thereupon takes Pen in hand and in stead of excusing himself sets down and contriveth a seditious and libellouâ— Accusation against the King and State which your Lordships shall now hear And sends it to the Majour And witâ—all because the Feather of his Quill might fly abroad he gives authority to the Majour to impart it to the Iustices if he so thought good And now my Lords because I will not mistake or mis-repeat you shall hear the Seditious Libell in the proper termes and words thereof Here the Papers were read MY Lords I know this Paper offends your Ears much and the Eares of any good Subject And sorry I am that the Times should produce Offences of this nature But since they do I would be more sorry they should be passed without severe punishment Non tradite factum as the Verse sayes altered a little Aut si tradatis Facti quoque tradite poenam If any man have a mind to discourse of the Fact let him likewise discourse of the punishment of the Fact In this Writing my Lords there appears a Monster with four Heads Of the progeny of him that is the Father of Lies and takes his Name from Slander The first is a wicked and seditious Slander Or if I shall use the Scripture phrase a Blasphemingâ— of the King himself Setting him forth for a Prince perjured in the great and solemne Oath of his Coronation which is as it were the Knot of the Diademe A Prince that should be a Violatour and Infringer of the Liberties Lawes and Customes of the Kingdome A mark for an H. the 4th A Match for a R. the 2d. The Second is a Slander and Falsification and wresting of the Law of the Land grosse and palpable It is truly said by a Civilian Tortura Legum pessima The Torture of Lawes is worse then the Torture of Men. The Third is a slander and false charge of the Parliament That they had denied to give to the King A Point of notorious untruth And the last is a Slander and Taunting of an infinite Number of the Kings loving Subjects that have given towards this Benevolence and free Contribution Charging them as Accessary and Coadjutours to the Kings Perjury Nay you leave us not there But you take upon you a Pontificall Habite And couple your Slander with a Curse But thanks be to God we have learned sufficiently out of the Scripture That as the Bird flies away so the causelesse Curse shall not come For the first of these which concerns the King I have taken to my self the opening and Aggravation thereof The other three I have distributed to my Fellows My Lords â— cannot but enter into this part with some Wonder and Astonishment How it should come into the Heart of a Subject of England to vapour forth such a wicked and venemous slander against the King whose Goodness Grace is comparable if not incomparable unto any the Kings his Progenitors This therefore gives me a Just necessary occasion to do two things The one to make some Representation of his Majesty Such as truly he is found to be in his Government which Mr. I. S. chargeth with Violation of Lawes and Liberties The other to search and open the Depth of Mr. I.S. his Offence Both which I will do briefly Because the one I cannot expresse sufficiently And the other I will not presse too far My Lords I mean to make no Panegyrick or Laudative The Kings delights not in it neither am I fit for it But if it were but a Councellor or Noble-man whose Name had suffered and were to receive some kind of Reparation in this High Court I would do him that Duty as not to pass his Merits and just Attributes especially such as are limitted with the present Case in silence For it is fit to burn Incense where evill Odours have been cast and raised Is it so that King Iames shall be said to be a Violater of the Liberties Lawes and Customes of his Kingdomes Or is he not rather a noble and Constant Protector and Conservator of them all I conceive this consisteth in maintaining Religion and the true Church In maintaining the Lawes of the Kingdom which is the Subjects Birth-right In temperate use of the Prerogative In due and free Administration of Iustice And Conservation of the Peace of the Land For Religion we must ever acknowledge in first place that we have a King that is the Principall Conservator of true Relâ—gion through the Christian World He hath maintained it not only with Scepter and Sword But likewise by his Pen wherein also he is Potent He hath Awaked and Reauthorized the whole Party of the Reformed Religion throughout Europe which through the Insolency and diverse Artifices and Inchantments of the advers part was grown a little Dull and Dejected He hath summoned the Fraternity of Kings to infranchise Themselves from the Usurpation of the see of Rome He hath made himself a Mark of Contradiction for it Neither can I omit when I speak of Religion to remember that excellent Act of his Majesty which though it were done in a Forraign Country yet the Church of God is one And the Contagion of these things will soon pass Seas and Lands I mean in his constant and holy proceeding against the Heretick Vorstius whom being ready to enter into the Chair and there to have authorized one of the most pestilent and Heathenish Heresies that ever was begun His Majesty by his constant opposition dismounted and pulled down And I am perswaded there sits in this Court one whom God doth the rather blesse for being his Majesties Instrument in that Service I cannot remember Religion and the Church but I must think of the seed-plots of the same which are the Vniversities His Majesty as for Learning amongst Kings he is incomparable in his Person So likewise hath he been in his Government a benigâ— or benevolent planet towards Learning By whose influence those Nurseries and Gardens of Learning the Vniversities were never morâ— in Flower nor Fruit. For the Maintaining of the Lawes which is the Hedge and Fence about the Liberty of the Subject I may truly affirm it was never in better repair He doth concur with the Votes of the Nobles Nolumus Leges Angliae mutare He is an Enemy of Innovation Neither doth the Universality of his own Knowledge carry him to neglect or pass over the very Formes of the Lawes of the Land Neither was there ever King I am perswaded that did consult so oft with his Iudges As my Lords that sit here know well The Iudges are a kind of Councell of the Kings by Oath and ancient Institution But he useth them so indeed He confers regularly with them upon their Retâ—rnes from their Visitations and Circuits He gives them Liberty both to enform him and to debate matters with him And in the Fall and Conclusion commonly relyeth on their Opinions As for the use of the Prerogative it runs within the ancient Channels
such an Institution will be that it will make the Place a Receptacle of the Worst Idlest and most dissolute Persons of every Profession And to become a Cell of Loyterers and Cast Serving Men and Drunkards with Scandall rather then Fruit to the Common Wealth And of this kinde I can find but one Example with us Which is the Almes Knights of Windsor Which particular would give a Man small encouragement to follow that President Therefore the best Effect of Hospitals is to make the Kingdome if it were possible capable of that Law That there be no Beggar in Israel For it is that kind of People that is a burthen an Eye sore a scandall and a Seed of Perill and Tumult in the State But chiefly it were to be wished that such a Beneficence towards the Relief of the poor were so bestowed As not onely the Meere and Naked Poore should be sustained But also that the Honest Person which hath hard means to live upon whom the Poore are now charged should be in some sort eased For that were a Work generally acceptable to the Kingdome if the Publick Hand of Alms might spare the Private Hand of â—ax And therefore of all other Employments of that kind I commend most Houses of Relief and Correction which are Mixt Hospitalls where the Impotent Person is relieved and the Sturdy Beggar buckled to work And the unable Person also not maintained to be Idle which is ever joyned with Drunkennesse and Impurity But is sorted with such work as he can mannage and perform And where the uses are not distinguished as in other Hospitals Whereof some are for Aged and Impotent and some for Childrâ—n And some for Correction of Vagabonds But are generall and promiscuous So that they may take off Poore of every sort from the Countrey as the Countrey breeds them And thus the Poore themselves shall find the Provision and other People the sweetnesse of the Abatement of the Tax Now if it be objected that Houses of Correction in all places have not done the good expected as it cannot be denied but in most places they have done much Good It must be remembred that there is a great Difference between that which is done by the Distracted Government of Iustices of Peace And that which may be done by a setled Ordinance subject to a Regular Visitation as this may be And besides the Want hath been commonly in Houses of Correction of a competent and Certain Stock for the Materialls of the Labour which in this case may be likewise supplied Concerning the Advancement of Learning I do subscribe to the Opinion of one of the Wisest and Greatest Men of your Kingdome That for Grammar Schools there are already too many and therefore no Providence to adde where there is Excesse For the great Number of Schools which are in your Highnesse Realm doth cause a Want and doth cause likewise an Overflow Both of them Inconvenient and one of them Dangerous For by Means thereof they find Want in the Countrey and Towns both of Servants for Husbandry and Apprentices for Trade And on the other side there being more Schollers bred then the State can prefer and Employ And the Active part of that life not bearing a proportion to the Preparative It must needs fall out that many Persons will be bred unfit for other Vocations And unprofitable for that in which they are brought up Which fills the Realm full of Indigent Idle and Wanton People which are but Materia Rerum novarum Therefore in this Point I wish Mr. Suttons Intention were exalted a Degree That that which he meant for Teachers of Children your Majesty should make for Teachers of Men wherein it hath been my ancient Opinion and Observation That in the Vniversities of this Realm which I take to be of the best endowed Vniversities of Europe there is Nothing more wanting towards the flourishing State of Learning then the Honourable and plentifull Salaries of Readers in Arts and Professions In which Point as your Majesties Bounty already hath made a Beginning So this Occasion is offered of God to make a Proceeding Surely Readers in the Chair are as the Parents in Sciences and deserve to enjoy a Condition not inferiour to their Children that embrace the Practicall Part. Els no Man will sit longer in the Chair then till he can walk to a better preferment And it will come to passe as Virgil saith Et Patrum invalidi referent Iejunia Nati For if the Principall Readers through the Meannesse of their Entertainment be but Men of superficiall Learning And that they shall take their place but in passage It will make the Masse of Sciences want the chief and solid Dimension which is Depth and to become but Pretty and compendious Habits of praâ—ctice Therfore I could wish that in both the Vniversities the Lectures as well of the three Professions Divinity Law and Phyâ—sick As of the three Heads of Science Philosophy Arts of Speech and the Mathematicks were raised in their Pensions unto a 100 l. per Annum a piece Which though it be not near so great as they are in some other Places where the Greatnesse of the Reward doth whistle for the Ablest Men out of all Forrain parâ— to supply the Chair yet it may be a Portion to content a Worthy and Able Man If he be likewise Contemplative in Nature As those spirits are that are Fittest for Lectures Thus may Learning in your Kingdome be advanced to a further Heighth Learning I say which under your Majesty the most Learned of Kings may claim some Degree of Elevation Concerning Propagation of Religion I shall in few words set before your Majesty three Propositions None of them Devises of mine own otherwise then that I ever approved them Two of which have been in Agitation of Speech and The third acted The first is a Colledge for Controversies Whereby we shall not still proceed Single but shall as it were double our Files Which certainly will be found in the Encounter The second is a Receipt I like not the word Seminary in respect of the Vain Vowes and implicite Obedience and other Thingâ— tending to the perturbation of States involved in that Term for Converts to the Reformed Religion either of Youth or otherwise For I doubt not but there are in Spain Italy and other Countries of the Papists many whose Hearts are touched with a sense of those Corruptions and an acknowledgment of a better Way which Grace is many times smothered and choaked through a worldly Consideration of Necessity and want Men not knowing where to have Succour and Refuge This likewise I hold a Work of great Piety and a Work of great Consequence That we also may be Wise in our Generation And that the Watchfull and Silent Night may be used as well for sowing of good Seed as of Tares The third is the Imitation of a Memorable and Religious Act of Queen Elizabeth Who finding a part of Lancashire to be extreamly Backward
