Attorneys place p. 20. Sir Francis Bacon to Sir George Cary in France upon sending him his Writing In foelicem memoriam Elizabethae p. 21. A Letter to Sir George Villiers touching the difference between the Courts of Chancery and Kings Bench. p. 22. Sir Francis Bacon to the King concerning the Praemunire in the Kings Bench against the Chancery p. 23. A Letter to the King touching matter of Revenue and Profit p. 27. Sir Francis Bacon the Kings Attorney to the King touching the proceeding with Somerset p. 28. Sir Francis Bacon the Kings Attorney to Sir George Villiers concerning the proceeding with Somerset p. 30. Sir Francis Bacon the Kings Attorney giving account of an Examination taken of Somerset at the Tower p. 32. Sir Francis Bacon the Kings Attorney to Sir George Villiers touching the proceeding with Somerset p. 34. Sir Francis Bacon the Kings Attorney to Sir George Villiers of Account and Advice to His Majesty touching Somerset's Arraignment p. 35. Sir Francis Bacon the Kings Attorney and some great Lords Commissioners concerning the perswasion used to the Lord of Somerset to a frank Consession p. 36. Sir Francis Bacon to the King upon some inclination of His Majesty signified to him for the Chancellors place p. 38. Sir Francis Bacon the Kings Attorney returned with Postils of the Kings own Hand p. 39. The Copy of a Letter conceived to be written to the late Duke of Buckingham when he first became a Favourite to King James by Sir Francis Bacon afterwards Lord Verulam and Viscount St. Alban Containing some Advices to the Duke for his better direction in that eminent place of the Favourite Drawn from him at the intreaty of the Duke himself by much importunity p. 43. Sir Francis Bacon to Sir George Villiers of Advice concerning Ireland from Gorambury to Windsor p. 67. Sir Francis Bacon the Kings Attorney General to the Master of the Horse upon the sending of his Bill for Viscount sc. p. 69. Sir Francis Bacon to Sir George Villiers upon the sending his Pattent for Uiscount Villiers to be Signed p. 70. Sir Francis Bacon to the King about a Certificate of my Lord Coke's p. 72. A Letter to the King touching the Lord Chancellors place ibid. A Letter to the King of my Lord Chancellors amendment and the difference begun between the Chancery and Kings Bench. p. 75. Sir Francis Bacon the Kings Attorney to the King giving some account touching the Commendams p. 76. Sir Francis Bacon his Advertisement touching an Holy War to the Right Reverend Father in God Lancelot Andrews Lord Bishop of Winchester and Councellor of Estate to His Majesty p. 78. Sir Francis Bacon to the King about the Pardon of the Parliaments Sentence p. 81. Sir Francis Bacon to King James of a Digest to be made of the Laws of England p. 82. Sir Francis Bacon to the Right Honourabl◠〈◊〉 very good Lord the Earl of Devonshire Lord Lieutenant of 〈◊〉 p. 87. A Discourse touching Helps for the intellectual Powers by Sir Francis Bacon p. 97. Sir Francis Bacon to the King p. 101. C. Certain Copies of Letters written by Sir William Cecil Knight Secretary of Estate to Queen Elizabeth to Sir Henry Norris Knight Ambassador for the said Queen Resident in France Beginning the 10th of February 1566. and ending the 26th of September 15â—0 p. 105. The Lord Coke to King James touching trial of Duels out of England p. 193. H. The History of the Reign of King Henry the Eighth King Edward the Sixth Queen Mary and part of the Reign of Queen Elizabeth p. 194. I. A Copy of a Letter from His Majesty to the Lords read at Board Nov. 21. 1617. touching the abatement of His Majesties Houshold Charge p. 198. A Copy of His Majesties second Letter p. 199. A Letter from the King to his Lordship by occasion of a Book It was the Organon p. 200. To Our Trusty and Well-beloved Thomas Coventry Our Attorney-General ibid. S. A Letter written by Sir Philip Sidney unto Queen Elizabeth touching her Marriage with Mounsieur p. 201. My Lord Sanquir 's Case p. 209. My Lady Shrewsburies Case p. 212. T. Sir Nicholas Throckmorton then Ambassador in France to Queen Elizabeth touching a free Passage for the Queen of Scots through England into Scotland p. 214. Books Printed for and sold by G. Bedell and T. Collins Folio's Compleat AMBASSADOR Letters and Negotiations of the Lord Burleigh and Sir Francis Walsingham in the Reign of Queen Elizabeth Collected by Sir Dudly Diggs Bishop Andrews Sermons Halls Politicks Lord Bacons History of King Henry 7th * D'Avila's Civil Wars of France * Bishop Ushers Annals of the World * Titus Livius Roman History in English * Dr. Hammond on the New Testament * Paraphrase on the Psalms * Howe 's Chronicle of England * Lord Hobarts Reports with a large Table by Sir H. Finch * Bulstrodes Reports in Three Parts * Crooks Reports in Three Volumes * Lord Cooks Pleadings in English * Wingats Maxims of the Law * Styles Reports * Leonards Reports Second Part. Quarto's Mountagues Essayes Sennault's Christian Man Potters Number of the Beast 666. Grand Seignieurs Seuaglio Ross against Coparnicus touching the Earths motion French Letters touching His Majesties stedfastness in the Protestant Religion in French and English Character of CHARLES II. Articles or Treaty of Peace betwixt France and Spain Discourse for a King and Parliament Fumi Fugium A Discourse of the Air and Smoak of London by John Evelin Esq Lord Cooks Reading and Denshalls Reading on the Statute of Fines The Judges Arguments on the Liberty of the Subject Three Readings on Wills Jointures and forcible Entry Mr. Durhams Assize Sermon Dr. Thomas his Assize Sermon Playes * D'avenant's Wits * Platonick Lovers * Faithful Shepherdess by Fletcher Marriage of the Arts by Barten Hollyday The Bastard A Tragedy The Martyr A Tragedy The Just General Horratius in English A Tragedy Michaelmas Term. Combate of Love and Friendship Octavo's Gosses Tragedies Lucretius in Latine and English Faushawes La Fida Pastora Duke of Rohans Memoires and Discourses English Hyppolito Isabella Three Romances The Nuptial Lover Triumphant Lady Waterhouse his Apology for Learning Idem His Divine Tracts Idem His Discourse of Arms and Armory Botelers Sermons Compleat on several Subjects Instructions for a Library by Naudeus English Reliquiae Carolinae Dr. Taylors Offices or Liturgy Sheppard of Courts Of Corporations Lambords Archeion White of the Laws Parsons Law the last Edition Claytons Reports Fleetwoods Justice Stones Reading on the Statute of Bankrupts Wingats Body of the Law Noyes Maxims D'avenport's Abridgment of Cook on Littleton Abridgement of Acts. Twelves Compleat Justice Davis's Abridgement of Cooks Reports Tylenus Second Part against Baxter Jacksons Evangelical Temper Of Liberty and Servitude Haywards Edward 6th St. Chrysostom of Education Guuton of External Worship Supplementum Lucani per May. Thuan's Politick Maxims Mayerns Experiments Dr. Stuarts Sermons Ladies Cabinet Gees steps in four and twenties SIR FRANCIS BACON'S Letters c.
