth and to the Memory of that Lady as I perceive by that he hath already written he is well enclined to doe I would be glad also it were some Occasion such as Absence may permit of some Acquaintance or mutual Noticeâ— between us For though he hath many wayes the precedence chiefly in worth yet this is common to us both that we serve our Soâ—eraigns in places of Law eminent And not our Selves onely but our Fathers did so before us And lastly that both of us love Learning and Liberal Sciences which was ever a Bond of Friendship in the greatest Distance of Places But of this I make no further Request than your Occasions and Respects to me unknown may further or limit My Principal Purpose being to salute you and to send you this Token Whereunto I will add my very kinde Commendations to my Lady And so commit you both to Gods Holy Protection A Letter to my Lord Mayour upon a Proceeding in a Private Cause MY very good Lord I did little expect when I left your Lordship last that there would have been a Proceeding against Mr. Barnard to his Overthrow Wherein I must confess my Self to be in a sort Accessary Because he relying upon me for Counsel I advised that Course which he followed Wherein now I begin to question my self whether in preserving my Respects unto your Lordship and the Rest I have not failed in the Duty of my Profession towards my Client For certainly if the words had been hainous and spoken in a malicious fashion and in some publick place and well proved And not a Prattle in a Tavern caught hold of by one who as I hear is a detected Sycophant Standish I mean yet I know not what could have been done more than to impose upon him a grievous Fine And to require the Levying of the same And to Take away his means of Life by his Disfranchisement And to commit him to a Defamed Prison during Christmass In Honour whereof the Prisoners in other Courts doe commonly of grace obtain some Enlargement This Rigor of Proceeding to tell your Lordship and the rest as my good Friends my Opinion plainly tendeth not to strengthen Authority which is best supported by Love and Fear intermixed But rather to make People discontented and Servile especially when such Punishment is inflicted for words not by Rule of Law but by a Iurisdiction of Discretion which would evermore be moderately used And I pray God whereas Mr. Recorder when I was with you did well and wisely put you in mind of the Admonitions you often received from my Lords that you should bridle unruly Tongues That those kind of Speeches and Rumours whereunto those Admonitions doe referr which are concerning the State and Honour thereof doe not pass too licentiously in the City unpunished while these Words which concern your particular are so straightly enquired into and punished with such Extremiy But these Things your own wisdom first or last will best represent unto you My writing unto you at this time is to the end that howsoever I doe take it somewhat unkindly that my Mediation prevailed no more yet I might preserve that further Respect that I am willing to use unto such a State in delivering my Opinion unto you freely before I would be of Counsel or move any thing that should cross your Proceedings which notwithstanding in case my Client can receive no Relief at your hands I must and will doe Continuing nevertheless in other Things my wonted good Affection to your Selves and your Occasions A Letter to my Lord Treasurer Salisbury upon a New-years Tide It may please your good Lordship I Would Entreat the New year to answâ—r for the Old in my humble Thanks to your Lordship Both for many your Favours and chiefly that upon the Occasion of Mr. Atturneys Infirmity I found your Lordship even as I could wish This doth encrease a desire in me to express my Thankfull minde to your Lordship Hoping that though I finde Age and Decayes grow upon me yet I may have a Flash or two of Spirit left to doe you Service And I doe protest before God without Complement or any light Vanity of Minde that if I knew in what Course of Life to doe you best Service I would take it and make my Thoughts which now fly to many Pieces to be reduced to that Center But all this is no more than I am which is not much But yet the Entire of him that is c. A Letter to his Majesty concerning Peachams Cause January 21. 1614. It may please your Excellent Majesty IT grieveth me exceedingly that your Majesty should be so much troubled with this Matter of Peacham whose Raging Devil seemeth to be turn'd into a Dumb Devil But although we are driven to make our way through Questions which I wish were otherwise yet I hope well the End will be good But then every Man must put too his Helping Hand For else I must say to your Majesty in this and the like Cases as St. Paul said to the Centurion when some of the Mariners had an Eye to the Cock-boat Except these stay in the Ship ye cannot be safe I finde in my Lords great and worthy Care of the Business And for my part I hold my Opinion and am strengthned in it by some Records that I have found God preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter to the King touching Peachams Cause January 27. 1614. It may please your excellent Majesty THis Day
life There were two Indictments preferred of Praemunire for suing in Chancery after Iudgement in Common Law The one by Rich. Glanvile the other by William Allen The former against Courtney the party in Chancery Gibb the Counseller and Deurst the Clark The latter against Alderman Bowles and Humfry Smith parties in Chancery Serjeant More the Counseller Elias Wood Solliciter in the Cause and Sir Iohn Tindall Mr. of the Chancery and an Assessor to my Lord Chanceller For the Cases themselves it were too long to trouble your Majesty with them But this I will say If they were set on that preferred them they were the worst Marks-men that ever were that set them on For there could not have been chosen two such Causes to the Honour and Advantage of the Chancery for the Justness of the Decrees and the Foulness and Scandal both of Fact and person in those that impeach the Decrees The Grand Iury consisting as it seemeth of very Substantial and Intelligent Persons would not finde the Bills Notwithstanding they wâ—re clamoured by â—he parties and twice sent back by the Court And in Conclusion resolutely 17 of 19 found an Ignoramus wherein for that time I think Ignoramus was wiser than those that know too much Your Majesty will pardon me if I be sparing in delivering to you some other Circumstances of Aggravation and of Concurrences of some like Matters the same day as if it had been some Fatal constellation They be not things so sufficiently tryed as I dare put them into your Ear. For my Opinion I cannot but begin with this Preface That I am infinitely sorry that your Majesty is thus put to salve and â—ure not onely Accidents of Time but Errours of Servants For I account this a kinde of Sickness of my Lord Cookes that comes almost in as ill a time as the Sickness of my Lord Chanceller And as I think it was one of the wisest parts that ever he played when he went down to your Majesty to Roiston and desired to have my Lord Chanceller joyned with him So this was one of the weakest parts that ever he played to make all the World perceive that my Lord Chanceller is severed from him at this time But for that which may concern your Service which is my End leaving other Men to their own wayes First my Opinion is plainly that my Lord Cooke at this time is not to be disgraced Both because he is so well habituate for that which remainâ—th of these Capital Causes And also for that which I â—inde is in his Breast touching your Finances and Matters of Repair of your Estate And if I mought speak it as I think it were good his hopes were at an end in some kinde so I could wish they were raised in some other On the other side this great and publick Affront not only to the Reverend and well deserving person of your Chanceller And at a time when he was thought to lye on Dying which was barbarous But to your High Court of Chancery which is the Court of your absolute power May not in my Opinion pass lightly nor end onely in some Formal Attonement But Use is to be made thereof for the setling of your Authority and strengthning of your Praerogative according to the true Rules of Monarchy Now to reconcile and accommodate these two Advices which seem almost opposite First your Majesty may not see it though I conâ—â—ss it be suspicious that my Lord Cooke was any way a â—orehand privy to that which was done Or that he did set it or animate it But onely took the Matter as it came before him And that his Errour was onely that at such a time he did not divert it in some good manner Secondly if it be true as is reported that any of the Puisne Iudges did stirr this Business Or that they did openly revile and menace the Iury for doing their Conscience Aâ— they did honestly and truly I think that Iudge is worthy to leese his place And to be plain with your Majesty I do not think there is any Thing a greater Polychreston or ad multa utile to your Affairs than upon a just and fit Occasion to make some Example against the Presumption of a Iudge in Causes that concâ—rn your Majesty whereby the whole Body of those Magistrates may be contained the better in awe And it may be this will light upon no unfit Subject of a Person that is Rude and that no Man cares for Thirdly if there be no one so much in fault which I cannot yet affirm either way and there must be a just Ground God forbid elâ—e yet I should think that the Very Presumption of Going so far in so high a Cause deserveth to have that done which was done in this very case upon the Indictment of Sergeant Heale in Queen Elizabeths time that the Judges should answer it upon their knees before your Majesty or your Council and receive a sharp Admonition At which time also my Lord Wray being then Chief Iustice slipt the Collar and was forborn Fourthly for the persons themselves Glanvile and Allen which are base Fellowes and turbulent I think there will be discovered and proved against them besides the preferring of the Bil's such Combinations and Contâ—mptuous Speeches and Behaviours As there will be good Ground to call them and perhaps some of their petty Counsellers at Law into the Starre-Chamber In all this which I have said your Majesty may be pleased to observe that I doe not engage you much in the main point of the Iurisdiction For which I have a great deal of Reason which I now forbear But two Things I wish to be done The one that your Maiesty take this occasion to redouble unto all your Iudges your antient and true Charge and Rule That you will endure no Innovating the Point of Iurisdiction But will have every Court empaled within their own Presidents And not assume to themselves new Powers upon Conceits and Inventions of Law The other that in these high Causes that touch upon State and Monarchy your Majesty give them straight Charge that upon any Occasions intervenient hereafter they do not make the Vulgar party to their Contestations by publick Handling them before they have consulted with your Majesty to whom the Reiglement of those things onely appertaineth To conclude I am not without hope that your Majesty managing this Business according to your great Wisdom unto which I acknowledge my Self not to be worthy to be Card-holder or a Candle-holder will make profit of this Accident as a Thing of Gods sending Lastly I may not forget to represent to your Majesty that there is no Thinking of Arraignments untill these Things be somewhat accommodate And some outward and superficial Reconciliation at least made between my Lord Chanceller and my Lord Chief Iustice. For this Accident is a Banquet to all the Delinquents Friends But this is a Thing that falleth out naturally of it Self In respect of the Iudges Going
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
Lordships Legitimate Issue And the Publishers and Printers of them deserve to have an Action of Defamation brought against them by the State of Learning for Disgracing and Personating his Lordships Works As for this present Collection I doubt not but that it will verifie it self in the severall Parcells thereof And manifest to all understanding and unpartiall Readers who is the Authour of it By that Spirit of Perspicuity and Aptnesse and Concisenesse which runs through the whole Work And is ever an Annex of his Lordships Penne. There is required now And I have been moved by many Both from Forrein Nations and at Home who have held in Price and been Admirers of this Honourable Authours Conceits and Apprehensions That some Memorialls might be added concerning his Lordships Life Wherein I have been more Willing then sufficient to satisfie their Requests And to that End have endeavoured to contribute not my Talent but my Mite in the next following Discourse Though to give the true Value to his Lordships Worth There were more need of another Homer to be the Trumpet of Achilles Vertues WILLIAM RAWLEY THE LIFE OF THE HONOURABLE AUTHOR FRANCIS BACON the Glory of his Age and Nation The Adorner and Ornament of Learning Was born in York House or York Place in the Strand On the 22th Day of January In the Year of our Lord 1560. His Father was that Famous Counseller to Queen Elizabeth The Second Propp of the Kingdome in his Time Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England A Lord of Known Prudence Sufficiency Moderation and Integrity His Mother was Ann Cook one of the Daughters of Sir Anthony Cook unto whom the Erudition of King Edward the Sixth had been committed A choyce Lady and Eminent for Piety Vertue and Learning Being exquisitely Skilled for a Woman in the Greek and Latin Tongues These being the Parents you may easily imagine what the Issue was like to be Having had whatsoever Nature or Breeding could put into Him His first and childish years were not without some Mark of Eminency At which Time he was endued with that Pregnancy and Towardness of Wit As they were Preâ—ages of that Deep and Universall Apprehension which was manifest in him afterward And caused him to be taken notice of by several Persons of Worth and Place And especially by the Queen who as I have been informed delighted much then to confer with him And to prove him with Questions unto whom he delivered Himself with that Gravity and Maturity above his years That her Majesty would often term Him The young Lord Keeper At the ordinary years of Ripeness for the university or rather something earlier He was sent by his Father to Trinity Colledge in Cambridge To be educated and bred under the Tuition of Doctor John White-Gift then Master of the Colledge Afterwards the Renowned Arch-Bishop of Canterbury A Prelate of the First Magnitude for Sanctity Learning Patience and Humility Vnder whom He was observed to have been more then an Ordinary Proficient in the severall Arts and Sciences Whilst he was commorant in the University about 16. years of Age As his Lordship hath been pleased to impart unto my Self he first fell into the Dislike of the Philosophy of Aristotle Not for the Worthlesnesse of the Authour to whom he would ever ascribe all High Attributes But for the Unfruitfulnesse of the way Being a Philosophy as his Lordship used to say onely strong for Disputations and Contentions But Barren of the Production of Works for the Benefit of the Life of Man In which Mind he continued to his Dying Day After he had passed the Circle of the Liberall Arts His Father thought fit to frame and mould him for the Arts of State And for that end sent him over into France with Sir Amyas Paulet then Employed Ambassadour Lieger into France By whom he was after a while held fit to be entrusted with some Message or Advertisement to the Queen which having performed with great Approbation he returned back into France again With Intention to continue for some years there In his absence in France his Father the Lord Keeper died Having collected as I have heard of Knowing Persons a considerable summe of Money which he had separated with Intention to have made a competent Purchase of Land for the Lively-hood of this his youngest Son who was onely unprovided for And though he was the youngest in years yet he was not the lowest in his Fathers Affection But the said Purchase being unaccomplished at his Fathers Death there came no greater share to him than his single Part and Portion of the Money dividable amongst 5. Brethren By which meanes he lived in some streits and Necessities in his younger years For as for that pleasant Scite and Mannour of Gorhambury he came not to it till many years after by the Death of his Dearest Brother Mr. Anthony Bacon A Gentleman equall to him in Heigth of Wit Though inferiour to him in the Endowments of Learning and Knowledge Vnto whom he was most nearly conjoyned in Affection They two being the sole Male Issue of a second Venter Being returned from Travaile he applyed himself to the study of the Common Law which he took upon him to be his Profession In which he obtained to great Excellency Though he made that as himself said but as an Accessary and not as his Principall study He wrote severall Tractates upon that Subject Wherein though some great Maisters of the Law did out-go him in Bulk and Particularities of Cases yet in the Science of the Groundsâ— and Mysteries of the Law he was exceeded by none In this way he was after a while sworn of the Queens Counsell Learned Extraordinary A Grace if I err not scarce known before He seated himself for the Commodity of his studies and Practise amongst the Honourable Society of Greyes Inn Of which House he was a Member where he Erected that Elegant Pile or Structure commonly known by the Name of the Lord Bacons Lodgings which he inhabited by Turns the most part of his Life some few years onely excepted unto his Dying Day In which House he carried himself with such Sweetnesse Comity and Generosity That he was much revered and loved by the Readers and Gentlemen of the House Notwithstanding that he professed the Law for his Livelyhood and Subsistence Yet his Heart and Affection was more carried after the Affaires and Places of Estate For which if the Majesty Royall then had been pleased he was most fit In his younger years he studied the Service and Fortunes as they call them of that Noble but unfortunate Earl the Earl of Esâ—ex unto whom he was in a sort a Private and free Counseller And gave him safe and Honourable Advice Till in the end the Earl inclined too much to the violent and precipitate Counsell of others his Adherents and Followers which was his Fate and Ruine His Birth and other Capacities qualified him above others of his Profession to have
Ordinary Accesses at Court And to come frequeâ—tly into the Queens Eye who would often grace him with private and free Communication Not onely about Matters of his Profession or Businesse in Law But also about the Arduous Affairs of Estate From whom she received from time to time great Satisfaction Neverthelesse though she cheered him much with the Bounty of her Countenance yet she never cheered him with the Bounty of her Hand Having never conferred upon him any Ordinary Place or Means of Honour or Profit Save onely one dry Reversion of the Registers Office in the Star-Chamber worth about 1600 l. per Annum For which he waited in Expectation either fully or near 20. years Of which his Lordship would say in Queen Elizabeths Time That it was like another Mans Ground buttalling upon his House which might mend his Prospect but it did not fill his Barn Neverthelesse in the time of King James it fell unto him Which might be imputed Not so much to her Majesties Aversenesse or Disaffection towards him As to the Arts and Policy of a Great Statesman â—hen who laboured by all Industrious and secret Means to suppresse and keep him down Lest if he had riseâ— he might have obscured his Glory But though he stood long at a stay in the Dayes of his Mistresse Queen Elizabeth Yet after the change and Comming in of his New Master King James he made a great Progresse By whom he was much comforted in Places of Trust Honour and Revenue I have seen a Letter of his Lordships to King James wherein he makes Acknowledgement That He was that Master to him that had raysed and advanced him nine times Thrice in Dignity and Sixe times in Office His Offices as I conceive were Counsell Learned Extraordinary to his Majesty as he had been to Queen Elizabeth Kings Solliciter Generall His Majesties Atturney Generall Counseller of Estate being yet but Atturney Lord Keeper of the Great Seal of England Lastly Lord Chanceller Which two last Places though they be the same in Auâ—hority and Power yet they differ in Patent Heigth and Favour of the Prince Since whose time none of his Successours did ever bear the Title of Lord Chanceller His Dignities were first Knight Then Baron of Verulam Lastly Viscount Saint Alban Besides other good Gifts and Bounties of the Hand which his Majesty gave him Both out of the Broad Seal And out of the Alienation Office Towards his Rising years not before he entred into a married Estate And took to Wife Alice one of the Daughters and Co-Heires of Benedict Barnham Esquire and Alderman of London with whom He received a sufficiently ample and liberall Portion in Marriage Children he had none which though they be the Means to perpetuate our Names after our Deaths yet he had other Issues to perpetuate his Name The Issues of his Brain In which he was ever happy and admired As Jupiter was in the production of Pallas Neither did the want of Children detract from his good usage of his Consort during the Intermarriage whom he prosecuted with much Conjugall Love and Respect with many Rich Gifts and Enâ—owments Besides a Roab of Honour which he invested her withall which she wore untill her Dying Day Being twenty years and more after his Death The last five years of his Life being with-drawn from Civill Affaires and from an Active Life he employed wholy in Contemplation and Studies A Thing whereof his Lordshâ—p would often speak during his Active Life As if he affected to dye in the Shadow and not in the Light which also may be found in severall Passages of his Works In which time he composed the greatest Part of his Books and Writings Both in English and Latin Which I will enumerate as near as I can in the just Order wherein they were written The History of the Reign of King Henry the Seventh Abecedarium Naturae or A Metaphysicall Piece which is lost Historia Ventorum Historia vitae Mortis Historia Densi Rari not yet Printed Historia Gravis Levis which is also lost A Discourse of a War with Spain A Dialogue touching an Holy War The Fable of the New Atlantis A Preface to a Digest of the Lawes of England The Beginning of the History of the Reign of King Henry the Eighth De Augmentis Scientiarum Or the Advanccment of Learning put into Latin with severall Enrichments and Enlargements Counsells Civill and Morall Or his Book of Essayes likewise Enriched and enlarged The Conversion of certain Psalms into English Verse The Translation into Latin of the History of King Henry the Seventh of the Counsells Civill and Morall of the Dialogue of the Holy War of the Fable of the New Atlantis For the Benefit of other Nations His Revising of his Book De Sapientià Veterum Inquisitio de Magnete Topica Inquisitionis de Luce Lumine Both these not yet Printed Lastly Sylva Sylvarum or the Naturall History These were the â—ruits and Productions of his last five years His Lordship also designed upon the Motion and Invitation of his late Majesty To have written the Reign of King Henry the Eighth But that Work Perished in the Designationâ— meerly God not lending him Life to proceed further upon it then onely in one Mornings Work Whereof there is Extant An Ex Ungue Leonem already Printed in his Lordships Miscellany Works There is a Commemoration due As well to his Abilities and Vertues as to the Course of his Life Those Abilities which commonly goe single in other Men though of prime and Observable Parts were all conjoyned and met in Him Those are Sharpnesâ— of Wit Memory Judgement and Elocution For the Former Three his Books doe abundantly speak them which with what Sufficiency he wrote let the World judge But with what Celerity he wrote them I can best testifie But for the Fourth his Elocution I will onely set down what I heard Sir Walter Rauleigh once speak of him by way of Comparison whose Iudgement may well be trusted That the Earl of Salisbury was an excellent Speaker but no good Pen-man That the Earl of Northampton the Lord Henry Howard was an excellent Pen-man but no good Speaker But that Sir Francis Bacon was Eminent in Both. I have been enduced to think That if there were a Beame of Knowledge derived from God upon any Man in these Modern Times it was upon Him For though he was a great Reader of Books yet he had not his Knowledge from Books But from some Grounds and Notions from within Himself Which notwithstanding he vented with great Caution and Circumspection His Book of Instauratio Magna which in his own Account was the chiefest of his works was no Slight Imagination or Fancy of his Brain But a Setled and Concocted Notion The Production of many years Labour and Travell I my Self have seen at the least Twelve Coppies of the Instauration Revised year by year one after another And every year altred and amended in the Frame thereof Till
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
a particular Examination of it Thirdly whether we shall content our selves with some Entry or Protestation amongst our selves And Fourthly whether we shall proceed to a Message to the King And what Thus I have told you mine Opinion I know it had been more safe and politick to have been silent But it is perhaps more honest and lovingâ— to speak The old Verse is Nam nulli tacuisse nocet nocet esse locutum But by your leave David saiâ—h Silui à bonis Dolor meus renovatus est When a Man speaketh He may be wounded by Others but if He holds his peace from Good Things he wounds Himself So I have done my part and leave it to you to do that which you shall judge to be the best The Charge of Sir Francis Bacon Knight his Majesties Atturney Generall against William Talbot a Counsellor at Law of Ireland upon an Information in the Star-Chamber Ore tenus For a writing under his Hand whereby the said William Talbot being demanded whether the Doctrine of Suarez touching Deposing and Killing of Kings Excommunicated were true or no He answered that he referred himself unto that which the Catholick Roman Church should determine thereof Ultimo die Termini Hilarij undecimo Iacobi Regis My Lords I Brought before you the first sitting of this Term the Cause of Duels But now this last sitting I shall bring before you a Cause concerning the greatest Duell which is in the Christian World The Duels and Conflicts between the lawfull Authority of Soveraign Kings which is Gods Ordinance for the comfort of Humane Society And the swelling pride and usurpation of the See of Rome in Temporalibus Tending altogether to Anarchy and Confusion Wherein if this pretence by the Pope of Rome by Cartels to make Soveraign Princes as the Banditi And to proscribe their Lives and to expose their Kingdomes to prey If these pretences I say and all Persons that submit themselves to that part of the Popes Power be not by all possible Severity repressed and punished The State of Christian Kings will be no other then the ancient Torment described by the Poets in the Hell of the Heathen A man sitting richly roabed solemnly attended delicious fare c. With a Sword hanging over his Head hanging by a small thread ready every moment to be cut down by an accursing and accursed hand Surely I had thought they had been the Prerogatives of God alone and of his secret Judgements Solvam Cingula Regum I will loosen the Girdles of Kings Or again He powreth contempt upon Princes Or I will give a King in my wrath and take him away again in my displeasure And the like but if these be the Claims of a Mortall Man certainly they are but the Mysteries of that Person which exalts himself above all that is called God Supra omne quod dicitur Deus Note it well Not above God though that in a sense be true in respect of the Authority they claim over the Scriptures But Above all that is called God That is Lawfull Kings and Magistrates But my Lords in this uel I find this Talbot that is now before you but a Coward For he hath given ground He hath gone backward and forward But in such a fashion and with such Interchange of Repenting and Relapsing as I cannot tell whether it doth extenuate or aggravate his Offence If he shall more publikely in the face of the Court fall and settle upon a right mind I shall be glad of it And he that would be against the Kings Mercy I would he might need the Kings Mercy But neverthelesse the Court will proceed by Rules of Justice The Offence wherewith I charge this Talbot Prisoner at the Bar is this in brief and in Effect That he hath maintained and maintaineth under his hand a power in the Pope for the Deposing and Murthering of Kings In what sort he doth this when I come to the proper and particular charge I will deliver it in his own words without Pressing or Straining Buâ— before I come to the particular charge of this Man I cannot proceed so coldly but I must expresse unto your Lordships the extreme and imminent Danger wherein our Dear and Dread Soveraign is And in him we all Nay and wherein all Princes of both Religions For it is a common Cause do stand at this day By the spreading and Enforcing of this furious and pernicious Opinion of the Popes Temporall Power which though the modest Sort would blanch with the Distinction of In ordine ad Spiritualia yet that is but an Elusion For he that maketh the Distinction will also make the Case This perill though it be in it self notorious yet because there is a kind of Dulness and almost a Lethargy in this Age Give me leave to set before you two Glasses Such as certainly the like never met in one Age The Glasses of France and the Glasse of England In that of France the Tragedies acted and executed in two Immediate Kings In the Glasse of England the same or more horrible attempted likewise in a Queen and King immediate But ending in a happy Deliverance In France H. 3. in the face of his Army before the walls of Paris stabbed by a wretched Iacobine Fryer H. 4. a Prince that the French do surname the Great One that had been a Saviour and Redeemer of his Country from infinite Calamities And a Restorer of that Monarchy to the ancient State and Splendour And a Prince almost Heroicall except it be in the Point of Revolt from Religion At a time when he was as it were to mount on Horse-back for the Commanding of the greatest Forces that of long time had been levied in France This King likewise stilletted by a Rascal votary which had been enchanted and conjured for the purpose In England Queen Elizabeth of blessed memory A Queen comparable and to be rankt with the greatest Kings Oftentimes attempted by like votaries Sommervile Parry Savage and others But still protected by the Watch-man that Slumbreth not Again our excellent Soveraign King Iames The Sweetness and Clemency of whose nature were enough to quench and mortifie all Malignity And a King shielded and supported by Posterity Yet this King in the Chair of Majesty his Vine and Olive Branches about him Attended by his Nobles and Third Estate in Parliament Ready in the Twinckling of an Eye As if it had been a particular Doomesday To have been brought to Ashes dispersed to the four Winds I noted the last day my Lord Chief Iustice when he spake of this Powder Treason he laboured for words Though they came from him with great Efficacy yet he truly confessed and so must all Men That that Treason is above the Charge and Report of any Words whatsoever Now my Lords I cannot let passe but in these Glasses which I spake of besides the Facts themselves and Danger to shew you two Things The one the Wayes of God Almighty which turneth the Sword of Rome