upon the Kings that are the Vassals of Rome And over them gives it power But protecteth those Kings which have not accepted the Yoak of his Tyranny from the Effects of his Mallice The other that as I said at first this is a common Cause of Princes It involveth Kings of both Religions And therefore his Majesty did most worthily and prudently ring out the Alarum Bell to awaken all other Princes to think of it seriously and in Time But this is a miserable case the while That these Roman Souldiers do either thrust the Spear into the Side of Gods Annointed Or at least they Crown them with Thorns That is piercing and pricking Cares and Feares that they can never be quiet or secure of their Lives or States And as this Perill is common to Princes of both Religions So Princes of both Religions have been likewise equally sensible of every Injury that touch't their Temporall Thunaus reports in his Story That when the Realm of Fraunce was interdicted by the violent proceedings of Pope Iulius the 2d. the King Lewis the 12th otherwise noted for a Moderate Prince caused Coyns of Gold to be stamped with his own Image and this Superscription Perdam nomen Babylonis è terrâ And Thuanus saith Himself hath seen divers pieces thereof So as this Catholick King was so much incensed at that time in respect of the Popes Vsurpation As he did fore-run Luther in applying Babylon to Charlesâ—he â—he 5th Emperour who was accounted one of â—he Popes best Sonnes yet proceeded in matter temporall towards Pope Clement with strange Rigour Never regarding the Pontificality but kept him Prisoner 18. Moneths in a Pestilent Prison And was hâ—rdly disswaded by his Councell from having sent him Captive into Spain And made sport with the Threats of Frosberg the Germaine who wore a silk Rope under his Cassock which he would shew in all Companies Tellâ—ng them that he carried it to strangle the Pope with his own hands As for Philip the Faire Iâ— is the ordinary Example how he brought Pope Boniface the 8th to an ignominious End Dying Mad and Enraged And how he stiled hiâ— Rescript to the Popes Bull whereby he challenged his Tempoâ—all Sciat Fatuitas Vestra Not your Beatitude but your Stultitude A Stile worthy to be continued in like Cases For certainly that claim is meerly Folly and Fury As for Native Examples here it is too long a Field to enter into them Never Kings of any Nation kept the Partition wall between Temporall and Spiriâ—uall better in times of greatest Superstition I report me to King Edward I. that set up so many Crossâ—s And yet crossed that part of the Popes Iurisdiction no Man more strongly But these things have passed better Penns and Speeches Heere I end them But now to come to the particular Charge of this Man I musâ— enform your Lordships the Occasion and Nature of this Offenceâ— Theâ—e haâ—h been published lately to the Worldâ— a Work of Suâ—rez a Portugese A Professor in the Vniversity of Coimbra A Confidenâ—â— and daâ—ing Writer such an one as Tully describes in derision Nihil tam verens quam ne dubitare aliquâ de re videretur One that feares nothing but this least he should seem to doubt of any thing A Fellow that thinksâ— with his Magistrallity and Goose-quill to give Lawes and Mannages to Crowns and Scepters In this Mans writinâ— this Doctrine of Deposing and Murthering Kings seems to comâ— to a higher Elevation then heretofore And it is more artted and positived then in others For in the passages which your Lordships shall hear read anon I find three Assertions which run not in the vulgar Track But are such as wherewith Mâ—ns Eares as I suppose are not much acquainted Whereof the first is That the Pope hath a superiority over Kings as Subjects to depose them Not only for Spirituall Crimes as Heresie and Schisme But for Faults of a Tempoâ—rall Nature Forasmuch as a Tyrannicall Government tendeth ever to the Destruction of Soules So by this Position Kings of either Religion are alike comprehended and none exempted The Second that after a Sentence given by the Pope this Writer hath defined of a Series or Succession or Substitution of Hangmen or Burreo's to be suâ—e least an Executioner should fail His Assertion is That when a King is sentenced by the Pope to Deprivation or Death The Executioner who is first in place is He to whom the Pope shall commit the Authority Which mayâ— be a Forraign Prâ—nce It may be a Particular Subject It may be in generall to the first undertaker But if there be no Direction or Assignation in the Sentence speciall nor generall then de Jure it appertains to the nexâ— Successour A naturall and pious Opinion For commonly they are Sons or Brothers or near of Kin all is one So as the Successor be Apparent and also that he be a Catholique But if he be Doubtfull or that he be no Catholique then it devolves to the Commonalty of the Kingdome So as he will be sure to have it done by one Minister or other In the Third he distinguishethâ— of two kinds of Tyrants A Tyrant in Title and A Tyrant in Regiment â—he Tyrant in Regiment cannot be resisted or killed without a Sentence precedent by the Pope But a Tyrant in Title may be killed by any private Man whatsoever By which Doctrine he hath put the Judgement of Kings Titles which I will undertake are never so clean but that some vain Quarrel or Exception may be made unto them upon the Fancy of every â—rivate Man And also couples the Judgement and Execution together That he may judge him by a Blow without any other Sentence Your Lordships see what Monstrous Opinions these are And how both these Beasts the Beast with seven Heads and the Beast with Many Heads Pope and people are at once let in and set upon the sacred Persons of Kings Now to go on with the Narrative There was an Extract made of certain Sentences and Portions of this Book Being of this nature that I have set forth By a great Prelate and Councellor upon a just Occasion And there being some Hollowness and Hesitation in these Matters wherein it is a thing impious to doubt discovered and perceived in Talbot He was asked his Opinion concerning these Assertions in the Presence of his Majesty And afterward they were delivered to him That upon advise and Sedato animo he mought declare himself Whereupon under his hand he subscribes thus May it please your Honourable good Lordships Concerning this Doctrine of Suarez I do perceive by what I have read in his Book that the same doth concern Matter of Faith The Controversie growing upon Exposition of Scriptures and Councels Wherein being ignorant and not studied I cannot take upon me to judge But I do submit mine Opinion therein to the Iudgement of the Catholick Roman Church as in all other Points concerning Faith I do And for Matter concerning my Loyalty I
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
Merchants should pay Strangers Custome in England that resteth upon the Point of Naturalization which I touched before Thus have I made your Majesty a brief and naked Memoriall of the Articles and Points of this great Cause which may serve onely to excite and stir up your Majesties Royall Iudgement and the Iudgement of Wiser Men whom you will be pleased to call to it Wherein I will not presume to perswade or disswade any thing Nor to interpose mine own Opinion But do expect light from your Majesties Royall Directions Unto the which I shall ever submit my Iudgement and apply my Travailes And I most humbly pray your Majesty in this which is done to pardon my Errours and to cover them with my good Intention and Meaning and Desire I have to do your Majesty Service And to acquiâ—e the Trust that was reposed in me And chiefly in your Majesties benign and gracious Acceptation FINIS THE BEGINNING OF THE HISTORY OF GREAT BRITAIN BY the Decease of Elizabeth Queen of England the Issues of King Henry the 8th failed Being spent in one Generation and three Successions For that King though he were one of the goodliest Persons of his time yet he left onely by his Six Wives three Children who Raigning successively and Dying Childelesse made place to the Line of Margaret his eldest Sister Married to Iames the 4th King of Scotland There succeeded therefore to the Kingdome of England Iames the 6th then King of Scotland descended of the same Margaret both by Father and Mother So that by a rare Event in the Pedegrees of Kings it seemed as if the Divine Providence to extinguish and take away all Note of a Stranger had doubledâ— upon his Person within the Circle of one Age the Royall Bloud of England by both Parents This sucâ—ession drew towards it the Eyes of all Men Being one of the most memorable Accidents that had hapned a long time in the Christian World For the Kingdome of France having been re-united in the Age before in all the Provinces thereof formerly dismembred And the Kingdome of Spain being of more fresh memory united and made entire by the Annexing of Portugall in the Person of Philip the second There remained but this Third and last Vnion for the counterpoizing of the Power of these three great Monarchies And the disposing of the Affaires of Europe thereby to a more assured and universall Peace and Concord And this Event did hold Mens Observations and Discourses the more Because the Island of Great Britain divided from the Rest of the World was never before united in it self under one King Notwithstanding the People be of one Language and not separate by Mountains or great Waters And notwithstanding also that the uniting of them had been in former times industriously attempted both by Warre and Treaty Therefore it seemed a manifest work of Providence and Case of Reservation for these times Insomuch as the vulgar conceived that now there was an End given and a Consummation to superstitious Prophecies The Belief of Fooles but the Talk sometimes of Wise Men And to an ancient tacite Expectation which had by Tradition been infused and inveterated into Mens Minds But as the best Divinations and Predictions are the Politick and probable Foresight and Conjectures of wise Men So in this Matter the Providence of King Hen. the 7th was in all Mens Mouths Who being one of the Deepest and most prudent Princes of the World upon the Deliberation concerning the Marriage of his Eldest Daughter into Scotland had by some Speech uttered by him shewed himself sensible and almost Prescient of this Event Neither did there want a Concurrence of divers Rare externall Circumstances besides the Vertues and Conditions of the Person which gave great Reputation to this Succession Aâ— King in the strength of his years supported with great Alliances abroad established with Royall Issue at home at Peace with all the World practised in the Regiment of such a Kingdome as mought rather enable a King by variety of Accidents then corrupt him with Affluence or vain glory And One that besides his universall Capacity and Judgement was notably exercised and practised in Matters of Religion and the Church Which in these times by the confused use of both Swords are become so intermixed with Considerations of Estate as most of the Counsailes of Soveraign Princes or Republiques depend upon them But nothing did more fill Forraign Nations with Admiration and Expectation of his Succession then the wonderfull and by them unexpected Consent of all Estates and Subjects of England for the receiving of the King without the least scruple Pause or Question For it had been generally dispersed by the Fugitives beyond the Seas who partly to apply themselves to the Ambition of Forreiners And partly to give Estimation and value to their own Employments used to represent the state of England in a false light That after Queen Elizabeths Decease there must follow in England nothing but Confusions Interregâ—s and perturbations of Estate likely for to exceed the Ancient Calamities of the Civill Wars between the Houses of Lancaster and York By how much more the Dissentions were like to be more Mortall and Bloudy when Forraign Competition should be added to Domesticall And Divisions for Religion to Matter of â—itle to the Crown And in speciall Parsons the Iesuite under a disguised Name had not long before published an expresse Treatise Wherein whether his Malice made hâ—m believe his own Fancies Or whether he thought it the fittest way to move Sedition Like evill Spirits which seem to foretell the Tempest they mean to move He laboured to display and give colour to all the vain Pretences and Dreams of Succession which he could imagine And thereby had possessed Many abroad that knew not the Affaires here with those his Vanities Neither wanted there here within this Realm divers Persons both Wise and well affected who though they doubted not of the undoubted Right yet setting befoâ—e themselves the waves of peoples Hearts Guided no lesse by suddain and temporary Winds then by the naturall Course and Motion of the Waters Were not without fear what mought be the Event For Queen Elizabeth being a Prince of extream Caution and yet One that loved Admiration above Safety And knowing The Declaration of a Successour mought in point of Safety be disputable But in point of Admiration and Respect assuredly to her Disadvantage Had from the beginning set it down for a Maxime of Estate to impose a Silence touching Succession Neither was it onely Reserved as a Secret of Estate but Restrained by severe Lawes That no Man should presume to give Opinion or maintain Argument touching the same So though the Evidence of Right drew all the Subjects of the Land to think one Thing yet the Fear of Danger of Law made no Man privy to others Thought And therefore it rejoyced all Men to see so fair a Morning of a Kingdome and to be throughly secured of former Apprehensions As