principal devisers thereof and if this be not true spir at Gilbert Bafour There were also words added which I am loth to report that touched the Queen of Scots which I hold best to be supprest Further such persons anointed are not to be thought ill of without manifest proof The next day following a second Proclamation was made repeating the former Bill willing the party to subscribe his name and he should be pardoned and have the money according to the first Proclamation The next day being the nineteenth of February a second Bill was set up in the former place offering to compear and avow the matter so as the money might be put into indifferent hands and that Sir Francis Bastine Joseph and Moses Mishe be taken and then he the exhibitor of the Bill would avow the whole matter and declare every mans act Thus far things passed till that day and since that I hear that much unquietness is like to grow about that matter and the common speech toucheth the Earles Bothwell and Huntly who remain with the Queen but how true the accusations are I will not take upon me to affirm the one or the other neither would I have you to utter any of these things to make condemnation of any of them but as reports not doubting but shortly God will cause the truth to be revealed There do adhere together with the Earl of Lenox the Earles of Argile Morton Athell Morrey Catness and Glencarne who mean to be at Edenburgh very shortly as they pretend to search out the malefactors Of late you wrote unto me of one King an Euglishman who doth misuse himself very much of whom if you would write unto me somewhat more particularly for the proof his Traiterous speeches whereby there might be some good ground made how to have him demanded you shall hear more thereof and so shall percase by the next though I do not hear from you and so fare you heartily well Yours assuredly W. Cecil Westm. 5. March 1566. Postscript Because I have not presently leisure to write to Mr. Man Ambassador in Spain I pray you to let him understand of such advertisments as I send you and such other things as you shall think meet And to convey the letters by the Spanish Ambassadors means Resident there in that Court To the Right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR I wrote of late to you that Sir Thomas Smith should come shortly thither but I think he shall not be there now so speedily as was meant for he shall first secretly pass over to Callis to be there the 3. April to demand the Town not that we think the Governour will deliver it But to avoid all Cavillation which they might invent for by Law it must be demanded at the very place and being not delivered the sum of five hundred thousand pounds is forfeited Master Winter shall pass secretly with him to take possession thereof if they shall deceive our expectation but not past three of the Council knoweth of Winters going The common fame in Scotland continueth upon the Earl Bothwell to be the principal Murtherer of the King and the Queens name is not well spoken of God amend all that is amiss We heard before your writing of the French attempt for the Prince We have no news but all well here the matters of Flanders go very hard for the Protestants and if God do not provide for their safety I look for their ruine I heard this day that Danvile should be slain fare you well Yours assuredly W. Cecil Westm. 21. March 1566. To the Right Honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR BY the Queens Majesties letters and by this bearer you shall understand how earnestly her Majesty is inclined to help the Count Rocandolse and since the writing of her Majesties letters she hath commanded me that you should make it a principal part of your request to the King and the Queen mother that considering the Count is a stranger born and is of the Order of France that his cause might be heard and ordered by the King and the others of the same order and to that end you shall prosecute your request that the whole cause may be removed from the Court of Parliament at Paris wherein her Majesty would have you by all good means to persist as in a request that of it self is honorable and sometimes as she thinketh usual At the least such as if any the like person being a stranger in her Realm and being honored with the Order of the Garter if he would require to have his causes wherein his life or honor were touched to be heard by her Majesty and her Knights of her Order he should not be denyed nor should be by any other Judges molested Thus I report to you her Majesties good pleasure and thereto do add my poor private request to beseech you not to be weary in the prosecution of this suit Yours assuredly W. Cecil Westm. 9. March 1567. To the Right Honorable Sir Henry Norris Knight Her Majesties Ambassador Resident in France SIR YEsterday Mr. Smiths Son arrived with some Letters from you and him containing your troublesome negotiation whereof we hear thought very long He saith he was constrained to tarry six days at Hull and that his Father would be here this night you shall hereafter hear of some ill news out of Ireland and though it be not of great moment thanks be to God yet by report of ill friends they wil be amplified Indeed the 21. of April a Fire happened in a little Fort upon the Sea side at a place called the Dirrye which Mr. Randolphe first took in such sort as the houses being all covered with Straw the soldiers were forced to abandon it being two hundred and with their Captain Mr. Sentlo came by Sea to Knockvergus a Castle of the Queens but for all this it is meant to take again the place or a better and to prosecute the Rebel who is in declination The Queen of Scots I think will be wooed to marry the Earl Bothwell the principal of the Nobility are against it and are at Sterling with the Prince Fare ye well and as I wrot by Mr. Shute so assure your self of me as you mean your self to me Yours assuredly W. Cecil May 12. 1567. To the Right Honorable Sir Henry Norris Knight her Majesties Ambassador Resident in France SIR BY your last Letter of I understand of the intelligence was given unto you of preparation of eight Ships to be set out to the Seas which seemeth very strange and therefore the Ambassador here who could not get Audience of the Queens Majesty although he often demanded it since Mr. Smiths return was sent for to come to the Council and was roundly charged with certain depredations committed upon English Merchants in the West and also with this new preparation and therewith warned to advertise his Master
Mistriss shall have me in her hands to do her will of me and if she be so hard-hearted as to desire my end she may then do her pleasure and make sacrifice of me peradventure that casualty might be better for me than to live in this matter quoth she Gods will be fulfilled I answered she might amend all this matter if she would and find more Amity of your Majesty and your Realm than of any other Prince or Countrey The Queen answered I have me thinketh offered and spoken that that might suffice the Queen my Sister if she will take any thing well at my hand I trust said she for all this we shall agree better than some would have us and for my part I will not take all things to the worst I hope also said she the Queen my Sister and Cosin will do the like whereof quoth she I doubt not if Ministers do no harm betwixt us and so the said Queen embraced me This is the sum of my Negotiations at these my last Audiences with the French King the Queen-Mother the King of Navarre the Queen of Scotland and the Constable whereof I have thought meet to enlarge to your Majesty in such fort as the same passed and was uttered betwixt us As far as I can perceive the said Queen of Scotland continueth her Voyage still and I hear that Villageigmon and Octavian have the principal order of her said Voyage and mean to sail along the Coast of Flanders and so to strike over to the North-part of Scotland as the wind shall serve she did once mean to use the West-passage but now she dares not trust the Duke of Chastillerault nor the Earl of Arguile and therefore dareth not to pass by the West-Seas The said Queen as I hear desireth to borrow of the French King a hundred thousand Crowns the same to be received again of her Dowry which is twenty eight thousand Crowns by the year the Queen-Mother is willing to help her the King of Navarre doth not further the matter but seeketh to abridge the sum After I had done my Negotiations at the Court I was constrained to dislodge from Poissey for the Assembly of the Clergy who meet there to the end of this month and the Ambassadours are now appointed to lodge at Paris The Queen of Scotland departed from St. Germanes yesterday 25. of July towards her Voyage as she bruiteth it she sendeth most of her Train strait to New-haven to embark and she herself goeth such a way between both as she will be at her choice to go to New-Haven or to Callis upon the sudden what she will do or where she will embark she will be acknown to never a Scotch man and but to few French And for all these shews and boasts some think she will not go at all and yet all her stuff is sent down to the Sea and none other bruit in her house but of her hasty going if it would please your Majesty to cause some to be sent privily to all the Ports on this side the certainty shall be better known to your Majesty that way by the laying of her vessels than I can advertise it hence She hath said that at her coming into Scotland she will forthwith rid the Realm of all the English men there namely of your Majesties Agent there and forbid mutual Traffick with your Majesties Subjects if she make the haste to embark that she seemeth to do she will be almost ready to embark by that time this shall come to your Majesties hands Two or three dayes ago the French King was troubled with a pain in his head and the same beginneth to break from him by bleeding at the nose and running at his ear it is taken to be the same disease in his head whereof his brother died but by voiding it which the other could not do that organ being stopped this King is well amended At the dispatch hereof the King of Navarre was unquieted by a flux and a vomit and the Queen Mother with a Fever I hear that in Gascony the people stir apace for Religion as they do in many other places and being there assembled to the number of four thousand have entred a Town thrown down the Images and put out the Priests and will suffer no Masse to be said there My Lord of Levistou being ready to go homewards into Scotland through England went to the Queen of Scotland for his leave so to do but she hath commanded him to tarry and wait on her and to meet her at Abevillo without letting him know any thing else he in doubt what she will do is content to expect her coming thither and to do then as she shall command him and seeing no likelihood of her short passing which he sath is uncertain but that she will go to Callis there to hover and hearken what your Majesty doth to stop her and according thereunto to go or stay he mindeth to get him home he hath required my Letters of recommendations to your Majesties Officers at his landing in England which for his good devotion towards your Majesty and for that he is one that wisheth the same well I have not refused him and so humbly beseech your Majesties good favour towards him at his coming to your Majesty for his Pass-port Here is a bruit that the Turk is greatly impeached both by a sort of Jewes within his own Countrey and also by the Sophy And thus I pray God long to preserve your Majesty in health honour and all felicity from Paris July 26. 