the Table the Daily Bread for which we pray is turned to a deadly Snare But I think rather that that was meant of the Treachery of Friends that were participant of the same Table But let us go on It is an Offence my Lords that hath the two Spurs of Offending Spes Perficiendi and Spes Celandi It is easily committed and easily concealed It is an Offence that is Tanquam Sagitta nocte volans It is the Arrow that flies by Night It discerns not whom it hits For many times the Poyson is laid for one and the other takes it As in Sanders Case where the Poysoned Apple was laid for the Mother and was taken up by the Child and killed the Child And so in that notorious case whereupon the Statute of 22º H. 8 Cap. 9º was made where the Intent being to poyson but one or two Poyson was put into a little Veâ—sell of Barm that stood in the Kitchin of the Bishop of Rochesters House Of which Barm Pottage or Gruell was made wherewith 17 of the Bishops Family were Poysoned Nay Divers of the Poor that came to the Bishops Gate and had the broken Pottage in Alms were likewise Poysoned And therefore if any Man will comfort himself or think with himself Here is great Talk of Impoysonment I hope I am safe For I have no Enemies Nor I have nothing that any Body should long for why that is all one For he may sit at Table by one for whom Poyson is prepared and have a Drench of his Cup or of his Pottage And so as the Poet saith Concidit infelix alieno vulnere He may die another Mans Death And therefore it was most gravely and judiciously and properly provided by that Statute That Impoysonment should be High Treason Because whatsoever Offence tendeth to the utter Subversion and Dissolution of Human Society is in the nature of High Treason Lastly it is an Offence that I may truly say of it Non est nostri Generis nec Sanguinis It is Thanks be to God rare in the Isle of Brittanny It is neither of our Country nor of our Church you may find it in Rome or Italy There is a Region or perhaps a Religion for it And if it should come amongst us certainly it were better living in a Wildernesse than in a Court. For the particular Fact upon Overburyâ— First for the Person of Sir Thomas Overbury I knew the Gentleman It is true his Mind was great but it moved not in any good Order yet certainly it did commonly fly at good Things And the greatest Fault that I ever heard by him was that he made his Friend his Idoll But I leave him as Sir Thomas Overbury But then take hiâ— as he was the Kings Prisoner in the Tower And then see how the Case stands In that place the State is as it were Respondent to make good the Body of a Prisoner And if any thing happen to him there it may though not in this Case yet in some others make an Aspersion and a Reflexion upon the State it self For the Person is utterly out of his own Defence His own Care and Providence can serve him nothing He is in Custody and Preservation of Law And we have a Maxime in our Law as my Lords the Iudges know that when a State is in preservation of Law nothing can destroy it or hurt it And God forbid but the like should be for the Persons of those that are in Custody of Law And therefore this was a Circumstance of great Aggravation Lastly to have a Man chaced to Death in such manner as it appears now by Matter of Record For other Privacy of the Cause I know not By Poyson after Poyson first Roseaker then Arsenick then Mercury Sublimate then Sublimate again It is a Thing would astonish Mans Nature to hear it The Poets faign that the Furies had whips and that they were corded with Poysonous Snakes And a Man would think that this were the very Case To have a Man tied to a Poast and to scourge him to Death with Snakes For so may truly be termed Diversity of â—oysons Now I will come unto that which is the Principall That is his Majesties Princely yea and as I may truly term it Sacred proceeding in this Cause Wherein I will first Speak of the Temper of his Iustice and then of the Strength thereof First it pleased my Lord Chief Iustice to let me know That which I heard with great Comfort Which was the Charge â—hat his Majesty gave to Himself first And afterwards to the Commissioners in this Case worthy certainly to be written in Letters of Gold wherein his Majesty did fore-rank and make it his prime Direction that it should be carried without touch to any that was innocent Nay more not onely without Impeachment but without Aspersion which was a most Noble and Princely Caution from his Majesty For Mens Reputations are tender Things And ought to be like Christs Coat without Seam And it was the more to be respected in this Case because it met with two great Persons A Noble Man that his Majesty had favoured and advanced And his Lady being of a Great and Honourable House Though I think it be true that the Writers say that there is no Pomgranate so fair or so sound but may have a perished Kernell Nay I see plainly that in those excelâ—lent Papers of his Majesties own Hand writing Being as so many Beams of Iustice issuing from that Vertue which doth shine in him I say I see it was so evenly carried without prejudiceâ— whither it were a true Accusation of the one part or a Practise of a false Accusation on the other As shewed plainly that his Majesties Judgement was tanquam Tabula Rasa as a clean pair of Tables And his Ear tanquam Ianua aperta As a Gate not side open but wide open to Truth as it should be by little and little discovered Nay I see plainly that at the first till further Light did break forth his Majesty was little moved with the First Tale which he vouchsafeth not so much as the Name of a Tale But calleth it a Rumour which is an Headless Tale. As for the Strength or Resolution of his Majesties Iustice I must tell your Lordships plainly I do not marvell to see Kings thunder out Iustice in Cases of Treason when they are touched Themselves And that they are Vindices Doloris Proprij But that a King should pro Amore Iustitiae onely Contrary to the Tide of his own Affection for the preservation of his People take such Careâ— of a Cause of Iustice That is rare and worthy to be celebrated far and nearâ— For I think I may truly affirm that there was never in this Kingdome nor in any other Kingdome the Bloud of a private Gentleman vindicated Cum tanto Moâ—u Regni or to say better Cum tanto Plausu Regni If it had concerned the King or Prince there could not have been Greater nor
Better Commissioners to examine it The Term â—ath been almost turned into a Iustitium or Vacancy The People themselves being more willing to be Lookers on in this Business then to follow their own There hath been no Care of Discovery omitted no Moment of Time lost And therefore I will conclude this Part with the Saying of Salomon Gloria Dei celare rem gloria Regis Scrutari rem And his Majesties Honour is much the greater for that he hath shewed to the World in this Businesse as it hath Relation to my Lord of Sommerset whose Case in no sort I do prejudge being ignorant of the Secrets of the Cause but taking him as the Law takes him hitherto for a Suspect I say the King hath to his great Honour shewed That were any Man in such a Case of Bloud as the Signet upon his Right Hand as the Scripture sayes yet would He put him off Now will I come to the particular Charge of these Gentlemen whose Qualities and Persons I respect and love For they are all my particular Friends But now I can only do this Duty of a Friend to them to make them know their Fault to the full And therefore first I will by way of Narrative declare to your Lordships the Fact with the occasion of it Then you shall have their Confessions read upon which you are to proceed Together with some Collaterall Testimonies by way of Aggravation And lastly I will note and observe to your Lordships the Materiall points which I do insist upon for their Charge And so leave them to their Answer And this I will doe very briefly for the Case is not perplexed That wretched Man Weston who was the Actor or Mechanicall Party in this Impoysonment at the first day being indicted by a very substantiall Iury of Selected Cittizens to the number of 19. who foâ—nd â—illa vera yet neverthelesse at the first stood mute But after some dayes Intermission it pleased God to cast out the Dumb Devill And that he did put himself upon his Tryall And was by a Jury also of great Value upon his Confession and other Testimonies found guilty So as 31. sufficient Iurours have passed upon him whereupon Judgement and Execution was awaâ—ded against him After this being in preparation for another World he sent for Sr. Thomas Overburies Father and falling down upon his knees with great Remorce and Compunction asked him forgivenesse Aftâ—rwards againe of his own Motion desired to have his like prayer of forgivenesseâ— recommended to his Mother who was abâ—ent And at boâ—h times out of the abundance of his Heart Confâ—ssâ—d that he was to die justly and that he was woâ—thy of Deâ—th And after again at his Execution which is a kind of sealing tâ—me of Confessions evâ—n at the point of Death Although there were Tempters about him as you shall hear by and by yet he did again confirm publickly that his Examinations weâ—e â—rue And that he had been justly and honourably dealt with Here is the Narrative which enduceth the Charge The Chaâ—ge it self is this M. L. Whose Offence stands alone single the Offence of the other two being in consort And yet all three meetingâ— in their End and Center which was to interrupt or deface this Excellent piece of Iustice M. L. I say mean while between Westons standing mute and his Tryall Takes upon him to mâ—ke a most False Odious and Libellous Relation Containing as many Untruths as Lines And sets it down in writing with his own Hand And deliveâ—s it to Mr. Henry Gibb of the Bed-chamber to be put into the Kings Hand In which writing he doth falsifie and pervert all that was done the first day at the Arraignment of Weston Turning the Pike and Point of his Imputations principally upon my Lord Chief Iustice of England Whose Name thus occurring I cannot pass by And yet I can not skill to flatter But this I will say of him and I would say as much to Ages if I should write a Story That never Mans Person and his place were better met in a Businesse then my Lord Cooke and my Lord Chief Iustice in the Cause of Overbury Now My Lords in this Offence of M. L For the particulars of these slanderous Articles I will observe them unto you when the Writings and Examinations are read For I do not love to set the Gloss before the Text. But in generalâ— I noâ—e to your Lordships First the Person of M. L. I know he is a Scottish Gentleman and thereby more ignorant of our Lawes and Formes But I cannot tell whither this doth extenuate his Fault in râ—spect of Ignorance Or aggravate it much in respect of Presumptiou That he would meddle in that that he understood not But I doubt it came not out of his Quiver Some other Mans Cunning wrought upon this Mans Boldnesse Secondly I may note unto you the Greatnesse of the Cause Wherein he being a private mean Gentleman did presume to deal M. L could not but know to what great and grave Commissioners the King had committed this Cause And that his Majesâ—y in his Wiâ—edom would expect return of all things from them to whose trust he had committed this Businesse For it is the part of Commissioners as well to report the Businesse as to mannage the Businâ—sse And then his Majesty mought have been sure to have had all thingâ— well weighed and truly informed And therefore it should have been far from M. L. to have presumed to have put fâ—rth his Hand to so high and tender a Businesse which was not to be touched but by Employed Hands Thirdly I note to your Lordships that this Infusion of a Slander into a Kings Ear is of all Formes of Libells and Slanders the worst It is true that Kingâ— may keep secret their Informations and then no Man ought to enquire after them while they are shrined in their Breast But where a King is pleased that a Man shall answer for his false Information There I say the false Information to a King â—xceeds in Offence the false Information of any other kind Being a kind since we are in matter of Poyson of Impoysonment of a Kings Ear. And thus much for the Offence of M. L. For the Offence of S. W. and H. I. which I said was in consort it was shortly this At the â—ime and Place of the Execution of Weston To â—upplant his Christian Resolution and to Scandalâ—zeâ—he â—he Iustice already past perhapâ— to cut off the thred of thâ—tâ— which is to come These Gentlemen with others came mounted on Horseback And in a Ruffling and Facing manner put themselves forward to re-examine Weston upon Questions And what Questions Directly crosse to that that had been tryed and judged For what was the point tried That Weston had poysoned Overbury What was S. W. Question Whether Weston did poyson Ovâ—rbury or no A Contradictory directly Weston answered only that he did him wrong And turning to the Sheriffe said You promised me I
should not be troubled at this time Neverthelesse He pressed him to answer saying He desired to know it that he mought pray with him I know not that S. W. is an Ecclesiastick that he should cut any Man from Communion of Prayer And yet for all this vexing of the Spirit of a poor Man now in the Gates of Death Weston neverthelesse stood constant and said I die not unworthily My Lord Chief Iustice hath my mind under my hand and he is an Honourable and just Iudge This is S. W. his Offence For H. I. he was not so much a Questionist but wrought upon the others Questions And like a kind of Confessor wished him to discharge his Conscience and to satisfie the World What World I marvaile It was sure the World at Tyburn For the World at Guild-Hall and the World at London was satisfied before Teste the Bells that rang But men have a got fashion now a dayes that two or three busie Bodies will take upon them the Name of the World And broach their own Conceits as if it were a general Opinion Well what more When they could not work upon Weston then H.I. in an Indignation turned abont his Horse when the other was turning over the Ladder And said he was sorry of such a Conclusion That was to have the State honoured or justified But others took and reported his words in another degree But that I leave seeeing it is not Confessed H. I. his Offence had another Appendix before this in time which was that at the day of the Verdict given up by the Iury He also would needs give his Verdict Saying openly that if he were of the Iury he would doubt what to do Marry he saith he cannot tell well whether he spake this before the Jury had given up the Verdict or after Wherein there is little gained For whether H. I. were a Pre-Jurour or a Post-Jurour The one was as to prejudge the Iury the other as to taint them Of the Offence of these two Gentlemen in generall your Lordships must give me leave to say that it is an Offence greater and more dangerous then is conceived I know well that as we have no Spanish Inquisitions nor Iustice in a Corner So we have no Gagging of Mens Mouths at their Death But that they may speak freely at the last Hour But then it must come from the free Motion of the Party not by Temptation of Questions The Questions that are to be asked ought to tend to furâ—her Revealing of their own or others Guiltiness But to use a Question in the Nature of a false Interrogatory to falsifie that which is Res Iudicata is intollerable For that were to erect a Court or Commission of Review at Tyburn against the Kings Bench at Westminster And besides it is a Thing vain and idle For if they anâ—swer according to the Iudgement past it adds no Credit Nor if it be contrary it derogateth nothing But yet it subjecteth the Majesty of Iustice to popular and vulgar Talk and opinion My Lords these are great and dangerous Offences For if we do not maintain Iustice Iustice will not maintain us But now your Lordships shall hear the Examinations themselves upon which I shall have occasion to note some particular Things c. The Effect of that which was spoken by the Lord Keeper of the Great Seal of England at the taking of his place in Chancery In performance of the Charge his Majesty had given him when he received the Seal 1617. BEfore I enter into the Business of the Court I shall take advantage of so many Honourable witnesses to publish and make known summarily what charge the Kings most excellent Majesty gave me when I received the Seal And what Orders and Resolutions my Self have taken in Conformity to that charge That the King may have the Honour of Direction And I the part of Obedience Whereby Your Lordships and the Rest of the Presence shall see the whole Time of my sitting in the Chanceryâ— which may be longer or shorter as please God and the King contrâ—cted into one Houre And this I do for three Causes First to give Account to the King of his Commandement Secondly that I may be a Guard and Custody to my self and mine own Doings That I do not swerve or recede from any Thing that I have professed in so Noble Company And thirdly that all men that have to do with the Chancery or the Seal may know what they shall expect And both set their Hearts and my Ears at rest Not moving me to any Thing against these Rules Knowing that my Answer is now turned from a Nolumus into a Non possumus It is no more I will not But I cannot After this Declaration And this I do also under three Cautions The first is that there be some Things of a more Secret and Counsell like Nature which are rather to be Acted then Published But these Things which I shall speak of to day are of a more publick Nature The second is that I will not trouble this Presence with every Particular which would be too long But select those Things which are of greatest efficacy and conduce most ad summas Rerum Leaving maâ—y other Particulars to be set down in a Publick Table According to the good Example of my last Predecessour in his Beginning And lastly that these Imperatives which I have made but to my Self and my Times be without prejudice to the Authority of the Court or Wiser Men that may succeed me And chiefly that they are wholy submitted unto the great Wisdom of my Soveraignâ— The absolutest Prinâ—e in Iudicature that hath been in the Christian World For if any of these Things which I intend to be Subordinate to his Directions shall be thought by his Majesty to be Inordinate I shall be most ready to reform them These things are but tanquam Albâ—m Praetoris For so did the Roman Praetors which have the greatest Affinity with the Iurisdiction of the Chancellor here who used to set down at their Entrance how they would use their Iurisdiction And this I shall do my Lords in verbis Masculis No flourishing or Painted Words but such as are fit to go before Deeds The Kings Charge which is my Lanthorn rested upon four Heads THe first was that I should contain the Iurisdiction of the Court within his true and due Limits without Swelling or Excesse The second that I should think the putting of the Great Seal to Letters Patents was not a Matter of Course after precedent Warrants But that I should take it to be the Maturity and Fulness of the Kings Intentions And therefore that it was one of the greatest Parts of my Trust if I saw any Scruple or Cause of stay that I should acquaint him Concluding with a Quod dubites ne feceris The third was that I should retrench all unnecessary delayes That the Subject mought find that he did enjoy that same Remedy against the Fainting of the
Assistants Nay I assure your Lordships if I should find any main Diversity of Opinion of my Assistants from mine own Though I know well the Iudicature wholy resides in my self yet I think I should have Recourse to the Oracle of the Kings own Judgement before I should pronounce And so much for the temperate use of the Authority of this Court wherein the Health of the Court doth much consist As that of the Body consists in Temperance For the Second Commandement of his Majesty touching staying of Grants at the Great Seale There may be just Cause of Stay Either in the Matter of the Grant Or in the Manner of pâ—ssing the same Out of both which I extract these 6. principall Cases which I will now make known All which neverthelesse I understand to be wholly submitted to his Majesties Will and Pleasure after by me he shall have been informed For if Iteratum Mandatum do come Obedience is better then sacrifice The First Case is where any Matter of Revenew or Treasure or Profit passeth from his Majesty My First Duty shall be to examine whether the Grant hath passed in the due and naturall Course by the Great Officers of the Revenew The Lord Treasurer and Chanceller of the Exchequer And with their privity which if I find it not to be I must presume it to have passed in the dark and by a kind of surreption And will make stay of it till his Majesties pleasure be further known Secondly if it be a Grant that is not meerly vulgar And hath not of Course passed at the Signet by a Fac Simile But needeth Science my Duty shall be to examine whether it hath passed by the Learned Counsell and had their Dockets which is that which his Majesty reades and that leades him And if I find it otherwise although the Matter were not in it self inconvenient yet I hold it Just Cause of Stay for Presidents sake to keep Men in the right way Thirdly if it be a Grant which I conceive out of my little knowledge to be against the Law Of which nature Theodosius was wont to say when he was pressed I said it but I granted it not if it be unlawâ—ull I will call the learned Counsell to it As well him that drew the Book as the Rest or some of them And if we find cause I will enform his Majesty of our Opinion either by my self or some of them For as for the Iudges they are Iudges of Grants past but not of Grants to come except the King call them Fourthly if the Grants be against the Kings Booke of Bounty I am expresly Commanded to stay them untill the King either Revise his Booke in Generall or give Direction in the particular Fiftly if as a Counseller of Estate I do foresee inconvenience to ensue by the Grant in reason of Estate in respect of the Kings Honour Or Discontent or Murmur of the People I will not trust mine own Judgement but I will either acquaint his Majesty with it or the Couâ—sell Table or some such of my Lords as I shall think fit Lastly for Matter of Pardons If it be of Treason Misprision of Treason Murther either expressed or involute by a non Obstante Or of a Pyracy or Premunire or of Fines Or Exemplary punishment in Star-Chamber Or of some other natures I shall by the grace of God stay them untill his Majesty who is the Fountain of Grace may resolve between God and him understanding the Case how far Grace shall abound or superabound And if it be of Persons attainted and Convicted of Burglaryâ— c. Then will I examin whether the Pardons pasâ—ed the Hand of any Justice of Assise Or other Commissioners before whom the Triall was made And if not I think it my duty also to stay them Thus your Lordships see in this Matter of the Seal agreeable to the Commandement I have received I mean to walk in the Light So that Men may know where to find me And this publishing thereof plainly I hope will save the King from a great deal of Abuse And Me from a great deal of Envy When Men shall see that no particular Turn or end leades me but a Generall Rule For the Third Generall Head of his Majesties Precepts concerning Speedy Iustice I am resolved that my Decree shall come speedily if not instantly after the Hearing And my signed Decree pronounced For it hath been a Manner much used of late in my last Lords time oâ— whom I learn much to Imitate and with due reverence to his memory let me speak it Much to avoid That upon the Solemn Full Hearing of a Cause nothing is pronounced in Court But Breviates are required to be made Which I do not dislike in it self in Causes perplexed For I confess I have somwhat of the Cunctative And I am of Opinion that whosoever is not wiser upon Advice then upon the suddain The same Man is no wiser at 50. yeares old then he was at 30. And it was my Fathers ordinary Word You must give me time But yet I find that when such Breviates were taken the Cause was sometimes forgotten a Terme or two And then set down for a New hearing or a Rehearing three or four Termes after Of which kind of Intermission I see no Use And therefore I will promise regularly to pronounce my Decree within few dayes after my Hearing And to sign my Decree at least in the Vacation after the pronouncing For fresh Iustice is the sweetest And besides Iustice ought not to be delayed And it will also avoid all Meanes-making or Labouring For there ought to be no Labouring in Causes but the Labouring of the Counsell at the Barr. Again because Iustice is a Sacred Thing And the end for which I am called to this place And therefore is my way to Heaven And if it be shorter it is never a whit the worse I shall by the grace of God as far as God will give me strength add the Afternoon to the Forenoon And some Fourth night of the Vacation to the Term For the expediting and clearing of the Causes of the Court Only the depth of the Three long Vacations I would reserve in some measure free for Business of Estate And for Studies of Artes and Sciences to which in my Nature I am most inclined There is another Point of true Expedition which resteth much in My self And that is in the Manner of giving Orders For I have seen an Affectation of Dispatch turn utterly to Delay and Lengâ—h For the manner of it is to take the Tale out of the Counsellor at Bar his Mouth and to give a Cursory Order nothing tending or conducing to the end of the Businesse It makes me remember what I heard one say of a Judge that saâ—e in the Chancery That he would make 80. Orders in a Morning out of the way And it was out of the way indeed For it was nothing to the End of the Businesse And this is that which
makes 60 80 100. Ordâ—rs in a Cause too and fro begetting one another and like Penelopes Web doing and undoing But I mean not to purchase the Praise of Expeditive in that kind But as one that have a Feeling of my Duty and of the Case of others my Endeavour shall be to hear patiently And to cast my Order into such a mould as may soonest bring the Subject to the End of his Iourney As for such Delayes as may concern Oâ—hers the great Abuse is that if the Plaintiffe have got an Injunction to stay sutes at Common Law then he will Spin on his Cause at length But by the grace of God I will make Injunctions an hard Pillow to sleep on For if I find that he prosecutes not with effect he may hap when he is awake find not onely his Injunction dissolved but his Cause dismissed There be other particular Orders I mean to take for Non Prosecution or faint Prosecution wherewith I will not trouble you now Because Summa sequar Fastigia Rerum And so much for Mattâ—r of Expedition Now for the fouth and last Point of the Kingâ— Commandement For the cutting off of unnecessary charge of the Subject A great part of it is fulfilled in the precedent Article touching Expedition For it is the Length of Suits that doth multiply Charge chiefly But yet there are some other Remedies that conduce thereunto First therefore I shall maintain strictly and with Severity the Former Orders which I find made by my Lord Chanceller for the immoderate and needles prolixity and length of Bills and Answers and so forth As well in punishing the party as fining the Counsell whose hand I shall find at such Bills Answers c. Secondly for all the Examinations taken in the Court I do give charge unto the Examiners upon perill of their places that they do not use idle Repetitions or needless Circumstances in setting down the Depositions taken by them And I would I could help it likewise in Commissions in the Countrey But that is almost unpossible Thirdly I shall take a diligent Survey of the Ceppies in Chancery That they have their just number of Lines and without open or wastfull writing Fourthly I shall be carefull that there be no Exaction of any new Fees but according as they have been heretofore set and Tabled As for Lawyers Fees I must leave to the Conscience and Merit of the Lawyer And the Estimation and Gratitude of the Client But yet this I can do I know there have used to attend this Barr a Number of Lawyers that have not been heard sometimes scarce once or twice in a Term And that makes the Client seek to Great Counsell and Favourites as they call them A Term fitter for Kings then Iudges And that for every Order that a mean Lawyer mought dispatch and as well Therefore to help the Generality of Lawyâ—rs And therein to ease the Client I will constantly observe that every Tuesday and other Dayes of Orders after nine a Clock strucken I will hear the Bar untill 11 or half an Hour after 10 at the least And since we are upon the point whom I will hear your Lordships will give me leave to tell you a Fancy It falls out that there be three of us the Kings servants in great place that are Lawyers by Descent Mr. Atturney Son of a Iudge Mr. Solliciter likewise Son of a Iudge And my self a Chancellers Son Now because the Law roots so well in my time I will water it at the Root thus far As besides these great Ones I will hear any Iudges Sonn before a Sergeant And any Sergeants Sonn before a Reader Lastly for the better Ease of the Subjects And the Brideling of contentious Sutes I shall give better that is greater Costs where the Suggestions are not proved then hath been hitherto used There be divers other Orders for the better Reiglement of this Court And for Granting of Writs And for Granting of Benefices And other Things which I shall set down in a Table But I will deal with no oâ—her to day but such as have a proper Relation to his Majâ—sties Commandement It being my Comfort that I serve such a Master that I shall need to be but a Conduit for the conveying onely of his Goodness to his People And it is true that I do affect and aspire to make good that Saying That Optimuâ— Magistratus praestat optimae Legi which is true in his Majesty But for my self I doubt I shall not attain it But yet I have a Domesticall Example to follow My Lords I have no more to say but now I will go on to the Businesse of the Court. The Speech which was used by the Lord Keeper of the Great Seal in the Star-Chamber before the Summer Circuits the King being then in Scotland 1617. THe King by his perfect Declaration published in this place concerning Iudges and Iustices Hath made the Speech of his Chanceller accustomed before the Circuits rather of Ceremony than of use For as in his Book to his Son he hath set forth a true Character and Platform of a King So in this his Speech he hath done the like of a Iudge and Iustice Which sheweth that as his Majesty is excellently able to Govern in chief So he is likewise well seen and skilfull in the inferiour Offices and Stages of Justice and Government which is a Thing very rare in Kings Yet neverthelesse somewhat must be said to fulfill an old Observance But yet upon the Kings Grounds and very briefly For as Salomon saith in another Case In these things who is he that can come after the King First you that are the Iudges of Circuits are as it were the Planets of the Kingdome I do you no Dishonor in giving you that name And no doubt you have a great stroak in the Frame of this Government As the other have in the great Frame of the World Do therefore as they do Move alwayes and be carried with the Motion of your first Mover which is your Soveraign A popular Iudge is a Deformed Thing And Plaudite's are fitter for Players then for Magistrates Do good to the people Love them and give them Justice But let it be as the Psalm saith Nihil inde Expectantes Looking for nothing neither Praise nor Profit Yet my Meaning is not when I wish you to take heed of Popularity that you should be imperious and Strange to the Gentlemen of the Countrey You are above them in Power but your Rank is not much unequall And learn this That Power is ever of greatesâ— strength when it is civilly carried Secondly you must remember that besides your ordinary Administration of Iustice you do carry the two Glasses or Mirrours of the State For it is your Duty in these your Visitations To represent to the people the Graces and Care of the King And again upon your Return To present to the King the Distastes and Griefs of the People Mark what the King sayes in
of Man to which they have not applyed themselves Thereby to insinuate their Untruths and abuses to the World And indeed let a Man look into them and he shall find them the only Triumphant Lies that ever were confuted by Circumstances of Time and Place Confuted by Contrariety in themselves Confuted by the Witness of infinite Persons that live yet and have had particular Knowledge of the Matters But yet avouched with such Asseveration as if either they were fallen into that strange Disease of the Mind which a Wise Writer describeth in these words Fingunt simul creduntque Or as if they had received it as a principall Precept and Ordinance of their Seminaries Audacter calumniare semper aliquid haeret Or as if they were of the Race which in old time were wont to help themselves with Miraculous Lies But when the Cause of this is entred into Namely that there passeth over out of this Realm a number of Eager and Unquiet Schollers whom their own Turbulent and Humourous Nature presseth out to seek their Adventures abroad And that on the other side they are nourished rather in Listening after News and Intelligences and in Whisperings then in any Commendable Learning And after a time when either their Necessitous Estate or their Ambitious Appetites importune them they fall on devising how to do some acceptable service to that side which maintaineth them So as ever when their Credit waxeth Cold with Forrain Princes Or that their Pensions are ill pay'd Or some Preferment is in sight at which they levell Straitwayes out commeth a Libell pretending thereby to keep in life the party which within the Realm is contrary to the State Wherein they are as wise as he that thinketh to kindle a Fire by blowing the dead Ashes When I say a man looketh into the Cause and Ground of â—his plentifull yield of Libells he will cease to marvaile considering the Concurrence which is as well in the Nature of the â—eed as in the travell of Tilling and dressing yea and in the Fitnesse of the Season for the Bringing up of those infectious weeds But to verefie the Saying of our Saviour Non est Discipulus super Magistrum As they have sought to deprave her Majesties Government in her self So have they not forgoâ—ten to do the same in her principall Servants and Counsellers Thinking belike that as the Immediate Invectives against her Majesty do best satisfie the Malice of the Forreiner So the slander and Calumniation of her principall Counsellours agreed best with the Humours of some Male-contents within the Realm Imagining also that it was like they should be more scattered here and freelier dispersed And also should be lesse odious to those Forrainers which were not meerely partiall and passionate who have for the most partâ— in detestation the Traiterous Libellings of Subjâ—cts directly against their Naturall Prince Amongst the Rest in this kind there hâ—th been publisâ—â—d this present year of 1592. a Libel that giveth place to none of the Resâ— in Malice and untruths Though inferior to most of them in penning and Sâ—ile The Authour having chosen the vaine of a Luciâ—nist And yet being a Counterfeit even in that kind The Libell is intitulâ—d A Declaration of the true Causes of the great Troubles presupposed to be intended against the Realm of England And hath a Semblance as if it were bent against the Doings of her Majâ—sties Ancient and Worthy Counsellor the Lord â—urghley Whose Carefuâ—ness and Paines her Majesty hath used in her Counsells and Actions of this Realm for these 34. years space in all dangerous Times And amidst many and mighty practises And with such succâ—sse as our Enemies are put still to their Paper-shot of such Libels as these The memory of whom will remain in this Land when all these Libels shall be extinct and forgotâ—en According to the Scripture Memoria Iusti cum landibus at Impiorum Nomen putrescet But it is more then evident by the parts of the same Book that the Authors Malice was to her Majesty and her Covernment As may especially appear in this That he charged not his Lordship with any particular Actions of his private Life Such power had Truth whereas the Libels made against other Counsellors have principally insisted upon that part â—ut hath only wrested and detorted such Actions of Sate as in Times of his Service have been Mannaged And depraving them hath ascribed and imputed to him the Effects that have followed Indeed to the Good of the Realm and the Honour of her Majesty Though sometimes to the Provoking of the Maliâ—e but Abridging of the Power and Meanes of Desperate and Incorâ—igible Subjects All which Slanders as his Lordship might justly despise Both for their Manifest Vntruths and for the Basenesse and Obscurity of the Authour So neverthelesse according to the Moderation which his Lordship useth in all Things Never claiming the Priviledge of his Authority when it is Question of satisfying the World He hath been content that they be not passed over altogether in Silence Whereupon I have in particular Duty to his Lordship amongst others that do Honour and Love his Lordship And that have â—iligently observed his Actions And in Zeal of Truth collected upon the Reading of the said Libell certain Observations Not in Form of a just Answer lest I should fall into the Error whereof Salomon speaketh thus Answer not a Foole in his own kind least thou also be like him But only to discover the Malice to reprove and convict the Untruths thereof The Points that I have observed upon the Reading of this Libell are these following 1. Of the Scope or Drift of the Libeller 2. Of the present Estate of this Realm of England whether it may be truly avouched to be Prosperous or Afflicted 3. Of the Proceedings against the pretended Catholiques whether they have been Violent or Moderate and necessary 4. Of the Disturbance of the Quiet of Christendom And to what Causes it may be justly imputed 5. Of the Cunning of the Libeller in Palliation of his Malicious Invective against her Majesty and the State with pretence of taxing onely the Actions of the Lord Burleigh 6. Certain true Generall Notes upon the Actions of the Lord Burleigh 7. Of diverse particular Vntruhs and Abuses dispersed through the Libell 8. Of the Height of Impudency that these Men are grown unto in Publishing and Avouching Vntruths with particular Recitall of some of them for an Assay 1. Of the Scope or Drift of the Libeller It is good Advice in dealing with Cautelous and Malicious persons Whose Speech is ever at distance with their Meanings Non quid dixerint sed quò spectârint videndum A Man is not to regard what they affirm or what they hold But what they would convey under their pretended Discovery and what turn they would serve It soundeth strangely in the Eares of an English Man That the Miseries of the present State of England exceed them of former times whatsoever One would