Affection and Intention For I hold it for a Rule that there belongeth to great Monarchs from Faithâ—ull Servants not onely the Tribute of Duty but the Oblations of cheerfulnesse of Heart And so I pray the Almighty to blesse this great Action with your Majesties Care And your Care with Happy Successe ADVICE TO THE KING TOUCHING Mr. SUTTONS ESTATE May it please Your MAIESTY I Find it a Positive Precept of the Old Law That there should be nâ— Sacrifice without Salt The Morall whereof besides the Ceremony may be That God is not pleased with the Body of a good Intention Except it be seasoned with that Spirituall Wisedome and Iudgement as it be not easily Subject to be corrupted and perverted For Salt in the Scripture is a Figure both of Wisedome and Lasting This commeth into my Mind upon this Act of Mr. Sutton Which seemeth to me as a Sacrifice without Salt Having the Materials of a Good Intention but not powdred with any such Ordinances and Institutions as may preserve the same from turning Corrupt Or at least from becomming Vnsavoury and of little Vse For though the Choice of the Feoffees be of the best yet neither can they alwayes live And the very Nature of the Work it self in the vast and unfâ—â— Proportions thereof being apt to provoke a Mis-imployment It is no Diligence of theirs except there be a Digression from that Modell that can excuse it from running the same way that Gifts of like Condition have heretofore done For to desigâ— the Charter-house a Building fit for a Princes Habitaâ—ion for an Hospitall Is all one as if one should give in Almes a Rich Embroydeâ—ed â—loak to a Beggar And certainly a Man may see Tanquam quae Oculâ—s Cernuntur that if such an Edifice with Six Thousand pounds Revenue be erected into one Hospitall It will in small time degenerate to be made a preferment of some great Person to be Master and he to take all the sweet and the Poor to be stinted and take but the Crums As it comes to passe in divers Hospitals of this Realm Which have but the Names of Hospitalls and are but wealthy Beneficeâ— in respect of the Mastership But the Poor which is the Propter quid little relieved And the like hath been the Fortune of much of the Almes of the Roman Religion in the Great Foundations which being begun in Vain-Glory and Ostentationâ— have had their Judgement upon them to end in Corruption and Abuse This Meditation hath made me presume to write these few Lines to your Majesty Being no better â—hen good Wishes which your Majesties great Wisedom may make some thing or Nothing of Wherein I desire to be thus understood That if this Foundation such as it is be perfect and Good in Law Then I am too well acquainted with your Majesties Disposition to advise any Course of power or Profit that is not grounded upon a Right Nay further if the Defects be such as a Court of Equiâ—y may Remedy and Cure Then I wish that as Saint Peterâ— shadow did cure Diseases So the very shadow of a Good Intention may cure Defects of that Nature But if there be a Right and Birth-right planted in the Heir And not Remediable by Courts of â—quity And that Right be submitted to your Majesty Whereby it is both in your power and Grace what to do Then I do wish that this rude Masse and Chaosâ— of a Good Deed were directed rather to a Solide Merit and Durable Charity then to a Blaze of Glory that will but crackle a little in Talk and quickly extinguish And this may be done observing the Species of Mr. Suttons Intent though varying in Individuo For it appeares that he had in Notion a Triple Good An Hospitall And a Schoole And Maintaining of a Preacher Which Individualls refer to these Three Generall Heads Relief of Poore Advancement of Learning And Propagation of Religion Now then if I shall set before your Majesty in every of these Three Kindes what it is that is most wanting in your Kingdome And what is like to be the most Fruitfull Effectuall use of such a Beneficence and least like to be perverted That I think shall be no ill Scope of my Labour how meanly soever performed For out of Variety represented Election may be best grounded Concerning the Relief of the Poore I hold some Number of Hospitalls with Competent Endowments will do far more good then one Hospitall of an Exorbitant Greatnesse For though the one Course will be the more Seene yet the other will be the more Felt. For if your Majesty erect many besides the observing the Ordinary Maxime Bonum quo communius eo melius choice may be made of those Townes and Places where there is most Need And so the Remedy may be Distributed as the Disease is Dispersed Again Greatnesse of Reliefe accumulate in one place doth rather invite a Swarm and Surcharge of Poore then relieve those that are naturally bred in that place Like to ill tempred Medicines that draw more Humour to the Part then they Evacuate from it But chiefly I rely upon the Reason that I touched in the Beginning That in these Great Hospitalls the Revenues will draw the Vse and not the Vse the Revenues And so through the Masse of the Wealth they will swiftly tumble down to a Misemployment And if any Man say that in the Two Hospitalls in London there is a President of Greatnesse concurring with Good Employment Let him consider that those Hospitalls have Annuall Governers That they are under the Superiour Care and Policy of such a state as the City of London And chiefly that their Revenues consist not upon Certainties but upon Casualties and Free Gifts Which Gifts would be with-held if they appeared once to be perverted So as it keepeth them in a continuall Good Behaviour and Awe to employ them aright None of which Points do match with the present Case The next ConsideratioÌ„ may be whether this intended Hospital as it hath a more ample Endowment then other Hospitals have should not likewise work upon a better Subject then other Poore As that it should be converted to the Relief of Maimed Souldiers Decayed Merchants Householders Aged and Destitute Church-men and the like Whose Condition being of a better sorâ— then loose People Begâ—gars deserveth both a more Liberal Stipend Allowance and some proper place of Relief not intermingled or coupled with the Basest Sort of Poore Which Project though Specious yet in my Judgement will not answer the Designment in the Event in these our Times For certainly few Men in any Vocation which have been some Body and beare a Mind somewhat according to the Conscience and Remembrance of that they have been will ever descend to that Condition as to professe to live upon Almes and to become a Corporation of Declared Beggars But rather will choose to live Obscurely and as it were to hide themselves with some private Friends So that the End of
Baron of Verulam Viscount Saint Alban LONDON Printed by Sarah Griffin for William Lee and are to be sold at his Shop in Fleetstreet at the sign of the Turks-head neer the Mitre Tavern 1657. A SPEECH IN PARLIAMENT Elizabeth 39. UPON THE MOTION of SVBSIDY AND please you Mr. Speaker I must consider the Time which is spent yet so as I must consider also the Matter which is great This great Cause was at the first so materially and weightily propounded And after in such sort perswaded and enforced And by Him that last spake so much time taken and yet to good purpose As I shall speak at a great disadvantage But because it hath been alwayes used and the Mixture of this House doth so require it That in Causes of this Nature there be some Speech and Opinion as well from persons of Generallity as by persons of Authority I will say somewhat and not much wherein iâ— shall not be fit for me to enter into or to insist upon secrets either of her Majestiesâ—offers â—offers or of her Councell but my Speech must be of a more vulgar Nature I will not enter Mr. Speaker into a laudative Speech of â—he high and singular Benefits which by her Majesties most politick and happy Government we receive thereby to incite you to a Retribution partly because no breath of Man can set them forth worthily and partly because I know hâ—r Maâ—esty in her Magnanimity doth bestow her benefits like her fâ—ee'st Pattents absque aliquo inde reddendo Not looking for any thing again iâ— it were in respect only of her particular but Love and Loyalty Neither will I now aâ— this time put the case of this Realm of England too precisely How it standeth with the Subject in point of payments to the Crown Though I could make it appear by Dâ—monstration what opinion soever be conceivâ—d that never Subjects were partakers of greater Freedome and Ease And that whether you look abroad into other Countries at this present timeâ— or look back to former Times in this our own Countrey we shall find an exceeding Difference in matter â—f Taxes which now I reserve to mention not so much in doubt to acquaint your Ears with Forrain Sâ—rains or to digge up the Sepulâ—hers â—f Buried and Forgotten Impositions which in this case as by way of Comparison it is necessary you understand But because Speech in the House is â—it to perswade the generall point And particularity is more proper and seasonable for the Commâ—ttee Neither will I make any Observations upon her Majesâ—ies manner of expending and issuing Treasure being not upon â—xcâ—ssive and exoâ—bitant Donatives nor upon sumptuous and unnecessary Triuâ—phâ— Buildings or like Magnificence but upon the Preservation Protection and Honâ—ur of the Realm For I dare noâ— scan upâ—n heâ— Majesties Aâ—â—ion whâ—ch it becomemeth me rather to admire in silence then to gloss or discourse upon them though with never so good a meaning Sure I am â—hat the Treasure that commeth from you to hâ—r Majesâ—y is but as a Vapour which â—iseth from the Earth and gatherâ—th into a Cloud and stayeth not there long but upon the same Earth it falleth again and what if some drops of this do fall upon â—rance or Flaunders It is like a sweet Odour of Honour and Reputation to our Nation throughout the World But I will onely insist upon the Naturall and Inviolate Law of Preservation It is a Truth Mr. Speaker and a familiar Truth that safety and preservation is to be preferred before Benefit or Encrease In as much as those Counsels which tend to preservation seem to be attended with necessity whereas those Deliberations which tend to Benefit seem onely accompanied with perswasion And it is ever gain and no loss when at the foot of he account theâ—e remains the purchase of safety The Prints of this are every where to be found The Patient will ever part with some of his Bloud to save and clear the rest The Sea-faring Man will in a Storm cast over some of his Goods to save and assure the rest The Husband-man will afford some Foot of Ground for his Hedge and Ditch to fortifie and defend the rest Why Mr. Speaker the Disputer will if he be wise and cunning grant somewhat that seemeth to make against him because he will keep himself within the strength of his opinion and the better maintain the rest But this Place advertiseth me not to handle the Matter in a Common Place I will now deliver unto you that which upon a probatum est hath wrought upon my self knowing your Affections to be like mine own There hath fallen out since the last Parliament four Accidents or Ocurrents of State Things published and known to you all by every one whereof it seemeth to me in my vulgar understanding that the danger of this Realm is encreased Which I speak not by way of apprehending fear For I know I speak to English Courages But by way of pressing Provision For I do find Mr. Speaker that when Kingdomes and States are entred into Tearms and Resolutions of Hostility one against the other yet they are many times restrained from their Attempts by four Impediments The first is by this same Aliud agere when they have their Hands full of other Matters which they have embraced and serveth for a diversion of their Hostile purposes The next is when they want the Commodity or opportunity of some places of near Approach The third when they have conceived an apprehension of the Difficulty and churlishness of the enterprise and that it is not prepared to their Hand And the fourth is when a State through the Age of the Monarch groweth heavy and indisposed to actions of great Perill and Motion and this dull Humour is not sharpened nor inflamed by any provocations or scorns Now if it please you to examin whither by removing the Impediments in these four kinds the Danger be not grown so many degrees nearer us by accidents as I said fresh and all dated since the last Parliament Soon after the last Parliament you may be pleased to remember how the French King revolted from his Religion whereby every Man of common understanding may infer that the Quarrell between France and Spain is more reconcileable And a greater inclination of affairs to a peace than before which supposed it followeth Spain shall be more free to intend his Malice against this Realm Since the last Parliament it is also notorious in every mans knowledge and remembrance That the Spaniards have possessed themselves of that Avenue and place of approach for England which was never in the Hands of any King of Spain before And that is Callais which in true Reason and Consideration of estate of what value or service it is I know not but in common understanding it is a knocking at our Doors Since the last Parliament also that Ulcer of Ireland which indeed brake forth before hath run on and raged more which cannot but be a great