1561. Your Majesties most humble and most obedient Subject and Servant N. Throckmorton FINIS The ALPHABETICAL TABLE B. BAcon Sir Francis not a man born under Sol that loves Honour nor under Jupiter that loves Business place of any reasonable countenance commands more wits than a mans own Pag. 1 2. Assures the Lord Burleigh that his endeavours shall not be in fault if diligence can intitle him unto it and wishes to shew his Service with as good proof as he can say it in good faith 3 4. Caresses the Earl of Northumberland 4 5. The entrance of King James a fair morning before the Sun rising This State performed the part of good Attorneys in delivering the King quiet possession 5 6. No Reason the World should reject Truth in Philosophy although the Author dissents in Religion 1â— Advice to the King touching his Revenue 27. The Kings Attorneys place and the value of it honestly The Chancellors placo usually conferred upon the Kings Council and not upon a Judge Reasons against the Lords Cook and Hubbart and the Archbishop The Body of Parliament men is Cardo rerum Part of the Chancellors place is Regnum Judiciale and since his Fathers time but too much inlarged Pag. 73 74. A Narration in several Letters of the differences between the Chancery and Kings Bench and the grounds thereof stated to the King 22 23 75. The Proceedings against Somerset and divers private Transactions touching
Duke of Chastillherault over all They raise Forces against the Regent are Routed 139. A Couragious Answer from Queen Elizabeth to the French Ambassadour and the Audience adjourned 140. She sends a Ring to Marshal Montmorancy his wife 141. The Bishop of Rhemes Ambassador from France is offended that the doctrine of Rome is said to be contrary to Christs deducing consequently that his Mr. should be reputed no Christian and how that Speech was salved The Cardinal Chastillons Wife comes over 141 142. The Reason of the Cardinals coming into England Ships sent by the Queen to preserve the Bourdeaux Fleet. The Queen of Scots Case not defensible and the Consequence thereof 144. Matters about the Queen of Scots Chastillion highly commended 144 145. The Cause of the Queen of Scots to be heard here 146. Passages touching the differences between the King and the Prince of Conde Pag. 147. Matters against the Queen of Scots very bad 148. Sir Henry Norris claims the Lord Dacres Lands 149. Three manner of wayes proposed for ending the Scottish differences 150. Spanish Treasure stayed ibid. 151 156. The Parliament of Scotland declares the Queen of Scots privy to the murder of her Husband 152. D'Assonvill comes over Without Commission and desires Conference with the Spanish Ambassadour but denied 153. Hawkins his Return to Mounts Bay from the Indies with Treasure The Queen of Scots at Tetbury under the charge of the Earl of Shrewsbury 153. The French Ambassadors Currier searched and the Reason of it 154. The Prince of Conde slain in Battel against the King 157. The 13th of March had two great Effects 158. Differences in Scotland accorded 159. But not observed 160. Sir William Cecil laments the misfortune of France means made to accord with the Low Countries Scottish Nobility reconciled 61. Original Letters intercepted by persons of credit in the FrenchCourt of advertisement concerning the Queen of Scots and the Duke of Anjou Pag. 161. That the said Queen should transfer her title on the said Duke to learn more truth hereof and advertise with speed The Queens Ships far excel others 162. The Queen of Scots excuseth her Transaction with the Duke of Anjou 163 164. A Rebellion in the West-part of Ireland and the Spaniards aid feared 164. My Lord of Shrewsbury strucken with a Palsie and a Phrensie 165. The Parisians execute two Merchants whom the King had pardon'd The English Ambassador taxed for dealing with the Kings Rebels 166. The Earl of Desmond's great Rebellion in Ireland but dispersed 167 168. An Italian sent hither upon a Devilish attempt An Insurrection in Suffolk Queen Elizabeth desires to be rid of the Queen of Scots 169. The Queen offended at the Duke of Norfolk about his Marriage Sir William Cecil his good Friend therein my Lords of Arundel and Pembroke confined to their Lodgings about it and so is the Lord Lumley My Lord of Huntington joined with the Earl of Shrewsbury in the custody of the Scots Queen 172. The King of Spains designs with the Irish. Pag. 173. The grand Rebellion in the North and the pretences thereof and their numbers and names 174 175. A Report of the death of the Count Nassau the Northern Rebellion scattered and their Ring-leaders fled 176. Extracts of Letters out of the north The two Rebellious Earls in Liddesdale but flee from thence The Countess of Northumberland and her attendants robbed in Scotland The Earls flee with about 50. horse Westmerland changeth his coat of plate sword and travails like a Scottish borderer many others taken 177 178 The Regent of Scotland takes the Earl of Northumberland and others The Lord Fernhurst and Bucklugh aiders of them p. 178 The Murther of the Regent of Scotland at Lithgo by Hambleton of Bothwell Hall The Earl of Sussex his wise and noble carriage The Hambletons strongly suspected for the murder and why 179 180 The French Embassador makes 3 demands of the Queen in behalf of the Queen of Scots p. 181 Sir William Cecil names to the Queen Mr. Francis Walsingham and Mr. Henry Killigrew to succeed Sir Henry Norris in France p. 182 The Earl of Sussex goes again into Scotland The Bishop of Ross writes a Book in defence of the Queen of Scots and dangerous against Queen Elizabeth Pag. 183. The Earls of Worcester and Huntington made Knights of the Order p. 184 The Earl of Sussex and the Lord Hunsdon enter Scotland with fire and sword 50. Castles and 300 Villages burnt p. 184 185 The Lord Scroop Warden of the West Marshes makes great devastation in Scotland The Castle of Hume surrendred to the Lords of Sussex and Hunsdon and well fortified for the Queens service A great part of the Scotish borderers obediently adhere to their King and offer dependance upon the Queens Majesty The contrary part act rebelliously A great meeting of Lords on both sides at Edenburgh in Armes to try who shall have the authority p. 186 187 Simon Musgrage General of the horse routs the Lord Maxell is in some distress by him but is relieved by the Lord Scroop 's forces and the Maxwels and several other Lords escaped by flight Drumlangricks servants and tenants although pretended favorers of the King and Queen cruel to the English Dumfriese a Receptacle of English Rebels p. 187 188 The Queen of Scots desires cessation of Armes the Bishop of Ross plots against the Queen p. 189 Sir Henry Norris to be revoked and Mr. Walsingham to go in his place ibid. The Marshal of Berwick betray'd by the Bishop of St. Andrews and other Lords who under colour and treaty with him intended to have slain him he destroys the Hambletons Castles and houses Pag. 190. The Earl of Southampton for complyance with the Bishop of Ross is committed close prisoner to the Sheriff of London The fond Lord Morley withdraws to Lovain p. 191 The French King mediates for the Queen of Scots the Queen keeps some Castles in Scotland until her subjects of England should have satisfaction p. 191 192 Sir William Cecil and Sir Walter Mildmay are sent Commissioners to the Scotch Queen and they like not the message The Lord Coke to King James touching tryal of Duels out of England occasioned by putting to death of Doubty beyond the Seas by Sir Francis Drake that crime tryable only before the Constable and Marshal of England p. 193 194 H. THe History of the Reign of King Henry the 8th King Edward the 6th Queen Mary and part of Queen Eliz. p. 194 195 I. Exquisitely begun but left imprfect Two Copies of Letters from King James to the Lords touching abatement of his houshold charge and the means of redresse p. 198 199 From the King to the Lord Bacon in commendation of his book caled the Organon To Sir Thomas Coventry Atturney General commanding him to prepare a pardon of the whole sentence pronounc'd against my Lord Bacon p. 200 201 S. SIr Philip Sidney to the Queen diswading her from her marriage with Mounsieur most elegantly and judiciously penned p. 201 202 203 A most quaint Speech made by the Lord Bacon then Sollicitor General at the arraignment of the Lord Sanquir as well in extenuation as aggravation of the murder of Turner 209 210 c. The Countess of Shrewsburies Case touching the Marriage of the Lady Arabella and her refusal to be examined therein 212 213. T. SIR Nicholas Throckmorton Ambassador in France to Q. Elizabeth touching a free passage for the Q of Scots through England into Scotland several Politick Reasons urged on both sides between him the Queen of Scots and the Queen-Mother of France 214 215 216 c. FINIS ERRATA PAge 72. line 16. for bnt read but. p. 89. l. 22. for Twilknam r. Twitnam p. 97 l. 3. for fortunas suas r. fortunae suae p. 116. l. 3. for Moleneux r. Molineux p. 120. in fine for name r. named p. 130. l. 9. for what r. with and l. 7. for not r. now p. 137. l. 12. for to r. to be p 165. l. 6. for there r. here p. 173. l. 9. or 10. for over r. fromus p. 182. l. 14. for inferrior r. inferior p. 208. l. 18. for Holladour r. Hollander and in the same line for le r. he p. 211. l. 21. for Luedia r. Suedia p. 224. l. 26. for Abeville r. Abbeville 27 E. 3. Cap. 1. 4 H. 4. Cap. 23. These that follow are but indigested Notes Entertainment above ordinary To know the cause thereof Her Majestie much mislikes of the Prince of Conde and Thadnur Lords of France The Lords of the Council do all they can to cover the same Her Majesty being a Prince her self is doubtful to give comfort to subjects Our Ambassador to comfort them nevertheless as occasion serves Expectation of the Queens marrying with the Archduke Charles In Scotland all quiet the Scotish Queen still in Loughlevin and in health Murray ruleth quietly as Regent Original lettere intercepted by persons of credit in the French ourt of Advertisement concerning the Q of Scots and Duke of Anjou That the said Scotish Queen should transfer her Title on the said Duke To learn more truth hereof and advertise with speed This precisely denyed by the other side To send a trusty person to Marcells 19. Febr. 1616. Note before this Statute Criminal Causes were often adjudged in Parliament
