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
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
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
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
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
a particular Examination of it Thirdly whether we shall content our selves with some Entry or Protestation amongst our selves And Fourthly whether we shall proceed to a Message to the King And what Thus I have told you mine Opinion I know it had been more safe and politick to have been silent But it is perhaps more honest and lovingâ— to speak The old Verse is Nam nulli tacuisse nocet nocet esse locutum But by your leave David saiâ—h Silui à bonis Dolor meus renovatus est When a Man speaketh He may be wounded by Others but if He holds his peace from Good Things he wounds Himself So I have done my part and leave it to you to do that which you shall judge to be the best The Charge of Sir Francis Bacon Knight his Majesties Atturney Generall against William Talbot a Counsellor at Law of Ireland upon an Information in the Star-Chamber Ore tenus For a writing under his Hand whereby the said William Talbot being demanded whether the Doctrine of Suarez touching Deposing and Killing of Kings Excommunicated were true or no He answered that he referred himself unto that which the Catholick Roman Church should determine thereof Ultimo die Termini Hilarij undecimo Iacobi Regis My Lords I Brought before you the first sitting of this Term the Cause of Duels But now this last sitting I shall bring before you a Cause concerning the greatest Duell which is in the Christian World The Duels and Conflicts between the lawfull Authority of Soveraign Kings which is Gods Ordinance for the comfort of Humane Society And the swelling pride and usurpation of the See of Rome in Temporalibus Tending altogether to Anarchy and Confusion Wherein if this pretence by the Pope of Rome by Cartels to make Soveraign Princes as the Banditi And to proscribe their Lives and to expose their Kingdomes to prey If these pretences I say and all Persons that submit themselves to that part of the Popes Power be not by all possible Severity repressed and punished The State of Christian Kings will be no other then the ancient Torment described by the Poets in the Hell of the Heathen A man sitting richly roabed solemnly attended delicious fare c. With a Sword hanging over his Head hanging by a small thread ready every moment to be cut down by an accursing and accursed hand Surely I had thought they had been the Prerogatives of God alone and of his secret Judgements Solvam Cingula Regum I will loosen the Girdles of Kings Or again He powreth contempt upon Princes Or I will give a King in my wrath and take him away again in my displeasure And the like but if these be the Claims of a Mortall Man certainly they are but the Mysteries of that Person which exalts himself above all that is called God Supra omne quod dicitur Deus Note it well Not above God though that in a sense be true in respect of the Authority they claim over the Scriptures But Above all that is called God That is Lawfull Kings and Magistrates But my Lords in this uel I find this Talbot that is now before you but a Coward For he hath given ground He hath gone backward and forward But in such a fashion and with such Interchange of Repenting and Relapsing as I cannot tell whether it doth extenuate or aggravate his Offence If he shall more publikely in the face of the Court fall and settle upon a right mind I shall be glad of it And he that would be against the Kings Mercy I would he might need the Kings Mercy But neverthelesse the Court will proceed by Rules of Justice The Offence wherewith I charge this Talbot Prisoner at the Bar is this in brief and in Effect That he hath maintained and maintaineth under his hand a power in the Pope for the Deposing and Murthering of Kings In what sort he doth this when I come to the proper and particular charge I will deliver it in his own words without Pressing or Straining Buâ— before I come to the particular charge of this Man I cannot proceed so coldly but I must expresse unto your Lordships the extreme and imminent Danger wherein our Dear and Dread Soveraign is And in him we all Nay and wherein all Princes of both Religions For it is a common Cause do stand at this day By the spreading and Enforcing of this furious and pernicious Opinion of the Popes Temporall Power which though the modest Sort would blanch with the Distinction of In ordine ad Spiritualia yet that is but an Elusion For he that maketh the Distinction will also make the Case This perill though it be in it self notorious yet because there is a kind of Dulness and almost a Lethargy in this Age Give me leave to set before you two Glasses Such as certainly the like never met in one Age The Glasses of France and the Glasse of England In that of France the Tragedies acted and executed in two Immediate Kings In the Glasse of England the same or more horrible attempted likewise in a Queen and King immediate But ending in a happy Deliverance In France H. 3. in the face of his Army before the walls of Paris stabbed by