so long an Intermission it should light upon this Fellow Being a person but contemptible A kind of venemous fly And a Hang by of the Seminaries The Second is the Nature of this Treason as concerning the Fact which of all kinds of compassing the Kings Death I hold to be the most perillous And as much differing from other Conspiracies as the lifting up of a 1000 Hands against the King like the Giant Briareus differs from lifting up one or a few Hands The Third Point that I will speak unto is the Doctrine or Opinion Which is the Ground of this Treason Wherein I will not argue or speak like a Divine or Scholler But as a Man bred in a Civill Life And to speak plainly I hold the Opinion to be such that deserveth rather Detestation then Contestation The Fourth Point is the Degree of this Mans Offence which is more presumptuous then I have known any other to have fallen into in this kind And hath a greater Overflow of Maliceâ— and Treason And Fifthly I will remove somewhat that may seem to qualifie and extenuate this Mans Offence in that he hath not affirmed simply That it is lawfull to kill the King but conditionally that if the King be Excommunicate it is lawfull to kill him which maketh little Difference either in Law or Perill For the Kings Clemency I have said it of late upon a good Occasion And I still speak it with comfort I have now served his Majestie Solliciter and Atturney eight years and better yet this is the first time that ever I gave in Evidence against a Traytor at this Barr or any other There hath not wanted Matter in that Party of the Subjects whence this kind of Offence floweth to irritate the King He hath been irritated by the Powder Treason which might have turned Judgement into Fury He hath been irritated by wicked and monstrous Libels Irritated by a generall Insolency and presumption in the Papists throughout the Land And yet I see his Majesty keepeth Caesars Rule Nil malo quam â—os esse similes sui memei He leaveth them to be like themselves And he remaineth like Himself And striveth to overcome Evill with Goodness A strange thing Bloudy Opinions Bloudy Doctrines Bloudy Examples and yet the Government still unstained with Bloud As for this Owen that is brought in question though his Person be in his Condition contemptible yet we see by miserable Examples That these Wretches which are but the Scum of the Earth have been able to stir Earth-quakes by Murthering of Princes And if it were in case of Contagion As this is a Contagion of the Heart and Soul A Raskall may bring in a Plague into the Citty as well as a great Man So it is not the Person but the Matter that is to be considered For the Treason it self which is the second Point my Desire is to open it in the Depth thereof if it were possible But it is bottomelesse And so the Civill Law saith Conjurationes omnium pâ—oditionum odiosissimae perniciosissimae Against Hostile Invasions and the Adherence of Subjects to â—nemies Kings can arm Rebellions must go over the Bodies of many good Subjects before they can hurt the King but Conspiracies against the Persons of Kings are like Thunder-bolts that strike upon the suddain hardly to be avoyded Major metus à singulis saith he quam ab universis There is no Preparation against them And that Preparation which may be of Guard or Custody is a perpetuall Misery And therefore they that have written of the Priviledges of Ambassadours and of the Amplitude of Safeâ—Conducts have defined That if an Ambassadour or a Man that commeth in upon the highest safe-Conducts do practise Matter of Sedition in a State yet by the Law of Nations he ought to be remanded But if he conspire against the Life of a Prince by violence or Poyson he is to be justiced Quia odium est omni Privilegio Majus Nay even amongst Enemies and in the most deadly Wars yet neverthelesse Conspiracy and Assassinate of Princes hath been accounted villanous and execrable The Manners of Conspiring and compassing the Kings Death are many But it is most apparent that amongst all the rest this surmounteth First because it is grounded upon pretenced Religion which is a Trumpet that enflameth the Heart and Powers of a Man with Daring and Resolution more than any Thing else Secondly it is the Hardest to be avoided For when a particular Conspiracy is plotted or Attempted against a King by some one or some few Conspiratours it meets with a Number of Impediments Commonly he that hath the Head to devise it hath not the Heart to undertake it And the Person that is used sometime faileth in Coâ—rage sometime faileth in Opportunity sometimes is touched with Remorce But to publish and maintain that it may be lawfull for any Man living to attempt the Life of a King this Doctrine is a Venomous Sop Or as a Legion of Malign Spirits Or an universall Temptation Doth enter at once into the Hearts of all that are any way prepared or of any Predisposition to be Traytors So that whatsoever faileth in any one is supplied in Many If one Man faint another will dare If one man hath not the Opportunity another hath If one Man Relent another will be Desperate And Thirdly particular Conspiracieâ— have their Periods of Time within which if they be not taken they vanish But this is endless and importeth Perpetuity of springing Conspiracies And so much concerning the Nature of the Fact For the Third Point which is the Doctrine That upon an Excommunication of the Pope with sentence of Deposing A King by any Son of Adam may be slaughtered And that it is Iustice and no Murther And that their Subjects are absolved of their Allegeance And the Kings themselves exposed to spoyl and Prey I said before that I would not argue the subtilty of the Question It is rather to be spoken too by way of Accusation of the Opinion as Impious then by way of Dispute of it as Doubtfull Nay I say it deserveth rather some Holy-war or League amongst all Christian Princes of either Religion for the Extirpating and Razing of the Opinion and the Authors thereof from the face of the Earth Then the Stile of Pen or Speech Therefore in thiâ— kind I will speak to it a few words and not otherwise Nay I protest if I were a Papist I should say as much Nay I should speak it perhaps with more â—ndignation and Feeling For this Horrible Opinion is our Advantage And it is their Reproach And will be their Ruine This Monster of Opinion is to be accused of Three most evident and most miserable Slanders First of the Slander it bringeth to the Christian Faith Being a plain plantation of Irreligion and Atheism Secondly the Subversion which it introduceth into all Pollicy and Government Thirdly the great Calamity it bringeth upon Papists themselves Of which the more Moderate sort
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
and Felicity Denied to his Progenitors and Reserved to his Times The Work is not yet conducted to perfection but is in fair Advance And this I will say confidently that if God blesse this Kingdom with Peace and Justice No Usurer is so sure in seven years space to double his Prâ—ncipall with Interest And Interest upon Interest As that Kingdom is within the same time to double the stock both of Wealth and People So as that Kingdom which once within these Twenty years Wise men were wont to doubt whether they should wish it to be in a Poole Is like now to become almost a Garden And younger Sister to Great Britain And therefore you must set down with your self to be not only a just Governer and a good Chief Iustice as if it were in England But under the King and the Deputy you are to be a Master Builder and a Master Planter and Reducer of Ireland To which end I will trouble you at this time but with Three Directions The First is that you have speciall care of the Three Plantations That of the North which is in part acted That of Weshford which is now in Distribution And that of Longford and Letrim which is now in survey And take this from me That the Bane of a Plantation is when the Vndertakers or Planters make such hast to a little Mechanicall present profit as disturbeth the whole Frame and noblenesse of the work for Times to come Therefore hold them to their Covenants and the strict Ordinances of Plantation The Second is that you be carefull of the Kings Revenew And by little and little constitute him a good Demeasn if it may be Which hitherto is little or none For the Kings Case is hard when every Mans Land shall be improved in value with increase manifold And the King shall be tied to his Dry Rent My last Direction though first in weight is that you do all good Endeavours to proceed resolutely and constantly and yet with due Temparance and Equality in Matters of Religion least Ireland Civill become more dangerous to us then Ireland Savage So God give you Comfort of your Place After Sir William Iones Speech I had forgotten one Thing which was this You may take exceeding great Comfort that you shall serve with such a Deputy One that I think is a Man ordain'd of God to do great Good to that Kingdome And this I think good to say to you That the true Temper of a Chief Iustice towards a Deputy is Neither servilly to second him nor factiously to oppose him The Lord Keepers Speech in the Exchecquer to Sir John Denham when he was called to be one of the Barons of the Exchecquer SIR Iohn Denham the King of his grace and favour hath made choice of you to be one of the Barons of the Exchecquer To succeed to one of the gravest and most Reverend Iudges of this Kingdome For so I hold Baron Altham was The King takes you not upon Credit but Proof and great Proof of your former Service And that in both those kinds wherein you are now to serve For as you have shewed your self a good Iudge beween party and party so you have shewed your self a good Administer of the Revenue Both when you were Chief Baron And since as Counseller of Estate there in Ireland where the Counsell as you know doth in great part mannage and messuage the Revenew And to both these Parts I will apply some Admonitions But not vulgar or discursive But apt for the Times and in few words For they are best remembred First therefore above all you ought to maintain the Kings Prerogative And to set down with your self that the Kings Prerogative and the Law are not two Things But the Kings Prerogative is Law And the Principall Part of the Law The First-Born or Pars Prima of the Law And therefore in conserving or maintaining that you conserve and maintain the Law There is not in the Body of Man one Law of the Head and another of the Body but all is one Entire Law The next Point that I would now advise you is that you acquaint your self diligently with the Revenew And also with the Ancient Recordâ— and Presidents of this Court. When the famous Case of the Copper Mines was argued in this Court And judged for the King It was not upon the fine Reasons of Witt As that the Kings Prerogative drew to it the chief in quaque specie The Lion is the chief of Beasts The Eagle the chief of Birds The Whale the chief of Fishes And so Copper the chief of Minerals For these are but Dalliances of Law Ornaments But it was the grave Records and Presidents that grounded the Iudgement of that Cause And therefore I would have you both guide and arm your self with them against these Vapours and Fumes of Law which are extracted out of Mens Inventions and Conceits The third Advice I will give you hath a large Extent It is that you do your Endeavour in your place so to mannage the Kings Iustice and Revenue as the King may have most Profit and the Subject least vexation For when there is much vexation to the Subject and little Benefit to the King then the Exchecquer is Sick And when there is Much Benefit to the King with lesse Trouble and vexation to the Subject then the Exchecquer is sound As for Example If there shall be much Racking for the Kings old Debts And the more Fresh and Late Debts shall be either more negligently called upon or over easily discharged or over indulgently stalled Or if the Number of Informations be many and the Kings Part or Fines for Compositions a Trifle Or if there be much ado to get the King new Land upon Concealments and that which he hath already be not well known and surveyed Nor the woods preserved I could put you many other Cases this fals within that which I term the sick Estate of the Exchecquer And this is that which makes every Man ready with their Undertakings and their Projects to disturb the ancient Frame of the Exchecquer Then the which I am perswaded there is not a better This being the Burthen of the Song That much goeth out of the Subjects Purse And little commeth to the Kings Purse Therefore give them not that Advantage so to say Sure I am that besides your own Associates the Barons you serve with two superiour Great Officers that have Honourable and true Ends And desire to serve the King and right the Subject There resteth that I deliver you your Patent His Lordships Speech in the Common Pleas to Justice Hutton when he was called to be one of the Judges of the Common Pleas. Mr. Serjeant Hutton THe Kings most Excellent Majesty being duly enformed of your Learning Integrity Discretion Experience Meanes and Reputation in your Countrey Hath thought fit not to leave you these Talents to be employed upon your self onely But to call you to serve Himself and his