lower orb It were to be wished and is fit to be so ordered that every of them keep themselves within their proper spheres The harmony of Justice is then the sweetest when there is no jarring about the Jurisdiction of the Courts which methinks wisdom cannot much differ upon their true bounds being for the most part so clearly known 19. Having said thus much of the Judges somewhat will be fit to put you in mind concerning the principal Ministers of Justice and in the first of the High-Sheriffs of the Counties which have been very Ancient in this Kingdom I am sure before the Conquest The choice of them I commend to your care and that at fit times you put the King in mind thereof that as near as may be they be such as are fit for those places for they are of great Trust and Power the Pesse Comitatus the Power of the whole County being legally committed unto him 20. Therefore it is agreeable with the intention of the Law that the choice of them should be by the commendation of the great Officers of the Kingdom and by the Advice of the Judges who are presumed to be well read in the condition of the Gentry of the whole Kingdom And although the King may do it of himself yet the old way is the good way 21. But I utterly condemn the practice of the latter times which hath lately crept into the Court at the Back-stairs that some who are prick'd for Sheriffs and were fit should get out of the Bill and others who were neither thought upon nor worthy to be should be nominated and both for money 22. I must not omit to put you in mind of the Lords Lieutenants and deputy Lieutenants of the Counties their proper use is for ordering the military affairs in order to an invasion from abroad or a rebellion or sedition at home good choice should be made of them and prudent instructions given to them and as little of the Arbitrary power as may be left unto them and that the Muster-Masters and other Officers under them incroach not upon the Subject that will detract much from the Kings service 23. The Justices of peace are of great use Anciently there were Conservators of the peace these are the same saving that several Acts of Parliament have altered their denomination and enlarged their jurisdiction in many particulars The fitter they are for the Peace of the Kingdom the more heed ought to be taken in the choice of them 24. But negatively this I shall be bold to say that none should be put into either of those Commissions with an eye of favour to their persons to give them countenance or reputation in the places where they live but for the Kings service sake nor any put out for the dis-favour of any great man It hath been too often used and hath been no good service to the King 25. A word more if you please to give me leave for the true rules of the moderation of Justice on the Kings part The execution of Justice is committed to his Judges which seemeth tobe the severer part but the milder part which is mercy is wholly left in the Kings immediate hand And Justice and Mercy are the true supporters of his Royal Throne 26. If the King shall be wholly intent upon Justice it may appear with an over-rigid aspect but if he shall be over remiss and easie it draweth upon him contempt Examples of Justice must be made sometimes for terrour to some Examples of mercy sometimes for comfort to others the one procures fear and the other love A King must be both feared and loved else he is lost 27. The ordinary Courts of Justice I have spoken of and of their Judges and judicature I shall put you in mind of some things touching the High Court of Parliament in England which is superlative and therefore it will behove me to speak the more warily thereof 28. For the institution of it it is very antient in this Kingdom It consisteth of the two Houses of Peers and Commons as the Members and of the Kings Majesty as the head of that great body By the Kings Authority alone and by his Writs they are Assembled and by him alone are they Prorogued and Dissolved but each House may Adjourn it self 29. They being thus Assembled are more properly a Councel to the King the great Councel of the Kingdom to advise his Majesty in those things of weight and difficulty which concern both the King and People then a Court. 30. No new Laws can be made nor old Laws abrogated or altered but by common Consent in Parliament where Bills are prepared and presented to the two Houses and then delivered but nothing is concluded but by the Kings Royal assent They are but Embryos 't is he giveth life unto them 31. Yet the House of Peers hath a power of Judicature in some cases properly to examine and then to affirm or if there be cause to reverse the judgments which have been given in the Court of Kings Bench which is the Court of highest jurisdiction in the Kingdom for ordinary judicature but in these cases it must be done by Writ of Error in Parliamento And thus the rule of their proceedings is not absoluta potestas as in making new Laws in that conjuncture as before but limitata potestas according to the known Laws of the Land 32. But the House of Commons have only power to censure the Members of their own House in point of election or misdemeanors in or towards that House and have not nor ever had power so much as to administer an oath to prepare a judgment 33. The true use of Parliaments in this Kingdom is very excellent and they would be often called as the affairs of the Kingdom shall require and continued as long as is necessary and no longer for then they be but burthens to the people by reason of the priviledges justly due to the Members of the two Houses and their attendants which their just rights and priviledges are religiously to be observed and maintained but if they should be unjustly enlarged beyond their true bounds they might lessen the just power of the Crown it borders so near upon popularity 34. All this while I have spoken concerning the Common Laws of England generally and properly so called because it is most general and common to almost all cases and causes both civil and criminal But there is also another Law which is called the Civil or Ecclesiastical Law which is confined to some few heads and that is not to be neglected and although I am a professor of the Common Law yet am I so much a lover of truth and of Learning and of my native Countrey that I do heartily perswade that the professors of that Law called Civilians because the Civil Law is their guide should not be discountenanced nor discouraged else whensoever we shall have ought to do with any forreign King or State we shall be
swadled in the infancy as the Roman was by the vertue of their first Kings which was a principal cause of the wonderful growth of that State in after-times The Decemvirs Laws were Laws upon Laws not the Original For they graffed Laws of Graecia upon the Roman stock of Laws and Customs But such was their success as the twelve Tables which they compiled were the main body of the Laws which framed and welded the great Body of that State They lasted a long time with some supplementals and the Pretorian Edicts in Albo which were in respect of Laws as Writing-tables in respect of Brass the one to be put in and out as the other is permanent Lucius Cornelius Sylla reformed the Laws of Rome For that man had three singularities which never Tyrant had but he That he was a Law-giver that he took part with Nobility and that he turned private man not upon fear but upon confidence Caesar long after desired to imitate him only in the first for otherwise he relied upon new men and for resigning his power Seneca describeth him right Caesar gladium cito condidit nunquam posuit And himself took it upon him saying in scorn of Sylla's resignation Sylla nescivit liter as dictare non potuit But for the part of a Law-giver Cicero giveth him the Attribute Caesar si ab eo quaereretur quid egisset in Toga leges se respondisset multas praeclar as tulisse His Nephew Augustus did tread the same steps but with deeper print because of his long Reign in peace whereof one of the Poets of his time saith Pace data terris animum ad Civilia vertit Jura suum legesque tulit justissimus Author From that time there was such a race of Wit and Authority between the Commentaries and Decisions of the Lawyers and the Edicts of the Emperours as both Laws and Lawyers were out of breath whereupon Justinian in the end re-compiled both and made a Body of Laws such as might be wielded which himself calleth glorious and yet not above truth the edifice or structure of a sacred Temple of Justice built indeed out of the former ruines of Books as materials and some novel constitutions of his own In Athens they had sex viri as AEschines observeth which were standing Commissioners who did watch to discern what Laws were unproper for the times and what new Law did in any branch cross a former Law and so ex officio propounded their Repeal King Edgar collected the Laws of this Kingdom and gave them a strength of a Faggot bound which formerly were dispersed which was more glory to him than his sailing about this Island with a great Fleet for that was as the Scripture saith Via Navis in Mari it vanished but this lasteth Alphonso the Wise the Ninth of that Name King of Castile compiled the Digest of the Laws of Spain intituled The six Partidas an excellent Work which he finished in seven years And as Tacitus noteth well That the Capitol though built in the beginnings of Rome yet was sit for the great Monarchy that came after so that building of Laws sufficeth the greatness of the Empire of Spain which since hath ensued Lewis the Eleventh had in his mind though he performed it not to have made one constant Law of France extracted out of the Civil Roman Law and the Customes of Provinces which are various and the Kings Edicts which with the French are Statutes Surely he might have done well if like as he brought the Crown as he said himself hors de Page so he had brought his people from Lacquay not to run up and down for their Laws to the Civil Law and the Ordinances of Courts and Discourses of