a wretched Iacobine Fryer H. 4. a Prince that the French do surname the Great One that had been a Saviour and Redeemer of his Country from infinite Calamities And a Restorer of that Monarchy to the ancient State and Splendour And a Prince almost Heroicall except it be in the Point of Revolt from Religion At a time when he was as it were to mount on Horse-back for the Commanding of the greatest Forces that of long time had been levied in France This King likewise stilletted by a Rascal votary which had been enchanted and conjured for the purpose In England Queen Elizabeth of blessed memory A Queen comparable and to be rankt with the greatest Kings Oftentimes attempted by like votaries Sommervile Parry Savage and others But still protected by the Watch-man that Slumbreth not Again our excellent Soveraign King Iames The Sweetness and Clemency of whose nature were enough to quench and mortifie all Malignity And a King shielded and supported by Posterity Yet this King in the Chair of Majesty his Vine and Olive Branches about him Attended by his Nobles and Third Estate in Parliament Ready in the Twinckling of an Eye As if it had been a particular Doomesday To have been brought to Ashes dispersed to the four Winds I noted the last day my Lord Chief Iustice when he spake of this Powder Treason he laboured for words Though they came from him with great Efficacy yet he truly confessed and so must all Men That that Treason is above the Charge and Report of any Words whatsoever Now my Lords I cannot let passe but in these Glasses which I spake of besides the Facts themselves and Danger to shew you two Things The one the Wayes of God Almighty which turneth the Sword of Rome
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
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
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
Pâ—inces have had many Servants of Trust Name and sufficiency But where there have been great parts there hath often wanted Temper of Affection Where there have beeu both Ability and Moderation there have wanted Diligence and Love of Travaile Where all Three have been there have sometimes wanted Faith and Sincerity Where some few have had all these Four yet they have wanted Time and Experience But where there is a Concurrence of all these there is no marvaile though a Prince of Iudgement be constant in the Employment and Trust of such a Servant 7. Of divers parâ—icular Untruths and Abuses dispersed thrugh the Libel THE Order which this Man keepeth in his Libell is such as it may appear that he meant but to empty some Note Booke of the Matters of England To bring in whatsoever came of it a Number of Idle Jests which he thought might fly abroad And intended nothing lesse then to clear the Matters be handled by the Linht of Order and Distinct Writing Having therefore in the Principall Points namely the Second Third and Fourth Articles ranged his Scattering and wandering Discourse into some Order such as may help the Judgement of the Reader I am now content to gather up some of his By-Matters and Stragling Untruths and very briefly to censure them Page 9. he saith That his Lordships could neither by the Greatness of his Beades creeping to the Crosse Nor exteriour shew to Devotion before the High Altar find his entrance into high Dignity in Queen Maries Time All which is a meer Fiction at Pleasure For Queen Mary bare that Respect unto him in regard of his constant standing for her Title As she desired to continue his Service The Refusall thereof growing from his own Part He enjoyed nevertheless all other Liberties Favours of the time Save only that it was put into the Queens Head that it was dangerous to permit him to go beyond the Sea because he had a great Wit of Action and had served in so Principall a Place Which neverthelesse after with Cardinall Poole he was suffered to do Pag. Eadem he saith Sir Nich. Bacon that was Lord Keeper was a Man of exceeding crafty wit Which sheweth that this Fellow in his Slanders is no good Marks-Man But throweth out his Words of Defaming without all Levell For all the World noted Sir Nich. Bacon to be a Man Plain Direct and Constant without all Finenesse and Doublenesse And one that was of the mind that a Man in his private Proceedings and Estate and in the Proceedings of State should reâ—t upon the Soundnesse and Strength of his own Courses and not upon Practise to Circumvent othersâ— According to the Sentence of Salomon Vir Prudens aduertit ad Gressus suos stultus autem divertit ad Dolos Insomuch that the Bishop of Rosse a Subtile and Observing Man said of him That he could fasten no words upon him and that it was impossible to come within him because he offered no play And Queen Mother of France a very politick Princesse said of him That he should have been of the Councell of Spain because he despised the Occurrents and rested upon the First Plot So that if He were Crafty it is hard to say who is wise Pag. 10. he saith That the Lord Burleigh in the Establishment of Religion in the Beginning of the Queens Time prescribed a Composition of his own Invention Whereas the same Form not fully six years before had been received in this Realm in