adde further that during this inward Peace of so many years in the Actions of War before mentioned which her Majesty either in her own Defence or in Iust and Honourable Aides hath undertaken The Service hath been such as hath carried no Note of a People whose Militia were degenerated through Long Peace But hath every way answered the ancient Reputation of the English Arms. The fourth Blessing is Plenty and Abundance And firstâ— for Grain and all Victualls there cannot be more evident Proof of the Plenty then this That whereas England was wont to be â—ed by oâ—her Countries from the East it sufficeth now to feed other Countries So as we do mâ—ny times transport and serve sundry Forrain Countries And yet there was never the like Multitude of People to eat iâ— within the Realm Another evident Proof thereâ—f may be that the good yields of Corn which have been together with some Tolleration of Vent hath of late time invited and enticed Men to break up more Ground and to convert it to Tillage then all the Penal Laws for that purpose made and enacted could ever by Compulsion effect A third Proof may be that the Prices of Grain and Victuall were never of late years more Reasonable Now for Arguments of the great wealth in all other Respects let the Points following be considered There was never the like Number of fair and Stately Hâ—uses as have been built and set up from the Ground since her Majesties Raign Insomuch that there have been reckoned in one Shire that is not great to the Number of 33 Which have been all new built within that time And whereof the Meanest was never built for two Thousand pounds There were never the like Pleasures of goodly Gardens and Orchards Walks Pooles and Parks as do adorn almost every Mansion House There was never the like Number of Beautifull and Costly Tombes and Monuments which are erected in sundry Churches in Honourable Memory of the Dead There was never the like Quantity of Plate Iewels Sumptuous Moveables and Stuff as is now within the Realm There was never the like Quantity of Wast and unprofitable Ground Inned Reclaimed and Improved There was never the like Husbanding of all Sorts of Groundâ— by Fencing Manuring and all kinds of good Husbandry The Towns were never better built nor peopled Nor the principall Faires and Markets never better customed nor frequented The Commodities and Ease of Rivers cut by hand and brought into a new Channell Of Peeres that have been built Of Waters that have been forced and brought against the Ground were never so many There was never so many excellent Artificers nor so many new Handy-Crafts used and exercised Nor new Commodities made witâ—in the Realm Sugar Paper Glasse Copper divers Silks and the like There was never such Compleat and Honourable Provision of Horse Armour Weapons Ordnance of the Warr. The Fifth Blessing hath been the great Population and Multitude of Families encreased within her Majesties dayes For which Point I refer my Self to the Proclamations of Restraint of Building in London The Inhibition of Inmates of sundry Citties The Restraint of Cottages by Act of Parliament And sundry other Tokens of Record of the Surcharge of People Besides these parts of a Government blessed from God wherein the Condition of the People hath been more happy in her Majesties Times then in the Times of her Progenitours There are certain Singularities and Particulars of her Majesties Raign whereiâ— I do not say that we have enjoyed them in a more ample Degree and Proportion then in former Ages As it hath fallen out in the Points before mentioned But such as were in Effect unknown and untasted heretofore As first the Purity of Religion which is a Benefit Inestimable And was in the time of all former Princes untill the dayes of her Majesties Father of Famous Memory unheard of Out of which Purity of Religion have since ensued beside the principall Effect of the true Knowledge and Worship of God three Points of great Consequence unto the Civill Estate One the stay of a mighty Treasure within the Realm which in foretimes was drawn sorth to Rome Another the Dispersingâ— and Distributionâ— of those Revenues Amounting to a Third part of the Land of the Realm And that of the goodliest and the richest sort which heretofore was unproâ—itably spent in Monasteries Into such Hands as by whom the Realm receiveth at this day Service and Strength And many Great Houses have been set up and augmented The Third the Mannaging and Enfrâ—nchising of the Regall Dignity from the Recognition of a Forraign Superior All which Points though begun by her Father and continued by her Brother were yet neverthelesse â—fter an Eclipse or Inteâ—mission Restored and Reestablished by her Majesties Self Secondly the Fineness of Money For as the Purging away of the Drosse of Religion the Heavenly Treasure was common to her Majesty with her Father and her Brother So the Purging of the Baâ—e Monâ—y the â—arthly Treasure hath been altogether proper to her Majesties own Times Whereby our Moneys bearing the Naturall Estimation of the Stamp or Mark both every Man resteth assured of his own vallew and free from the losses and Deceits which fall out in other places upon the Rising and Falling of Moneys Thirdly the Might of the Navy and Augmentation of the Shipping of the Realm which by politique Constitutions for Maintenance of â—ishing And the Encouragement and Assistance given to the undertakers of New Discoveries and Trades by Sea is so advanced as this Island is become as the Naturall Scite thereof deserveth the Lady of the Sea Now to passe from the Comparison of Time to the Comparison of place We may find in the States abroad Cause of Pitty and Compassion in some But of Envy or Emulation in none Our Condition being by the good Favour of God not Inferiour to anâ— The Kingdome of France which by reason of the Seat of the Empire of the West was wont to have the precedence of the Kingdomes of Europe is now fallen into those Calamities that as the Prophet saith From the Crown of the Head to the Soal of the Foot there is no whole place The Divisions are so many and so intricate of Protestants and Catholicks Royalists and Leaguers Burbonists and Lorainists Patriots and Spanish As it seemeth God hath some great Work to bring to passe upon that Nation yea the Nobility divided from the Third Estate And the Towns from the Field All which Miseries truly to speak have been wrought by Spain and the Spanish Faction The Low-Countries which were within the Age of a young Man the Richest the best Peopled and the best Built Plots of Europe are in such Estate as a Countrey is like to be in that hath been the Seat of thirty years War And although the Sea-Provinces be rather encreased in Wealth and Shipping then otherwise yet they cannot but mourn for their Distraction from
Master of his own Valuation and the least bitten in his Purse of any Nation of Europe Nay even at this Instant in the Kingdome of Spain notwithstanding the Pioners do still work in the Indian Mines the Iesuites most play the Pioners and Mine into the Spaniards Purses And under the Colour of a Ghostly Exhortation contrive the greatest Exaction that ever was in any Realm Thus much in Answer of these Calumniations I have thought good to note touching the present state of England which state is such that whosoever hath been an Architect in the Frame thereof under the Blessing of God and the Vertues of our Soveraign needed not to be ashamed of his Work 3. Of the Proceedings against the pretended Catholiques Whether they have been Violent or Moderate and Necessary I Find her Majesties Proceedings generally to have been grounded upon two Principles The one That Consciences are not to be Forced but to be Wonn and reduced by the Force of Truth by the Aide of Time and the Vse of all good Meanes of Instruction or Perswasion The other That Causes of Conscience when they exceed their Bounds and prove to be Matter of Faction leese their Nature And that Soveraign Princes ought distinctly to punish the Practise or Contempt though coloured with the Pretences of Conscience and Religion According to these two Principles her Majesty at her Comming to the Crown utterly disliking of the Tyranny of the Church of Rome which had used by Terrour and Rigour to seek Commandement over Mens Faiths and Consciences Although as a Prince of great Wisdome and Magnanimity she suffered but the Exercise of one Religion yet her Proceedings towards the Papists was with great Lenity Expecting the good Effects which Time might work in them And therefore her Majesty revived not the Lawes made in 28º and 35º of her Fathers Raign Whereby the Oath of Supremacy mought have been offered at the Kings Pleasure to any Subject though he kept his Conscience never so modestly to himself And the Refusall to take the same Oath without Further Circumstance was made Treason But contrariwise her Majesty not liking to make Windowes into Mens Hearts and Secret Thoughts Except the Abundance of them did overflow into Ouvert and Expresse Acts and Affirmations Tempered her Law so as it restraineth only manifest Disobedience in impugning and impeaching advisedly and ambitiously her Majesties supream pâ—wer And Maintaining and Extolling a Forrain Iurisdâ—ction And as â—or the Oath it was altred by her Majesty into a more gratâ—â—ull Form the Harshâ—esse of the Name and Appellation of Suprâ—â—m Head was removed And the Penalty of the Reâ—usall thereof â—urned into a Disablement to take any Promotion or to exercise any charge And yet that with a Liberty of being Revested therein if any Man shall accept thereof during his Life But after many years Toleration of a Multitude of Factioâ—s Papists When Pius Quintus had Excommunicated her Majâ—sty And the Bill of Excommunication was published in London Whereby her Majesty was in a sort proscribed and all her Subjects drawn upon pain of Damnation from her Obedienâ—e And that therâ— upon as upon a Principall Motive or Preparative followed the Rebellion in the North yet notwithstanding because many of those Evill Humours were by that Rebellion partly purged And that she feared at that time no Forrain Invasion And much lesâ— the Attempts of any within the Realm not backâ—d by some Foâ—rain Succours from without she contented her self to make a Law against that speciall Case of Bringing in or publishing of Bulls or the like Instruments Whereunto was added a Prohibition not upon Pain of Treason but of an Inferiour Degree of â—unishment against bringing in of Agnus Dei's Hallowed Beades and such other Merchandise of Rome As are well known not to be any Essentiall Part of the Roman Religion but only to be used in practise as Love-Tokens to enchant and bewitch the peopleâ— Affections from their Allegeance to their Naturall Soveraign In all other Points her Majesty continuedâ— her former Leniâ—y But when about the 20th year of her Raign she had discovered in the King of Spain an Intention to Invade her Dominions And that a principall Point of the Plot was to prepare a Party within the Realm that mought adhere to the Forrainer And that the Seminaries began to blossome and to send forth dayly Priests and professed Men who should by vow taken at Shrifâ— reconcile her Subjects from her Obedience yea and bind many of them to attempt against her Majesties Sacred Person And thaâ— by the Poyson they spred the Humours of most Papists were altred And that they were no more Papists in Custome but Pâ—pists in Treasonable Faction Then were there New Lawes made foâ— the punishment of such as should submit themselves to Reconcilements or Renunciations of Obedience For it is to be understood that this Manner of Reconcilement in Confession is of the same Nature and Operation that the Bull it self was of with this onely difference That whereas the Bull assoyled the Subjects from their Obedience at once the other doth it one by one And therefore it is both more Secret more Insinuative into the Conscience being joyned with no lesse Matter then an Absolution from Mortall Sin And because it was a Treason carried in the Cloudes and in wonderfull Secresie and came seldome to Light And that there was no Presumption thereof so great as the Recusants to come to Divine Service because it was set down by their Decrees That to come to Church before Reconcilement was to live in Schism but to come to Church after Reconcilement was absolutely Hereticall and Damnable Therefore there were added new Lawes containing a Punishment pecuniary against the Recusants Not to enforce Consciences but to Enfeeble those of whom it rested Indifferent and Ambiguous whether they were reconciled or no For there is no doubt but if the Law of Recusancy which is challeâ—ged to be so Extream and Rigorous were thus qualified That any Recusant that shall voluntarily come in and take his Oath that He or She were never reconciled should immediatly be discharged of the Penalty and Forfeiture of the Law They would be so far from liking well of that Mitigation as they would cry out it was made to entrap them And when notwithstanding all this provision this Poyson was dispersed so secretly as that there was no Meanes to stay it but to restrain the Merchants that brought it in Then was there lastly added a Law whereby such Seditious Priests of the New Erection were exiled And those that were at that time within the Land shipped over And so commanded to keep hence upon Pain of Treason This hath been the Proceeding with that Sort though intermingled not onely with sundry Examples of her Majesties Grace towards such as in her wisdome she knew to be Papists in Conscience and not in Faction But also with an extraordinary Mitigation towards the Offenders in the Highest Degree convicted by Law if they would