Philosophers as they use to do King Henry the Eighth in the Twenty seventh year of his Reign was authorized by Parliament to nominate Thirty two Commoners part Ecclesiastical part Temporal to purge the Common Law and to make it agreeable to the Law of God and the Law of the Land but it took not effect For the Acts of that King were commonly rather proffers and fames then either well grounded or well pursued But I doubt I err in producing so many examples for as Cicero said to Caesar so may I say to Your Majesty Nil vulgare te dignum videri possit though indeed this well understood is far from vulgar for that the Laws of both Kingdoms and States have been like buildings of many pieces and patched up from time to time according to occasions without frame or model Now for the Laws of England if I shall speak my opinion of them without partiality either to my profession or Countrey for the matter and nature of them I hold them wise just and Moderate Laws they give to God they give to Caesar they give to the Subject what appertaineth It is true they are as mixt as our Language compounded of British Roman Saxon Danish Norman customs and surely as our Language is thereby so much the richer so our Laws are likewise by that mixture the more compleat Neither both this attribute the less to them then those that would have them to stand out the same in all mutations For no tree is so good first set as by transplanting and graffing I remember what happened to Calisthenes that followed Alexders Court and was grown into some displeasure with him because he could not well brook the Persian adoration At a Supper which with the Grecians was a great part he was desired the King being present because he was an eloquent man to speak of some Theme which he did and chose for his Theme the praise of the Macedonian Nation Which though it were but a filling thing to praise men to their faces yet he performed it with such advantage of truth and avoidance of flattery and with such life as was applauded by the Hearers The King was the less pleased with it not loving the man and by way of discountenance said It was easie to be a good Orator in a pleasing Theme But saith he to him turn your stile and tell us now of our faults that we may have the profit and not the praise only Which he presently did with such quickness that Alexander said That Malice made him Eloquent then as the Theme had done before I shall not fall into either of these extreams iu this Subject of the Laws of England I have commended them before for the matter but surely they ask much amendment for the Form which to reduce and perfect I hold to be one of the greatest Dowries that can be conferred upon this Kingdom which Work for the Excellency as it is worthy Your Majesties Acts and Times so it hath some Circumstance of propriety agreeable to Your person God hath blessed Your Majesty with posterity and I am not of opinion that Kings that are barren are fittest to supply perpetuity of generations by perpetuity of noble acts but contrariwise that they that leave posterity are the more
conversant Also to Sum up and Contract is a thing in action of very general use Sir Francis Bacon to the King May it please Your most Excellent Majesty IN the midst of my Misery which is rather asswaged by Remembrance than by Hope my chiefest worldly Comfort is to think That since the time I had the first Vote of the lower House of Parliament for Commissioner of the Union until the time that I was this Parliament chosen by both Houses for their Messenger to Your Majesty in the Petition of Religion which two were my first and last Services I was evermore so happy as to have my poor Services graciously accepted by Your Majesty and likewise not to have had any of them miscarry in my hands Neither of which points I can any wayes take to my self but ascribe the former to Your Majesties Goodness and the latter to Your prudent Directions which I was ever careful to have and keep For as I have often said to Your Majesty I was towards you but as a Bucket and a Cestern to draw forth and conserve and Your Self was the Fountain Unto this comfort of Nineteen years Prosperity there succeeded a Comfort even in my greatest Adversity somewhat of the same Nature which is That in those Offences wherewith I was charged there was not any one that had special Relation to Your Majesty or any Your particular Commandments For as towards Almighty God there are Offences against the first and second Table and yet all against God so with the Servants of Kings there are Offences more immediate against the Sovereign although all Offences against Law are also against the King Unto which Comfort there is added this Circumstance That as my Faults were not against Your Majesty otherwise than as all Faults are so my Fall is not Your Majesties Act otherwise than as all Acts of Justice are Yours This I write not to insinuate with Your Majesty but as a most humble Appeal to Your Majesties gracious Remembrance how honest and direct You have ever found me in Your Service whereby I have an assured Belief That there is in Your Majesties Princely Thoughts a great deal of Serenity and Clearness to me Your Majesties now prostrate and cast-down Servant Neither my most gracious Sovereign do I by this mentioning of my Services lay claim to Your Princely Grace and Bounty though the Priviledge of Calamity do bear that Form of Petition I know well had they been much more they had been but my bounden Duty nay I must also confess That they were from time to time far above my Merit super-rewarded by Your Majesties Benefits which You heaped upon me Your Majesty was and is that Man to me that raised and advanced me Nine times Thrice in Dignity and Six times in Office The places indeed were the painfullest of all Your Service but then they had both Honour and Profit and the then Profits might have maintained my now Honour if I had been wise Neither was Your Majesties immediate Liberality wanting towards me in some Gifts if I may hold them All this I do most thankfully acknowledge and do herewith conclude That for any thing arising from my self to move Your Eye of Pity towards me there is much more in my present Misery than in my past Services save that the same Your Majesties Goodness that may give Relief to the one may give Value to the other And indeed if it may please Your Majesty This Theme of my Misery is so plentiful as it need not be coupled with any thing else I have been some body by Your Majesties singular and undeserved Favour even the prime Officer of Your Kingdom Your Majesties Arm hath been often over mine in Council when You preceded at the Table so near I was I have born Your Majesties Image in metal much more in heart I was never in Nineteen years Service chidden by Your Majesty but contrari wise often overjoyed when Your Majesty would sometimes say I was a good Husband for you though none for my Self Sometimes That I had a way to deal in business suavibus modis which was the way which was most according to Your own heart and other most gracious Speeches of Affection and Trust which I feed on till this day But why should I speak of these things which are now vanished but only the better to express my Downfall For now it is thus with me I am a year and a half old in misery though I must ever acknowledge not without some mixture of Your Majesties Grace and Mercy for I do not think it possible That any you once loved should be totally miserable My own means through miné own improvidence are poor and weak little better than my Father left me The poor things which I have had from Your Majesty are either in Question or at Courtesie My Dignities remain marks of your past Favour but yet burdens withall of my present Fortune The poor Remnants which I had of my former Fortunes in Plate or Jewels I have spred upon poor men unto whom I owed fearce leaving my self bread so as to conclude I must pour out my misery before Your Majesty so far as to say Si deseris tu perimus But as I can offer to Your Majesties Compassion little arising from my self to move You except it be my extream misery which I have truly laid open so looking up to Your Majesty Your Self I should think I committed Cains fault if I should despair Your Majesty is a King whose heart is as unscrutable for secret motions of Goodness as for depth of Wisdom You are Creator like Factive and not Destructive You are a Prince in whom I have ever noted an avertion against any thing that savoured of a hard heart as on the other side Your Princely Eye was wont to meet with any motion that was made on the relieving part Therefore as one that hath had the happiness to know Your Majesties near hand I have most gracious Sovereign faith enough for a Miracle much more for a Grace That Your Majesty will not suffer Your poor Creature to be utterly defaced nor blot that Name quite out of Your Book upon which Your Sacred hand hath been so ost for new Ornaments and Additions Unto this degree of Compassion I hope God above of whose mercy towards me both in my Prosperity and Adversity I have had great Testimonies and Pledges though mine own manifold and wretched unthankfulness might have averted them will dispose Your Princely heart already prepared to all Piety And why should I not think but that Thrice Noble Prince who would have pulled me out of the fire of a Sentence will help to pull me if I may use that homely Phrase out of the mire of an abject and sordid Condition in my last dayes And that excellent Favourite of Yours the goodness of whose Nature contendeth with the greatness of his Fortune and who counteth it a prize a second prize to be a good Friend after that