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
many wayes And namely to make a Breach between Scotland and England her Majesties Forces were again in the year 1582. by the Kings best and truest Servants sought and required And with the Forces of her Maâ—esty prevailed so far as to be possessed of the Castle of Edenborough the principall part of that Kingdome which neverthelesse her Majesty incontinently with all Honour and Sincerity restored After she had put the King into good and faithfull Hands And so ever since in all the Occasions of Intestine Troubles whereunto that Nation hath been ever subject she hath performed unto the King all possible good Offices and such as he doth with all good Affection acknowledge The same House of Cuise under Colour of Alliance during the Raign of Francis the second and by the Support and practâ—â—â— of the Queen Mother who desiring to retain the Regency under her own Hands during the Minority of Charles the ninth used those of â—uise as a Counterpoise to the Princes of the Bloud obtained also great Authority in the Kingdome of France whereupon having raised and moved Civill Warrs under preâ—ence of Religion But indeed to enfeeble and depresse the Ancient Nobility of that Realm The contrary Part being compounded of the Bloud Royall and the Greatest Officers of the â—rown opposed themselves onely against their Insolency And to their Aides called in her Majesties Forces giving them for security the Town of New-Haven which neverthelesse when as afterwards having by the Reputation of her Majesties Confederation made their Peace in Effect as they would themselves They would without observing any Conditions that had passed have had it back again Then indeed it was held by force and so had been long but for the great Mortality which it pleased God to send amongst our Men. After which time so far was her Majesty from seeking to sowe or kindle New Troubles As continually by the Sollicitation of her Embassadours she still perswaded with the Kings both Charles the 9th and Hen. the 3d to keep and observe their Edicts of Pacification and to preserve their Authority by the Union of their Subjects which Counsell if it had been as happily followed as it was prudently and sincerely given France had been at this day a most Flourishing Kingdome which is now a Theater of Misery And now in the end after that the Ambitious Practises of the same House of Guise had grown to that Ripeness that gathering further strength upon the weakness and Misgovernment of the said King Hen. 3d He was fain to execute the Duke of Guise without Ceremony at Bloys And yet neverthelesse so many Men were embarqued and engaged in that Conspiracy as the Flame thereof was nothing asswaged But contrarywise that King Hen. grew distressed so as he was enforced to implore the Succours of England from her Majesty Though no way interessed in that Quarrell Nor any way obliged for any good offices she had received of that King yet she accorded the same Before the Arrivall of which Forces the King being by a sacrilegious Iacobine murthered in his Camp near Paris yet they went on and came in good time for the Assistance of the King which now raigneth The Justice of whose Quarrell together with the long continued Amity and good Intelligence which her Majesty had with him hath moved her Majesty from time to time to supply with great Aides And yet she never by any Demand urged upon him the putting into her Hands of any Town or Place So as upon this that hath been said let the Reader judge whether hath been the more Just and Honourable Proceeding And the more free from Ambition and Passion towards other States That of Spain or that of England Now let us examine the proceedings reciproque between themselves Her Majesty at her Comming to the Crown found her Realm entangled with the Wars of France and Scotland her nearest Neighbours which Wars were grounded onely upon the Spaniards Quarrell But in the pursuit of them had lost England the Town of Calice Which from the 21. year of King Edward 3 had been possessed by the Kings of England There was a meeting near Burdeaux towards the end of Queen Maries Raign between the Commissioners of France Spain and England and some Overture of Peace was made But broke off upon the Article of the Resâ—itution of Callice After Queen Maries Death the King of Spain thinking himself dischaâ—ged of that Difficulty though in hoâ—our he was no lesse bound to it then before renewed the like Treaty wherein her Majesty concurred so as the Commissioners for the said Princes met at Chasteau Cambraâ—ssi near Cambray In the proceedings of which Treaty it is true that at the first the Commissioners of Spain for form and in Demonstration onely pretended to stand firm upon the Demand of Calliceâ— but it was discerned indeed that the Kings Meaning was after â—ome Ceremonies and perfunctory Insisting thereupon to grow apart to a â—eace with the French excluding her Majesty And so to leave her to make her own Peace after her People Had made his Wars Which Covert Dealing being politickly looked into her Majesty had reason being newly invested in her Kingdom And of her own Inclination being affected to Peace To conclude the same with such Conditions as she mought And yet the King of Spain in his Dissimulation had so much Advantage as she was fain to do it in a Treaty apart with the Frâ—nch whereby to one that is not informed of the Counsels and Treaties of State as they passed it should seem to be a voluntary Agreement of her Majesty whereto the King of Spain would not be party whereas indeed he left her no other choice And this was the first Assay or Earnest penny of that Kings good affection to her Majesty About the same time when the King was sollicited to renew such Treaties and Leagues as had passed between the two Crowns of Spain and England by the Lord Cobham sent unto him to acquaint him with the Death of Queen Mary And afterwards by Sir Thomas Challenor and Sir Thomas Chamberlain successively Embassadours Resident in his Low Countries Who had order divers times during their Charge to make Overtures thereof both unto the King and certain principall persons about him And lastly those former Motions taking no effect By Viscount Montacute and Sir Thomas Chamberlain sent unto Spain in the year 1560 no other Answer could be had or obtained of the King but that the Treaties did stand in as good Force to all Intents as new Ratification could make them An Answer strange at that time but very conformable to his Proceedings since which belike even then were closely smothered in his own Breast For had he not at that time some hidden Alienation of Mind and Design of an Enemy towards her Majesty So wise a King could not be ignorant That the Renewing and Ratifying of Treaties between Princes and States do adde great Life and Force both of Assurance to the parties themselves
and Countenance and Reputation to the World besides And have for that cause been commonly and necessarily used and practised In the Message of Viscount Montacute it was also contained that he should crave the Kings Counsell and Assistance accorâ—ing to Amity and good Intelligence upon a Discovery of certain pernicious Plots of the House of Guise to annoy this Realm by the way of Scotland whereunto the Kings Answer was so Dark and so cold as Nothing could be made of it Till he had made an Exposition of it himself by effects in the expresse Restraint of Munition to be carried out of the Low-Countries unto the Siege of Leith Because our Nation was to have supply thereof from thence So as in all the Negotiations that passed with that King still her Majesty received no satisfaction but more and more suspiâ—ious and Bad Tokens of evill affection Soon after when upon that Project which was disclosed before the King had resolved to disannull the Liberties and Priviledges unto his Subjects the Netherlands anciently belonging And to establish amongst them a Marshall Government which the People being very Wealthy And inhabiting Townes very strong and Defensible by Fortifications both of Nature and the Hand could not endure there followed the Defection and revolt of those Countries In which Action being the greatest of all those which have passed between Spain and England the Proceeding of her Majesty hath been so Just and mingled with so many Honourable Regards as Nothing doth so much clear and acquite her Majesty not only from Passion bâ—t also from all Dishonourable Pollicy For first at the beginning of the Troubles she did impart unto Him faithfull and sincere Advise of the Course that was to be taken for the quietting and appeasing them And expresly forewarned both himself and such as were in principall Charge in those Countries during the Warsâ— of the danger like to ensue if he held so heavy a Hand over that People leâ—â— they should cast themselves into the Arms of a Stranger But finding the Kings Mind so exulcerate as he rejâ—cted all Counsell that tended to Mild and Gracious proceeding her Majesty neverthelesse gave not over her Honourable Resolution which was if it were possible to reduce and reconcile those Countries unto the obedience of their Naturall Soveraign the King of Spain And if that mought not be yet to preserve them from alienating themselves to a Ferrain Lord As namely unto the French with whom they much treated And amongst whom the Enterprise of Flanders was ever propounded as a Mene to unite their own Civill Dissensions Bâ—t patiently temporizing expected the good effect which Time mought breed And whensoever the States grew into Extremitieâ— of Despair and thereby ready to embrace the Offer of any Forrainer Then would her Majesty yield them some Relief of Moneyâ— or permit some Supply of Forces to go over unto them To the end to interrupt such violent Resolution And still continued to mediate unto the King some Just and Honourable Capitulations of Grace and Accord Such as whereby alwayes should have been preserved unto him such Interest and Authority as He in Iustice â—ould claim Or a Prince moderately minded would seek to have And this Course she held interchangeably seeking to mitigate the Wrath of the King and the Despair of the Countries Till such Time as after the Death of the Duke of Anjou Into whose Hands according to her Majesties prediction but against her good liking they had put themselves The Enemy pressing them the united Provinces were received into her Majesties Protection which was after such Time as the King of Spain had discovered himself not onely an Implacable Lord to them but also a proâ—essed Enemy unto her Majesty having actually invaded Ireland â—nd designed the Invasion of England For it is to be noted thaâ— the like Offers which were then made unto her Majesty had been made to her long before but as long as her Majesty conceived any Hope either of Making their Peace Or entertaining her own with Spain she would never hearken thereunto And yet now even at last her Majesty retained a singular and evident Proof to the World of her Justice and Moderation In that she refused the Inheritance and Soveraignty of those Goodly â—rovinces which by the States with much Instance was pressed upon her and being accepted would hâ—ve wrought greater Contentment and Satisfaction both to her People and theirs Being Countries for the Scite Wealth Commodity of Traffick Affection to our Nation Obedience of the Subjects well used most convenient to have been annexed to the Crown of England And withall one Charge Danger and Offence of Spain onely took upon her the Defence and Protection of their Liberties Which Liberties and Priviledges are of that Nature as they may justly esteem themselves but Conditionall Subjects to the King of Spain More justly then Aragon And may make her Majesty as justly esteem the ancient Confederacies and Treaties with Burgundy to be of Force rather with the People and Nation then with the Line of the Duke because it was never an Absolute Monarchy So as to summe up her Majesties Proceedings in this great Action they have but this That they have sought first to restore them to Spain Then to keep them from Strangers And never to purchase them to Her Self But during all that time the King of Spain kept one tenour in his Proceedings towards her Majesty Breaking forth more and more into Injuries and Contempts Her Subjects trading into Spain have been many of them Burned Some cast into the Gallies Others have died in Prison without any other Crimes committed but upon Quarrells pickt upon them for ther Religion here at home Her Merchants at the Sack of Antwerpe were diverse of them spoyled and put to their Ransomesâ— though they could not be charged with any Part-taking Neither upon the Complaint of Doctor Wilson and Sir Edward Horsey could any Redresse be had A generall Arrest was made by the Duke of Alva of English mens both Goods and Persons upon pretence that certain Ships stayed in this Realm laden with Goods and Money of certain Merchants of Genoa belonged to that King which Money and Goods was afterwards to the uttermost value restored and payed back Whereas our Men were far from receiving the like Iustice on their side Doctor Man her Majesties Embassadour received during his Legation sundry Indignities himself being Removed out of Madrid and Lodged in a Village As they are accustomed to use the Embassadours of Moores His Sonn and Steward forced to assist at a Mass with Tapers in their Hands Besides sundry other Contumelies and Reproaches But the Spoyling or Damnifying of a Merchant Vexation of a Common Subject Dishonour of an Embassadour Were rather but Demonstrations of ill Disposition then Effects If they be compared with Actions of State Wherein He and his Ministers have sought the Overthrow of this Government As in the year 1569. when the Rebellion in the North part of
England brake forth Who but the Duke of Alva then the Kings Lievetenant in the Low-Countries and Don Guerres of Espes then his Embassador Lieger here were discovered to be chief Instruments and Practisers Having complotted with the Duke of Norfolk at the same time As was proved at the same Dukes Condemnation that an Army of 20000. Men should have landed at Harwich in aid of that Part which the said Duke had made within the Realm And the said Duke having spent and imployed 150000. Crownes in that Preparation Not contented thus to have consorted and assisted her Majesties Rebells in England He procured a Rebellion in Ireland Arming and Sending thither in the year 1579 an Arch-Rebell of that Country Iames Fitz Morrice which before was fled And truly to speak the whole course of Molestation which her Majesty hath received in that Realm by the Rising and Keeping on of the Irish hath been nourished and fomented from Spainâ— but afterwards most apparently in the year 1580 he invaded the same Ireland with Spaâ—ish Forces under an Italian Colonell By Name San Iesopho being but the Fore-runners of a greater Power Which by Treaty between Him and the Pope should have followed But that by the speedy Defeat of those former they were discouraged to pursue the Action Which Invasion was proved to be done by the Kings own Orders both by the Letters of Secretary Escouedo and of Guerres to the King And also by divers other Letters wherein the particular Conferences were set down concerning this Enterprise between Cardinall Riario the Popes Legate and the Kings Deputy in Spain Touching the Generall the Number of Men the Contribution of Money and the Manner of the Prosecuting of the Action And by the Confession of some of the Chiefest of those that were taken Prisoners at the Fort Which Act being an Act of Appaâ—rent â—ostility added unto all the Injuries aforesaid And accompanied with a continuall Receit Comfort and Countenance by Audâ—ences Pensions and Employments which he gave to Traytours and Fugitives both English and Irish As Westmerlâ—nd Paget Englâ—field Baltinglasse and Numbers of others Did sufficiently jusâ—ifie and warrant that pursuit of Revenge which either in the Spâ—yl of Carthagena and San Domingo in the Indies by Mr Drakâ— Or in the undertaking the protection of the Low-Counâ—reysâ— whâ—n the Earl of Leicester was sent over afterwards follâ—wed For befoâ—e that time her Majesty though she stood upon her Guard in respect of the just Cause of Jealousie which tâ—e Sundry Injuries of that King gave her yet had entred into no Oâ—â—ensiâ—e Acâ—ion against Him For â—oth the Voluntary Forces which Don Antonio had collected in this Realm were by express commandâ—ment restrained And Offer was made of Restitution to the Spanish Embassadour of such Treasure as had been bâ—ought into this Realm upon Proof that it had been taken by â—rong And the Duke of Anjou was as much as could stand with the near Treaty of a Marriage which then was very foâ—waâ—d between her Majesty and the said Duke Diverted from the Enterprise of â—landers But to conclude this Point when that some yeares after the Invasion and Conquest of thâ—s Land Intended long before but through many Crosses aâ—d Impediments which the King oâ— Spain found in his Plots deferred Was in the year 1588 attempted Her Majesty not forgetting her own Nature was content at the same Instant to Treat of a Peace Not ignorantly as a Prince that knew not in what forwardness his preparations were For she had discovered them long before Nor fearfully as may appear by the Articles whereupon her Majesty in that Treaty stood which were not the Demands of a Prince afraid But onely to spare the shedding of Christian Bloud And to shew her constant Desire to make her Raign Renowned rather by Peace then victories which Peace was on her part treated sincerely But on his part as it should seem was but an Abuse Thinking thereby to have taken us more unprovided So that the Duke of Parma not liking to be used as an Instrument in such a Case in regard of his particular Honour would sometimes in Treating interlace That the King his Master ment to make his Peace With his Sword in his Hand Let it then be tried upon an indifferent view of the proceedings of England and Spain Who it is that Fisheth in Troubled Waters And hath disturbed the Peace of Christendome And hath written and described all his Plots in Bloud There follow the Articles of an Vniversall Peace which the Libeller as a Commissioner for the Estate of England hath propounded and are these First that the King of Spain should recall such Forces as of great compassion to the Naturall People of France he hath sent thither to defend them against a Relapsed Huguonott Secondly that he suffer his Rebells of Holland and Zeland quietly to possesse the places they hold And to take unto them all the Rest of the Low-Countries also Conditionally that the English may still keep the possession of such Port-Towns as they have and have some half a dozen more annexed unto them Thirdly thâ—t the English Rovers mought peaceably go to his Indies And there take away his Treasure and his Indies also And thâ—se Articles being accorded he saith might follow that Peace which passeth all understanding As he calleth it in a scurrile and prophane Mockery of the Peace which Christians enjoy with God by the Attonement which is made by the Bloud of Christ whereof the Apostle saith That it passeth all understanding But these his Articles are sure mistaken And indeed corrected are briefly these 1. That the King of France be not impeached in Reducing his Rebels to obedience 2. That the Netherlands be suffered to enjoy their Ancient Liberties and Priviledges And so Forces of Strangers to be with-drawn both English and Spanish 3. That all Nations may trade into the East and West Indies yea discover and occupy such parts as the Spaniard doth not actually possesse And are not under Civill Government notwithstanding any Donation of the Pope 5. Of the Cunning of the Libeller in Palliation of his malicious Invectives against her Majesty and the State with pretence of Taxing onely the Actions of the Lord Burghley I Cannot rightly call this Point Cunning in the Libeller but rather good will to be Cunning without skill indeed or Judgement For finding that it had been the Usuall and Ready practise of Seditious Subjects to plant and bend their Invectives and Clamours Not against the Soveraigns themselves but against some such as had Grace with them and Authorities under them He put in ure his Learning in a wrong and unproper Case For this hath some Appearance to cover undutifull Invectives when it is used against Favourites or New Vpstarts and suddain-risen Counsellours But when it shall be practised against One that hath been Counsellour before her Majesties Time And hath continued longer Counsellour then any other Couâ—sâ—llâ—ur in Europe One that must needs have been Great
if it wâ—re but by Surviving alone though he had no other Excellency One that hath passed the Degrees of Honour with great Travell and long Time which quencheâ—h alwayes Envy except it be joyned wâ—th extreme Malice Then it appeareth manifestly to be but a Brick wall at Tennis to make the Defamation and Hatred rebound from the Counsellour upon the Prince And assuredly they be very simple to think to abuse the VVorld with those Shifts Since every Child can tell the Fable That the VVolfs Malice was not to the Shepherd but to his Dog It is true that these Men have altred their Tune twice or thrice when the Match was in Treating with the Duke of Anjou they spake Honey as to her Majesty All the Gall was uttered against the Earl of Leicester But when they had gotten Heart upon the Expectation of the Invasion they changed stile and disclosed all the Venome in the World immediately against her Majâ—sty what New Hope hath made them return their Sinons Note in teaching Troy how to save it self I cannot tell But in the mean time they do his Lordship much Honour For the more despitefully they inveigh against his Lordship the more Reason hath her Majesty to trust him and the Realm to honour him It was wont to be a Token of scarce a good Liedgeman when the Enemy spoiled the Countrey and left any particular Mens Houses or Fields unwasted 6. Certain true generall Notes upon the Actions of the Lord Burleigh BUT above all the rest it is a strange Fancy in the Libeller that he maketh his Lordship to be the Primum Mobile in every Action without Distinction That to him her Majesty is Accomptant of her Resolutions That to him the Earl of Leicâ—ster and Mr. Secretary Walsingham both Men of great Power and of great wit and understanding were but as Instruments whereas it is well knownn that as to her Majesty there was never a Counseller of his Lordships long Continuance that was so applyable to her Majesties Princely Resolutions Endeavouring alwayes after Faithfull Propositions and Remonstrances and these in the best words and the most Gratefull Manner to rest upon such Conclusions as her Majesty in her own wisdome determineth and them to execute to the best So far hath he been from Contestation or drawing her Majesty into any his own Courses And as for the Forenamed Counsellours and others with whom his Lordship hath consorted in her Majesties service It is rather true that his Lordship out of the Greatnesse of his Experience and Wisdome And out of the Coldnesse of his Nature hath qualified generally all Hard and Extreame Courses as far as the Service of her Majesty and the Safety of the State the Making himself compatible with those with whom he served would permit So far hath his Lordship been from inciting others or running a full Course with them in that kind But yet it is more strange that this Man should be so absurdly Malitious as he should charge his Lordship not onely with all Actions of State but also with all the Faults and Vices of the Times As if Curiosity and Emulation have bred some Controversies in the Church Though thanks be to God they extend but to outward Things As if Wealth and the Cunning of Wits have brought forth Multitudes of Suits in Law As If Excesse in Pleasures and in Magnificence joyned with the unfaithfulnesse of Servants and the Greedinesse of Monied Men have decayed the Patrimony of many Noble Men and others That all these and such like Conditions of the Time should be put on his Lordships accompt who hath been as far as to his Place appertaineth a most Religious and Wise Moderator in Church Matters to have Vnity kept who with great Iustice hath dispatched infinite Causes in Law that have orderly been brought before him And for his own Example may say that which few Men can say but was sometime said by Cephalus the Athenian so much Renowned in Plato's Works who having lived near to the age of an 100 years And in continuâ—ll Affairs the Businesse was wont to say of Himself That he never sued any neither had been sued by any Who by reason of his Office hath preserved many Great Houses from Overthrow by relieving sundry Extremities towards such as in their Minority have been circumvented And towards all such as his Lordship might advise did ever perswade Sober and Limited Expence Nay to make Proof further of his Contented Manner of Life free from Suits and Covetousnesse as he never sued any Man so did he never raise any Rent or put out any Tenant of his own Nor ever gave consent to have the like done to any of the Queens Tenants Matters singularly to be noted in this Age. But however by this Fellow as in a False Artificiall Glasse which is able to make the best Face Deformed his Lordships Doings be set forth yet let his Proceedings which be indeed his own be indifferently weighed and considered And let Men call to Mind that his Lordship was never a violent and Transported Man in Matters of State but ever Respective and Moderate That he was never Man in his particular a Breaker of Necks no heavy Enemy but ever Placable and Mild That he was never a Brewer of Holy water in Court no Dallier no Abuser but ever Reall and Certain That he was never a Bearing Man nor Carrier of Causes But ever gave way to Iustice and Course of Law That he was never a Glorious Wilfull Proud Man but ever Civill and Familiar and good to deal withall That in the Course of his Service he hath rather sustained the Burthen then sought the Fruition of Honour or Profit Scarcely sparing any time from his Cares and Travailes to the Sustentation of his Health That he never had nor sought to have for Himself and his Children any Penny-worth of Lands or Goods that appertained to any attainted of any Treason Felony or otherwise That he never had or sought any kind of Benefit by any Forfeiture to her Majesty That he was never a Factious Commender of Men as he that intended any waies to besiege Her by bringing in Men at his Devotion But was ever a true Reporter unto her Majesty of every Mans Deserts and Abilities That he never took â—he Course to unquiet or offend no nor exasperate her Majesty but to content her mind and mitigate her Displeasure That he ever bare Himself reverently and without Scandall in Matters of Religion and without blemish in his Private Course of Life Let Men I say without Passionate Mallice call to mind these Things And they will think it Reason that though he be not canonized for a Saint in Rome yet he is worthily celebrated as Pater Patriae in England And though he be Libelled against by Fugitives yet he is prayed for by a Multitude of good Subjects Aud lastly though he be envied whilest he liveth yet he shall be deeply wanted when he is gone And assuredly many
here and not to proceed to any â—urther Vnion Contenting your Self with the two former Articles or Points For it will be said That we are now well thanks be to God And your Majesty and the State of neither Kingdome is to be repented of And that it is true which Hippocrates saith That Sana Corpora difficilè medicationes serunt It is better to make Alterationsâ— in sick Bodies then in sound The Consideration of which Point will rest upon these two Branches What Inconveniencies will ensue with time if the Realmes stand as they are divided which are yet not found nor sprung up For it may be the sweetnesse of your Majesties first Entrance and the great Benefit that both Nations have felt thereby hath covered many Inconveniencies Which neverthelesse be your Majesties Government never so gracious and Pollitick Continuance of Time and the Accidents of Time may breed and discover if the Kingdomes stand divided The Second Branch is Allow no manifest or important Perill or Inconvenience should ensue of the Continuing oâ— the Kingdomes Divided yet on the other Side whether that upon the further Vniting of them there be not like to follow that Addition and Encrease of Wealth and Reputation as is worthy your Majesties Vertues and Fortune to be the Authour and Founder of for the Advancement and Exaltation of Your Majesties Royall Posterity in time to come But admitting that your Majesty should proceed to this more perfect and entire Vnion Wherein your Majesty may say Majus Opus moveo To enter into the Parts and Degrees thereof I think fit first to set down as in a brief Table in whâ—t Points the Nations stand now at this present time already united And in what Points yet still severed and divided that your Majesty may the better see what is done and what is to be done And how that which is to be done is to be inferred upon that which is done The Points wherein the Nations stand already united are In Soveraignty In the Relative thereof which is Subjection In Religion In Continent In Language And now lastly by the Peace by your Majesty concluded with Spain In Leagues and Confederacies For now both Nations have the same Friends and the same Enemies Yet notwithstanding there is none of the six Points wherein the Vnion is perfect and Consummate But every of them hath some scruple or rather Grain of separation enwrapped and included in them For the Soveraignty the Vnion is absolute in your Majesty and your Generation But if it should so be which God of his infinite Mercy defend that your Issue should fail then the Descent of both Realmes doth resort to the severall Lines of the Severall Blouds Royall For Subjection I take the Law of England to be clear what the Law of Scotland is I know not That all Scottishmen from the very Instant of your Majesties Raign begun are become Denizons And the Post-Nati are naturaliz'd Subjects of England for the time forwards For by our Lawes none can be an Alien but he that is of another Allegeance then our Soveraign Lord the Kings For there be but two Sorts of Aliens whereof we find mention in our Law An Alien Ami and an Alien Enâ—my Whereof the former is a Subject of a State in Amity with the King And the latter a Subject of a State in Hostility But whether he be one or other it is an Essentiall Difference unto the Definition of an Alien if he be not of the Kings Allegeance As we see it evidently in the precedent of Ireland who since they were Subjects to the Crown of England have ever been Inheritable and capable as Naturall Subjects And yet not by any Statute or Act of Parliament but meerly by the Common Law and the Reason thereof So as there is no doubt that every Subject of Scotland wasâ— and is in like Plight and Degree since your Majesties Comming in as if your Majesty had granted particularly your Letters of Denization or Naturalization To every of them And the Post-Nati wholly Naturall But then on the other Side for the time Back-wards and â—or those that were Ante-Nati the Bloud is not by Law naturalized So as they cannot take it by Descentâ— from their Ancestours without Act of Parliament And therefore in this Point there is a Defect in the Vnâ—on of Subjection For Matter of Religion the Vnion is perfect in points of Doctrine but in Matter of Discipline and Government it is imperfect For the Continent It is true there are no Naturall Boundaries of Mountains or Seas or Navigable Rivers But yet theâ—e are Badges and Memorialls of Borders Of which Point I have spoken before For the Language It is true the Nations are unius Labii and and have not the first Curse of Disunion which was Confusion of Tongues whereby one understood not another But yet the Dialect is differing and it remaineth a kind of Mark of Distinction But for that Tempori permittendum it is to be left to Time For considering that both Languages do concur in the principall Office and Duty of a Language which is to make a Mans self understood For the rest it is rather to be accounted as was said a Diversity of Dialect then of Language and as I said in my first Writing it is like to bring forth the enriching of one Language by compounding and taking in the proper and significant Words of either Tongue rather then a Coutinuance of two Languages For Leagues and Confederacies It is true that neither Nation is now in Hostility with any State wherewith the other Nation is in Amity but yet so as the Leagues and Treaties have been concluded with either Nation respectively and not with both jointly which may contain some Diversity of Articles of straiâ—ness of Amity with one more then with the other But many of these Matters may perhaps be of that kind as may fall within that Rule In veste varietas sit scissura non sit Now to descend to the particular Points wherein the Realms stand severed and divided over and besides the former six Points of separation which I have noted and placed as defects or Abatements of the six Points of the Vnion And therfore shall not need to be repeated The Points I say yet remaining I will divide into Externall and into Internal The Externall Points therefore of the Separation are four 1. The severall Crowns I mean the Ceremoniall and Materiall Crowns 2. The second is the severall Names Stiles or Appellations 3. The third is the severall Prints of the Seals 4. The fourth is the severall Stamps or Marks of the Coins or Monies It is true that the Externall are in some respect and parts much mingled and interlaced with Considerations Internall And that they may be as effectuall to the rue Vnion which must be the work of Time as the Inâ—ernall Because they are Operative upon the Conceits and Opinions of the People The