King Edwards Time So as his Lordship being a Christian Politick Counseller thought it better to follow a President then to innovate And chose the President rather at Home then Abroad Pag. 41. he saith That Catholicks never attempted to murther any principall person of her Majesties Court as did Burchew whom he calleth a Puritan In wounding of a Gentleman instead of Sir Christopher Hatten But by their great Vertue Modesty and Patience do manifest in themselves a far different Spirit â—â—om the other Sort. For Burchew it is certain he was Mad As appeareâ—h not only by his Mad Mistaking but by the violence â—hâ—t he â—ffâ—ed afâ—er to his Keeper And most evidently by his bâ—haviour at his Exâ—cution But of Catholicks I mean thâ— â—raâ—lâ—rus sort of them a Man may say as Cato said sometimes of Caeâ—ar Fum ad evâ—rtendam Remp. sobrium accessisse They came sober and well advised to their Treasons and Conspiracies And commonly they look not so low as the Counsellers but have bent their murdâ—râ—ur Attempts immediatly against her Majesties sacred Person Which God have in his precious Custody As may appear by the Conspiracy of Sommervile Parry Savadge and Six and otheâ—s Nay they have defended it in Thesi to be a Lawâ—ull Act. Pag. 43. he saith That his Lordship whom he calleâ—h the Archâ—Politick hath fraudulently provided that when any Priesâ— is arraigned the Indictment is enforced with many odious Mattâ—râ— Wherein he sheweth great Ignorance if it be not Mallice For the Law permitteth not the Ancient Formes of Indicâ—ments to be alâ—ered Like as in an Action of Trespass although a Mâ—n take away anothers Goods in the peaceablest manner in the World yet the Writ hath Quare vi Armis And if a Man enter upon anothers Ground and do no more the Plantife mentioneth Quod Herbam suam ibidem crescentem cum Equis Bobus porcis Bidentibus depastus sit conculcavit consumpsit Neither is this any Absurdity For in the Practise of all Law the Formularies hâ—ve been Few and Certain And not varied according to every â—articular Case And in Indictmeuts also of Treason it is not so far fetched as in that of Trespass For the Law ever presumeth in Treason an Intention of subverting the State and Impeaching the Majesty Royall Pag. 45. and in other places speaking of the persecuting of Catholicks he still mentioneth Bowellings and Consuming Mens Entraâ—les by Fire As if this were a Torture newly devised Wherein he doth Cauâ—elously and Maliciously suppresse that the Law and Custom of this Land from all Antiquity hath ordained that Punishment in Case of Treason and permitteth no other And a Punishment surely it is though of great Terrour yeâ— by reason of the quick Dispatching of lesse Torment far then either the Wheele or Forcipation yea then Simple Burning Pag. 48. he saith England is confederate with the Great Turk Wherein if he mean it because the Merchants have an Agent in Constantinople How will he answer for all the Kings of France since Francis the First which were good Catholicks For the Emperour for the King of Spain Himself for the Senate of Venice and other States that have had long time Embassadours Liedgers in that Court If he mean it because the Turk hath done some speciall Honour to our Embassadour if he be so to be termed we are beholding to the King of Spain for that For that the Honour we have won upon Him by Opposition hath given us Reputation through the World If
within the Kingdome to do her Hurt if no Forraign Enemy joyned with them But then about the three and twentieth year of her Raign there followed a Mighty Change And this Distinction of the Times is not any Device of mine but it is expressed in the publick Acts of that Time and as it were cut in Brasse For before that year was there never any Capitall or severe Punishment inflicted upon any of her Subjects as they had Relation to the Romish Religion by the Lawes formerly made But just then began that proud and vast Intention of Spain to conquer this Kingdome by little and little to shew it Self Of this the principall Part was to stir up by all means a Party within the Kingdome of such as were ill affected to the State and desirous of Innovation that might adhere to the Forrainer at his Landing For this they had no other Hopes then the Difference in Religion Wherefore they set it down to pursue this Course with all their power And the Seminaries at that time budding Priests were sent into England to plant and disperse a Love to the Romish Religion To teach and inculcate the power of the Popes Excommunication in freeing Subjects from their Allegeance And to awaken and prepare the minds of Men to an Expectation of a Change About the same time Ireland also was attempted by an Invasion And the Queens Name and Government traduced by sundry and scandalous Libells To be short there was an unusuall Swelling in the State the Forerunner of greater Troubles Yet I will not affirm that every Priest which was sent over was made of the Counsell or Privy to the Enterprise But that some of them became the wicked Instruments onely of other Mens Mallice Notwithstanding this is true and witnessed by the Conâ—â—ssions of many that almost all the Priests which