and as it seemeth to the advantage of that Queen she took such comfort thereof as she made the Earl of Arguile Lieutenant in one part and the Earl of Huntly in another and the Duke of Chastilherault over all so as they forthwith leavyed Forces and by Proclamation threatned the Regent and all his with fire and sword who upon the Queens request had forborn hostility untill the matter might be heard and upon the 16. day of this moneth the said Regent beginning a Parliament which was appointed six weeks before and quietly holding the same without any Armes about the 19. word came to him that the Earl of Arguile was come to Glasco with 2000. and the Earl of Huntley coming out of the North with a great power to joyn with Arguile and so to come to Sterling to surprise both the place and the King upon which occasion the Earl of Murray brake up the Parliament and sent all the power that he had to stay their joyning together and as I heard the Earl of Huntley is put to the worse and so fled home-ward hereof the Queen of Scots maketh great complaint to the Queens Majesty you may do well when you have done your great Message as you see cause you may charge the Queen Mother with the breach of promise if the Duke of Chastilherault be gone forwards towards Scotland with power Yours assuredly W. Cecil Bissiter 27. Aug. 1568. Postscript I have boldly received from you sundry books and I am bold to pray you to provide for me a book concerning Architecture intituled according to a paper here included which I saw at Sir Smith's or if you think there is any better of a late making of that argument To the Right Honorable Sir Henry Norris Knight Her Majesties Ambassador Resident in France SIR YOur Lackquey arrived here on Friday in the afternoon and because the Bishop of Reynes hath not yet his audience I stay your servant Wall to bring the knowledge of that shall pass The Ambassador sent his Nephew Willcob to require Audience and that it might be Ordered to have her Majesties Council present at the Bishops Missado Her Majesty answered that they forgot themselves in coming from a King that was but young to think her not able to conceive an answer without her Council and although she could use the advice of her Council as was meet yet she saw no cause why they should thus deal with her being of full years and governing her Realm in better sort then France was so the audience being demanded on Saturday was put off untill Tuesday wherewith I think they are not contented The Cardinal Castillon lyeth at Shene Paris the rather to displease for Callis I think for E London demanded The Duke of Norfolke c. are gone to Yorke where the Dyet shall begin the last of this moneth It is Callice 90 London to the contrary shal be there any 9 7 3 590-0 Dover c. The success of the matters for good Sir I pray advertise me what you may reasonably think of practices what or any like to him I thank you for the book you sent me of Architecture but the Book which I most desired is made by the same Author and yet intituled Novels per bien bastir per Phileont de L'orn I thank you for your Placarts and instruments that you sent me by your Lackquey Yours assuredly as your brother W. Cecil Septem 27. 1568. Postscript And is well used by A the rather to displease all Papists I think he hath or shall shortly have such comfort for E as Steward demanded It is not meant if x shall be proved guilty of the Murther to restore her to V. howsoever her friends may brag to the contrary nor yet shall there be any haste made of her delivery untill the success of the matter of F and F be seen I pray you Sir advertise me what you may reasonably think of Sir Robert Staffords practices with D or any like him To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR AFter the letters of the Queens Majesty were closed up at Bissiter her Majesty stayed your Son that he might carry with him a letter for the Marshall Montmorancis wife for thanks for favor to my Lord Chamberlains daughter and for a token which her Majesty now sendeth by your Son being a Ring with a pointed Diamond I beseech you cause the letter to her to be indorsed as you shall think meet for I know not whether she be intituled Madam Lady Duchess of Calsho or Montmorancy or otherwise I write this upon the 20. being Sunday in the afternoon in Rycot where the Queens Majesty is well lodged to her great contentation as she hath commanded me to write to you lacking onely the presence of your self whom she wisheth here untill Thursday that she shall depart from hence of which Message I pray you take knowledge and give her Majesty thanks for she bad me to write thus very earnestly and so fare you well from your own house where also I am better lodged then I was in all this Progress We are truly certified by our own Ambassador from Spain who is on the way thorough France to return that the Prince is suddainly dead but by what occasion it is doubtful Yours assuredly W. Cecil 29. Aug. 1568. To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR I Have as I lately signified unto you stayed this bearer John Wall your servant to the time that this Bishop of Rhemes should have his Audience and be answered he was heard on Tuesday and at his departure was required briefly to put in writing the sum of his speech which he did as shall appear by the Copy herewith sent unto you and yet in his speech he touched an offence in the latter end of your Message notingthe Doctrine of Rome to be contrary to Christs wherein he amplified before the Queens Majesty that seeing his Master holdeth the Doctrine of Rome therefore your Majesty should repute him no Christian which speech he said was hardly born by the king in an open Audience whereunto some answer hath been made as you may see to salve the matter by turning the sence that the Doctrine of Rome was contrary to Christs in derogating c. Onely in this was some difference made although indeed your writing was warranted by the Queens Majesties letter and therefore no fault in any wise found in your doings I do send you herewith the copy of the Bishops writing exhibited and the answer of her Majesty thereto which being put in French was yesterday before the Ambassador were admitted to her Majesties presence read unto them by one of the Clarks of the Council in the presence of the Council and afterward they were brought unto her Majesty who did confirm her former answer and so they departed without further debate thereof It was thought they would have used
be there kept The fond Lord Morley without any cause offered him is gone like a noddy to Lorrein SIR I Stayed this bearer two days longer then first I intended because the French Ambassador required Audience affirming that he had answer from the French King wherewith the Queens Majesty would be satisfied and yesterday he was here and shewed her Majesty the French Kings letters to him and thereof gave her Majesty a copy which I have and do send to you herewith an extract of a clause tending to the matter the letter being of it self long and full of good words purporting his desire to have the Scotish Queen restored and concord established betwixt the two Queens the letter is dated the 10. of June and I note that your letter is dated the 15. and by his aforesaid letter King writeth that he will within two days speak with you at Alansen Now how the Kings promise will be kept a short time will declare or how if he break it there shall be some â—avillations found wherein I doubt that they will seek illusions for that we do yet keep Hume Castle and Fast Castle which are kept with not past fourscore men and being the houses of the Lord Hume the Warden who aided our Rebels with his Forces to invade burn and spoil England and therefore is by the Laws of the Borders answerable to the subjects of England it is reason they be kept untill he will return or authorize some for him to make answer or to take order with the complainants which being done the Queen Majesty will readily restore them Thus much I have thought meet to impart Yours assuredly W. Cecil Oatlands 25. Inne 1570 To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador c. SIR I Am thrown into a Maze at this time that Iknow not how to walk from dangers Sir Walter Mildmay and I are sent to the Scotish Queen as by the Queens Majesties letters you may see God be our guide for neither of us like the Message I trust at my return when Mr. Walsingham shall be returned to help you home your sufficient is sufficient to impart unto you all our Occurrents and so I end Your assured friend W. Cecil Reading 26. Sept. 1570. To the right honorable Sir Henry Notris Knight the Queens Majesties Ambassador Resident in France The Lord Coke to King James touching trial of Duels out of England May it please your most excellent Majesty I Have received a commandment by Mr. Sollicitor from your Majesty consisting upon two parts First to answer whether I informed not your Majesty that if two of your Subjects should go over beyond Sea to fight in a Forreign Kingdom and there in fight the one killeth the other that in this case the same might be punished by appeal before the Constable and Marshal of England Secondly if I made any such information what authority and reason I had to maintain it To the first the truth is that I did inform your Majesty so and I well remember I said then that it was Dowties Case your Majesty then speaking of Duels To the second this is by authority of an Act of Parliament made in the first year of King Henry the Fourth the 14th Chapter in these words For many Inconveniencies and Mischiefs that have oftentimes happened by many Appeals made within the Realm before this time It is ordained and established from henceforth That all Appeals to be made of things done within the Realm shall be tryed and determined by the good Laws of this Realm made and used in the time of the Kings noble Progenitors And that all Appeals to be made of things done out of the Realm shall be tryed before the Constable and Marshal of England for the time being And that no Appeals be from henceforth made or in any wise pursued in Parliament in any time to come In the late Queens time a Case fell out upon this Statute Sir Francis Drake having put Dowtie to death beyond Sea the Brother and Heir of Dowtie sued by Petition to the Queen that she would be pleased to appoint a Constable hac vice to the end he might have an Appeal against Sir Francis Drake for the death of his Brother This Petition the Queen referred to Sir Thomas Bromley and the two chief Justices and others And it was resolved of by them which I being of Council with Dowtie set down briefly for my Learning That if two Englishmen go beyond Sea and in Combate the one killeth the other this offence may be determined before the Constable and Marshal of England and so was the Statute of 1 Henr. 4. to be intended But after upon the true circumstance of the Case the Queen would not constitute a Constable of England without whom no Proceeding could be And I take this resolution to be well warranted by the Statute and no small inconvenience should follow and a great defect should be in the Law if such bloody offences should not be punished and Your Majesty should lose a flower of Your Crown in losing this Power to punish these growing and dangerous offences I shewed to Mr. Sollicitor my Report and Memorial of Dowtie's Case and I shall ever remain Your Majesties Loyal and Faithful Subject Edw. Coke 19. Febr. 1616. The History of the Reign of King Henry the Eighth King Edward the Sixth Queen Mary and part of the Reign of Queen Elizabeth THE books which are written do in their kinds represent the faculties of the mind of man Poesie his Imaginations Philosophy his Reason and History his Memory of which three facuities least exception is commonly taken to memory because Imagination is often times idle and Reason litigious So likewise History of all writings deserveth least taxation as that which holdeth least of the Author and most of the things themselves Again the use which it holdeth to mans life if it be not the greatest yet assuredly it is the freest from ill accident or quality For those that are conversant much in Poets as they attain to greater variety so withall they become concieted and those that are brought up in Philosophy and Sciences do wax according as their nature is some of them too stiff and opinionative and some others too perplexed and confused whereas History possesseth the mind with conceits which are nearest allied unto action and imprinteth them so as it doth not alter the complexion of the minde neither to irresolution nor pertinacity But this is true that in no sort of writings there is a greater distance between the good and the bad no not between the most excellent Poet and the vainest Rimer nor between the deepest Philosopher and the most frivolous School-men then there is between good Histories and those that unworthily bear the same or the like title In which regard having purposed to write the History of England from the beginning of the Reign of King H. 8. of that name near unto the present time