Bill drawn in Parliament in the Three and Twentieth Year of the Raign of the Queen deceased which was the Gravest Parliament that I have known And the Bill recommended by the gravest Counsellor of Estate in Parliament Though afterwards it was stayed by the Queenes speciall Commandement the Nature of those Things considered Touching NON-RESIDENTS And PLURALITIES FOR Non-Râ—sidence except it be in Case of necessary Absence it seemeth an Abuse drawn out of Covetousnesse and Sloth For that Men should Live of the â—lock that they do not Feed Or of the Altar at which they do not Serve Is a Thing that can hardly receive just Defence And to Exercâ—se the Office of a Pastour in Matter of the Word and Doctrine by Deputies Is a Thing not warranted as hath been touched before The Questions upon this Point do arise upon the Cases of Exception and Excusation Which shall be thought Reasonable and Sufficient And which not For the Case of Chaplaines let me speak that with your Majesties pardon and with Reverence towards the other Peâ—res and Grave Persons whose Chaplaines by Statutes are priviledged I should think that the Attendanceâ— which Chaplaines give to your Majesties Court and in the Hâ—â—ses Families of their Lords were a juster Reason why they should have no Benefice then why they should be quallified to have Two For as it standeth with Christian Policy that such Attendance be in no wise neglected Because that good which ensueth thereof to the Church of God may exceed or countervaile that which may follow of their Labours in any though never so large a Congregation So it were reasonable that their Maintenance should Honourably and Liberally proceed thence whence their Labours be imployed Neither are there wanting in the Church Dignities and Pâ—eserments not joyned with any exact Cure of Soules By which and by the Hope of which such Attendants in Ordinary who ought to be as for the most part they are of the best Gifts and Sort may be further encouraged and rewaâ—ded And as for Extraordinary Attendants they may very well retain the Grace and Countenance of their places and Duties at times incident thereunto without Discontinuance or Non-Residence in their Pastorall Charges Next for the Caâ—e of intending Studies in the Vniversities it will more easily receive an Answer For Studies do but serve and tend to the Practise of those Studies Aâ—d therefore for that which is most Principall and Finall to be left undone for the Attending of that which is Subservient and Subministâ—ant seemeth to be against proportion of Reason Neither do I see but that they proceed right well in all Knowledge which do couple Study with their Practice And do not first Study altogether and then Practise altogether And therefore they may very well Study at their Benefices Thirdly for the Case of Extraordinary Service of the Church As if some Pastour be sent to a Generall Councell Or here to a Convocation And likewise for the Case of Necessity as in the particular of Infirmity of Body and the like No man will contradict but there may be some Substitution for such a Time But the Generall Case of Necessity is the Case of Pluralities the Want of Pastours and Insufficiency of Livings considered Posito that a Man doth faithfully and incessantly divide his Labours between two Cures Which kinde of Necessity I come now to speak of in the Handling of Pluralities For Pluralities in Case the Number of Able Ministers were sufficient and the Valew of Benefices were sufficient then Pluralities were in no sort tollerable But we must take heed we desire not Contraries For to desire that every Parish should be furnished with a sufficient Preacher And to desire that Pluralities be forthwith taken away is to desire Things contrary Considering De Facto there are not Sufficient Preachers for every Parish Whereto adde likewise that there is not Sufficient Living and Maintenance in many Parishes to maintain a Preacher And it maketh the Impossibility yet much the greater The Remedies in Rerum Naturâ are but Three Vnion Permutation and Supply Union of such Benefices as have the Living too small and the Parish not too great and are Adjacent Permutation to make Benefices more compatible though men be over ruled to some losse in changing a Better for a Nearer Supply by Stipendary Preachers to be rewarded with some Liberall Stipends to supply as they may such places which are unfurnished of sufficient Pastours As Queen Elizabeth amongst other her Gracious Acts did erect certain of them in Lancashire Towards which Pensions I see no reason but Reading Ministers if they have rich Benefices should be charged Touching the Provision for sufficient Maintenance in the Church TOuching Church Maintenance it is well to be weighed what is Iure Divino and what Iure Positivo It is a Constitution of the Divine Law from which humane Lawes cannot derogate That those which feed the flock should live of the Flock That those that serve at the Altar should live of the Altar That those which dispense spirituall things should Reap Temporall Things Of which it is also an Appendix that the Proportion of this Maintenance be not small or necessitous but Plentifull and Liberall So then that all the Places and Offices of the Church be provided of such a Dotation that they may be maintained according to their severall Degrees is a Constitution permanent and perpetuall But for particularity of the Endowment whether it should consist of â—ithes or Lands or Pensions or Mixt might make a Question of Convenience but no Question of precise Necessity Again that the Case of the Church de facto is such that there is want in the Church of Patrimony is confessed For the Principall Places namely the Bishops Livings are in some particulars not sufficient And therefore enforced to be supplyed by Tolleration of Commendams Things of themselves unfit and ever held of no good Report And as for the Benefices and Pastours Places it is manifest that very many of them are very weak and penurious On the other side that there was a Time when the Church was rather burthened with Superfluity then with Lack that is likewise apparent But it is long since So as the Fault was in others the Want redoundeth unto us Again that it were to be wished that Impropriations were returned to the Church as the most Proper and Naturall Endowments thereof is a Thing likewise wherin Mens Judgements will not much vary Neverthelesse that it is an Impossibility to proceed now either to their Resumption or Redemption is as plain on the other side For Men are stated in them by the Highest Assurance of the Kingdome which is Act of Parliament And the value of them amounteth much above ten Subsidies And the Restitution must of Necessity passe their Hands in whose Hands they now are in possession or Interest But of these things which are manifestly true to infer and ground some Concluâ—ions First in mine own Opinion and Sense I
must confesse let me speak it with Reverence that all the Parliaments since 27o. and 31o. of H. 8. who gave away Impropriations from the Church seem to me to stand in a sort obnoxious and obliged to God in Conscience to do somewhat for the Church To reduce the Patrimony thereof to a Competency For since they have debarred Christes Wife of a great part of her Dowry it were Reason they made her a competent Ioynture Next to say that Impropriations should be onely charged That carrieth neither Possibility nor Reason Not Possibility for the Reasons touched before Not Reason because if it be conceived that if any other Person be charged it should be a Re-charge or Double-charge in as much as he payeth Tithes already that is a Thing mistaken For it must be remembred that as the Realm gave Tithes to the Church So the Realm since again hath given Tithes away from the Church unto the King As they may give their 8th Sheaf or Ninth Sheaf And therefore the fiâ—st Gift being evacuated it cannot go in defeazance or discharge of that perpetuall Bond wherewith Men are bound to maintain Gods Ministers And so we see in Example that divers Godly and well Disposed People not Impropriatours are content to encrease their Preachers Livings which though in Law it be but a Benevolence yet before God it is a Conscience Further that Impropriations should not be somewhat more deeply charged then other Revenues of like value me thinks cannot well be denied Both in regard of the Ancient claim of the Church And the Intention of the first Giver And again because they have passed in valuation between Man and Man somewhat at the lesse rate in regard of the said pretence or Claim of the Church in Conscience before God But of this Point touching Church-Maintenance I do not think fit to enter into further Particularity but reserve the same to a fitter Time Thus have I in all Humblenesse and Sincerity of Heart to the best of my understanding given your Majesty Tribute of my Cares and Cogitations in this Holy Businesse So highly tending to Gods Glory your Majesties Honour and the Peace and Welfare of your States Insomuch as I am perswaded that the Papists themselves should not need so much the Severity of Penall Lawes if the Sword of the Spirit were better edged by strengthening the Authority and suppressing the Abuses in the Church To conclude renewing my most Humble Submission of all that I have said to your Majesties most High Wisdome And again most humbly craving pardon for any Errours committed in this Writing which the same weakness of Judgement that suffered me to commit them would not suffer me to discover them I end with my Devout and Fervent Prayer to God That as he hath made your Majesty the Corner-stone in joyning your two Kingâ—domes So you may be also as a Corner-stone to unite and knit together these Differences in the Church of God To whose Heavenly Grace and never erring Direction I commend your Majesties Sacred Person and all your Doings CERTAIN CONSIDERATIONS TOUCHING THE PLANTATION IN IRELAND PRESENTED TO His Maiesty 1606 IT seemeth God hath reserved to your Majesties Times two Works which amongst the Works of Kings have the supream Preheminence The Vnion and Plantation of Kingdoms For although it be a great Fortune for a King to deliver or recover his Kingdom from long continued Calamities yet in the Judgement of those that have distinguished of the Degrees of Soveraign Honour To be a Founder of Estates or Kingdoms excelleth all the rest For as in Arts and Sciences to be the first Inventer is more then to Illustrate or Amplifie And as in the Works of God the Creation is greater then the Preservation And as in the Works of Nature the Birth and Nativity is more then the Continuance So in Kingdoms the first Foundation or Plantation is of more Noble Dignity and Merit then all that followeth Of which Foundations there being but two Kinds The first that maketh One of More And the Second that maketh One of None The Latter resembling the Creation of the World which was De Nihilo ad Quid And the Former the Edification of the Church which was de Multiplici ad Simplex vel ad unum It hath pleased the Divine Providence in singular Favour to your Majesty to put both these Kinds of Foundations or Regenerations into your Hand The one in the Vnion of the Island of Britain The other in the Plantation of Great and Noble Parts of the Island of Ireland Which Enterprises being once happily accomplished Then that which was uttered by One of the Best Oratours in one of the Worst verses O fortunatam natam me Consule Romam May be far more truly and properly applied to your Majesties Act Natam te Rege Britanniam Natam Hiberniam For He spake unproperly of Deliverance and Preservation But in these Acts of yours it may be verified more naturally For indeed Vnions and Plantations are the very Nativities or Birth-Dayes of Kingdomes Wherein likewise your Majesty hath yet a Fortune extraordinary and Differing from former Examples in the same Kind For most Part of Vnions and Plantations of Kingdoms have been founded in the â—ffusion of Bloud But your Majesty shall build in Solo puro in Areâ purâ that shall need no Sacrifices Expiatory â—or Bloud And therefore no doubt under a Higher and more Assured Blessing Wherefore as I adventured when I was lesse known and lesse particularly bound to your Majesty then since by your undeserved Favour I have been to write somewhat touching the Vnion which your Majesty was pleased to accept And which since I have to my power seconded by my Travels Not onely in Discourse but in Action So I am thereby encouraged to do the like touching this Matter of Plantation Hoping that your Majesty will through the weakness of my Ability â—iscern the strength of my Affection And the Honest and fervent Desire I have to see your Majesties Person Name and Times Blessed and Exalted above those of your Royall Progenitours And I was the rather invited this to do by the Remembrance that when the Lord chief Iustice deceased Popham served in the place wherein I now serve And afterwards in the Atturneyâ—â— Place he laboured greatly in the last Project touching the Plantation of Munster Which neverthelesse as it seemeth hath given more light by the Errours thereof what to Avoyd Then by the Direction of the same what to Follow First therefore I will speak somewhat of the Excellency of the Work And then of the Means to compass and effect it For the Excellency of the Work I will divide it into four Noble and Worthy Consequences that will follow thereupon The First of the four is Honour whereof I have spoken enough already were it not that the Harp of Ireland puts me in mind of that Glorious Embleme or Allegory wherein the wisdome of Antiquity did figure and shadow out works of this Nature For
either in our Law or other Lawes that satisfieth me The naked Rule or Maxime doth not the Effect It must be made usefull by good Differences Ampliations and Limitations warranted by good Authorities And this not by Raising up of Quotations and References but by Discourse and Deducement in a Iust Tractate In this I have travelled my â—elf at the first more cursorily since with more Diligence And will go on with it if God and your Majesty will give me leave And I do assure your Majesty I am in good hope that when Sir Edward Cookes Reports and my Rules and Decisions shall come to Posterity there will be whatsoever is now thought Question who was the greater Lawyer For the Bookes of the Termes of the Law There is a poore oneâ— But I wish a Diligent one wherein should be comprised not onely the Exposition of the Termes of Law but of the Words of all auncient Records and Presidents For the Abridgements I could wish if it were possible that none mought use them but such as had read the Course First that they mought serve for Repertories to Learned Lawyers and not to make a Lawyer in hast But since that cannot be I wish there were a good Abridgement composed of the Two that are exstant and in better order So much for the Common Law Statute Law FOR the Reforming and Recompiling of the Statute Law It consisteth of Foure parts 1. The First to discharge the Bookes of those Statutes where as the Case by Alteration of time is vanished As Lombardâ— Iewes Gauls halfe Pence c. Those may neverthelesse remaine in the Libraries for Antiquities but no Reprinting of them The like of Statutes long since expired and clearly repealed For if the Repeale be doubtfull it must be so propounded to the Parliament 2. The next is to repeale all Statutes which are Sleeping and not of use but yet snaring and in Force In some of those it will perhaps be requisite to substitute some more Reasonable Law instead of them agreeable to the time In others a simple Repeale may suffice 3. The Third that the Grievousnesse of the Penalty in many Statutes be mitigated though the Ordinance stand 4. The last is the Reducing of Concurrent Statutes heaped one upon another to one clear and uniform Law Towards thiâ— there hath been already upon my motion and your Majesties Direction a great deal of good paines taken My Lord Hoâ—ert My Self Sergant Finch Mr. Hennage Finch Mr. Noye Mr. Hackwell and others Whose Labours being of a great bulk it is not fit now to trouble your Majesty with any further particularity therein Onely by this you may perceive the Worke is already advanced But because this part of the Worke which concerneth the Statute Lawes must of necessity come to Parliament And the Houses will best like that which themselves guide And the Persons that themselves imploy The way were to Imitate the president of the Commissioners for the Canon Lawes in 27. Hen. 8. and 4. Edw. 6. And the Commissioners for the Vnion of the two Realmes Primo of your Majesty And so to have the Commissioners named by both Houses but not with a precedent power to Conclude But only to prepare and propound to Paâ—liament This is the best way I conceive to accomplish this Excellent Worke of Honour to your Majesties Times and of Good to all Times Which I submit to your Majesties better Judgement A FRAGMENT OF AN ESSAY OF FAME THe Poets make Fame a Monster They describe her in Part finely and elegantly and in part gravely and sententiously They say look how many Feathers she hath so many Eyes she hath underneath So many Tongues So many Voyces She pricks up so many Ears This is a flourish There follow excellent Parables As that she gathereth strength in going That she goeth upon the ground and yet hideth her head in the Clouds That in the day time she sitteth in a Watch Tower and flyeth most by night That she mingleth Things done with things not done And that she is a Terrour to great Citties But that which passeth all the rest is They do recount that the Earth Mother of the Gyants that made War against Iupiter and were by him destroyed thereupon in an anger brought forth Fame For certain it is That Rebels figured by the Gyants and Seditious Fames and Libels are but Brothers and Sisters Masculine and Feminine But now if a Man can tame this Monster and bring her to feed at the hand and govern her and with her fly other ravening Fowle and kill themâ— it is somewhat worth But we are infected with the stile of the Poets To speak now in a sad and serious manner There is not in all the Politiques a Place lesse handled and more worthy to be handled then this of Fame We will therefore speak of these points What are false Fames And what are true Fames And how they may be best discerned How Fames may be sown and raised How they may be spread and multiplyed And how they may be checked and layed dead And other Things concâ—rning the Nature of â—ame Fame is of that force as there is scarcely any great Action wherein it hath not a great part Especiâ—lly in the War Mucianus undid Vitellius by a Fame that he scattered That Vitellius had in purpose to remove the Legions of Syria into Germany And the Legions of Germany into Syria whereupon the Legions of Syria were infinitely inflamed Iulius Câ—sar took â—ompey unprovided and layed asleep his industry and preparations by a Fame that he cunningly gave out How Caesars own Souldiers loved him not And being wearied with the Waâ—s and Laden with the spoyles of Gaul would forsake him as soon as he came into Italy Livia setled all thingsâ— for the Succession of her Son Tiberius by continuall giving out that her husband Augustus was upon Recovery and amendmeâ—t And it is an usuall thing with the Basshawes to conceale the Deaâ—h of the great Turk from the Iannizaries and men of War to save the Sacking of Constantinople and other Towns as their Manner iâ— Themistocles made Zerxes King of Persia poasr a pace out of â—râ—cia by giving out that the Graecians had a purpose to break his Bridge of Ships which he had made athwart Hellespont There be a thousand such like Examples And the more they are the lesse they need to be repeated Because a Man meeteth with them every where Therefore let all Wise Governers have as great a watch and care over Fames as they have of the Actions and Designes themselves The rest was not Finished Faults Escaped in the Printing PAg. 16. linea 4. â—or Gulcis lege Dulcis Pag. 3â— lin 34. mâ—st lege most p. 37. l. 30â— fit l. fiat p 54. l. 18. vel l. Duel p. 55. l. ult Thnnaus l. Thuanus p. 118. l. 10. deen l. been Eadem l. 23. Ordinary l. more then Ordinary p. 132. l 34. peasure l. pleasure p. 137. l. 38. ferraine l. forraine
potentia reducatur in Actum I know well that for me to beat my Brains about these things they be Majora quam pro Fortuna But yet they be Minora quam pro Studio as Voluntate For as I doe yet bear an extreme Zeal to the Memory of my old Mistris Queen Elizabeth To whom I was rather bound for her Trust than her Favour So I must acknowledge my Self more bound to your Majesty both for Trust and Favour whereof I will never deceive the one as I can never deserve the other And so in all humbleness kissing your Majesties sacred hands I remain A Letter to the Lord Chancellor touching the History of Britaine It may please your good Lordship SOme late Act of his Majesty referred to some former Speech which I have heard from your Lordship bred in me a great Desire And the strength of Desire a Boldness to make an humble Proposition to your Lordship Such as in me can be no better than a Wish But if your Lordship should apprehend it it may take some good and worthy Effect The Act I speak of is the Order given by his Majesty for the Erection of a Tomb or Monument for our late Soveraign Queen Elizabeth Wherein I may note much but onely this at this time that as her Majesty did alwayes right to his Majesties Hopes So his Highness doth in all things Right to her Memory A very just and Princely Reâ—tribution But from this Occasion by a very easie Ascent I passed further being put in minde by this Representative of her Person of the more true and more vive Representation which is of â—er Life and Government For as Statues and Pictures are dumb Histories so Histories are speaking Pictures wherein if my Affection be not too great or my Reading too small I am of this Opinion That if Plutarch were alive to write Lives by Parallels it would trouble him for Vertue and Fortune both to finde for her a Parallel amongst Women And though she was of the Passive Sexe yet her Government was so Active as in my simple Opinion it made more Impression upon the several States of Europe than it received from thence But I confess unto your Lordship I could not stay there but went a little further into the Consideration of the Times which have passed since King Henry the 8th wherein I find the strangest Variety that in so little Number of Successions of any Hereditary Monarchy hath ever been known The Reign of a Child The offer of an Vsurpation though it were but as a Diary Ague The Reign of a Lady married to a Foreiner And the Reign of a Lady Solitary and Unmarried So that as it commeth to pass in Massive Bodies That they have certain Trepidations and Waverings before they fix and settle So it seemeth that by the Providence of God this Monarchy before it was to settle in his Majesty and his Generations In which I hope it is now established for ever Hath had these Prelusive changes in these Barren Princes Neither could I contain my Self here As it is easier to multiply than to stay a Wish But calling to Remembrance the Unworthiness of the History of England in the main continuance thereof And the Partiality and Obliquity of that of Scotland in the latest and largest Offer that I have seen I conceived it would be Honour for his Majesty and a work very memorable if this Island of Great Britain as it is now joyned in Monarchy for the Ages to come so it were joyned in History for the Times past And that one Just and compleat History were compiled of both Nations And if any Man think it may refresh the Memory of former Discords he may satisfy himself with the Verse Olim haec meminisse juvabit For the Case being now altered it is Matter of Comfort and Gratulation to remember former Troubles Thus much if it may please your Lordship is in the Optative Mood It is time that I did Look a litle into the Potential wherein the Hope which I conceived was grounded upon 3. Observations The First the Nature of these Times which flourish in Learning both of Art and Language which giveth Hope not onely that it may be done but that it may be well done Secondly I doe see that which all the World see 's in his Majesty both a wonderfull Judgement in Learning and a singular Affection towards Learning And works which are of the Mind and not of the Hand For there cannot be the like Honour sought in building of Galleries and Planting of Elmes along high-wayes and the outward Ornaments wherein France now is busie Things rather of Magnificence than of Magnanimity As there is in the Vniting of States Pacifying of Controversies Nourishing and Augmenting of Learning and Arts and the particular Actions appertaining unto these Of which kind Cicero judged truly when he said to Caesar Quantum Operibus tuis detrahet Vetustas tantum addet laudibus And lastly I call to minde that your Lordship at some times had been pleased to express unto me a great desire that something of this Nature should be performed Answerable indeed to your other noble and worthy Courses and Actions Joyning and adding unto the great Services towards his Majesty which have in small Compass of Time been put upon your Lordship other great Deservings both of the Church and Commonwealth and Particulars So as the Opinion of so great and wise a Man doth seem to me a good Warrant both of the Possibility and Worth of this Matter But all this while I assure my Self I cannot be mistaken by your Lordship as if I sought an Oâ—fice or Employment for my Self For no Man knowes better than your Lordship that if there were in me any Faculty thereunto yet neither my Course of Life nor Profession would permit it But because there be so many good Painters both for Hand and Colours it needeth but Encouragement and Instructions to give Life unto it So in all Humbleness I conclude my presenting unto your Lordship of this Wish which if it perish it is but a loss of that which is not And so craving pardon that I have taken so much time from your Lordship I remain A Letter to the King upon the sending unto him a Beginning of an History of his Majesties Times It may please your Majesty HEaring that you are at leisure to peruse Stories a desire took me to make an Experiment what I could doe in your Majesties times which being but a Leaf or two I pray your pardon if I send it for your Recreation Considering that Love must creep where it cannot goe But to this I add these Petitions First that if your Majesty doe dislike any thing you would conceive I can amend it upon your least beck Next that if I have not spoken of your Majesty Encomiastically your Majesty would be pleased only to ascribe it to the Law of an History which doth not cluttâ—r together praises upon the first mention of a Name
think you might have had more use of me But that Tide is passed I write not this to shew my Friends what a brave Letter I have written to Mr. Atturney I have none of those Humours But that I have written is to a good End That is to the more decent Carriage of my Masters Service And to our particular better Understanding One of Another This Letter if it shall be answered by you in deed and not in word I suppose it will not be worse for us both Else it is but a few Lines lost which for a much smaller Matter I would have adventured So this being to your Self I for my part rest A Letter to my Lord of Salisbury touching the Solliciters Place It may please your good Lordship I Am not ignorant how mean a Thing I stand for in desiring to come into the Solliciters Place For I know well it is not the Thing it hath been Time having wrought Alteration both in the Profession and in that special Place Yet because I think it will encrease my practice and that it may satisfy my Friends And because I have been voiced to it I would be glad it were done Wherein I may say to your Lordship in the Confidence of your poor Kinsman and of a Man by you advanced Tu idem fer opem qui Spem dedistâ— For I am sure it was not possible for a Man Living to have received from another more significant and comfortable words of Hope your Lordship being pleased to tell me during the Course of my last Service that you would raise me And that when you had resolved to raise a Man you were more carefull of him than himself And that what you had done for me in my Marriage was a benefit to me but of no use to yoâ—r Lordship And therefore I might assure my Self you would not leave me there with many like Speeches which I knew my Duty too well to take any other hold of than the Hold of a Thankfull Remembrance And I acknowledge and all the World knoweth that your Lordship is no Dealer of Holy Water but Noble and Real And on my part I am of a sure ground that I have committed nothing that may deserve alteration And therfore my Hope is your Lordship will finish a good Work and consider that Time groweth pretious with me and that I am now in Vergentibus Annis And although I know that your Fortune is not to need an Hundred such as I am yet I shall be ever ready to give you my best and First fruits And to supply as much as in me lieth Worthiness by Thankfulnessâ— A Letter of like Argument to the LORD CHANCELLOR It may please your good Lordship AS I conceived it to be a Resolution both with his Majesty and your Lordships of his Council that I should be placed Sollicâ—â—â—â— and the Solliciter to be removed to be the Kings Serjeant So I most thankfully acknowledge your Lordships furtherance and forwardness therâ—in your Lordship being the Man that first devised the Mean Wherefore my humble Request to your Lordship is that you would set in with some Strâ—ngth to finish this your Work VVhich I assure your Lordship I desire the rather because being placed I hope for many Favours at last to be able to doe you some better Service For as I am your Lordship cannot use me nor scarcely indeed know me Not that I vainly think I shall be able to doe any great Matters but certainly it will â—rame me to use a nearer Observance and Application to such as I honour so much as I doe your Lordshâ—p And not I hopeâ— without some good Offices which may now and then deserâ—e your Thanks And herewithall good my Lord I humbly pray your Lordship to consider that Time groweth precious with me and that a Married Man is 7. years elder in his thoughts the first day And therefore what a discomfortable Thing it is for me to be unsetled still Certainly were it not that I think my Self born to doe my Soveraign Service And therefore in that Station I will live and dye Otherwise for mine own Private comfort it were better for me that the King did blot me out of his Book Or that I should turn my Course to endeavour to serve in some other kinde than for me to stand thus at a stopp And to have that little Reputation which by my Industry I gather to be scattered and taken away by continual Disgraces every new Man comming above me Sure I am I shall never have fairer Promises and Words from all your Lordships For I know not what my Services are saving that your Lordships told me they were good And I would beleeve you in a much greater Matter Were it nothing else I hope the Modesty of my Sute deserveth somewhat For I know well the Solliciters Place is not as your Lordship left it Time working Alteration somewhat in the Profession much more in that special Place But to conclude as my Honourable Lady your Wife was some Mean to make me to change the Name of Another So if it please you to help me to change mine own Name I can be but more and more bounden to you And I am much deceived if your Lordship finde not the King well inclined and my Lord of Salisbury forward and affectionate A Letter to the King touching the Solliciters Place HOw honestly ready I have been most gracious Soveraign to doe your Majesty humble Service to the best of my power and in a manner beyond my power as I now stand I am not so unfortunate but your Majestie knoweth For both in the Commission of Vnion the Labour whereof for Men of my Profession rested most upon my hand And this last Parliament in the Bill of the Subsidy Both Body and Preamble In the Bill of Attainders both Tresham and the rest In the Matter of Purveyance In the Ecclesiastical Petitions In the Grievances And the like as I was ever carefull and not without good Success sometimes to put forward that which was good sometimes to keep back that which was not so good So your Majesty was pleased kindly to accept of my Services and to say to me Such Conflicts were the Warrs of Peace And such Victories the Victories of Peace And therefore such Servants that obtained them were by Kings that reign in Peace no less to be esteemed than Services of Commanders in the Warrs In all which nevertheless I can challenge to my Self no Suâ—ficiency but that I was diligent and reasonable happy to execute those Directions which I received either immediately from your Royal Mouth or from my Lord of Salisbury At what time it pleased your Majesty also to promise and assure me that upon the Remove of the then Atturney I should not be forgotten but brought into Ordinary Place And this was after confirmed to me by many of my Lords and towards the end of the last Term the manner also in particular spoken of That is that Mr.