were sent into this Kingdome from that aforenamed year unto the Thirtieth year of Queen Elizabeths Raign At what time that Design of the Pope and Spain was put into execution by those memorable Preparations of the Navy and Land-Forces Had in their Instructions besides other Parts of their Function to distill and insinuate iâ—to the People these Particulars It was impossibleâ— Things should continue at this stay They should see ere long a great change in this State That the Pope and Catholick Princes were carefull for the English if they would not be wanting to themselves Again sundry of â—he Priests did manifestly interpose themselves into those Consultations and Plots which tended to the undermining and Ruining of this Kingdome And which especially moved her Letters were intercepted out of divers parts that discovered the true Face of the Plot In which was written that they doubted not to go beyond the vigilancy of the Queen and State in the Matter of Catholicks For the Queen would onely have an eye least there should arise any Fit Head in the Person of some Lord or other Eminent Gentleman of quality under whom the Catholicks might unite But they had thought upon another course As namely by private Men and those but of mean Rank that should not confer nor scarce know of each others employment to prepare and mature the Businesse by the Secrecy of Confession And these were their Engines then which as hath appeared since in a case not much unlike are usuall and familiar to that Ordâ—r of Men. In this great Deluge of Danger there was a Necessity imposed upon Queen Elizabeth to restrain by some sharper Bands of Lawes that part of her Subjects which were alienated from her and had drunk too deep a Draught of this Poyson ever to recover And further which by their retired Living and Exemption from publick Offices were grown very Rich And moreover the Mischief daily growing when as the Cause thereof was ascribed to none other then the Seminary Priests Who had been nourished in Forrain Parts and received Exhibition from the Bounty and Almes of Forrain Princes professed Enemies to this State And who had conversed in such places where the Name of Queen Elizabeth was never heard but as of an Heretick and Excommunicate and Accursed Person And who though themselves sometimes had no hand in Treason yet they were known to be the intimate Friends of them that had And lastly who by their Arts and Poysons had infected and soured the Masse and Lump of the Catholicks which before was more Sweet and Harmlesse with a new kind of Leven and desperate Maliciousnesse There could no other Remedy be devised but by forbidding such Persons to enter into this Kingdome upon pain of their Lives Which at last in the 27 th year of her Raign was done accordingly Nay and when the event it self had confirmed this to be true I mean immediatly after that the dreadfull Tempest arose from Spain threatning no lesse then utter desolation yet did it nothing mollifie or turn the edge of these Mens Mallice and Fury but rather whetted it As if they had cast off all Naturall Affectionâ— to their Country As for the Times succeding I mean after the Thirtieth year of her Raign though indeed our Fear of Spain which had been the Spur to this Rigour had fairely breathed out or was well abated yet considering the Memory of Times past had made so deep Impression in Mens Hearts and Cogitations And that it would have seemed either Inconstancy to repeal those former Lawes or Sloath to neglect them The very Constitution of Things did suggest to the Queen that it was not safe to reduce them unto that State wherein they had continued untill the three twentieth year of her Raign Hereunto may be added the Industry of some Persons in improving the Revenues of the Exchequer And the Zeal of some other Ministers of Iustice which did never think their Country safe unlesse the Lawes were rigorously executed All which did importune and presse the Execution of the Lawes Notwithstanding the Queen for a manifest Token of her Royall Nature did so dull the edge of the Lawes that but a very few Priests in respect of their Number did suffer death Now all this which I have said is not by way of Defence For the Matter needes it not For neither could this Kingdom have been safe without it Neither were the Proceedings any way comparable or of kinn to those bloody and unchristianly Massacres in the Catholick Countries Which proceeded meerely from Rancour and Pride and not from any necessity of State Howsoever I hope I have made my first Assertion good That she was Moderate in the Point of Religion And that the Change which happened was not in her Nature but upon the Necessity of the Times Now for the Constancy of Queen Elizabeth in Religion and the observance thereof I know no better Argument then this That although she found the Romish Religion confirmed in her Sisters dayes by Act of Parliament And established by all strong and potent Meanes that could be devised And to have taken deep Root in this Kingdom And
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
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
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