that Business 28. 29. 30 31 32 33 c. His advice to Sir George Villiers concorning Ireland wherein three Propositions are acutely scan'd 1. Touching the Recusant Magistrates of Towns there 2. About roducing the Number of the Council from Fifty to twenty 3. That a means may be found to re-enforce the Army by 500. or 1000. men without increase of Charge 67 68 69. From him to the Duke when he first became a Favourite with somo directions or his demeanor in that eminent place ranked into eight material Heads with an ample and quaint gloss upon each of them most elegantly pen'd 43 44. Again to him upon sending his Pattent for Viscount Villiers with several Avisoes and incidently a Censure of the Cecils the Father and the Son Pag. 70 71. Sends the King a Certificate from the Lord Coke 72. Sends to the King an Essay of History of His Majesties time 9. Desires the History of Brittain may be written for three Observations 7 8. Sixty four years old in Age and three years and five months in misery desires neither means place nor imployment but a total remission of the sentence of the Upper House by the example of Sir John Bennet 81. To the King touching the Plantation of Ireland as formerly of the Union as being Brother thereunto 6. To the Earl of Salisbury touching his Book of the advancement of Learning saying He is but like a Bell-ringer to awake better spirits 9 10. Several Letters to great Personages in sending unto them his Book of advancement of Learning and the presenting of it to the King 10 11. To Dr. Plafer touching the Translating of it into Latine with many excellent Reasons to that Inducement 11 12. To Sir Thomas Bodley upon sending the same Book 13. To divers Friends upon sending unto them some other of his Books 13. 14 15 16. To Mr. Savil touching the Education of Youth and the improving the Intellectual Powers Pag. 17. A Factious Book stiling the Queen Misera Faemina the addition of the Popes Bull. 21. The business of the Commendams and the carriage of the Judges therein related to the King 76 77. Three Examples of great Calamity Demosthenes Cicero and Seneca A Discourse concerning his own Books 78 79 80. A learned and ample Discourse touching a Digest to be made of the Laws of England from 82. to 86. To the Earl of Devonshire a Letter Apologetical touching a common fame as if he had been false or ungrateful to the Earl of Essex something long but exquisitely pen'd from 87. to 104. A discourse touching Helps for the Intellectual Powers by Sir Fran. Bacoa Faber quisque fortunae suae an insolent saying except it be interpreted as an hortative to correct slâ—th and not as it soundeth an high imagination for any man to fathom all Accidents Faber quisque Ingenii sui more true and more profitable Divers manner of instances in Improvements not only in the body of man but in his mind and spirit and therein not only in his Appetite and Affection but in his Powers of Wit and Reason The Will most manageable and admitteth most Medicines for Cure The first is Religion 2. Opinion and Apprehension 3. Example 4. When one affection is corrected by another And lastly a Confirmation of all by custom and habit Five Rules for exercises Pag. 97 98 99 100 Sir Francis Bacon to the King modestly Apologetical intimating his former services and his present low condition after the sentence pronounced against him by the Lords Implores the King that he that hath born a bag may not in his age be forc'd to bear aWallet nor he that desired to live to study may not be driven to study to live 101 102 103 104 C. CEcil Sir William to Sir Henry Norris Ambassadour in France about his Entertainment there being Extraordinary and what the Reason should be Sha'ne Oneal sues to be received into the Queens favour 105 106. Taxes Mounsieur de Foix for breach of promise in not delivering Lestrille The News of the death of the King of Scots and the manner of it Earl Bothwell suspected 107 108. Callice demanded to be restored to the Queen according to the Treaty of Cambray More of the business of the murder of the King of Scots words which touch't that Queen but fit to be supprest Pag. 109 111. If Callice be not delivered 50000 l. is to be forfeited 110. Matters in Flanders go hard against the Protestants 111. Those of the Order of France if life or honour be touched to be tried by Kings and others of the same Order ibid. Marriage of the Queen of Scots to Bothwell the prime of the Nobility against it 112. The French Kings Letter touching Callice ill resented by the Queen The Queen of Scots married the 15th of May. 113. Bothwell prosecuted for the murder defended by the Queen and the Hambletons the Queen under restraint Sha'ne Oneal slain in Ireland by certain Scots 114. Sir Nicholas Throckmorton sent into Scotland to Negotiate a Pacification The two Factions of the Hambletons and Lenox's 115. The Prince of Scotland Crowned at Sterling the 29th of July 116. Queen Elizabeth offended with the Scotch Lords Murray like to be made Regent Advice to Sir Henry Norris touching his Expences 117. Murray made Regent my Lord of Sussex with the Emperour all Judges Officers c. At Antwerp compelled to attest the Catholick Faith 118. Bothwell reported to be taken at Sea 119 120. Dunbar rendred to the Regent the Keeper thereof adjudged to a new Punishment Pag. 120. Expectation of Marriage between the Queen and the Archduke Charles 121. Troubles in France between the Prince of Conde and the King 121 122. The Queen of Scots noted by the Parliament there to be privy to the murder of her husband 123. The Earl of Desmond and his brother in the Tower 125. Fishermen of Diepe taken at Rye with unlawful Nets 126. The Popes Ministers preferre the State of their corrupt Church before the Weal of any Kingdom 128. The Earl of Sussex his return The Prince of Orange his Son to be sent into Spain and doubted Egmond and Horn must follow ibid. Emanuel Tremelius sent into England by the Elector Palatine The Prince of Orange refuseth to be judged by the Duke of Alva The Hambletons continue their Faction The death of Sir Ambrose Cave 129. Beaton sent from Scotland into France for 1000. Harquebusiers Money and Ordnance 131. Devilish practice against the Queen The Scots Queen removed to Bolton Castle her demands of the Queen denied 133. The Queen of Scots submits her Cause to be heard and determined in England 134 135 136 c. What preparations in France intended for Scotland Great expectation of the success of matters in the Low Countries Pag. 137. Unhappy but incredible News out of Flanders The Duke of Norfolk the Earl of Sussex and Sir Walter Mildmay Commissioners in the North about the Queen of Scots business 138. She makes Arguile and Huntley Lieutenants and the
but by Justice and Sentence as Delinquents and Criminals all three famous Writers Insomuch as the remembrance of their calamity is now as to posterity but as a little Picture of Night-work remaining amongst the fair and excellent Tables of their Acts and Works and all three if that were any thing to the matter fit examples to quench any mans ambition of rising again for that they were every one of them restored with great glory but to their further ruine and destruction ending in a violent death The men were Demosthenes Cicero and Seneca persons that I durst not claim affinity with except the similitude of our fortunes had contracted it When I had cast mine eyes upon these examples I was carried on further to observe how they did bear their fortunes and principally how they did imploy their times being banished and disabled for publick business to the end that I might learn by them and that they might be as well my Counsellors as my Comsorters Whereupon I happened to note how diversly their fortunes wrought upon them especially in that point at which I did most aim which was the employing of their times and pens In Cicero I saw that during his banishment which was almost two years he was so softned and dejected as he wrote nothing but a few womanish Episiles And yet in mine opinion he had least reason of the three to be discouraged for that although it was judged and judged by the highest kind of judgement in form of a Statute or Law That he should be banished and his whole estate confiscated and seized and his houses pulled down and that it should be highly penal for any man to propound his repeal yet his case even then had no great blot of ignominy but it was thought but a tempest of Popularity which overthrew him Demosthenes contrary-wise though his case was foul being condemned for bribery and not simple bribery but bribery in the nature of Treason and disloyalty yet nevertheless he took so little knowledge of his fortune as during his banishment he did much busie himself and intermeddle with matters of State and took upon him to counsel the State as if he had been still at the Helm by Letters as appears by some Epistles of his which are extant Seneca indeed who was condemned for many corruptions and crimes and banished into a solitary Island kept a mean for though his Pen did not freeze ye he abstained from intruding into matters of business but spent his time in writing Books of excellent Arguments and use for all Ages though he might have made better choice sometimes of his Dedications These examples confirmed me