Solliciter should be made your Majesties Serjeant and I Solliciter For so it was thought best to sort with both our Gifts and Faculties for the good of your Service And of this Resolution both Court and Country took knowledge Neither was this any Invention on Project of mine own but moved from my Lords I think first from my Lord Chanceller whereupon resting your Majesty well knoweth I never opened my Mouth for the Greater Place Though I am sure I had 2. Circumstances that Mr. Atturney that now is could not allege The one Nine years Service of the Crown The other the being Cousin Germain to the Lord of Salisbury whom your Majesty esteemeth and trusteth so much But for the less Place I conceive it was meant me But after that Mr. Atturney Hobert was placed I heard no more of my Preferment but it seemed to me at a stopp to my great Disgrace aud Discouragement For gracious Soveraign if still when the Waters are stirr'd another shall be put in before me your Majesty had need work a Miracle or else I shall be still a â—ame Man to doe your Service And therefore my most humble sute to your Majesty is That this which seemed to me intended may speedily be perâ—ormed And I hope my former Service shall be but as Beginnings to better when I am better strengthened For sure I am no Mans Heart is fuller I say not but many may have greater Hearts but I say not fuller of Love and Duty toâ—wards your Majesty and your Children As I hope Time will manifest against Envy and Detraction if any be To conclude I most humbly crave pardon for my boldness and rest A Letter to the Earl of Salisbury of Curtesy upon a New-years Tide It may please your good Lordship HAving no Gift to present you with in any degree proportionable to my minde I desire nevertheless to take the Advantage of a Ceremony to express my Self to your Lordship it being the first time I could make the like Acknowledgement when I stood out of the person of a Suter wherefore I most humbly pray your Lordship to think of me thaâ— now it hath pleased you by many Effectual and great Benefits to add the Assurance and Comfort of your Love and Favour to that prâ—cedent Disposition which was in me to admire your Vertue and Merit I doe esteem whatsoever I have or may have in this World but as Trash in comparison of having the Honour and Happiness â—o be a near and well accepted Kinsman to so rare and worthy a Counseller Governâ—â— and Patriot For having been a studious if not a Curious Observer of Antiquittes of Vertue as of late Pieces I forbear to say to your Lordship what I find and conceive But to any other I would think to make my Self beleeved But not to be tedious in that which may have the shew of a Complement I can but wish your Lordship many happy years Many more than your Father had Even so many more as we may need you more So I remain A Letter of Thanks to the King upon Mr. Atturney's Sickness It may please your most excellent Majesty I Doe understand by some of my good Friends to my great comfort that your Majesty hath in minde your Majesties Royal Promise which to me is Anchora Spei touching the Atturney's place I hope Mr. Atturney shall doe well I thank God I wish no Mans Death Nor much mine own Life more than to doe your Majesty Service For I account my Life the Accident and my Duty the Substance But this I will be â—old to say If it please Godâ— that ever I serve your Majesty in the Atturney's place I have known an Atturney Cooke and an Atturney Hoberâ— Both worthy Men and farâ— above my Self But if I should not find a Middle way between their two Dispositions and Carriages I should not satisfy my Self But these things are farr or near as it shall please God Mean while I most humbly pray your Majesty to accept my Sacrifice of Thanksgiving for your Gracious Favour God preserve your Majâ—styâ— I ever remain A Letter to the King of Sute to succeed in the Aâ—turney's Place It may please your Majesty YOur great and Princely Favours towards me in Advancing me to Place And that which is to me of no less comfort your Majesties benign and gracious Acceptation from time to time of my poor Services much above the Merit and Valew of them Hath almost brought me to an Opinion that I may sooner perchance be wanting to my Self in not asking Than finde your Majesties Goodness wanting to me in any my reasonable and modest desires And therefore perceiving how at this time Preferments of Law fly about mine Ears To some above me and to some below me I did conceive your Majesty may think it rather a Kinde of Dulness or want of Faith than Modesty if I should not come with my Pitcher to Iacobs Well as others doe VVherein I shall propound to your Majesty that which tendeth not so much to the Raising of my Fortune as to the setling of my Minde Being sometimes assailed with this Cogitation That by reason of my Slowness to see and apprehend suddain Occasions Keeping on one plain Course of painfull Service I may in fine Dierum be in danger to be neglected and forgotten And if that should be then were it much better for me now while I stand in your Majesties good Opinion though unworthy and have some little Reputation in the VVorld to give over the Course I am in and to make proof to doe you some Honour by my Pen either by writing some faithfull Narrative of your Happy though not untraduced Times Or by recompiling your Laws which I perceive your Majesty laboureth with And hath in your Head as Iupiter had Pallas Or some other the like work For without some Endeavour to doe you Honour I would not live Than to spend my Wits and Time in this laborious place wherein I now serve If it shall be deprived of those outward Ornaments which it was wont to have in respect of an Assured Succession to some Place of more Dignity and Rest which seemeth now to be an Hope altogether Casual if not wholly intercepted VVherefore not to hold your Majesty long my humble Sute to you is that than the which I think I cannot well goe lower which is that I may obtain your Royal promise to succeed if I live into the Atturneys place whensoever it shall be void It being but the Natural and â—mmediate Step and Rise which the Place I now hold hath ever in sort made claim to and almost never failed of In this Sute I make no Friends to youâ— Majesty but rely upon no other Motive but your Grace Nor any other Assurance but your Word whereof I had good Experience when I came to the Solliciteâ—s Place That it was like to the Two great Lights which in their Motions are never Retro râ—dâ— So with my best Prayers for your Majesties
in the Afternoon was read your Majesties Letters of Direction touching Peacham which because it concerneth properly the Duty of my Place I thought it fit for me to give your Majesty both a speedy and a private Account thereof That your Majesty knowing Things clearly how they pass may have the true Fruit of your own Wisdom and clear-Seeing Judgement in Governing the Business First for the Regularity which your Majesty as a Master in Business of Estate doth prudently prescribe in Examining and taking Examinations I subscribe to it Onely I will say for my Self that I was not at this time the Principal Examiner For the Course your Majesty directeth and commandeth for the feeling of the Iudges of the Kings Bench their Several Opinions by distributing our Selves and enjoyning Secrecy we did first finde an Encounter in the Opinion of my Lord Cooke who seemed to affirm that such particular and as he call'd it Auricular Taking of Opinions was not according to the Custom of this Realm And seemed to divine that his Brethren would never doe it But when I replyed that it was our Duty to pursue your Majesties Directions And it were not amiss for his Lordship to leave his Brethren to their own Answers It was so concluded and his Lordship did desire that I mought conferr with Himself And Mr. Serjeant Mountague was named to speak with Iustice Crooke Mr. Serjeant Crew with Iustice Houghton and Mr. Solliciter with Iustice Dodderidge This done I took my Fellows aside and advised that they should presently speak with the 3. Iudges before I could speak with my Lord Cooke for doubt of Infusion And that they should not in any case make any doubt to the Iudges as if they mistrusted they would not deliver any Opinion apart but speak resolutely to them and onely make their Comming to be to know what time they would appoint to be attended with the Papers This sorted not amiss For Mr. Solliciter came to me this Evening and related to me that he had found Iudge Dodderidge very ready to give Opinion in secret And fell upon the same reason which upon your Majesties first Letter I had used to my Lord Cooke at the Council Table which was that every Iudge was bound expresly by his Oath to give your Majesty Counsel when he was called And whether he should doe it joyntly or severally that rested in your Maiesties good pleasure as you would require it And though the Ordinary Course was to assemble them yet there mought intervene Cases wherein the other Course was more convenient The like Answer made Iustice Crook Iustice Houghton who is a soft Man seemed desirous first to conferr Alleging that the other 3. Iudges had all served the Crown before they were Iudges but that he had not been much acquainted with Business of this Nature We purpose therefore â—orthwith they shall be made acquainted with the Papers And if that could be done as suddainly as this was I should make small doubt of their Opinions And howsoever I hope Force of Law and President will bind them to the Truth Neither am I wholly out of hope that my Lord Cooke himself when I have in some dark manner put him in doubt that he shall be left alone will not continue singular For Owen I know not the reason why there should have been no Mention made thereof in the last Advertisement For I must say for my Self that I have lost no moment of Time in it as my Lord of Canterbury can bear me witness For having received from my Lord an Additional of great Importance which was that Owen of his own Accord after Examination should compare the Case of your Majesty if you were Excommunicate to the Case of a Prisoner Condemned at the Barr which Additional was subscribed by one Witness but yet I perceived it was spoken aloud and in the Hearing of others I presently sent down a Copy thereof which is now come up attested with the Hands of 3. more lest there should have been any Scruple of Singularis Testis So as for this Case I may say Omnia parata And we expect but a Direction from your Maâ—esty for the Acquainting the Iudges severally Or the 4. Iudges of the Kings Bench as your Majesty shall think good I forget not nor forslow not your Majesties Commandement touching Recusants Of which when it is ripe I will give your Majesty a true Account and what is possible to be done and where the Impediment is Mr. Secretary bringeth Bonam Voluntatem but he is not versed much in these things And sometimes urgeth the Conclusion without the premises and by haste hindreth It is my Lord Treasurer and the Exchequer must help it if it be holpen I have heard more wayes than oneâ— of an ofter of 20000 l. per Annum for farming the Penalties of Recusants not including any Offence Capital or of Premunire wherein I will presume to say that my poor Endeavours since I was by your great and sole grace your Atturney have been no small Spurrs to make them feel your Laws and seek this Redemption Wherein I must also say my Lord Cooke hath done his part And I doe assure your Majesty I know it somewhat inwardly and groundedly that by the Courses we have taken they conform daily and in great Numbers And I would to God it were as well a Conversion as a Conformity But if it should die by Dispensation or Dissimulation then I fear that whereas your Majesty hath now so many ill Subjects poor and detected you shall then have them rich and dissembled And therefore I hold this offer very considerable of so great an Increase of Revenew If it can pass the fiery Trial of Religion and Honour which I wish all Projects may pass Thus in as much as I have made to your Majesty somewhat a naked and particular account of Business I hope your Majesty will use it accordingly God preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter reporting the State of my Lord Chancellers Health Jan. 29. 1614. It may please your excellent Majesty BEcause I know your Majesty would be glad to hear how it is with my Lord Chanceller And that it pleased him out of his antient and great Love to me which many times in Sickness appeareth most To admit me to a great deal of Speech with him this afternoon which during these three dayes he hath scarcely done to any I thought it mought be pleasing to your Majesty to certify you how I found him I found him in bed but his Spirits fresh and good speaking stoutly and without being spent or weary And both willing and Beginning of himself to speak but wholly of your Majesties Business Wherein I cannot forget to relate this particular That he wished that his Sentencing of I. S. at the day appointed mought be his last Work to conclude his Services and express his Affection towards your Majesty I â—old him I knew your Majesty would be
very desirous of his Presencâ— that day So it mought be without prejudice But otherwise your Majesty esteemed a Servant more than a Service specially such a Servant Not to trouble your Majesty Though good Spirits in Sickness be uncertain Kalenders yet I have very good Comfort of him and I hope by that day c. A Letter to the King giving him an Account of Peachams Business and some others Jan. 31. 1614. It may please your excellent Majesty I Received this Morning by Mr. Mâ—rray a Message from your Majesty of some warrant and confidence that I should advertise your Majesty of your business wherein I had part Wherein I am first humbly to thank your Majesty for your good acceptation of my Endeavours and Service which I am not able to furnish with any other Quality save Faith and Diligence For Peachams Case I have since my last Letter been with my Lord Cooke twice Once before Mr. Sâ—cretaries going down to your Majesty And once since which was yesterday At the Former of which times I delivered him Peachams papers And at this Latter the Presidents which I had with care gathered and selected For these Degrees and order the Business required At the former I told him that he knew my Errand which stood upon two points The one to inform him of the particular Case of Peachams Treasons For I never give it other word to him The other to receive his Opinion to my Self and in secret according to my Commission from your Majesty At the former time he fell upon the same Allegation which he had begun at the Council Table that Iudges were not to give Opinion by Fractions but entirely according to the Vote whereupon they should settle upon conference And that this Auricular Taking of Opinions single and apart was new and dangerous And other words more vehement than I repeat I replyed in Civil and plain Terms That I wisht his Lordship in my love to him to think better of it For that this that his Lordship was pleased to put into great Words seemed to me and my Fellows when we spake of it amongst our selves a reasonable and familiar Matter For a King to consult with his Iudges either assembled or selected or one by one And then to give him a little Outlet to save his first Opinion wherewith he is most commonly in love I added that Iudges some times might make a Suâ—e to be spared for their Opinion till they had spoken with their Brethren But if the King upon his own Princely Judgemeâ—t for Reason of Estate should think it fit to have it otherwise and should so demand it there was no declining Nay that it touched upon a Violation of their Oath which was to counsel the King without Distinction whether it were joyntly or severally Thereupon I put him the Case of the Privy Council As if your Majesty should be pleased to command any of them to deliver their Opinion a part and in private whether it were a good Answer to deny it otherwise than if it were propounded at the Table To this he said That the Cases were not alike because this concern'd Life To which I replyed That Questions of Estate mought concern Thousands of Lives and many Things more precious than the Life of a particular As Warr and Peace and the like To conclude his Lordship tanquam Exitum quaerens desired me for the time to leave with him the Papers without pressing him to consent to deliver a private Opinion till he had perused them I said I would And the more willingly because I thought his Lordship upon due consideration of the Papers would finde the Case to be so clear a Case of Treason as he would make no difficulty to deliver his Opinion in private And so I was perswaded of the rest of the Iudges of the Kings Bench who likewise as I partly understood made no Scruple to deliver their Opinion in private Whereunto he said which I noted well That his Brethren were wise Men And that they might make a shew as if they would give an Opinion as was required But the end would be that it would come to this They would say they doubted of it and so pray advice with the rest But to this I answered that I was sorry to hear him say so much lest if it came so to pass some that loved him not might make a Construction that that which he had foretold he had wrought Thus your Majesty see 's that as Solomon saith Gressus nolentis tanquam in Sepi spinarum It catcheth upon every Thing The latter Meeting is yet of more Importance For then comming armed with divers presidents I thought to set in with the best strength I could and said That before I descended to the Record I would break the Case to him thus That it was true we were to proceed upon the antient Statute of King Edward the 3. because other Temporary Statutes were gone And therefore it must be said in the Indictment Imaginatus est et Compassavit Mortem et finalem Destructionem Domini Regis Then must the particular Treasons follow in this manner viz. Et quod ad perimplendum nefandum Propositum suum composuit conscripsit quendam detestabilem et venenosum libellum sive scriptum in quo inter alia proditoria continetur c. And then the principal passages of Treason taken forth of the Papers are to be entred in haec Verba And with a Conclusion in the End Ad Intentionem quod Ligeus Populus et Veri Subditi Domini Regis cordia em suum amorem â— Domino Rege retraherent et ipsum Dominum Regem relinquerent Guerram et Insurrectionem contra eum levarent et facerent c. I have in this former followed the antient Stile of the Indictments for brevity sake though when we come to the Business it self we shall enlarge it according to the use of the later times This I represented to him being a thing he is well acquainted with that he might perceive the Platform of that was intended without any Mistaking or Obscurity But then I fell to the matter it self to loâ—k him in as much as I could viz. That there be 4. Means or manners whereby the Death of the King is compassed and imagined The first by some particular Fact or Plot. The second by Disabling his Title As by affirming that he is not lawfull King Or that another ought to be King Or that hee is an Vsurper Or a Bastard Or the like The third by Subjecting his Title to the Pope and thereby Making him of an Absolute King a Conditional King The fourth by Disabling his Regiment and making him appear to be incapable or indign to reign These things I relate to your Majesty in summ as is fit which when I opened to my Lord I did insist a little more upon with more efficacy and edge and Authority of Law and Record than I can now express Then I placed Peachams Treason
within the last Division agreeable to divers presidents whereof I had the Records ready And concluded that your Majesties Safety and Life and Authority was thus by Law inscansed and quartered And that it was in vain to fortify on Three of the sides and so leave you open on the Fourth It is true he heard me in a grave fashion more than accustomed and took a Pen and took notes of my Divisions And when he read the Presidents and Records would say This you mean falleth within your first or your second Division In the end I expresly demanded his Opinion as that whereto both he and I was enjoyned But he desired me to leave the Presidents with him that he might advise upon them I told him the rest of my Fellows would dispatch their part and I should be behinde with mine which I perswaded my Self your Majesty would impute rather to his Backwardness than my Negligence He said as soon as I should understand that the rest were ready he would not be long after with his Opinion For I. S. your Majesty knoweth the day draweth on And my Lord Chancellers Recovery the Season and his Age promising not to be too hasty I spake with him on Sunday at what time I found him in Bed but his Spirits strong and not spent or wearied And spake wholly of your Business leading me from one Matter to another And wished and seemed to hope that hee might attend the day for I. S. and it were as he said to be his last work to conclude his Services and express his Affection towards your Majesty I presumed to say to him that I knew your Majesty would be exceeding desirous of his being present that day so as that it mought be without prejudice to his continuance But that otherwise your Majestie esteemed a Servant more than a Service especially such a Servant Surely in mine Opinion your Majesty were better put off the dayâ— than want his presence considering the Cause of the putting off is so notorioâ—s And then the Capital and the Criminal may come together the next Term. I have not been unprofitable in helping to discover and examine within these few dayes a late Patent by Surreption obtained from your Majesty of the greatest Forest in England worth 30000 l. under Colour of a Defective Title for a matter of 400 l. The Person must be named because the Patent must be questioned It is a great Person my Lord of Shrewsbury Or rather as I think a greater than he which is my Lady of Shrewsbury But I humbly pray your Majesty to know this first from my Lord Treasurer who methinks groweth even studious in your Business God preserve your Majesty Your Majesties most humble and devoted Subject and Servant The rather in regard of Mr. Murray's Absence I humbly pray your Majesty to have a little regard to this Letter A Letter to the King touching my Lord Chancellers Amendment and the putting off of J. S. his Cause February 7. 1614. It may please your excellent Majesty MY Lord Chanceller sent for me to speak with me this Morning about 8. of the clock I perceive he hath now that Signum Sanitatis as to feel better his former weakness For it is true I did a little mistrust that it was but a Boutade of Desire and good Spirit when he promised himself strength for Friday though I was wonn and carried with it But now I finde him well inclined to use should I say your Liberty or rather your Interdict signifyed by Mr. Secretary from your Majesty His Lordship shewed me also your own Letter whereof he had told me before but had not shewed it me What shall I say I doe much admire your Goodness for writing such a Letter at such a time He had sent also to my Lord Treasurer to desire him to come to him about that time His Lordship came And not to trouble your Majesty with circumstances both their Lordships concluded my Self present and concurring That it could be no prejudice to your Majesties Service to put off the day for I. S. till the next Term. The rather because there are Seven of your Privy Council which are at least Numerus and part of the Court which are by Infirmity like to be absent That is my Lord Chanceller my Lord Admiral my Lord of Shrewsbury my Lord of Exceter my Lord Zouch my Lord Stanhope and Mr. Chanceller of the Dutchy wherefore they agreed to hold a Council too morrow in the afternoon for that purpose It is true that I was alwayes of Opinion that it was no time lost And I doe think so the rather because I could be content that the Matter of Peacham were first setled and put to a point For there be perchance that would make the Example upon I.S. to stand for all For Peacham I expect some account from my Fellows this day If it should fall out otherwise then I hope it may not be left so Your Majesty in your last Letter very wisely put in a Disjunctive that the Iudges should deliver an Opinion privately either to my Lord Chanceller or to our Selves distributed His Sickness made the later way to be taken But the other may be reserved with some Accommodating when we see the success of the Former I am appointed this day to attend my Lord Treasurer for a Proposition of Raising Profit and Revenew by Infranchising Copyholders I am right glad to see the Patrimonial part of your Revenew well look'd into as well as the Fiscal And I hope it will so be in other parts as well as this God preserve your Majestie Your Majesties most humble and devoted Subject and Servant A Letter to the King of account of Owens Cause c. 11 February 1614. It may please your excellent Majesty MY Self with the rest of your Counsel Learned confered with my Lord Cooke and the rest of the Iudges of the Kings Bench onely being met at my Lords Chamber concerning the business of Owen For although it be true that your Maiesty in your Letter did mention that the same Course might be held in the Taking of Opinions apart in this which was prescribed and used in Peachams Cause yet both my Lords of the Council and we amongst our Selves holding it in a Case so clear not needfull But rathat it would import a diffidence in us and deprive us of the means to debate it with the Iudges if cause were more strongly which is somewhat we thought best rather to use this Form The Iudges desired us to leave the Examinations and Papers with them for some little time to consider which is a thing they use But I conceive there will be no manner of Question made of it My Lord Chief Iustice to shew forwardness as I interpret it shewed us passages of Suarez and others thereby to prove that though your Majesty stood not Excommunicate by particular Sentence yet by the General Bulls of Coena Domini and others you were upon the matter Excommunicate And
therefore that the Treason was as De praesenti But I that foresee that if that Course should be held when it commeth to a publick day to disseminate to the Vulgar an Opinion that your Majesties Case is all one as if you were de Facto particularly and exprâ—sâ—y Excommunicate it would but encrease the danger of your Person with those that are Desperate Papists And that it is needless Commended my Lords Diligence but withall put it by And fell upon the other Course which is the true way That is that whosoever shall affirm in Diem or sub Conditione that your Majesty may be destroyed is a Traytor de praesenti For that he maketh you but Tennant for Life at the will of another And I put the Duke of Buckinghams Case who said That if the King caused him to be arrested of Treason he would stab him And the Case of the Imposturess Elizabeth Barton that said That if King Henry the 8. took not his Wife again Katharine Dowager he should be no longer King And the like It may be these particulars are not worth the Relating But because I find nothing in the World so important to your Service as to have you throughly inâ—ormed the Ability of your Direction considered it maketâ— me thus to doe Most humbly praying your Majesty to admonish me if I be over-troublesom For Peacham the rest of my Fellowes are ready to make their Report to your Majesty at such time and in such manner as your Majâ—sty shall require it My Self yesterday took my Lord Cooke aside after the rest were gone and told him all the rest were ready and I was now to require his Lordships Opinion according to my Commission He said I should have it And repeated that twice or thrice as thinking he had gone too farr in that kinde of Negative to deliver any Opiâ—ion apart before And said he would tell it me within a very short time though he were not that instant ready I have tossed this Business in omnes partes whereof I will give your Majesty knowledge when time serveth God preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter to the King about a Certificate of my Lord Cooke Feb. 14. 1614. It may please your excellent Majesty I Send your Majesty enclosed my Lord Cookes Answers I will not call them Rescripts Much less Oracles They are of his own hand and offered to me as they are in writing though I am glad of it for mine own Discharge I thought it my duty as soon as I received them instantly to send them to your Majesty And forbear for the present to speak further of them I for my part though this Muscovia Weather be a little too hard for my Constitution was ready to have waited upon your Majesty this day all respects set aside But my Lord Treasurer in respect of the season and much other Business was willing to save me I will only conclude touching these Papers with a Text Divided I can not say Oportet isthaec fieri But I may say Finis autem nondum God preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter to the King touching Matter of his Revenew and Profit April 25. 1615. It may please your Majesty I May remember what Tacitus saith by occasion that Tiberius was often and long absent from Rome In Vrbe et parvâ et magnâ Negotia Imperatorem simul premunt But saith He In recessu dimissis rebus minoris momenti summae rerum magnâ—rum magis agitantur This maketh me think it shall be no Incivility to trouble your Majesty with business during your aboad from London Knowingâ— that your Majesties Meditations are the principal wheel of your Estate And being warranted from a former Commandement which I received from you I doe now onely send your Majesty these Papers enclosed because I doe greatly desire so farr forth to preserve my credit with you as thus That whereas lately perhaps out of too much Desire which induceth too much beleef I was bold to say that I thought it as easie for your Majesty to come out of Want as to goe forth of your Gallery your Majesty would not take me for a Dreamer or a Projectour I send your Majesty therefore some Grounds of my Hopes And for that Paper which I have gathered of Increasments sperate I beseech you to give me leave to think that if any of the particulars doe fail it will be rather for want of workmanship in those that shall deal in them than want of Materials in the Things themselves The other Paper hath many Discarding Cards And I send it chiefly that your Majesty may be the less surprized by Projectors who pretend sometimesâ— great Discoveries and Inventions in Things that have been propounded and perhaps after a better fashion long since God Almighty preserve your Majesty Your Majesties most humble and devoted Subject and Servant A Letter to the King reporting the Day of Hearing of I. S. his Cause in the Starre-Chamber 29 April 1615. It may please your excellent Majesty I. S. his Day is past and well past I hold it to be Ianus Bifrons It hath a good Aspect to that which is past And to the Future And doth both â—atisfie and prepare All did well My Lord Chief Iustice delivered the Law for the Benevolence strongly I would he had done it timely Mr. Chanceller of the Exchequer spake finely somewhat after the manner of my late Lord Privy Seal Not all out so sharply but as elegantly Sir Thomas Lake who is also new in that Court did very well familiarly and Counseller-like My Lord of Pembroke who is likewise a stranger there did extraordinarily well and became himself well and had an evident Applause I meant well also And because my Information was the Ground having spoken out of a few Heads which I had gathered For I seldom doe more I set down as soon as I came home cursorily a Frame of that I had said Though I perswade my self I spake it with more life I have sent it to Mr. Murray sealed If your Majesty have so much idle time to look upon it it may give some light of the Dayes work But I most humbly pray your Majesty to pardon the Errours God preserve you ever Your Majesties most humble Subject and devoted Servant A Letter to the King concerning the New Company August 12. 1615. It may please your most excellent Majesty YOâ—r Maâ—esty shall shortly receive the Bill for the Incorporation of the New Company together with a Bill for the Privy Seal being a Dependancy thereof For this Morning I subscribed and doâ—keâ—â—ed them both I think it therefore now time to repreâ—sent to your Majesties high wisdom that which I conceive and have had long in my minde concerning your Majesties service and honourable profit in this Business This Project which hath proceeded from a worthy Service of the Lord Treasurer I have from the beginning