hath proved Concluded as the Spaniards are great Waiters upon Time ground their Plots deep upon two Points The one to profess an extraordinary Patronage Defence of the Roman Religion making account thereby to have Factions in both Kingdoms In England a Faction directly against the State In France a Faction that did consent indeed in Religion with the King and therefore at first shew should seem unproper to make a Party for a Forreiner But he foresaw well enough that the King of France should be forced to the end to retain Peace and Obedience to yeeld in some things to those of the Religion which would undoubtedly alienate the Fiery and more violent sort of Papists Which Preparation in the People added to the Ambition of the Family of Guise which he nourished â—or an Instrument would in the end make a Party for him against the State as since it proved and mought well have done long before As may well appear by the Mention of League and Associations which is above 25. years old in France The other Point he concluded upon was That his Low-Countries was the aptest place both for Ports and Shipping in respect of England And for Sciâ—uation in respect of France having goodly Frontier Townes upon that Realm And joyning also upon Germany whereby they might receive in at Peasure any Forces of Almaines To annoy and offend either Kingdom The Impediment was the Inclination of the People which receiving a wonderfull Commodity of Trades out of both Realmes especially of England And having been in ancient League and Confederacy with our Nation And having been also Homagers unto â—rance He knew would be in no wise disposed to either War Whereupon he resolved to reduce them to a Martiall Government Like unto that which he had established in Naples and Millain upon which suppression of their Liberties ensued the Defection of those Provinces And about the same time the Reformed Religion found entâ—ance in the same Countries So as the King enflamed with the Resistance he found in the first Part of his Plots And also because he mought not dispense with his other Principle in yielding to any Toleration of Religion And withall expecting a shorter work of it then he found Became passionatly bent to Reconquer those Countries Wherein he hath consumed infinite Treasure and Forces And this is the true Cause if a Man will look into it that hath made the King of Spain so good a Neigbbour Namely that he was so entangled with the Wars of the Low-Countries as he could not intend any other Enterprise Besides in Enterprizing upon Italy he doubted first the Displeasure of the See of Rome with whom he meant to run a Course of strait Conjunction Also he doubted it might invite the Turk to return And for Germany he had a fresh Example of his Father who when he had annexed unto the Dominions which he now possesseth the Empire of Almaign neverthelesse sunck in that Enterprize whereby he perceived that the Nation was of too strong a Composition for him to deal withall Though not long since by practise he could have been contented to snatch up in the East the Countrey of Emden For Portugal first the Kings thereof were good Sons to the See of Rome Next he had no Colour of Quarrel or pretence Thirdly they were Officious unto him yet iâ— you will believe the Genuese who otherwise writeth much to the Honour and Advantage of the Kings of Spain It seemeth he had a good mind to make himself a way into that Kingdom seeing that for that purpose as he reporteth he did artificially nourish the yong King Sâ—bastian in the Voyage of Affrick expecting that overthrow which followed As for his Intention to warr upon the Inâ—idels and Turks it maketh me think what Francis Guicciardiue a wise writer of History speaketh of his great Grandâ— Father Making a Judgement of him as Historiographers use That he did alwayes mask and vail his Appetites with a Demonstration of a Devout and Holy Intention to the Advancement of the Church and the Publick Good His Father also when he received Advertisement of the taking of the French King prohibited all Ringings and Bonfires and other Tokens of Joy and said Those were to be reserved for Victories upon Infidels On whom he meant never to warre Many a Cruzada hath the Bishop of Rome granted to him and his Predecessours upon that Colour Which all have been spent upon the Effusion of Christian Bloud And now this year the Levies of Germans which should have been made under hand for France were coloured with the pretence of Warr upon the Turk Which the Princes of Germany descrying not onely brake the Levies but threatned the Commissioners to hang the next that should offer the like Abuse So that this Form of Dissembling is Familiar and as it were Hereditary to the King of Spain And as for his Succours given to the French King against the Protestants he could not chuse but accompany the Pernicious Counsels which still he gave to the French Kings of breaking their Edicts and admitting of no Pacification but pursuing their Subjects with Mortall Warre with some Offer of Aides which having promised he could not but in some small Degree perform whereby also the Subject of France namely the violent Papist was enured to depend upon Spain And so much for the King of Spaines proceedings towards other States Now for ours And first touching the Point wherein he charâ—â—th us to be the Authours of Troubles in Scotland and France It will appear to any that have been well enformed of the Memoâ—iâ—s of these Affaires That the Troubles of those Kingdomes were indeed chiefly kindled by one and the same Family of the Guise A Family as was partly touched before as particularly dâ—voted now for many years together to Spain as the Order of the Iâ—suiâ—es is This House of Guise â—aving of late years extraordinarily flourished in the eminent Verâ—ue of a few Persons whose Ambition neverthelesse was nothing inferiour to their vertue But being of a House notwithstanding which the Princes of the Bloud of France reckoned but as strangers Aspired to a Greatness more then Civill and proportionable to their Cause wheresoever they had Authority And accordingly under Colour of Consanguinity and Religion they brought into Scotland in the year 1559 and in the Absence of the King and Queen French Forces in great numbers whereupon the Ancient Nobility of that Realm seeing the imminent danger of Reducing that Kingdome under the Tyranny of Strangers did pray according to the good Intelligence between the two Crowns hâ—r Majesties Neigh â—ourly â—orces And so it is true that the Action being very Just Honourable her Majesty undertook it expelled the Strangers and restored the Nobility to their Degrees and the State to Peace After when Certain Noble-Men of Scotland of the same Faction of â—uâ—se had during the Minority of the King possessed themselves of his Person to the end to abuse his Authority
many wayes And namely to make a Breach between Scotland and England her Majesties Forces were again in the year 1582. by the Kings best and truest Servants sought and required And with the Forces of her Maâ—esty prevailed so far as to be possessed of the Castle of Edenborough the principall part of that Kingdome which neverthelesse her Majesty incontinently with all Honour and Sincerity restored After she had put the King into good and faithfull Hands And so ever since in all the Occasions of Intestine Troubles whereunto that Nation hath been ever subject she hath performed unto the King all possible good Offices and such as he doth with all good Affection acknowledge The same House of Cuise under Colour of Alliance during the Raign of Francis the second and by the Support and practâ—â—â— of the Queen Mother who desiring to retain the Regency under her own Hands during the Minority of Charles the ninth used those of â—uise as a Counterpoise to the Princes of the Bloud obtained also great Authority in the Kingdome of France whereupon having raised and moved Civill Warrs under preâ—ence of Religion But indeed to enfeeble and depresse the Ancient Nobility of that Realm The contrary Part being compounded of the Bloud Royall and the Greatest Officers of the â—rown opposed themselves onely against their Insolency And to their Aides called in her Majesties Forces giving them for security the Town of New-Haven which neverthelesse when as afterwards having by the Reputation of her Majesties Confederation made their Peace in Effect as they would themselves They would without observing any Conditions that had passed have had it back again Then indeed it was held by force and so had been long but for the great Mortality which it pleased God to send amongst our Men. After which time so far was her Majesty from seeking to sowe or kindle New Troubles As continually by the Sollicitation of her Embassadours she still perswaded with the Kings both Charles the 9th and Hen. the 3d to keep and observe their Edicts of Pacification and to preserve their Authority by the Union of their Subjects which Counsell if it had been as happily followed as it was prudently and sincerely given France had been at this day a most Flourishing Kingdome which is now a Theater of Misery And now in the end after that the Ambitious Practises of the same House of Guise had grown to that Ripeness that gathering further strength upon the weakness and Misgovernment of the said King Hen. 3d He was fain to execute the Duke of Guise without Ceremony at Bloys And yet neverthelesse so many Men were embarqued and engaged in that Conspiracy as the Flame thereof was nothing asswaged But contrarywise that King Hen. grew distressed so as he was enforced to implore the Succours of England from her Majesty Though no way interessed in that Quarrell Nor any way obliged for any good offices she had received of that King yet she accorded the same Before the Arrivall of which Forces the King being by a sacrilegious Iacobine murthered in his Camp near Paris yet they went on and came in good time for the Assistance of the King which now raigneth The Justice of whose Quarrell together with the long continued Amity and good Intelligence which her Majesty had with him hath moved her Majesty from time to time to supply with great Aides And yet she never by any Demand urged upon him the putting into her Hands of any Town or Place So as upon this that hath been said let the Reader judge whether hath been the more Just and Honourable Proceeding And the more free from Ambition and Passion towards other States That of Spain or that of England Now let us examine the proceedings reciproque between themselves Her Majesty at her Comming to the Crown found her Realm entangled with the Wars of France and Scotland her nearest Neighbours which Wars were grounded onely upon the Spaniards Quarrell But in the pursuit of them had lost England the Town of Calice Which from the 21. year of King Edward 3 had been possessed by the Kings of England There was a meeting near Burdeaux towards the end of Queen Maries Raign between the Commissioners of France Spain and England and some Overture of Peace was made But broke off upon the Article of the Resâ—itution of Callice After Queen Maries Death the King of Spain thinking himself dischaâ—ged of that Difficulty though in hoâ—our he was no lesse bound to it then before renewed the like Treaty wherein her Majesty concurred so as the Commissioners for the said Princes met at Chasteau Cambraâ—ssi near Cambray In the proceedings of which Treaty it is true that at the first the Commissioners of Spain for form and in Demonstration onely pretended to stand firm upon the Demand of Calliceâ— but it was discerned indeed that the Kings Meaning was after â—ome Ceremonies and perfunctory Insisting thereupon to grow apart to a â—eace with the French excluding her Majesty And so to leave her to make her own Peace after her People Had made his Wars Which Covert Dealing being politickly looked into her Majesty had reason being newly invested in her Kingdom And of her own Inclination being affected to Peace To conclude the same with such Conditions as she mought And yet the King of Spain in his Dissimulation had so much Advantage as she was fain to do it in a Treaty apart with the Frâ—nch whereby to one that is not informed of the Counsels and Treaties of State as they passed it should seem to be a voluntary Agreement of her Majesty whereto the King of Spain would not be party whereas indeed he left her no other choice And this was the first Assay or Earnest penny of that Kings good affection to her Majesty About the same time when the King was sollicited to renew such Treaties and Leagues as had passed between the two Crowns of Spain and England by the Lord Cobham sent unto him to acquaint him with the Death of Queen Mary And afterwards by Sir Thomas Challenor and Sir Thomas Chamberlain successively Embassadours Resident in his Low Countries Who had order divers times during their Charge to make Overtures thereof both unto the King and certain principall persons about him And lastly those former Motions taking no effect By Viscount Montacute and Sir Thomas Chamberlain sent unto Spain in the year 1560 no other Answer could be had or obtained of the King but that the Treaties did stand in as good Force to all Intents as new Ratification could make them An Answer strange at that time but very conformable to his Proceedings since which belike even then were closely smothered in his own Breast For had he not at that time some hidden Alienation of Mind and Design of an Enemy towards her Majesty So wise a King could not be ignorant That the Renewing and Ratifying of Treaties between Princes and States do adde great Life and Force both of Assurance to the parties themselves