much in a resolution whereunto I was otherwise inclined to spend my time wholy in writing and to put forth that poor Talent or half-talent or what it is that God hath given me not as heretofore to particular exchanges but to ranks or Mounts of Perpetuity which will not break Therefore having not long since set forth a part of my Instauration which is the work that in mine own judgement Si nunquam fallit Imago I may most esteem I think to proceed in some few parts thereof And although I have received from many parts beyond the Seas testimonies touching that work such as beyond which I could not expect at the first in so abstruse an Argument yet nevertheless I have just cause to doubt that it flies too much over mens heads I have a purpose therefore though I break the order of time to draw it down to the sense by some patterns of a Natural Story and Inquisition And again for that my Books of Advancement of Learning may be some preparative or Key for the better opening of the Instauration because it exhibits a mixture of new conceipts and old whereas the Instauration gives the new unmixed otherwise then with some little aspersion of the old for tastes sake I have thought to procure a Translation of that Book into the general Language not without great and ample additions and enrichment thereof especially in the second Book which handleth the partition of Sciences in such sort as I hold it may serve in lieu of the first part of the Instauration and acquit my promise in that part Again because I cannot altogether desert the civil person that I have borne which if I should forget enough would remember I have also entred into a work touching Laws propounding a Character of Justice in the middle Term between the speculative and reverend discourses of Philosophers and the writings of Lawyers which are tied and obnoxious to their particular Laws And although it be true that I had a purpose to make a particular Digest or re-compilement of the Laws of mine own Nation yet because it is a Work of assistance and that that I cannot master by my own forces and pen I have laid it aside Now having in the work of my Instauration had in contemplatiō the general good of men in their very being and dowries of nature in my work of Laws the general good of men in Society and the dowries of Government I thought in duty I owed somewhat unto mine own Countrey which I ever loved insomuch as although my place hath been far above my deserts yet my thoughts and cares concerning the good thereof were beyond and over and above my place So now being as I am no more able to do my Countrey service it remained unto me to do it honour which I have endeavoured to do in my Work of the Reign of King Henry the Seventh As for my Essayes and some other particulars of that Nature I count them but as the Recreations of my other Studies and in that sort I purpose to continue them though I am not ignorant that those kind of Writings would with less pains and embracement perhaps yield more lustre and reputation to my Name than those other which I have in hand But I account the use that a man should seek of the publishing of his own Writings before his death to be but an untimely anticipation of that which is proper to follow a man and not to go along with him But revolving with myself my Writings as well those I have published as those which I had in hand methought they went all into the City and none into the Temple where because I have found so great consolation I desire likewise to make some poor oblation Therefore I have chosen an Argument mixt of Religious and Civil Considerations and likewise mixt between Contemplative and Active For who can tell whether there may not be an Exoriere aliquis Great matters especially if they be Religious have many times small beginnings and the Plat-form may draw on the Building This Work because I was ever an enemy to flattering Dedications I have dedicated to your Lordship in respect of our ancient and private acquaintance and because amongst the men of our times I hold you in especial Reverence Sir Francis Bacon to the King about
the Pardon of the Parliaments Sentence Most gracious and dread Sovereign BEfore I make my Petition to your Majesty I make my Prayers to God above pectore ab imo That if I have held anything so dear as your Majesties service nay your hearts ease and your honour I may be repulsed with a denial But if that hath been the principal with me That God who knoweth my heart would move your Majesties royal heart to take compassion of me and to grant my desire I prostrate my self at your Majesties feet I your ancient servant now sixty four years old in age and three years and five moneths old in misery I desire not from your Majesty means nor place nor imployment but only after so long a time of expiation a compleat and total remission of the sentence of the Upper House to the end that blot of ignominy may be removed from me and from my memory with posterity that I die not a condemned man but may be to your Majesty as I am to God Nova creatura Your Majesty hath pardoned the like to Sir John Bennet between whose case and mine not being partial to my self but speaking out of the general opinion there was as much difference I will not say as between black and white but as between black and gray or ash-coloured Look therefore down dear Sovereign upon me also in pity I know your Majesties heart is inscrutable for goodness and my Lord of Buckingham was wont to tell me you were the best natured man in the world and it is Gods property that those that he hath loved he loveth to the end Let your Majesties grace in this my desire stream down upon me and let it be out of the fountain and spring-head and ex mero motu that living or dying the print of the goodness of King James may be in my heart and his praises in my mouth This my most humble request granted may make me live a year or two happily and denied will kill me quickly But yet the last thing that will die in me will be the heart and affection of Your Majesties most humble and true devoted servant Fr. St. Alban July 30. 1624. Sir Francis Bacon to King James of a Digest to be made of the Laws of England Most Excellent Sovereign AMongst the Degrees and Acts of Sovereign or rather Heroical Honour the first or second is the person and merit of a Law-giver Princes that govern well are Fathers of the People But if a Father breed his Son well and allow him well while he liveth but leave him nothing at his death whereby both he and his Children and his Childrens Children may be the better it is not in him compleat So Kings if they make a portion of an Age happy by their good Government yet if they do not make Testaments as God Almighty doth whereby a perpetuity of good may descend to their Countrey they are but mortal and transitory benefactors Domitian a few days before he dyed dreamed that a golden Head did rise upon the Nape of his Neck which was truly performed in the golden Age that followed his times for five Successions But Kings by giving their Subjects good Laws may if they will in their own time join and graff this golden Head upon their own necks after their death Nay they make Nabuchodonosors Image of Monarchy golden from head to foot And if any of the meaner sort of Politicks that are sighted only to see the worst of things think That Laws are but Cobwebs and that good Princes will do well without them and bad will not stand much upon them the discourse is neither good nor wise For certain it is That good Laws are good Bridles to bad Princes and as a very Wall about Government And if Tyrants sometimes make a breach into them yet they mollifie even Tyranny it self as Solons Laws did the Tyranny of Pisistratus and then commonly they get up again upon the first advantage of better times Other means to perpetuate the memory and merits of Sovereign Princes are inferiour to this Building of Temples Tombs Palaces Theatres and the like are honourable things and look big upon Posterity But Constantine the Great gave the name well to those works when he used to call Trajan who was a great Builder Parietarius because his name was upon so many walls So that if that be the matter that the King would turn Wall-flower or Pelitory of the Wall with cost he may Adrians vein was better for his mind was to wrastle a fall with Time and being a great Progressor over all the Roman Empire when ever he found any decayes of Bridges or High-wayes or cuts of Rivers and Sewers or Walls or Banks or the like he gave substantial order for their Repair He gave also multitudes of Charters and Liberties for the comfort of Corporations and Companies in decay so that his Bounty did strive with the ruines of time But yet this though it were an excellent disposition went but in effect to the Cases and Shells of a Commonwealth it was nothing to Virtue or Vice A bad man might indifferently take the benefit and ease of his Wayes and Bridges as well as a good and bad people might purchase good Charters Surely the better works of perpetuity in Princes are they that wash the inside of the Cup such as are foundations of Colledges and Lectures for learning and education for youth likewise foundations and institutions of Orders and Fraternities for Nobleness Enterprize and Obedience and the like But yet these also are but like Plantations of Orchards and Gardens in plats and spots of ground here and there they do not Till over the whole Kingdom and make it fruitful as doth the establishing of good Laws and Ordinances which make a whole Nation to be as a well ordered Colledge or Foundation This kind of work in the memory of time is rare enough to shew it excellent and yet not so rare as to make it suspected for impossible inconvenient and unsafe Moses that gave Laws to the Hebrews because he was the scribe of God himself is fitter to be named for Honours sake to other Law-givers then to be numbred and ranked amongst them Minos Lycurgus and Solon are examples for Themes of Grammar-Scholars For ancient Personages and Characters now a days use to wax children again Though that Parable of Pindarus be true The best thing is water for common and trivilal things are many tmies the best and rather despised upon pride because they are vulgar then upon cause or use Certain it is that the Laws of those three Law-givers had great prerogatives the first of fame because they were the pattern among the Grecians the second of lasting for they continued longest without alteration the third a spirit of reviver to be often expired and often restored Amongst the seven Kings of Rome there were four Law-givers For it is most true that a Discourse of Italy saith There was never State so well