constantly affected As may well appear by my sundry Labours from time to time in the same For I hold it a worthy character of your Majesties Reign and Times Insomuch as though your Majesty mought have at this time as is spoken a great Annual Benefit for the Quitting of it yet I shall never be the Man that should wish your Majesty to deprive your Self of that Beatitude Beatius est dare quam accipere In this cause But to sacrifice your profit though as your Majesties State is it be precious to you to so great a Good of your Kingdom Although this Project is not without a Profit immediate unto you by the encreasing of Customes upon the materials of Dyes But here is the Case The New Company by this Patent and Privy Seal are to have two Things wholly diverse from the first Intention Or rather Ex Diametro opposite unto the same which nevertheless they must of necessity have or else the Work is overthrown So as I may call them Mala Necessaria but yet withall Temporarie For as Men make Warr to have Peace so these Merchants must have license for Whites to the end to banish Whites And they must have license to use Teyntours to the end to banish Teyntours This is therefore that I say your Majesty upon these two points may justly and with honour and with preservation of your first Intention inviolate demand Profit in thâ— Interim as long as these unnatural points continue and then to cease For your Majesty may be pleased to observe that they are to have all the Old Companies Profit by the Trade of Whites They are again to have upon the proportion of Cloathes which they shall vent died and dressed the Flemmings profit upon the Teyntour Now then I say As it had been too good Husbandry for a King to have taken profit of them if the Project could have been effected at once as was voiced So on the other side it might be perchance too little Husbandry and Providence to take nothing of them for that which is meerly lucrative to them in the mean time Nay I say further this will greatly conduce and be a kinde of Security to the End desired For I alwayes feared and doe yet fear that when Men by condition Merchants though never so honest have gotten into their Hands the Trade of Whites and the Dispensation to Teyntour wherein they shall reap profit for that which they never sowed But have gotten themselves Certainties in respect of the States hopes They are like enough to sleep upon this as upon a Pillow And to make no haste to goe on with the rest And though it may be said that that is a thing will easily appear to the State yet no doubt means may be devised and found to draw the Business in length So that I conclude that if your Majesty take a profit of them in the Interim considering you refuse profit from the Old Company it will be both Spurr and Bridle to them to make them Pace aright to your Majesties End This in all humbleness according to my vowed Care and Fidelity being no Mans Man but your Majesties I present leave and submit to your Majesties better Judgement And I could wish your Majesty would speak with Sir Thomas Lake in it who besides his good Habit which he hath in business beareth methinks an indifferent Hand in this particular And if it please your Majesty it may proceed as from your Self and not as a Motion or Observation of mine Your Majesty need not in this to be streightned in time As if this must be demanded or treated before you sign their Bill For I foreseeing this and foreseeing that many things mought fall out which I could not foresee have handled it so as with their good Contentment there is a Power of Revocation inserted into their Patent And so commending your Majesty to Gods blessed and precious Custody I rest Your Majesties most humble and devoted Subject and Servant A Letter to Sir George Villiers touching Ropers place January 22. 1615. SIR Sending to the King upon Occasion I would not fail to salute you by my Letter which that it may be more than two lines I add this for News That as I was sitting by my Lord Chief Iustice upon the Commission for the Indicting of the Great Person One of the Iudges asked Him whether Roper were dead He said He for his part knew not Another of the Iudges answered It should concern you my Lord to know it Whereupon he turned his Speech to me aud said No Mr. Atturney I will not wrastle now in my latter times My Lord said I you speak like a wise Man Well saith he they have had no luck with it that have had it I said again Those dayes be past Here you have the Dialogue to make you merry But in sadness I was glad to perceive he meant not to contest I can but honour and love you and rest Your assured Friend and Servant A Letter to the King advising how to break off with the New Company February 3. 1615. It may please your excellent Majesty I Spake yesternight long with my Lord Cooke And for the Rege inconsulâ—o I conceive by him it will be An ampliùs deliberandum censeo as I thought at first so as for the present your Majesty shall not need to renew your Commandement of Stay I spake with him also about some Propositions concerning your Majesties casual Revenew wherein I found him to consent with me fully Assuming nevertheless that he had thought of them before But it is one Thing to have the Vapour of a Thought Another to digest Business aright He on his part imparted to me diverse Things of great weight concerning the Reparatâ—on of your Majesties Means and Finances which I heard gladly Insomuch as he perceiving the same I think was the readier to open himself to me in one Circumstance which he did much inculcate I concurr fully with him that they are to be held secret For I never saw but that Business is like a Child which is framed invisibly in the Wombe And if it come forth too soon it will be abortive I know in most of them the Prosecution must rest much upon my Self But I that had the Power to prevail in the Farmers Case of the French Wines without the help of my Lord Cooke shall be better able to goe through these with his help the ground being no less just And this I shall ever add of mine own that I shall ever respect your Majesties Honour no less than your Profit And shall also take care according to my pensive manner that that which is good for the present have not in it hidden Seeds of future Inconveniences The Matter of the New Company was referred to me by the Lords of the Privâ— Council wherein after some private Speech with Sir Lionel Cranfield I made that Report which I held most agreeable to Truth and your Maiesties Service If this New
Company break it must either be put upon the Patent or upon the Order made by themselves For the Patent I satisfied the Board that there was no Title in it which was not either Verbatim in the Patent of the Old Company Or by special warrant from the Table inserted My Lord Cooke with much respect to me acknowledged but disliked the Old Patent it self and disclaimed his being at the Table when the Additions were allowed But in my Opinion howsoever my Lord Cooke to magnify his Science in Law draweth every thing though sometimes unproperly and unseasonably to that kinde of Question it is not convenient to break the Business upon those Points For considering they were but Clauses that were in the former Patents and in many other Patents of Companies And that the Additions likewise passed the Allowance of the Table it will be but clamoured and perhaps conceived that to quarrel them now is but an Occasion taken And that the Times are changed rather than the Matter But that which preserveth entire your Majesties Honour and the Constancy of your Proceedings is to put the Breach upon their Orders For this Light I gave in my Report which the Table readily apprehended and much approved That if the Table reject their Orders as unlawfull and unjust it doth free you from their Contract For whosoever contracteth or undertaketh any thing is alwayes understood to perform it by lawfull means So as they have plainly abused the State if that which they have undertaken be either impossible or unjust I am bold to present this Consideration to that excellent Faculty of your Majesties Judgement because I think it importeth that future Good which may grow to your Majesty in the close of this Business That the Falling ofâ— be without all Exception God have you in his precious Custody Your Majesties most humble and bounden Subject and Servant A Letter to the King touching the Lord Chancellers Sickness Feb. 9. 1615. It may please your most excellent Majesty I Am glad to understand by Mr. Murray that your Majesty accepteth well of my poor Endeavours in opening unto you the passages of your Service That Business may come the less crude and the more prepared to your Royal Iudgement the perfection whereof as I cannot expect they should satisfy in every particular so I hope through my Assiduity there will result a good Total My Lord Chancellers Sickness falleth out durâ— Tempore I have alwaies known him a wise Man and of just Elevation for Monarchy But your Majesties service must not be Mortal And if you leese him as your Majesty hath now of late purchased many Hearts by depressing the Wicked So God doth minister unto you a Counterpart to doe the like by raising the Honest. God evermore preserve your Majesty Your Majesties most humble Subject and bounden Servant A Letter to the King of my Lord Chancellers Amendment and the Difference begun between the Chancery and Kings Bench Feb. 15. 1615. It may please your excellent Majesty I Doe find God be thanked a sensible Amendment in my Lord Chanceller I was with him yesterday in private conference about half an Hour And this day again at such time as he did seal which he endured well almost the space of an Hour though the Vapour of Wax be offensive to him He is free from a Feaver Perfect in his powers of Memory and Speech And not hollow in his Voice nor Look He hath no panting or labouring Respiration Neither are his Coughs dry or weak But whosoever thinketh his Disease is but Melancholy he maketh no true Judgement of it For it is plainly a formed and deep Cough with a Pectoral surcharge So that at times he doth almost Animam agere I forbear to advertise your Majesty of the Care I took to have Commissions in readiness because Mr. Secretary Lake hath let me understand he signifyed as much to your Majesty But I hope there shall be no use for them at this time And as I am glad to advertise your Majesty of the Amendment of your Chancellers Person So I am sorry to accompany it with an Advertisement of the Sickness of your Chancery Court though by the Grace of God that Cure will be much easier than the other It is true I did lately write to your Majesty that for the Matter of the Habeas Corpora which was the third Matter in Law you had given me in charge I did think the Communion in Service between my Lord Chanceller and my Lord Chief Iustice in the great Business of Examination would so joyn them as they would not square at this time But pardon me I humbly pray your Majesty if I have too Reasonable Thoughts And yet that which happened the last day of the Term concerning certain Indictments in the Nature of Premunire preferred into the Kings Bench but not sound Is not so much as is voiced abroad though I must say it is omni tempore Nimium et hoc tempoâ—e Alienum And therefore I beseech your Maâ—esty not to give any Beleeving Ear to Reports but to receive the Truth from me that am your Atturney General and ought to stand indifferent for Iurisdictions of all Courts which Account I cannot give your Majesty now because I was then absentâ— And some are now absent which are properly and authentically to inform me touching that which passed Neither let this any wayes disjoynt your other Business For there is a time for all things And this very Accideâ—t may be turned to Good Not that I am of Opinion that that same Cunning Maxim of Separa Impera which sometimes holdeth in Persons can well take place in Iurisdictions But because some good Occasion by this Excess may be taken to settle that which would have been more dangerous if it had gone out by little and little God ever preserve your Majesty Your Majesties most humble Subject and most bounden Servant A Letter to Sir George Villiers touching the Difference between the Court of Chancery and the Kings Bench. Febr. 19. 1615. SIR I received this Morning from you two Letters by the same Bearer The one written before the other after his Majesty had received my last In this Difference between the two Courts of Chancery and Kings Bench For so I had rather take it for this Time than between the Perâ—ons of my Lord Chanceller and my Lord Chief Iustice I marvail not if Rumour get way of true Relation For I know Fame hath swift wings Specially that which hath black Feathers But within these two dayes For sooner I cannot be ready I will write unto his Majesty both the Narrative truly and my Opinion sincerely Taâ—ing much comfort that I serve such a King as hath Gods Property in discerning truly of Mens Hearts I purpose to speak with my Lord Chanceller this day And so to exhibite that Cordial of his Majesties Grace As I hope that other Accident will rather rouze and raise his Spirit than deject him or encline him to
Relapse Mean while I commend the Wit of a mean Man that said this other day Well the next Term you shall have an old man come with a Beesom of Wormwood in his Hand that will sweep away all this For it is my Lord Chancellers Fashion specially towards the Summer to carry a Posie of Wormwood I write this Letter in Haste to return your Messenger with it God keep you and long and happily may you serve his Majesty Sir I thank you for your Inward Letter I have burned it as you commanded But the Fire it hath kindled in me will never be extinguished Your true and affectionate Servant A Letter to Sir George Villiers touching a Motion to swear him Counsellerâ— Febr. 21. 1615. SIR My Lord Chancellers Health growing with the Dayes and his Resignation being an Uncertainty I would be glad you went on with my first Motion my swearing Privy Counseller This I desire not so much to make my Self more sure of the other and to put it past Competition For herein I rest wholly upon the King and your excellent self But because I finde hourly that I need this Strength in his Majesties service Both â—or my better warrant and satisfaction of my Conscience that I deal not in Things above my Vocation And for my better Countenance and Prevailing where his Majesties service is under any pretext opposed I would it were dispatched I remember a greater Matter than this was dispatched by a Letter from Royston which was the Placing of the Arch-Bishop that now is And I imagine the King did it on purpose that the Act mought appear to be his own My Lord Chanceller told me yesterday in plain Terms that if the King would ask his opinion touching the Person that he would commend to succeed him upon Death or Disability he would name me for the fittest Man You may advise whether use may not be made of this offer I sent a pretty while since a Paper to Mr. Iohn Murrey which was indeed a little Remembrance of some Things past concerning my honest and faithfull Services to his Majesty Not by way of Boasting from which I am farr but as Tokens of my studying his Service uprightly and carefully If you be pleased to call for the Paper which is with Mr. Iohn Murrey And to find a fit time that his Maiesty may cast an eye upon it I think it will doe no Hurt And I have written to Mr. Murrey to deliver the Paper if you call for it God keep you in all Happiness Your truest Servant A Letter to the King concerning the Premunire in the Kings Bench against the Chancery Febr. 21. 1615. It may please your most excellent Majesty I Was yesterday in the Afternoon with my Lord Chanceller according to your Commandement which I received by the Master of the Horse And finde the Old Man well comforted Both towards God and towards the World and that same middle Comfort which is Divine and Humane proceeding from your Majesty being Gods Lieutenant on Earth I am perswaded hath been a great Cause that such a Sickness hath been portable to such an Age. I did not fail in my Conjecture that this Businessâ— of the Chancery hath stirred him He sheweth to despise it but he is full of it And almost like a young Duellist that findeth himself behind hand I will now as your Majesty requireth give you a true Relation of that which hath passed Neither will I decline your Royal Commandement for delivering my Opinion also though it be a tender Subject to write on But I that account my Being but as an Accident to my service will neglect no duty upon Self-Safety First it is necessary I let your Majesty know the Ground of the Difference between the Two Courts that your Majesty may the better understand the Narrative There was a Statute made 27 Edw. 3. Cap. 1. which no doubt in the principal Intention thereof was ordained against those that sued to Romeâ— wherein there are Words somewhat general against any that questioneth or impeacheth any Iudgement given in the Kings Courts or in any other Court. Vpon thesâ— doubtfull words other Courts the Controversie groweth For the sounder Interpretation taketh them to be meant of those Courts which though locally they were not held at Rome or where the Popes Chair was but hâ—re within the Realm yet in their Iurisdiction had their Dependance upon the Court of Rome As were the Court of the Legate here and the Courts of the Arch-Bishops and Bishops which were then but subordinate Judgement Seats to that high Tribunal of Rome And for this Construction the Opposition of the Words if they be well observed between the Kings Courâ—s and other Courts maketh very much For it importeth as if those other Courts were not the Kings Courts Also the main Scope of the Statute fortifieth the same And lastly the Practice of many Ages The other Interpretation which cleaveth to the Letter expoundeth the Kings Courts to be the Courts of Law only and other Courts to be Courts of Equity as the Chancery Exchequer-chamber Dutchy c. Though this also flyeth indeed from the Letter for that all these are the Kings Courts There is also another Statute which is but a simple Prohibition and not with a Penalty of a Premunire as the other is That after Iudgements given in the Kings Courts the parties shall be in Peace except â—he Iudgement be undone by Error or Attaint which is a Legal form of Reversal And of this also I hold the Sounder Interpretation to be to settle Possessionsâ— against Disturbances and not to take away Remedy in Equity where those Iudgements are obtained ex Rigore Iuris and against good Conscience But upon these two Statutes there hath been a late Conceit in some that if a Judgement pass at the Common Law against any that he may not after â—ue for Relief in Chancery And if he doth both He and his Counsell and his Sollicitours yea and the Iudge in Equity himself are within the Danger of those Statutes Here your Majesty hath the true state of the Question which I was necessarily to open to you first because your Majesty calleth for this Relation Not as Newes but as Business Now to the Historical part It is the Course of the Kings Bench that they give in Charge to a Grand Iury offences of all Natures to be presented within Middlesex where the said Court is And the manner is to enumerate them as it were iâ— Articles This was done by Iustice Crook the Wednesday before the Term ended And that Article If any Man after a Iudgement given had drawn the said Iudgement to a new Examination in any other Court was by him specially given in charge which had not used to be given in charge before It is true it was not solemnly dwelt upon but as it were thrown in amongst the rest The last day of the Term And that which all Men condemn the supposed last day of my Lord Chancellers
Circuit and my Lord Chancellers Infirmity with Hope of Recovery And although this pâ—otraction of Time may breed some doubt of Mutability yet I have lately learned out of an excellent Letter of a certain King That the Sun sheweth sometimes watry to our Eyes but when the Cloud is gone the Sun is as before God ever preserve your Majestie Your Majesties most humble Subject and bounden Servant A Letter to the King of Advice upon the Breach of the New Company Febr 25. 1615. It may please your most excellent Majesty YOur Privy Council have wisely and truly discerned of the Orders and Demands of the New Company that they are unlawfull and unjust And themselves have now acknowledged the Work impossible without them by their Petition in Writing now registred in the Council-Book So as this Conclusion of their own making is become peremptory and final to themselves And the Impossibility confessed the Practice and Abuse reserved to the Judgement the State shall make of it This Breach then of this great Contract is wholly on their part which could not have been if your Majesty had broken upon the Patent For the Patent was your Maiesties Act The Orders are their Act And in the former Case they had not been liable to further Question now they are There rest two Things to be considered The one if they like Proteus when he is hard held shall yet again vary their shape And shall quit their Orders convinced of Injustice and lay their Imposition onely upon the Trade of Whites whether your Majesty shall further expect The other if your Majestie dissolve them upon this Breach on their part what is further to be done for the setting of the Trade again in joynt and for your own Honour and profit In both which points I will not presume to give Opinion but onely to break the Business for your Majestiâ—s better Judgement For the first I am sorry the Occasion was given by my Lord Cookes Speech at this time of the Commitment of some of them That they should seek Omnem movere lapidem to help themselves Better it had been if as my Lord Penton said to me that Morning very judiciously and with a great Deal of Foresight That for that time they should have had a Bridge made for tâ—em to be gone But my Lord Cooke floweth according to his own Tides and not according to the Tides of Business The thingâ— which my Lord Cook said was good and too little but at this time it was too much But that is past Howsoever if they should goe back and seek again to entertain your Majesty with new Orders or Offers as is said to be intended your Majesty hath ready two Answers of Repulse if it please your Majesty to use them The one that this is now the Fourth time that they have mainly broken with your Majesty and contradicted themselves First they undertook to dye and dress all the Cloaâ—hes of the Realm Soon after they wound themselves into the Trade of Whites and came down to the proportion contracted Secondly they ought to have performed that Contract according to their Subscription pro ratâ without any of these Orders and Impositions Soon after they deserted their Subscription and had recourse to these Devices of Orders Thirdly if by Order and not by Subscription yet their Orders should have laid it upon the Whites which is an Unlawfull and Prohibited Trade Nevertheless they would have brought in lawfull and setled Trades full Manufactures Merchandize of all Natures Poll-Money or Brotherhood-Money and I cannot tell what And now lastly it seemeth they would goe Back to lay it upon the Whites And therefore whether you Majesty will any more rest and build this great Wheel of your Kingdom upon these broken and brittle Pinns and try Experiments further upon the Health and Body of your State I leave to your Princely Iudgement The other Answer of Repulse is a kinde of Apposing them what they will doe after the three years contracted for Which is a point hitherto not much stirred though Sir Lionell Cranfield hath ever beaten upon it in his Speech with me For after the three years they are not tyed otherwayes than as Trade shall give Encouragement Of which Encouragement your Majesty hath a bitter Tast. And if they should hold on according to the third years Proportion and not rise on by further gradation your Majesty hath not your End No I fear and have long feared that this Feeding of the Foreiner may be dangerous For as we may think to hold up our Cloathing by Vent of Whites till we can dye and dresse So they I mean the Dutch will think to hold up their Manufacture of Dying and Dressing upon our Whites till they can cloath So as your Majesty hath the greatest reason in the World to make the New Company to come in and strengthen that part of their Contract And they refusing as it is confidently beleeved they will to make their Default more visible to all Men. For the second main part of your Majesties Consultation That is what shall be done supposing an absolute Breach I have had some Speech with Mr. Secretary Lake and likewise with Sir Lionell Cranfield And as I conceive tâ—ere may be three wayes taken into consideration The first is that the Old Company be restored who no doubt are in Appetite and as I finde by Sir Lionell Cranfield not unprepared And that the Licences The one that of 30000 Cloathes which was the old Licence The other that of my Lord of Cumberlands which is without stint my Lord of Cumberland receiving Satisfaction be compounded into one entire Licence without stint And then that they amongst themselves take order for that profit which hath been offered to your Majesty This is a plain and known way wherein your Majesty is not an Actour onely it hath â—his that the Work of Dying and Dressing Cloathes which hath been so much glorifyed seemeth to be wholly relinquished if you leave there The second is that there be a free Trade of Cloath with this Difference That the Dyed and dressed pay no Custome and the Whites double Custom it being a Merchandize prohibited and onely licentiate This continueth in life and â—ame the â—ork desired and will have a popular Applause But I doe confess I did ever think that Trading in Companies is most agreeable to the English Nature which wantetâ— that same general Vein of a Republick which runneth in the Dutch And sâ—rveth to them instead of a Company And thâ—refore I dare not advise to adventure this great Trade of the Kingdom which hath been so long under Government in a free or loose Trade The Third is a Compounded Way of both which is To goe on with the Trade of Whites by the Old Company restored And that your Majesties Profit be raised by Order amongst Themselves Rather than by double Custom wherein you must be the Actour And that nevertheless there be added a Privilege to the same
Company to carry out Cloathes Dyed and Dressed Custom-free Which will still continue as a glorious Beam of your Majesties Royal Design I hope and Wish at least that this which I have written may be of some use to your Majesty to settle by the Advice of the Lords about you this great Business At the least it is the Effect of my Care and poor Ability which if in me be any it is given me to no other end but faithfully to serve your Majesty God ever preserve you Your Majesties most humble Subject and bounden Servant Another Letter to Sir George Villiers touching a Motion to swear him Counseller February 27. 1615. SIR I humbly pray you not to think me over-hasty or much in Appetite if I put you in Remembrance of my Motion of strengthening me with the Oath and Trust of a Privy Counseller Not for mine own strength For as to that I thank God I am armed within but for the Strength of my Service The Times I submit to you who knoweth them best But sure I am there were never Times which did more require a Kings Atturneâ— to be well armed and as I said once to you to wear a Gauntlet and not a Glove The Arraignments when they proceed The Contention between the Chancery and Benchâ— The great Cause of the Rege inconsulto which is so precious to the Kings Prerogative Diverse other Services that concern the Kings Revenew and the Repair of his Estate Besides it pleaseth his Majesty to accept well of my Relations touching his Business which may seem a kind of Interloping as the Merchants call it for one that is no Counseller But I leave all unto you thinking my Self infinitely bounden unto you for your great Favours The Beams whereof I see plainly reflect upon me even from others So that now I have no greater Ambition than this That as the King sheweth Himself to you the best Master so I mought be found your best Servant In which Wish and Vow I shall ever rest Most devoted and affectionate to obey your Commands A Letter to the King upon some Inclination of his Majesty to him for the Chancellers Place April 1. 1616. It may please your most excellent Majesty THe last day when it pleased your Majesty to express your Self towards me farr above that I can deserve or could expect I was surprized by the Princes comming in I most humbly pray your Majesty to accept these few Lines of Acknowledgement I never had great Thought for my Self further than to maintain those great Thoughts which I confess I have for your Service I know what Honour is And I know what the Times are But I thank God with me my Service is the Principal And it is farr from me under Honourable Pretences to cover base Desires which I account then to be when Men referr too much to Themselves especially serving such a King I am afraid of Nothing but that the Master of the Horse your Excellent Servant and I shall fall out who shall hold your Stirrop best But were you Mounted and Seated without Difficulties and Distastes in your Business as I desire and hope to see you I should ex animo desire to spend the Decline of my years in my Studies Wherein also I should not forget to doe him Honour who besides his Active and Politique Vertues is the best Penn of Kings Much more the best Subject of a Penn. God ever preserve your Majesty Your Majesties most humble Subject And more and more obliged Servant A Letter to Sir George Villiers touching his Swearing Counseller May 30. 1616. SIR The time is as I should think now or never â—or his Majesty to finish his good Meaning towards me If it please him to consider what is past and what is to come If I would tender my Profit and oblige Men unto me by my Place and Practice I could have more profit than I could devise And could oblige all the World and offend none which is a brave Condition for a Mans Private But my Heart is not on these Tâ—ings Yet on the other side I would be sorry that worthless Persons should make a Note that I get Nothing but Pains and Enemies And a little Popular Reputation which followeth me whether I will or no. If any thing be to be done for your self I should take infinite Contentment that my Honour might wait upon yours But I would be loath it should wait upon any Man 's else If you would put your strength to this Business it is done And that done many Things more will begin God keep you ever I rest Your true and devoted Servant A Letter to Sir George Villiers upon the Choice his Majesty gave him whether he would be sworn Counseller or have Assurance to succeed the Chanceller Iune 3. 1616. SIR The King giveth me a noble choice And you are the Man my Heart ever told me you were Ambition would draw me to the latter part of the Choice But in respect of my hearty wishes that my Lord Chanceller may live long And the small Hopes I have that I shall live long my Self And above all because I see his Majesties Service daily and instantly bleedeth Towards which I perswade my Self vainly perhaps but yet in mine own thoughts firmly and constantly that I shall give when I am of the Table some effectual Furtherance as a poor Thred of the Labyrinth which hath no other Vertue but an united Continuance without Interruption or Distraction I doe accept of the former to be Counseller for the present and to give over pleading at Barr Let the other Matter rest upon my Proof and his Majesties Pleasure and the Accidents of Time For to speak plainly I would be loath that my Lord Chanceller to whom I owe most after the King and your Self should be locked to his Successour for any Advancement or Gracing of me So I ever remain Your true and most devoted and obliged Servant To his very Honourable good Friend Sir George Villiers Master of the Horse to his Majesty and of the most Noble Order of the Garter Iune 12. 1616. SIR I send his Majesty a Draught of the Act of Counsel concerning the Iudges Letter penned as near as I could to his Majesties Instructions received in your presence I then told his Majesty my Memory was not able to keep way with his And therefore his Majesty will pardon me for any Omissions or Errours And be pleased to supply and reform the same I am preparing some other Materials for his Majesties excellent Hand concerning Business that is comming on For since his Majesty hath renewed my Heart within me methinks I should double my endeavours God ever preserve and prosper you I rest Your most devoted and bounden Servant A Letter to Sir George Villiers for the Restoring of Doctor Burgis to preach Iune 12. 1616. SIR I doe think you may doe your self Honour and that which is more doe a good Work if you will assist and perfect a Motion