no unity in Believing except it be entertained in worshipping Such as were the Controversies of the East and West Churches touching Images And such as are many of those between the Church of Rome and Vs As about the Adoration of the Sacrament and the like But we contend about Ceremonies and Things Indifferent About the Extern Pollicy and Government of the Church In which kind if we would but remember that the Ancient and True Bounds of Unity are One Faith One Baptism And not One Ceremony One Pollicy If we would observe the League amongst Christians that is penned by our Saviour He that is not against us is with us If we could but comprehend that Saying Differentiae Rituum commendant unitatem Doctrinae The Diversities of Ceremonies do set forth the unity of Doctrine And that Habet Religio quae sunt AEternitatis habet quae sunt Temporis Religion hath parts which belong to Eternity and parts which pertain to Time And if we did but know the vertue of silence and slowness to speak commended by Saint Iames Our Controversies of themselves would close up and grow togeâ—her But most especially if we would leave the Overweening and Turbulent Humours of these times And revive the blessed proceeding of the Apostles and Fathers of the Primitive Church which was in the like and greater Cases not to enter into Assertions and Positions but to deliver Counsels and Advises we should need no other Remedy at all Si eadem Conâ—ulis frater quae affirmas consulenti debetur Reverentia cum non debeatur Fides affirmanti Brother if that which you set down as an Assertion you would deliver by way of Advise There were Reverence due to your Counsell whereas Faith is not due to your Affirmation Saint Paul was content to speak thus Ego non Dominus I and not the Lord Et secundum Consilium meum According to my Counsell But now Meâ— do too lightly say Non ego sed Dominus Not I but the Lord yea and bind it with an Heavy Denunciation of his Judgements to terrifie the simple which have not sufficiently understood out of Salomon That the Causelesse Curse shall not come Therefore seeing the Accidents are they which breed the peril and not the Things themselves in their own Nature It is meet the Remedies be applyed unto them by Opening what it is on either part that keepeth the Wound Green And formalizeth both sides to a further Oppoâ—â—tion and worketh an Indisposition in Mens minds to be reunited wherein no Accusation is pretended But I find in Reason that Peace is best built upon a Repetition of wrongs And in Example that the speeches which have been made by the wisest Men De Concordia Ordinum have not abstained from reducing to Memory the Extremities used on both parts So as it is true which is said Qui pacem tractat non is repetit Conditionibus Dissidiis is magis Aniâ—mos Hominum dulcedine pacis fallit quam aequitate componit And First of all it is more then Time that there were an End and surseance made of this Immodest and Deformed manner of Writing lately entertained whereby Matter of Religion is handled in the stile of the Stage Indeed bitter and earnest Writing must not hastily be condemned For Men cannot contend Coldly and without affection about Things which they hold Dear and Precious A Pollitick Man may write from his Brain without Touch and Sense of his Heart As in a Speculation that appertaineth not unto him But a Feeling Christian will expresse in his words a Character of Zeal or Love The latter of which as I could wish rather embraced being more proper for these Times yet is the Former warranted also by great Examples But to leave all Reverent and Religious Compassion towards Evils or Indignation towards Faults and to turn Religion into a Comedy or Satyre To search and rip up wounds with a Laughing Countenance To intermix Scripture and scurrility sometime in one Sentence Is a thing far from the devout Reverence of a Christian and scant beseeming the honest Regard of a sober Man Non est major Confusio quam Scrii Ioci There is no greater Confusion then the confounding of Iest and Earnest The Majesty of Religion and the Contempt and Deformity of things ridiculous are things as distant as things may be Two principall Causes have I ever known of Atheisme Curious Controversies and prophane Scoffing Now that these two are joyned in one no doubt that Sect will make no small Progression And here I do much esteem the Wisdome and Religion of that Bishop which replied to the first Pamphlet of this kind who remembred that a Fool was to be answered but not by becomming like unto him And considered the Matter which he handled and not the Person with whom he dealt Iob speaking of the Majesty and Gravity of a Iudge in himself saith If I did smile they believed it not As if hâ— should have said If I diverted or glanced upon Conceit of Mirth yet Mens Minds were so possessed with a Reverence of the Action in hand as they could not receive it Much more ought not this to be amongst Bishops and Divines disputing about Holy Things And therefore as much do I mislike the Invention of him who as it seemeth pleased himself in it as in no mean Pollicy That these Men are to be dealt withall at their own Weapons and pledgâ—d in their own Cup. This seemed to him as profound a Devise as when the Cardinall Sansovino counselled Iulius the second to encounter the Councell of Pisa with the Councell of Lateran Or as Lawfull a Challenge as Mr. Iewell made to confute the pretended Catholiques by the Fathers But those Things will not excuse the Imitation of Evill in another It should be contrariwise with us as Caesar said Nil malo quam eos similes esse sui Et me mei But now Dum de bonis contendimus de Malis consentimus While we Differ about good things we Resemble in evill Surely if I were asked of these Men who were the more to be blamed I should per case remember the Proverb That the second Blow maketh the Fray And the saying of an Obscure Fellow Qui replicat multiplicat He that replieth multiplieth But I would determine the Question with this Sentence Alter principium Malo dedit alter Modum abstulit By the ones Means we have a Beginning and by the other we shall have none End And truly as I do marvell that some of those Preachers which call for Reformation whom I am far from wronging so far as to joyn them with these Scoffers Do not publish some Declaration whereby they may satisfie the world that they dislike their Cause should be thus sollicited So I hope assuredly that my Lords of the Clergy have none Intelligence with this interlibelling But do altogether disallow that their Credit should be thus defended For though I observe in one of them many Glosses whereby the Man would
If a Third shall be accused upon these words uttered touching the Controversies Tollatur Lex fiat Certamen Whereby was meant that the prejudice of the Law removed either Reasons should be equally compared Of calling the People to Sedition and Mutiny As if he had said Away with the Law and try it out with Force If these and other like particulars be true which I have but by Rumourâ— and cannot affirm It is to be lamented that they should labour amongst us with so little comfort I know Restrained Governments are better then Remisse And I am of his mind that said Better is to live where nothing is lawfull then where all Things are lawfull I dislike that Lawes should not be continued or Disturbers be unpunished But Lawes are likened to the Grape that being too much pressed yields an hard and unwholsome Wine Of these Things I must say Ira Viri non operatur Iusticiam Dei The Wrath of Man worketh not the Righteousnesse of God As for the Injuries of the other Part they be Ictus inermes As it were Headlesse Arrowes They be Fiery and Eager Invecâ—ives And in some fond Men uâ—civill and unreverent Behaviour towards their Superiours This last invention also which exposeth them to Derision and Obloquy by Libels chargeth not as I am perswaded the whole side Neiâ—her doth that other which is yet more odious practised by the worst sort of them which is to call in as it were to their Aides certain Merceâ—ary Bands which impugn Bishops and other Ecclesiasticall Dignities to have the spoyle of their Endowments and Livings Of those I cannot speak too hardly It is an Intelligence between Incendiaries and Robbers The one to Fire the House the other to Rifle it The Fourth Point wholly pertaineth to them which impugn the present Ecclesiasticall Government who although they have not cut Themselves off from the Body and Communion of the Church yet do they affect certain Cognizances and Differences wherein they seek to correspond amongst themselves and to be seperate from others And it is truly said Tam sunt Mores quidam Schismatici quam Dogmata Schismatica There be as well Schismaticall Fashions as Opinions First they have impropriated unto themselves the Names of Zealous Sincere and Reformed As if all others were Cold Minglers of Holy Things and Prophane and Friends of Abuses Yea be a man indued with great Vertues and fruitfull in good workes yet if he concur not with them they term him in Derogation a Civill and Morall Man And compare him to Socrates or some Heathen Philosopher Whereas the Wisedom of the Scriptures teacheth us otherwise Namely to judge and denominate Men Religious according to their Works of the Second Table Because they of the First are often Counterfeit and practised in Hypocrisie So Saint Iohn saith That a Man doth vainly boast of Loving God whom he never saw if he love not his Brother whom he hath seen And Saint Iames saith This is true Religion to visite the Fatherlesse and the Widow So as that which is with them but Philosophicall and Morall is in the Apostles Phrase True Religion and Christianity As in Affection they challenge the said Vertues of Zeal and the rest So in Knowledge they attribute unto themselves Light and Perfection They say the Church of England in King Edwards time and in the Beginning of her Majesties Raign was but in the Cradle And the Bishops in those times did somewhat for Day-Break But that Maâ—urityâ— and Fulnesse of Light proceeded from themselves So Sabinius Bishop of Heraclea a Macedoniam Heretick said That the Fathers in the Councell of Nice were but Infants and Ignorant Men That the Church was not so perfect in their Decrees as to refuse that Further Ripeness of Knowledge which Time had revealed And as they censure vertuous Names by the Names of Civill and Morall So do they censure Men truly and godly wise who see into the vanity of their Affections by the name of Politicks saying that their Wisdome is but Carnall and savâ—uring of Mans Brain So likewise if a Preacher preach with Care and Meditation I speak not of the vain Scholasticall Manner of Preaching But soundly indeed ordering the Matter he handleth disâ—inctly for Memory Deducting and drawing it down for Direction and authorizing it with strong proofs and warrants They censure it as a Form of Speaking not becomming the Simplicity of the Gospell And refer it to the Reprehension of Saint Paul speaking of the Enticing Speech of Mans Wisdome Now for their own Manner of Preaching what is it Surely they exhort well and work Compunction of Mind And bring Men well to the Question Viri Fratres quid â—aciemus But that is not enough Except they resolve the Question They handle Matters of Controversie weakly and obiter and as before a People that will accept of any Thing In Doctrine of Manners there is little but Generality and Repetition The word the Bread of Life they tosse up and down they break it not They draw not their Directions down ad Casus Conscientiae That a Man may be warranted in his perpetuall Actions whether they be Lawfull or not Neither indeed are many of them able to do it What through want of Grounded knowledge What through want of Study and Time It is a Compendious and easie Thing to call for the Observation of the Sabbath Day or to speak against unlawfull Gaine But what Actions and works may be done upon the Sabbath and what not And what Courses of Gain are Lawfull and in what Cases To set this down and to clear the whole Matter with good Distinctions and Decisions is a Matter of great Knowledge and Labour And asketh much Meditation and Conversing in the Scriptures and other Helps which God hath provided and pâ—eserveâ— for Instruction Again they carry not an equall Hand in Teaching the People their lawfull Liberty as well as their Restraints and Prohibitions But they think a Man cannot go too far in that that hath a shew of a Commandement They forget that there are Sins on the Right Hand as well as oâ— the Left And that the word is double edged and cutteth on both Sides As well the Profane Trangressions as the superstitious Observances Who doubteth but that it is as unlawfull to shut where God hath opened as to open where God hath shut To bind where God hath loosed as to loose where God hath bound Amongst Men it is commonly as ill taken to turn back Favâ—â—â—s as to disobey Commandements In this Kind of Zeal for Example they have pronounced generally and without difference all Untruths unlawfull Notwithstanding that the Midwives are directly reported to have been blessed for their Excuse And Rahab is said by Faith to have concealed the Spies And Salomons selected Iudgement proceeded upon a Simulation And our Saviour the more to touch the Hearts of the two Disâ—iples with an holy Dalliance made as if he would have passed Emaus Further I have heard some Sermons