begun and that upon a good Ground both of Submission and Conformity for the restoring of Doctor Burgis to Preach And I wish likewise that if Graies Inn should think good after he is free from the State to chuse him for their Preacher his Majesty should not be against it For certainly we should watch him well if he should flye forth So as he cannot be placed in a more safe Auditory This may seem a Trifle buâ— I doe assure you I doe scarce know a particular wherein you may open more honest Mouthes to speak Honour of you than this And I doe extremely desire there may be a full Cry from all sorts of People especially the best to speak and to trumpet out your Commendations â— pray you take it to Heart and doe somewhat in it I rest Your devoted and Bounden Servant A Letter to Sir George Villiers of Advice concerning Ireland From Gorhambury to Windsore Iuly 5. 1616. SIR Because I am uncertain whether his Majesty will put to a point some Resolutions touching Ireland now at Windsore I thought it my duty to attend his Majesty by my Letter and thereby to supply my Absence For the Renewing of some former Commissions for Ireland And the Framing of a new Commission for the Wards and the Alienation which appertain properly to me as his Majesties Atturney and have been accordingly referred by the Lords I will undertake that they are prepared with a greater care and better applications to his Majesties Service in that Kingdom than heretofore they have been And therefore of that I say no more And for the Instructions of the new Deputy they have been set down by the two Secretaries and read to the Board And being things of an ordinary nature I doe not see but they may pass But there have been three Propositions and Counsels which have been stirred which seem to me of very great Importance wherein I think my Self bound to deliver to his Majesty my Advice and Opinion if they should now come in Question The first is touching the Recusant Magistrates of the Towns of Ireland and the Commonalties themselves their Electours what shall be done Which Consultation ariseth from the late Advertisements of the two Lords Iustices upon the Instance of the two Towns Limrick and Kilkenny In which Advertisements they represent the Danger only without giving any Light for the Remedy Ratner warily â—or â—â—â—mselves than agreeable to their Duties and places In this point I humbly pray his Majesty to remember that the Refusal is not of the Oath of Allegiance which is not enacted in Ireland but of the Oath of Supremacy which cutteth deep into Matter of Conscience Also that his Majesty will out of the deptâ— of his Excellent Wisdom and Providence think and as it were calculate with himself Whether Time will make more for the Cause of Religion in Ireland and be still more and more propitious Or whether Deferring Remedies will not make the Case more difficult For if Time give his Majesty Advantage what needeth precipitation to extreme Remedies But if Time will make the case more desperate then his Majesty cannot begin too soon Now in my Opinion Time will open and facilitate Things for Reformation of Religion there And not shut up or lock out the same For first the Plantations going on and being principally of Protestants cannot but mate the other party in Time Also his Majesties Care in placing good Bishops and good Divines In amplifying the Colledge there And in looking to the Education of Wards and such like As they are the most Natural Means so are they like to be the most effectual and happy for the Weeding out of Popery without using the Temporal Sword So that I think I may truly conclude that the Ripeness of Time is not yet come Tâ—erefore my Advice is in all Humbleness that this hazardous Course of Proceeding to tender the Oathâ— to the Magistrates of Towns proceed not but dye by degrees And yet to preserve the Autâ—ority and Reputation of the former Council I would have somewhat done which is that there be a proceeding to Seizuâ—e of Liberties But not by any Act of Power but by Quo Warranto or Scire facias which is a Legal Course Anâ— will be the Work of three or four Termes By which time the Matter will somewhat cool But I would not in any case that the Proceedings should be with both Towns which stand now in contempt but with one of them onely choosing that which shall be thought most fit For if his Majesty proceed with both then all the Towns that are in the like case will think it a common Cause And that it is but their Case too day and their own too morrow But if his Majesty proceed but with one the Apprehension and Terrour will not be so strong For they will think it may be their Case to be spared as well as prosecuted And this is the best Advice that I can give to his Majesty in this Streight And of this Opinion sâ—emed my Lord Chanceller to be The Second Proposition is this It may be his Majesty will be moved to reduce the Number of his Council of Ireland which is now almost Fifty to Twenty or the like Number In respect that the Greatness of the Number doth both embase the Authority of the Council and divulge the Business Nevertheless I hold this Proposition to be rather specious and solemn than needfull at this time For certainly it will fill the State full of Discontentment which in a Growing and unsetled Estate ought not to be This I could wish that his Majesty would appoint a select Number of Counsellours there which might deal in the Improvement of his Revenew Being a Thing not fit to pass through too many Hands And the said selected Number should have dayes of Sitting by themselves At which the rest of the Council should not be present which being once setled then other principal Business of State may be handled at those Sittings and so the rest begin to be disused and yet retain their Countenance without Murmur or Disgrace The Third Proposition as it is moved seemeth to be pretty if it can keep promise For it is thus That a Means may be found to re-enforce his Majesties Army by 500 or a 1000 Men And that without any Penny Encrease of Charge And the Means should be that there should be a Commandement of a Local Removing and transferring some Companies from one Province to another whereupon it is supposed that many that are planted in House and Lands will rather leese their Entertainment than remove And thereby new Men may have their Pay and yet the old be mingled in the Country for the Strength therâ—of In this Proposition two things may be feared The one Discontent of those that shall be put off The other that the Companies shall be stuffed with Novices and Tyrones instead of Veterani I wish therefore that this Proposition be well debated ere it be admitted
to Sir George Villiers upon the Sending of his Patent for the Creation of Viscount Sealed August 20. 1616. SIR I took much Contentment in that I perceive by your Letter that you took in so good part the Freedom of my Advice And that your Self in your own Nature consented therewith Certainly no Service is comparable to good Counsell And the Reason is because no Man can doe so much for another as a Man may doe for himself Now good Counsel helpeth a Man to help himself But you have so happy a Master as supplyeth all My Service and good will shall not be wanting It was graciously and kindly done also of his Majesty towards me to tell you that you were beholding to me But it must be then for Thinking of you as I doeâ— For otherwise for Speaking as I think it is but the part of an Honest Man I send you your Patent whereof God give you Joy And I send you here inclosed a little Note of Remembrance for that part of the Ceremony which concerneth the Patent For as for other Ceremonies I leave to others My Lord Chanceller dispatcht your Patent presently upon the Râ—ceit And writ to me how glad he was of it and how well he wished you If you writ to him a few words of Thanks I think you shall doe well God keep you and prosper you I ever rest Your true and most devoted Servant A Letter to Sir George Villiers acknowledging the Kings Favour in granting some Sute of his August 22. 1616. SIR I am more and more bound unto his Majesty who I think knowing me to have other Ends than Ambition is contented to make me Judge of mine own Desires I am now beating my Brains amongst many Cares of his Majesties Business touching the Redeeming the Time in this Business of Cloath The great Question is How to miss or how to mate the Flemmings How to pass by them or how to pass over them In my next Letter I shall alter your Stile But I shall never whilst I breath alter mine own Stile In being Your true and most devoted Servant The Lord Keepers Letter to the University in answer of their Congratulation at his first Comming to that place To the Renowned University of Cambridge his Dear and Reverend Mother I Am Debtor to you of your Letters and of the Time likewise that I have taken to answer them But as soon as I could chuse what to think on I thought good to let you know That although you may erre much in your valuation of me yet you shall not be deceived in your Assurance And for the other part also though the manner be to mend the Picture by the Life yet I would be glad to mend the Life by the Picture and to become and be as you express me to be Your Gratulations shall be no more welcom to me than your Business or occasions which I will attend and yet not so but that I shall endeavour to prevent them by my care of your Good And so I commend you to God's goodness Your most loving and assured Friend and Sonne Fr. Bacon C. S. Gorhambury Apr. 12. 1617. A Letter of King James written to his Lordship when he was Lord Chanceller with his Majesties own Hand upon the sending to him his Book of Instauratio Magna then newly published MY Lord I Have received your Letter and your Book than the which you could not have sent a more acceptable Present unto me How thankfull I am for it cannot better be expressed by me than by a firm Resolution I have taken First to read it thorough with care and attention Though I should steal some Hours from my Sleep Having otherwise as little spare time to read it as you had to write it And theâ— to use the liberty of a true Friend in not sparing to ask you the question in any point whereof I shall stand in doubt Nam ejus est Explicare cujus est Condere As on the other part I will willingly give a due commendation to such places as in my opinion shall deserve it In the mean time I can with comâ—ort assure you that you could not have made choice of a Subject more befitting your placeâ— and your universal and Methodick Knowledge And in the general I have already observed that you jump with me in keeping the midd way between the two Extremes As also in some particulars I have found that you agree fully with my opinion And so praying God to give your Work as good Success as your Heart can wish and your Labours deserve I bid you heartily farewell Iames Rex Octob. 16. 1620. OTHER LETTERS BY THE SAME Honourable Authour Written in the Dayes of QVEEN ELIZABETH LONDON Printed by F. L. for William Lee at the sign of the Turks-Head in Fleetstreet 1657. OTHER LETTERS WRITTEN BY THE SAME Honourable Authour To my Lord of Essex My singular good Lord I May perceive by my Lord Keeper that your Lordship as the time served signified unto him an Intention to conferr with his Lordship at better opportunity Which in regard of your several and weighty occasions I have thought good to put your Lordship in remembrance of That now at his Comming to the Court it may bee executed Desiring your good Lordship nevertheless not to conceive out of this my diligence in solliciting this matter that I am either much in Appetite or much in Hope For as for Appetite The Waters of Parnassus are not like the Waters of the Spaw that give a Stomach But rather they quench Appetite and Desires And for Hope How can he hope much that can allege no other Reason than the Reason of an Evil Debter who will perswade his Creditour to lend him new Summes and to enter further in with him to make him satisfie the old And to her Majesty no other Reason but the Reason of a Waterman I am her first Man of those who serve in Counsel of Law And so I commit your Lordship to Gods best preservation To my Lord of Essex My Lord COnceiving that your Lordship came now up in the person of a good Servant to see your Soveraign Mistris which kinde of Complements are many times Instar magnorum Meritorum And therefore that it would be hard for me to find you I have committed to this poor Paper the humble Salutations of him that is more yours than any Mans And more yours than any Man To these Salutations I add a due and joyfull Gratulation confessing that your Lordship in your last conference with me before your Journey spake not in vain God making it good That you trusted we should say Quis putasset Which as it is found true in a happy sense so I wish you doe not find another Quis putasset in the manner of taking this so great a Service But I hope it is as he said Nubecula est citò transibit And that your Lordships Wisdom and Obsequious Circumspection and Patience will turn all to the
best So referring all to some time that I may attend you I commit you to Gods best preservation To my Lord of Essex My Lord I Am glad your Lordship hath plunged out of your own business Wherein I must commend your Lordship as Xenophon commended the State of his Country which was this That having chosen the worst Form of Government of all others they governed the best in that kinde Hoc Pace et Veniâ tuâ according to my Charter Now as your Lordship is my Witness that I would not trouble you whilst your own Cause was in hand Though that I know that the further from the Term the better the time was to deal â—or me So that being concluded I presume I shall be one of your next Cares And having communicated with my Brother of some course either to persit the first or to make me some other way Or rather by seeming to make me some other way to perfit the first wherewith he agreed to acquaint your Lordship I am desirous for mine own better satisfaction to speak with your Lordship my self Which I had rather were somewhere else than at Court And as soon as your Lordship well assign me to wait on you And so in c. To Sir Robert Cecil SIR YOur Honour knoweth my Manner is though it be not the wisest way yet taking it for the honestest to doe as Alexander did by his Physician In drinking the Medicine and delivering the Advertisement of Suspition So I trust on and yet do not smother what I hear I doe assure you Sir that by a wise Friend of mine and not factious toward your Honour I was told with asseveration that your Honour was bought by Mr. Coventry for 2000. Angels And that you wrought in a contrary spirit to my Lord your Father And he said further that from your Servants from your Lady from some Counsellours that have observed you in my business he knew you wrought under hand against me The truth of which Tale I doe not believe you know the Event will shew and God will right But as I reject this Report though the Strangeness of my Case might make me credulous so I admit a Conceit that the last Messenger my Lord and your self used dealt ill with your Honours And that VVord Speculation which was in the Queens mouth rebounded from him as a Commendation For I am not ignorant of those little Arts. Therefore I pray trust not him again in my matter This was much to write but I think my Fortune will set me at liberty who am weary of asserviling my Self to every Mans charity Thus I c. To Sir John Stanhope SIR YOur good promises sleep which it may seem now no time to awake But that I doe not finde that any general Kalender of Observation of time serveth for the Court And besides if that be done which I hope by this time is done And that other matter shall be done which we wish may be done I hope to my poor Matter the one of these great Matters may clear the way and the other give the occasion And though my Lord Treasurer be absent whose Health neverthelesse will enable him to be sooner at Court than is expected especially if this hard weather too hard to continue shall relent yet we abroad say his Lordships spirit may be there though his person be away Once I take for a good ground that her Majesties Business ought to keep neither Vacation nor Holyday either in the Execution or in the Care and preparation of those whom her Majesty calleth and usethâ— And therefore I would think no time barred from remembring that with such discretion and respect as appertaineth The Conclusion shall be to put you in minde to maintain that which you have kindly begun according to the Reliaunce I have upon the Sincerity of your Affection and the Soundnesse of your Judgement And so I commend you to Gods preservation To my Lord of Essex It may please your good Lordship I Am very sorry her Majesty should take my Motion to travail in offence But surely under her Majesties Royal Correction it is such an Offence as it should be an offence to the Sun when a Man to avoid the scorching heat thereof flyeth into the shade And your Lordship may â—asily think that having now these twenty years For so long it is and more since I went with Sir Amâ—as Paulett into Fraâ—ce from her Majesties royal Hand I made Her Majesties Service the Scope of my life I shall never finde a greater grief than this Relinquere Amorem Primum But since principia Actionum sunt tantùm in nostrâ potestate I hope her Majesty of her Clemency yea and Justice will pardon me and not force me to pine here with Melancholy For though mine Heart be good yet mine Eyes will be sore So as I shall have no pleasure to look abroad And if I should otherwise be affected her Majesty in her Wisdom will but think me an impudent Man that would face out a disgrace Therefore as I have ever found you my good Lord and true Friend so I pray open the matter so to her Majesty as she may discern the necessity of it without adding hard Conceit to her Rejâ—ction Of which I am sure the latter I nevâ—r deserved Thus c. To the Lord Treasurer It may please your good Lordship I Am to give you humble Tâ—anks for your favourablr opinion which by Mr. Secretaries report I finde you conceive of me for the obtaining of a good place which some of my honourable Friends have wished unto me Nec Opinanti I will use no reason to perswade your Lordships Mediation but this That your Lordship and my other Frends shall in this begg my life of the Queen For I see well the Barr will be my Beer as I must and will use it rather than my poor Estate or Reputation shall decay But I stand indiffâ—rent whether God call me or her Majesty Had I that in possession which by your Lordships onely means against the greatest opposition her Majesty graunted me I would never trouble her Majesty but serve her still voluntarily without pay Neither doe I in this more than obey my Friends Conceits as one that would not be wholly wanting to my Self Your Lordships good opinion doth somewhat confirm me as that I take comâ—ort in above all others Assuring your Lordship that I nâ—vâ—r thought so well of my Self for any one thing as that I have found a fitness to my Tâ—inking in my Self to observe and revereâ— your Vertues For the Continuance whereof in the prolonging of your dayes I will still be your Beadsman And accordingly at this time commend your Lordship to the Divine Protection To Foulk Grevil SIR I Understand of your paines to have visited me For which I thank you My Matter is an endlesse Question I assure you I had said Requiesce anima mea But now I am otherwise put to my psalter Nolite confidere I dare go no
farther Her Majesty had by set speech more than once assured me of her Intention to call me to her service which I could not understand but of the place I had been named to And now whether Invidus Homo hoc fecit Or whether my Matter must be an Appendix to my Lo of Essex suâ—e Or whether her Majesty pretending to prove my Ability meaneth but to take advantage of some Errours which like enough at one time or other I may commit Or what it is But her Majesty is not ready to dispatch it And what though the Mr. of the Rowles and my Lo of Essex and your self and others think my case without doubt yet in the mean time I have a hard condition to stand so that whatsoever service I do to her Majesty it shall be thought to be but servitium viscatum lime-twiggs and Fetches to place my self And so I shall have Envy not Thanks This is a Course to quench all good spirits and to Corrupt every Mans Nature which will I fear much hurt her Majesties Service in the end I have been like a piâ—ce of Stuff bespoken in the shopp And if her Majesty will not take me it may be the selling by parcels will be more gainfull For to be as I told you like a Child following a Bird which when he is nearest flyeth away and lighteth a little before and then the Child after it again and so in Infinitum I am weary of it As also of wearying my good Friends Of whom Neverthelesse I hope in one course or other gratefully to deserve And so not forgetting your Businesse I leave to trouble you with this idle Letter being but Iusta Moderata Querimonia For indeed I do confesse primus Amor will not easily be cast off And thus again I commâ—nd me to you To the Lord Treasurer Burghley Most Honourable and my very good Lord. I Know I may commit an Errour in writing this Letter both in a time of great and weighty Businesse As also when my self am not induced thereto by any new particular occasion And therefore your Lordship may impute to me either Levity or Ignorance wâ—at appertaineth to good respâ—cts and forwardnesse of Dâ—aling Especially to an Honourable Peâ—son in whom there is such concurrence of Magnitudo Honoris Oneris As it is hard to say whether is the greater But I answer my self first that I have ever noted it as a part of your Lordships exceâ—â—ent Wisedome Parvis componere Magna That you do not exclude inferiour matters of Accesse amongst the Care of great And for my self I thought it would better manifest what I desire to expresse if I did write out of a deep and settled consideration of mine own Duty rather than upon the spurre of a particular Occasion And therefore my singular good Lord Ex abundantia cordis I must acknowledge how greatly and diversly your Loodship hath vouchsafed to tye me unto you by Many your Benefits The Reversion of the Office which your Lordship Onely procured unto me and carried through great and vehement Opposition though it yet bear no fruit yet it is one of the fairest Flowers of my poor Estate your Lordships constant and serious Endeavours to have me Solliciter your late honourable Wishes for the place of the Wards Together with your Lordships Attempt to give me way by the Remove of Mr. Solliciter Tâ—ey be Matters of singular obligation Besides many other favours as well by your Lordships Graunts from your Self as by your Commendation to others which I have had for my help And may justly perswade my Self out of the few Denials I have received that fewer mought have been if mine own Industry and good happ had been answerable to your Lordships Goodness But on the other side I most humbly pray your Lordships pardon if I speak it The time is yet to come that your Lordship did ever use or command or employ me in my profession in any Services or Occasions of your Lordships own or such as are near unto your Lordship which hath made me fear somâ—times that your Lordship doth more â—onourably affect me than throughly discern of my most humble and dutifull Affection to your Lordship again Which if it were not in me I knew not whether I were unnaturall unthankfull or unwise This causeth me most humbly to pray your Lordship And I know mine own case too well to speak it as weening I can do your Lordship serviâ—e but as willing to do it To believe that your Lordship is upon just Title a principall Owner and proprietary of that I cannot call Talent but Mitâ— that God hath given me which I ever do and shall devote to your service And in like humble manner I pray your Lordship to pardon mine Errours and not to impute unto me the Errours of any other which I know also themselves have by this time left and forethought But to conceive of me to be a Man that daily profitteth in Duty It is true I do in part comfort my self supposing that it is my Weaknesse and insufâ—iciency that moveth your Lordship who hath so generall a command to use others more able But lâ—t it be as it is For Duty onely and Homage I will boldly undertake that Nature and true Thankfulnesse shall never give place to a politick dependance Lastly I most humbly desire your Lordship to continue unto me the good favour and countenance and Encouragement in the Course of my poor Travails whereof I have had some taste and experience For the which I yield your Lordship my very humble good thanks And so again craving your Honours pardon for so long a Letter carrying so empty an offer of so unpuissant a service But yet a true and unfeigned signification of an honest and vowed duty I cease commending your Lordship to the preservation of the Divine Majesty To my Lord of Essex Most Honourable and my Singular good Lord I Cannot but importune your Lordship with thanks for your Lordships remembring my name to my Lord Keeper which being done in such an Article of time could not but be exceedingly enriched both in demonstration and effect which I did well discern by the manner of expressing thereof by his Lordship again to me This accumulating of your Lordships Favours upon me hitherto worketh onely this effect That it raiseth my mind to aspire to be found worthy of them And likewise to merit and serve you for them But whether I shall be able to pay my vowes or no I must leave that to God who hath them in deposito Whom also I most instantly beseech to give you fruit of your actions beyond that your Heart can propound Nam Deus major est corde Even to the Environing of his Benedictions I recommend your Lordship To Sir Thomas Lucy SIR There was no Newes better welcom to me this long time than that of the good Success of my Kinsman wherein if he be happy he cannot be happy alone it consisting of two parts And
not touch me in that which is indissoluble That is point of Duty And that your Majesty will pardon this my un-warranted presumption of writing being to such an end I cease in all Humblenesse Your Majesties poor and never so unworthy Servant Essex To my Lord of Essex It may please your Lordship THat your Lordship is in Statu quo prius no Man taketh greater gladnesse than I do The rather because I assure my self that of your Eclipses as this hath been the longest it shall be the least As the Comicall Poet saith Neque illam tu satis noveras neque te illa hoc ubi fit ibi non vivitur For if I may be so bold as to say what I think I believe neither your Lordship looked to have found her Majesty in all points as you have done Neither her Majesty per case looked to find your Lordship as she hath done And therefore I hope upon this experience may grow more perfect Knowledge and upon Knowledge more true Consent VVhich I for my part do infinitely wish as accounting these Accidents to be like the Fish Remora which though it be not great yet hath it a hidden propriety to hinder the sailing of the ship And therefore as bearing unto your Lordship after her Majesty of all publick persons the second Duty I could not but signifie unto you my affectionate Gratulation And so I commend your good Lordship to the best preservation of the Divine Majesty From Grayes Inne To my Lord Treasurer Burghley My Lord WIth as much confidence as mine own honest and faithfull Devotion unto your Service and your honourable Correspondence unto me and my poor estate can breed in a Man doe I commend my self unto your Lordship I waxe now somewhat ancient One and thirty yeares is a great deal of sand in the Houre-glasse My Health I thank God I find confirmed And I do not sear that Action shall impair it Because I account my ordinary course of Study and Meditation to be more painfull than most parts of Action are I ever bare a mind in some middle place that I could discharge to serve her Majesty Not as a Man born under Sol that loveth Honour Nor under Iupiter that loveth Business For the Contemplative Planet carrieth me away wholly but as a Man born under an Excellent Soveraign that deserveth the Dedication of all Mens Abilities Besides I doe not finde in my self so much Self-love but that the greater parts of my Thoughts are to deserve well if I were able of my Frends and namely of your Lordship who being the Atlas of this Commonwealth the Honour of my House and the second Founder of my poor Estate I am tyed by all duties both of a good Patriot and of an unworthy Kinsman and of an Obliged Servant to employ whatsoever I am to doe you Service Again the Meanness of my Estate doth somewhat move me For though I cannot accuse my Self that I am either prodigal or sloathfull yet my Health is not to spend nor my Course to get Lastly I confesse that I have as vast Contemplative Ends as I have moderate Civil Ends For I have taken all Knowledge to be my Province And if I could purge it of two sort of Rovers whereof the one with frivolous Disputations Confutations and Verbosities The other with blind Experiments and Auricular Traditions and Impostures hath committed so many spoils I hope I should bring in Industrious Observations grounded Conclusions and profitable Inventions and Discoveries the best State of that Province This whether it be Curiosity or Vain-glory or Nature or if one take it favourably Philanthropia is so fixed in my minde as it cannot be removed And I doe easily see that Place of any Reasonable Countenance doth bring commandement of more Wits than of a Mans own which is the Thing I greatly affect And for your Lordship perhaps you shall not finde more Strength and less Encounter in any other And if your Lordship shall finde now or at any time that I doe seek or affect any place whereunto any that is nearer unto your Lordship shall be concurrent say then that I am a most dishonest Man And if your Lordship will not carry me on I will not doe as Anaxagoras did who reduced himself with Contemplation unto voluntary poverty But this I will doe I will sell the Inheritance that I have and purchase some Lease of quick Revenew or some Office of Gain that shall be executed by Deputy and so give over all Care of Service and become some sorry Book-maker or a true Pioner in that Mine of Truth which he said lay so deep This which I have writ unto your Lordship is rather Thoughts than Words being set down without all Art Disguizing or Reservation Wherein I have done honour both to your Lordships Wisdom in judging that that will be best believed of your Lordshipâ— which is truest And to your Lordships good Nature in retaining nothing from you And even so I wish your Lordship all Happiness and to my Self Means and Occasion to be added to my faithfull desire to doe you Service From my Lodging at Grays Inne To the Lord Treasurer Burghley My singular good Lord YOur Lordships comfortable Relation of her Majesties gracious Opinion and Meaning towards me though at that time your leisure gave me not leave to shew how I was affected therewith yet upon every Representation thereof it entreth and striketh more deeply into me as both my Nature and Duty presseth me to return some Speach of Thankfulness It must be an exceeding Comfort and Encouragement to me setting forth and putting my Self in way towards her Majesties service to encounter with an Example so private and domestical of her Majesties gracious Goodness and Benignity Being made good and verified in my Father so far forth as it extendeth to his Posterity Accepting them as commended by his service during the Nonage as I may term it of their own Deserts I for my part am very well content that I take least part either of his Abilities of Minde or of his Wordly Advancement Both which he held and received the one of the Gift of God immediately the other of her Majesties Gift Yet in the loyal and earnest Affection which he bare to her Majesties Service I trust my portion shall not be with the least nor in proportion with the youngest Birth For methinks his President should be a silent charge upon his Blessing unto us all in our Degrees to follow him afar off and to dedicate unto her Majesties Service both the use and spending of our Lives True it is that I must needs acknowledge my self prepared and furnished thereunto with nothing but with a Multitude of Lacks Imperfections But calling to mind how diversely and in what particular providence God hath declared himself to tender the State of her Majesties Affairs I conceive and gather hope that those whom he hath in a manner prest for her Majesties Service by working and imprinting in
them a single and zealous minde to bestow their duties therein He will see them accordingly appointed of Sufficiency convenient for the Rank and Standing where they shall be employed So as under this her Majesties Blessing I trust to receive a larger allowance of Gods Graces And as I may hope for this so I can assure and promise for my Endeavour that it shall not be in fault But what Diligence can entitle me unto that I doubt not to recover And now seeing it hath pleased her Majesty to take knowledge of this my Mind and to vouchsafe to appropriate me unto her Service preventing any desert of mine with her Princely liberality First I am humbly to beseech your Lordship to present to her Majesty my more than humble Thanks for the same And withall having regard to mine own unworthiness to receive such Favour And to the small possibility in me to satisfie and answer what her Majesty conceiveth I am moved to become a most humble Suter to her Majesty that this Benefit also may be aâ—fixed unto the other which is That if there appear in me no such Towardness of Service as it may be her Majesty doth benignly value and assess me at by reason of my sundry wants and the disadvantage of my Nature being unapt to lay forth the Simple Store of those inferiour Gifts which God hath allotted unto me most to view yet that it would please her Excellent Majesty not to account my Thankfulness the less for that my Disability is great to shew it But to sustain me in her Majesties gracious opinion whereupon I onely rest and not upon any expectation of Desert to proceed from my Self towards the Contentment thereof But if it shall please God to send forth an occasion whereby my faithfull Affection may be tryed I trust it shall save me labour for ever making more protestation of it hereafter In the mean time howsoever it be not made known to her Majesty yet God knoweth it through the daily sollicitations wherewith I address my self unto him in unfeigned prayer for the Multiplying of her Majesties prosperities To your Lordship also whose Recommendation I know right well hath been material to advance her Majesties good opinion of me I can be but a bounden Servant So much may I safely premise and purpose to be seeing publick and private Bonds vary not but that my Service to her Majesty and your Lordship draw in a Line I wish therefore to shew it with as good proof as I can say it in good faith c. Your Lordships c. To Sir Robert Cecil It may please your good Honour I Am apt enough to contemn Mendacia Famae yet it is with this Distinction As Fame walks among Inferiours and not as it hath Entrance into some Ears And yet nevertheless in that kinde also I intend to avoid a suspicious silence but not to make any base Apology It is blown about the Town that I should give opinion touching my Lord of Essex Cause First that it was a Praemunire And now last that it reached to High Treason And this Opinion should be given in opposition to the Opinion of the Lord Chief Iustice and of Mr. Atturney General Sir I thank God whatsoever Opinion my Head serveth me to deliver to her Majesty being asked My Heart serveth me to maintain the same honest Duty directing me and assisting me But the utter untruth of this Report God and the Queen can witness And the Improbability of it every Man that hath Wit more or lesse can conceive The Root of this I discern to beâ— not so much a light and humorous Envy at my Accesses to her Majesty which of her Majesties grace being begun in my first years I would be sorry she should estraunge in my last years For so I account them reckoning by Health not by Age As a deep Malice to your Honourable Self upon whom by me through nearness they think to make some Aspersion But as I know no Remedy against Libels and Lies So I hope it shall make no manner of Disseverance of your Honourable good Conceits and Affection towards me which is the Thing I confesse to fear For as for any violence to be offered to me wherewith my Friends tell me to no small terrour that I am threatned I thank God I have the privy Coat of a good Conscience And have a good while since put off any fearfull care of Life or the Accidents of Life So desiring to be preserved in your gooâ— Opinion I remain To the Queen It may please your most excellent Majesty I Presume according to the Ceremony and good manner of the Time and my accustomed Duty in all Humblenesse to present your Majesty with a simple Gift Almost as farre from answering my Mind as sorting with your Greatnesse And therewith wish that we may continue to reckon on and ever your Majesties happy yeares of Reign And they that reckon upon any other Hopes I would they mought reckon short and to their Cost And so craving pardon most humbly I commend your Majesty to the preservation of the Divine Goodnesse To the Queen It may please your most excellent Majesty I Most humbly entreat your Majesty not to impute my absence to any weaknesse of mind or unworthinesse But I assure your Majesty I do find Envy beating so strongly upon me standing as I do if this be to stand as it were not Strength of Mind but Stupidity if I should not decline the Occasions Except I could doe your Majesty more Service than I can any wayes discern that I am able to doe My Course towards your Majesty God is my witnesse hath been pure and unleavened And never poor Gentleman as I am perswaded had a deeper and truer desire and care of your glory your safety your Repose of Mind your service VVherein if I have exceeded my outward vocation I most humbly crave your Majesties pardon for my presumption On the other side if I have come short of my inward vocation I most humbly crave Gods pardon for quenching the Spirit But in this mind I find such solitude and want of comfort which I judge to be because I take Duty too exactly and not according to the Dreggs of this Age wherein the old Antheme mought never be more truly sung Totus mundus in maligno positus est My Life hath been threatned and my Name libelled which I count an Honor. But these are the practices of those whose despairs are dangerous But yet not so dangerous as their Hopes Or else the Devices of some that would put out all your Majesties lights and fall on reckoning how many years you have reigned which I beseech our blessed Saviour may be doubled And that I may never live to see any Eclipse of your glory Interruption of safety or Indisposition of your person which I commend to the Divine Majesty who keep you and fortifie you To my Lord Hen. Howard My Lord THere be very few besides your self to whom
I would perform this Respect For I contemn Mendacia Famae as it walkes among Inferiours Though I neglect it not as it may have entrance into some Eare. For your Lordships Love rooted upon good opinion I esteem it highly because I have tasted of the Fruits of it And we both have tasted of the best waters in my accompt to knit minds together There is shaped a Tale in Londons Forge that beateth apace at this time That I should deliver opinion to the Queeâ— in my Lord of Essex cause First that it was premunire And now last that it was High Treason And this opinion to be in opposition and Encounter of the Lord chief Iustices Opinion and the Atturney Generalls My Lord I thank God my wit serveth me not to deliver any Opinion to the Qeen which my Stomach serveth me not to maintain One and the same Conscience of Duty guiding me and fortifying me But the untruth oâ— this Fable God and my Soveraign can witnesse And there I leave it Knowing no more Remedy against lies than others doe against libells The Root no question of it is partly some light-headed Envy at my Accesses to her Majesty Which being begun and continued since my childhood as long as her Majesty shall think me worthy of them I scorn those that shall think the contrary And another Reason is the Aspersion of this Tale And the Envy thereof upon some greatâ—r Man in regard of my Nearnesse And therefore my Lord I pray you answâ—r for me to any person that you think worthy your own Reply and my defence For my Lord of Essex I am not servile to him having regard to my â—uperiours Duty I have been much bound unto him And on the other side I have spent more time and more thoughts about his well-doing than I ever did about mine own I pray God you his Friends amongst you be in the right Nulla Remedia tam faciunt dolorem quam quae sunt salutaria For my part I have deserved better than to have my Name objected to Envy or my Life to a Ruffians violence But I have the privy Coat of a good Conscience I am sure these Courses and Bruits hurt my Lord more than all So having written to your Lordship I desire exceedingly to be preferred in your good Opinion and Love And so leave you to Gods Goodnesse The Earl of Essex Letter to the Councill at his Embarquing for Spain Iune 1596. My very good Lords HAving taken order for all things that belong to our Land-Forces And staying onely till the Shipps be ready to take in our Souldiers I am come aboard as well to draw other Men by my example to leave the shore As to have time and leasure to ask account of my self what other duty I have to do besides the Governing of those Troups And the using of them to good purpose In which Meditation as I first study to please my most gracious Soveraign as well as to serve her So my next care is to leave your Lordships well satisfied of my passed Carriage since I was nominated to this Service And apt to make favourable Construction of what I shall do hereafter In my past Carriage I will neither plead Merit nor Excuse Imperfections For whatsoever I shall be able to do I know is lesse than I owe And besides my Faults my very Faith and Zeal which are the best things in me do make me commit Errours But I would fain approve the Matter it self of undertaking this service to have been good howsoever my former have been erroneous Or at least my Intent and Ends unblameable though my Judgement were faulty Your Lordships know it hath been the Wisedome of all Times rather to attempt and do something in another Countrey than to attend an Enemy and be in danger much in our own And if this Rule among the Ancients was generally held true it might be better allowed of us in particular cases where a State little in Territory not extraordinarily rich and defended onely with it self shall have to doe with another State that hath Many and ample Dominions the Treasure of the Indies and all the Mercenaries of Christendome to serve it For we have as the Athenians had with the auncient usurping Philip Praelium Facile Bellum Difficile Therefore it is our Disadvantage to draw the Warr into Length And if any Man in this Kingdom should be allowed to perswade to prevention he might be one that saw the Spaniard at home apprehend an Invasion with greater Terrour than he makes it abroad And that was a Witness how an Handfull of Men neither armed victualled nor ordered as they should be landed marched and had done what they listed if either the Ships had come up or they had had any provisions to make a Hole in a Wall or to break open a Gate But though the Counsel be good for some States and for ours at some times yet the Opportunities ought to be watched and it must appear that this it is which is now taken The Opportunity for such Service I take to be when either the Enemy May receive the most hurt Or when he is likeliest to attempt against us if he be not empeached The Hurt that our Estate should seek to doe him is To intercept his Treasure whereby we shall cut his Sinnews and make Warr upon him with his own Money And to beat or at least discontinew him from the Sea whereby her Majesty shall be both secured from his Invasions and become Mistris of the Sea which is the Greatness that the Queen of an Island should most aspire unto In matter of Profit we may this Journey most hurt him and benefit our Selves Since he hath as is agreed on by all Men more Caracks to come home now than ever any year before Besides many good Advantages which will be offered if we command the Coast. And to give him a Blow and discountenance him by Sea now is the Time when he hath declared his Ambition to command the Seas And yet so divided his Fleets Some appointed to be set out and yet scant in readiness others upon point of Comming home and not fit to defend themselves if either they be met at Sea or found in Harbour And all so dispersed in several places as if at any time we might doe good that way it is now And whether he will make Warr upon us if we let him alone Let his Sollicitations Offers and Gifts to the Rebells of Ireland His besieging and winning of Calais and those parts of France that front upon us And his strengthening himself by Sea by so many means Let these things I say tell us So as if we will at any time allow the Counsel of prevention to be reasonable we must now confess it to be opportune But whatsoever the Counsel were I am not to be charged with it For as I was not the Contriver nor Offerer of the Project so if I had refused to joyn with him that did
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
not so much be expended but that it might easily be born And the Place being well chosen and the Warr well conducted in a short time there would not onely arise enough to pay the Charge But great Profit to her Majesty and wealth to our Countrey would grow from the place that should be held For in a short time a great part of the Golden Indian Stream might be turned from Spain to England And her Majesty be made to give Law to all the World by Sea without her Charge Besides this fearfull Enemy which is now a Terrour to all Christendome should be so weakened in Strength Reputation and Purse as her Majesty should for ever after have an easie Enâ—my of him It may be your Lordships will desire to know the Place that should be attempted The Meanes first to take it then to hold it The Commodity or Advantage that might grow to this Estate by it But that with your Lordships leave shall be reserved till my Next This is onely to beseech you for our dear Sovereigns sake for the Glory and Wellfare of Her and her Estate that you will think upon this generall Proposition And if your Lordships find it reasonable that you will move it to the Queen By whom if I be commanded to set down the Hypothesis or to descend unto particulars I will offer my Project with this Condition that if I advise any Thing that the Counsell of Warr shall think dangerous it may be rejected Or if my self be Actour in any Thing belonging to this Project wherein her Majesty receives dishonour that I may answer it with my Life And yet your Lordships know I am matched with those in whom I have no particular Interest But I must attribute their Assenting to me to my good happ to take the better part In my Lord with whom I am joyned I find so much Honour and Service as I doubt not but our Unity in Affection will make an Unity in Counsell Action and Government I have troubled your Lordships with a tedious Letter begun in a Day of Leasure and finished in the midst of our troublesome Businesse I pray your Lordships pardon the Errours in it And keep so honourable an Opinion of me as I be not condemned by you upon any Complaints Advertisements or Reports till I have given answer to them For as the Nature of my Place is subject to Envy and Detraction So a little Body full of sharp Humours is hardliest kept in Temper And all the discontented Humours of an Army do make their greatest Quarrell to him that commands the Army Not so much for his Faults as for because he bridles theirs And so commending your good Lordships to Gods Divine protection I rest At your Lordships commandment Robert Essex To my Lord of Essex from Mr. Baconâ— My singular good Lord I Will no longer dissever part of that which I meant to have said to your Lordship at Barâ—helmes from the Exordium which I then made Whereunto I will onely adde this That I humbly desire your Lordship before you give accesse to my poor Advice to look about even jealously a little if you will and to consider First whether I have not reason to think that your Fortune comprehendeth mine Next whether I shift my Counsell and doe not constare â—ihi For I am perswaded there are some would give you the same Counsell now which I shall but that they should derogate from that which they have said heretofore Thirdly whether you have taken hurt at any time by my carefull and Devoted Counsell For although I remember well your Lordship once told me that you having submitted upon my well-meant Motion at Nonsuch the place where you renewed a Treaty with her Majesty of obsâ—quious kindnesse she had taken advantage of it yet I suppose you do siâ—ce believe that it did much attempâ—r a cold Malignant Humour then growing upon her Majesty toward your Lordship and hath done you good in consequence And for my being against it now lately that you should not estrange your self although I give place to none in true Gratulation Yet neither do I repent me of saâ—e Counsell Neither do I judge of the whole Play by the First Act. But whether I counsell you the best or for the best Duty bindeth me to offer to you my wishes I said to your Lordship last time Martha Martha attendis ad plurima unum sufficit Winne the Queen If this be not the Beginning of any other Course I see no end And I will not now speak of Favour of Affection but of other Correspondence and Agreeablenâ—sse which whensoever it shall be conjoyned with tâ—e other of Affection I durst wagâ—r my life let them make what Prosopopaeas they will of her Majesties Nature That in you she will come to the Question of Quid fiet Homini quem Rex vult honorare But how is it now A Man of a Nature not to be ruled That hath the Advantage oâ— my Affection and knoweth it Of an Estate not grounded to his Greatnesse Of a popular Reputation Of a Military Dependance I demand whether there can be a more dangerous Image than this represented to any Monarch living Much more to a Lady and of her Majesties Apprehension And is it not more evident than Demonstration it self that whilest this Impression continueth in her Majesties Breast you can finde no other Condition than Inventions to keep your Estate bare and low Crossing and Disgracing your Actions Extenuating and Blasting of your Merit Carping with Contempt at your Nature and Fashions Breeding nourishing and fortifying such Instruments as are most Factious against you Repulses and Scorns of your Friends and Dependants that are true and stedfast winning and inveigling away from you such as are Flexible and wavering Thrusting you into odious Employments and Offices to supplant your Reputation Abusing you and Feeding you with Dalliances and Demonstrations to divert you from Descending into the serious Consideration of your own Case yea and percase Ventring you in perillous and desperate Enterprises Herein it may please your Lordship to understand me For I mean nothâ—ng less than that these Things should be plotted and intended as in her Majesties Royal Minde towards you I know the Excellency of her Nature too well But I say wheresoever the formerly described Impression is taken in any Kings Breast towards a Subject these other recited Inconveniences must of necessity of politick consequence follow In respect of such Instruments as are never failing about Princes which spy into their Humours and Conceits and second them And not only second them but in seconding encrease them Yea and many times without their knowledge pursue them further than Themselves would Your Lordship will ask the Question wherewith the Athenians were wont to interrupt their Oratours when they exaggerated their dangers Quid igitur agendum est I will tell your Lordship Quae mihi nunc in mentem veniunt Supposing nevertheless that your Self out of your own Wiâ—dom upon
the case with this Plainness and Liberty represented to youâ— will finde out better Expedients and Remedies I wish a Cure applied to every of the five former Impressions which I will take not in order but as I think they are of weight For the removing the Impression of your Nature to be Opiniastre and not Rulable First and above all things I wish that all Matters past which cannot be revoked your Lordship would turn altogether upon Insatisfaction and not upon your Nature or proper Disposition This String you cannot upon every apt occasion harp upon too much Next whereas I have noted you to fly and avoid in some respect justly the Resemblance or Imitation of my Lord of Leicester and my Lord Chanceller Hatton yet I am perswaded howsoever I wish your Lordship as distant as you are from them in Points of Favour Integrity Magnanimity and Merit That it will doe you much good between the Queen and you to allege them as oft as you finde occasion for Authours and Patterns For I doe not know a readier mean to make her Majesty think you are in your right way Thirdly when at any time your Lordship upon occasion happen in Speeches to doe her Majesty right for there is no such Matter as Flattery amongst you all I fear you handle it Magis in speciem adornatis verbis quam ut sentire videaris So that a Man may read Formality in your Countenance Whereas your Lordship should doe it familiarly Et oratione fidà Fourthly your Lordship should never be without some Particulars afoot which you should seem to pursue with Earnestness and Affection And then let them fall upon taking Knowledge of her Majesties Opposition and Dislike Of which the weightiest Sort may be if your Lordship offer to labour in the behalf of some that you favour for some of the Places now voyd Chusing such a Subject as you think hâ—r Majesty is like to oppose unto And if you will say that this is Conjunctum cum alienâ Injurià I will not answer Haec non aliter constabunt But I say Commendation from so good a Mouth doth not hurt a Man though you prevail not A less weighty Sort of Particulars may be the Pretence of some Iourneys which at her Majesties request your Lordship mought relinquish As if you would pretend a Iourney to see your Living and Estate towards Wales or the like For as for great Forein Iourneys of Employment and Service it standeth not with your Gravity to play or Stratageme with them And the lightest sort of particulars which yet are not to be neglected are in your Habits Apparel Wearings Gestures and the like The Impression of greatest prejudice next is that of a Militar Dependance VVherein I cannot sufficiently wonder at your Lordships course That you say the Warrs are your Occupation And goe on in that course Whereas if I mought have advised your Lordship you should have left that Person at Plimmouth More than when in Counsell or in commending fit persons for service for Warrs it had been in season And here my Lord I pray mistake me not I am not to play now the Part of a Gown-man that would frame you best to mine own turn I know what I owe you I am infinitely glad of this last Iourney now it is past The rather because you may make so Honourable a full Point for a time You have Property good enough in that Greatness There is none can of many years ascend near you in competition Besides the Disposing of the Places and Affairs both concerning the Warrs you encreasing in other Greatness will of themselves flow to you which will preserve that Dependance in full measure It is a Thing that of all Things I would have you retain the Times considered And the Necessity of the Service for other reason I know none But I say Keep it in Substance but abolish it in shewes to the Queen For her Maiesty loveth Peace Next she loveth not Charge Thirdly that kinde of Dependance maketh a Suspected Greatness Therefore Quod instat agamus Let that be a sleeping Honour a while And cure the Queens mind in that point Therefore again whereas I heard your Lordships designing to your self the Earl Marshals place or the place of Master of the Ordnance I did not in my mind so well like of either Because of their Affinity with a Martiall Greatnesse But of the Places now void in my Judgement and discretion I would name you to the place of Lord Privy Seal For first it is the Third Person of the great Officers of the Crown Next it hath a kind of Super-Intendence over the Secretary It hath also an Affinity with the Court of Wards in regard of the Fees from the Liveries And it is a fine Honour quiet place and worth a Thousand pounds by year And my Lord Admiralls Father had it who was a Martiall Man And it fits a Favourite to carry her Majesties Image in Seal who beareth it best expressed in Heart But my chief Reason is that which I first alleged to divert her Majesty from this Impression of a Martiall Greatnesse In concurrence whereof If your Lordship shall remit any thing of your former diligence at the Starr-chamber If you shall continue such Intelligences as are worth the cherishing If you shall pretend to be as Bookish and Contemplative as ever you were All these Courses have both their Advantages and uses in themselves otherwise and serve exceeding aptly to this purpose Whereunto I add one Expedient more stronger than all the rest And for mine own confident Opinion void of any prejudice or danger of Diminution of your Greatnesse And that is the Bringing in of some Martiall Man to be of the Councill Dealing directly with her Majesty in it as for her Service and your better assistance Chusing neverthelesse some Person that may be known not to come in against you by any former Division I judge the fittest to be my Lord Mount-joy or my Lord Willoughby And if your Lordship see deeplier into it than I do that you would not have it done in effect Yet in my Opinion you may serve your turn by the pretence of it and stay it neverthelesse The Third Impression is of a Popular Reputation which because it is a Thing good in it self being obtained as your Lordship obtaineth it that is Bonis artibus And besides Well governed is one of the best Flowers of your Greatnesse both present and to come It would be handled tenderly The onely way is to quench it Verbis and not Rebus And therefore to take all Occasions to the Queen to speak against Popularity and Popular Courses vehemently And to taxe it in all others But neverthelesse to go on in your Honourable Common-wealth Courses as you do And therefore I will not advise you to cure this by dealing in Monopolies or any Oppressions Onely if in Parliament your Lordship be forward for Treasure in respect of the Warrs it becommeth your
Lordship shall engage your Self for no Impossibility Lastly and chiefly I know not whether I shall attain to see your Lordship before your Noble Iourney For Ceremonies are Things infinitely inferiour to my Love and to my Zeal This let me with your allowance say unto you by Penn. It is true that in my well-meaning Advices out of my love to your Lordship and perhaps out of the State of mine own minde I have sometimes perswaded a Course differing Ac tibi pro tutis insignia Facta placebunt Be it so yet remember that the Signing of your Name is nothing unless it be to some good Patent or Charter whereby your Country may be endowed with Good and Benefit Which I speak both to move you to preserve your Person for further Merit and Service of her Majesty and your Country And likewise to referr this Action to the same end And so in most true and fervent prayers I commend your Lordship and your Work in â—and to the Preservation and Conduct of the Divine Majesty So much the more watchfull as these Actions doe more manifestly in shew though alike in Truth depend upon his Divine Providence To my Lord of Canterbury It may please your Grace I Have considered the Objections perused the Statutes and framed the Alterations Which I send Still keeping my self within the Brevity of a Letter and Form of a Narration Not entring into a Form of Argument or Dispuâ—ation For in my poor Conceit it is somewhat against the Majesty of Princes Actions to make too curious and striving Apologies But rather to set them forth plainly And so as there may appear an Harmony and Constancy in them so that one part upholdeth another And so I wish your Grace all prosperity From my poor Lodging this c. Your Graces most dutifull Pupil and Servant To my Lord of Essex My singular good Lord THe Message it pleased your Lordship to send me was to me delivered doubtfully Whether your Lordship said you would speak with me at the Starr-chamber or with Mr. Philip. If with me it is needless For Gratitude imposeth upon me Satisfaction If with Mr. Philipp it will be too late Because somewhat must perchance be done that day This Doubt not solved maketh me Write again The rather becauseâ— I did liberally but yet privately affirm your Lordship would write Which if I make not good it may be a Discouragement Your Lordships letter though it have the Subject of Honour and Justice yet it shall have the Secrecy of a Thing done upon Affection I shall ever in a firm duty submit my Occasions though great to your Lordships Respects though small And this is my Resolution That when your Lordship doth for me you shall encrease my Obligation When you refuse to doe for me you shall encrease my Merit So leaving the Matter wholly to your Lordships pleasure I commend your Lordship to the preservation of the Divine Majesty From Graies Inn. Your Lordships ever most humbly bounden A CONFESSION OF THE FAITH WRITTEN By the Right Honourable FRANCIS BACON BARON of VERVLAM VISCOVNT St. ALBAN LONDON Printed by F. Leach for William Lee at the sign of the Turks-Head in Fleetstreet 1657. A CONFESSION OF THE FAITH WRITTEN By the Right Honourable FRANCIS BACON Baron of VERULAM c. I Believe that Nothing is without beginning but God No Nature no Matter no Spirit but one onely and the same God That God as he is Eternally Almighty Onely Wise Onely Good in his Nature So he is Eternally Father Sonne and Spirit in Persons I believe that God is so Holy Pure and Iealous as it is impossible for him to be pleased in any Creature though the Work of his own Hands So that neither Angel Man nor World could stand or can stand one Moment in his Eyes without beholding the same in the Face of a Mediatour And therefore that before Him with whom all Things are present the Lamb of God was slain before all Worlds Without which eternall Counsell of his it was impossible for Him to have descended to any Work of Creation But He should have enjoyed the Blessed and Individuall Society of three Persons in Godhead onely for ever But that out of his Eternall and infinite Goodnesse and Love purposing to become a Creatour and to communicate to his Creatures He ordained in his Eternall Counsell that one Person of the Godhead should be united to one Nature and to one Particular of his Creatures That so in the Person of the Mediatour the true Ladder mought be fixed whereby God mought descend to his Creatures and his Creatures mought ascend to God So that God by the Reconcilement of the Mediatour turning his Countenance towards his Creatures though not in â—quall Light and Degree made way unto the Dispensation of his most holy and secret Will whereby some of his Creatures mought stand and keep their state Others mought possibly fall and be restored And othâ—rs mought fall and not be restored in their Estate but yet remain in Being though under Wrath and Corruption All with Respect to the Mediatour VVhich is the great Mystery and perfect Center of all Gods wayes with his Creatures And unto which all his other Works and Wonders doe but serve and refâ—rr That he chose according to his good pleasure Man to be that Creature to whose Nature the Person of the Eternall Son of God should be united And amongst the Generations of Men elected a small Flock in whom by the Participation of Himself He purposed to expresse the Riches of his Glory All the Ministration of Angels Damnation of Devils and Reprobates and Universall Administration of all Creatures and Dispensation of all Times having no other End but as the VVayes and Ambages of God to be furthâ—r glorified in his Saints who are one with their Head the Mediatour who is one with God That by the Vertue of this his Eternall Counsell He condescended of his own good pleasure and according to the Times and Seasons to himself known to become a Creatour And by his eternall Word created all things And by his eternall Spirit doth comfort and preserve thâ—m That he made all things in their first Estate Good And removed from himself the Beginning of all Evil and Vanity into the Liberty of the Creature But resâ—rved in himself the Beginning of all Restitution to the Liberty of his Grace Using neverthelesse and turning the Falling and Defection of the Creature which to his Prescâ—ence was eternally known to make way to his eternall Counsell touching a Mediatour and the VVork he purposed to accomplish in Him That God created Spirits whereof some kept their standing and others fell He created Heaven and Earth and all their Armies and Genâ—rations And gave unto them constant and everlasting Lawes which we call Nature which is nothing but the Lawes of the Creation which Lawes neverthelesse have had three Changes or Times and are to have a Fourth or Last The First when the Matter of Heaven and Earth