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
her Majesties Design be ex Professo to Reduce Rebells to Obedience it makes weaknesse turn Christianity and Conditions Graces And so hath a Finenesse in Turning Utility upon Point of Honour which is agreeable to the Humor of these Times And besides if her Majesty shall suddainly abaâ—e the Lists of their Forces and shall doe nothing to countervail it in point of Reputation of a Politick Proceeding I doubt Things may too soon fall back into the state they were in Next to this Adding Reputation to the Cause by Imprinting an Opinion of her Mâ—jesties Care anâ— Intention upon this Action is the Taking away of Reputation from the Contrary side by Cutting off the Opinion and Reputation of Forein Succours To which purpose this Enterprise of Algiers if it hold according to the Advertisement and if it be not wrapped up in the Period of this Summer seemeth to be an Opportunity coelitùs dimissa And to the same purpose nothing can be more fit than a Treaty or a Shadow of a Treaty of a Peace with Spain which methinks should be in our Power to fasten at least Rumore tenus to the Deluding of as wise People as the Irish. Lastly for this point That which the Auncients called Potestas facta redeundi ad Sanitatem And which is but a Mockery when the Enemy is strong or proud but Effectual in his Declination That is A liberal Proclamation of Grace and Pardon to such as shall submit and come in within a time prefixed And of some other Reward to such as shall bring others in That one 's Swordâ— may be sharpned by anothers Is a Matter of good Experience and now I think will come in time And percaseâ— though I wish the Exclusions of such a pardon exceeding few yet it will not be safe to continue some of them in their Strength But to translate them and their Generations into England And give them Recompence and Satisfaction here for their Possessions there As the King of Spain did by divers Families of Portugal To the Effecting of all the points aforesaid And likewise those which fall within the Divisions following nothing can be in priority either of Time or Matter better than the sending of some Commission of Countenance Ad Res inspiciendas componendas For it will be a very significant Demonstration of her Majesties Care of that Kingdom A Credence to any that shall come in and submit A Bridle to any that shall have their Fortunes there and shall apply their Propositions to private Ends And an Evidence that her Majesty after Arms laid down speedily pursueth a Politick Course without Neglect or Respiration And it hath been the Wisdom of the best Examples of Government Towards the Recovery of the Hearts of the People there be but 3. things in Naturâ Rerum 1. Religion 2. Iustice and Protection 3. Obligation and Reward For Religion to speak first of Piety and then of Policy all Divines doe agree That if Consciences be to be enforced at all wherein yet they differ two Things must precede their Inforcement The one Means of Instruction The other Time of Operation Neither of which they have yet had Besides till they be more like Reasonable Men than they are their Society were rather Scandalous to the true Religion than otherwise As Pearls cast before Swine For till they be clensed from their Bloud Incontinency and Theft which are now not the Lapses of particular Persons but the very Lawes of the Nation they are Incompatible with Religion Reformed For Policy there is no doubt but to wrestle with them now is directly opposite to their Reclaiming and cannot but continue their Alienation of Minde from this Goverment Besides one of the principal Pretences whereby the Heads of the Rebellion have prevailed both with the People and with the Forreiner hath been the Defence of the Catholick Religion And it is that likewise hath made the Forreiner reciprocally more plausible with the Rebell Therefore a Toleration of Religion for a Time not definite except it be in some Principal Townes and Precincts After the manner of some French Edicts seemeth to me to be a Matter warrantable by Religion and in Policy of absolute Necessity And the Hesitation in this point I think hath been a great Casting back of the Affairs there Neither if any English Papiâ—t or Recusant shall for Liberty of his Conscience transferre his Person Family and Fortunes thither doe I hold it a Matter of Danger but expedient to draw on Undertaking and to further Population Neither if Rome will cozen it Self by Conceiving it may be some Degree to the like Toleration in England doe I hold it a matter of any Moment But rather a good Mean to take off the Fiercenesse and Eagernesse of the Humour of Rome And to stay further Excommunications or Interdictions for Ireland But there would goe hand in hand with this some Course of Advancing Religion indeed where the People is capable thereof As the sending over some good Preachers especially of that Sort which are vehement and zealous Perswaders and not Scholastical To be resident in principal Towns Endowing them with some Stipends out of her Majesties Revenues As her Majesty hath most religiously and graciously done in Lancashire And the Recontinuing and Replenishing the College begun at Dublin The placing of good Men to be Bishops there And the Taking Care of the Versions of Bibles Catechisms and other Books of Instruction into the Irish Language And the like Religious Courses Both for the Honour of God and for the Avoiding of Scandal and Insatisfaction here by the shew of a Toleration of Religion in some parts there For Iustice the Barbarism and Desolation of the Country considered it is not possible they should find any Sweetnessâ— at all of Justice If it shall be which hath been the Errour of Times past Formal and fetched far off from the State Because it will require running up and down for Process And give Occasion for Polling and Exactions by Fees And many other Delayes and Charges And therefore there must be an Interim in which the Iustice must be onely Summary the rather because it is fit and safe for a time the Country do participate of Martial Government And therefore I could wish in every principal Town or Place of Habitation there were a Captain or Governer And a Iudge such as Recorders and Learned Stewards are here in Corporations who may have a Prerogative Commission to hear and determine Secundum sanam Discretionem And as near as may be to the Laws and Customes of England And that by Bill or Pleint without Original Writ Reserving from their Sentence matter of Freehold and Inheritance to be determined by a superiour Iudge Itinerant And both Sentences as well of the Bayliffwick Iudge as Itinerant to be reversed if Cause be before the Counsel of the Province to be established there with fit Instructions For Obligation and Reward It is true no doubt which was aunciently said That a State
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
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
Stiles Esquire of the Inner Temple 120. The Saints Comfort in Evil times 120. Gods Revenge against Murther in thirty Tragical Histories by I. Reynolds in Fol. the third Edition Whereunto is newly added the Sculptures Pictures of the Chief Persons â—entioned in every Histoâ—y graven in Copper-plates and fixed before each History With a Satisfactory Epistle of the Stationer Sylva Sylvarum or a Natural History in ten Centuries Whereunto is newly added The History of Life and Death or the Prolongation of Life Both written by the Right Honorable Francis Lord Verulam In Foâ—io 1651. The Magnetique cure of Wounds The Nativity of Tartar in Wine The Image of God in Man Also another Treatise of the Errors oâ— Physicians concerning Defluxions both published in Englishâ— 40. 1650. With The Darkness of Aâ—heism dispelled by the light of Nature All published by Dr. Charleton Physician to the late King 40. 165â— A Discourse conceâ—ning the King of Spâ—ins surprizing of the Valtoline Translated by the Renowned Sir Thomas Râ—e many times Embassador in Forein parts 40 The Roman Foot and Denaries from whence as from two principles the measure and weights may be deduced by Iohn Greaves of Oxford â—0 1647. A Treatise of the Court Written in French by that great Counâ—ellour De Refuges many times Embassador for the two laâ—t French Kings Englished by Iohn Râ—â—â—â—ld â—0 The Hebrew Commonwealth Translated out of Petrus Cunâ—us in 120. 1653. Hugo Grotius his two Treatises Of God and his Providence and Of Christ and his Miracles together with the said Authors judgement of sundry Points controverted in 120. Both Translated by Clem. Barksdal Certamen Relâ—giosum or a Conference between the late King of England and the late Lord Marquess of Worcester concerning Religion 40â— 1652. The Battel of Agencourt fought by Henry the 5th The Miseries of Queen Margareâ— with other Poems by Mic. Drayton Esq 80. The Odes of Horace Selected and Translated by Sir Thomas Hawkins in 120. The Spanish Gallant instructing men in their Carriage to be beloved of the People Youths Behaviour or Decency in Conversation amongst men with new Additions of a Discourse of Powdring of Hair of black Patches and naked Breasts 80. 1651. The Tillage of Light A Treatise of The Philosophers Stone 80. The Right of Peace and Warr in 3. Books written in Latine by the Illustrious Hugo Grotius together with the Life of the said Author in English 80. large 1654. A Sermon of the Nature of Faith by Barten Holyday Doctor of Divinity 1654. The Innocent Lady or the Illustrious Innocent written Originally in French by the learned Father de Ceriziers of the Company of Jesus rendred into English by Sir William Lower Knight 1654. A Disputation at Winchcomb in Glocestershire wherein much satisfaction given in many Fundamental Points of Religion in the presence of many Eminent Persons 1654. A brief Discourse of changing Ministers Tithes into Stipends or into another thing 1654. Plutarch's Lives in English with a New Addition of Twenty Lives never before published in English in Fol. 1657. FINIS 1. Part. 2. Part. 3. Part. 4. Part. 1 Contiâ—uance 2 Health 3 Peace 4 Plenâ—y and Wealth 5 Increase oâ— People 6 Reformation in Religion The speciall 〈◊〉 esâ—â—â—lished among uâ— by â—he puâ—ity of Religion Finenesse oâ— Money The Might oâ— the Navâ— Compaâ—ison of the state of England with the stateâ— abroad Afflicted in France Low-Countries Portugall Prosperouâ— as Scotland Poland Sweden Denmark Italy Germany Savoy Spâ—iâ— Câ—â—câ—rning the Conâ—ro 〈◊〉 〈◊〉 in our Church Concerning the Forrain Enemies of this State Concerning the State of the Nobility Concerning the State oâ— the Common subâ—ect Statutes concerning Scotland and the Scotish Nation Lawes Customes Commissions Offiâ—ersâ— of the Borders or Marches Further Union besides the Removing of Inconvenient and dissenting Lawes and Usages Points wherein the Nations stand already united Soveraignty Line Royall Suâ—jection Obedience Alien Naturalization Religion Church-Government Continent Borders Language Diâ—lect Leagues Confederacies Treaties Externall points of the Separation and Union The Ceremoniall or Mateâ—iall Crowns The Stiles and Names The Seales The Standards and Stamps Moneys Internall Points of Union 1 Parliament 2 Cousellâ— oâ— Estate 3 Offâ—cers of the Crown 4 Nobilities 5 Lawâ—â— 6 Courts of Justice and Administration of Lawes 7 Receits Finances and Patrimonies of the Crown 8 Admiralty Navy and Merchandizing 9 Freedomes and Liberties 〈…〉 These that follow are but indisgested Notes This Constitution of Reporters I obtained of the King after I was Chancellour and there are two appointed with a 100. l. a year a peece sâ—ipend * Thuanus These Letters following I find not in his Lordships Register-Book of Letters But I am enduced by the Stile and other Characters to own them to be his VVritten by Mr. Bacon for my Lord of Essex
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