Honᵐᵘˢ, Franciscꝰ Baconꝰ, Baro de Verulam: Vicecomes S cti Albani. Mortuus 9ᵒ Aprilis, Anno Dni. 1626. Annoque Aetat 66. Resuscitatio, Or, Bringing into PUBLIC LIGHT SEVERAL PIECES, OF THE WORKS, Civil, Historical, Philosophical, & Theological, HITHERTO SLEEPING; Of the Right Honourable FRANCIS BACON Baron of Verulam, Viscount Saint Alban. According to the best Corrected COPIES. Together, With his Lordship's LIFE. By WILLIAM RAWLEY, Doctor in Divinity, His Lordship's First, and Last, CHAPLAIN. Afterwards, CHAPLAIN, to His late MAJESTY. 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, near the Mitre Tavern, 1657. A GENERAL TABLE OF THE TRACTATES, Contained in this BOOK. 1. Speech's in Parliament, Star-chamber, King's Bench, Chancery, and other where. Fol. 1 2. Observations upon a Libel, published in Anno 1592. 103 3. A true Report, of Doctor Lopez, his Treason. 151 4. An Advertisement, touching the Controversies, of the Church, of England. 162 5. A Collection, of the Felicities, of Queen Elizabeth. 181 6. A brief Discourse, of the Union, of England, and Scotland. 197 6. Articles, and Considerations, touching the Union, aforesaid. 206 7. A Beginning, of the History, of Great Britain. 221 8. A Letter, and Discourse, to Sir Henry Savill, touching Helps, for the Intellectual Powers. 225 9 Certain Considerations, touching the better Pacification, and Edification, of the Church, of England. 233 10. Certain Considerations, touching the Plantation, in Ireland. 255 11. Advice to the King, touching Mr. Suttons Estate. 265 12. A Proposition, to the King, touching the Compiling, and Amendment, of the Laws, of England. 271 13. A Fragment, of an Essay, of Fame. 281 14. Letters, to Queen Elizabeth, King James, divers Lords, and others. 1 15. Other Letters. 89 16. A Confession, of the Faith. 115 TO THE READER. HAving been employed, as an Amanuensis, or daily instrument, to this Honourable Author; And acquainted with his Lordship's Conceits, in the composing, of his Works, for many ye●rs together; Especially, in his writing ●ime; I conceived, that no Man, could pretend a better Interest, or Claim, to the ordering of them, after his Death, than myself. For which cause, I have compiled in one, whatsoever bears the true Stamp, of his Lordship's excellent Genius; And hath hitherto slept, and been suppressed; In this present Volume; Not leaving any Thing, to a future Hand, which I found, to be of moment, and communicable to the Public; Save only some few Latin Works; Which, by God's Favour and sufferance, shall soon after follow. It is true, that for some of the Pieces, herein contained, his Lordship did not aim, at the Publication of them, but at the Preservation only; And Prohibiting them from Perishing; So as, to have been reposed, in some Private shrine, or Library: But now, for that, through the loose keeping, of his Lordship's Papers, whilst he lived, divers Surreptitious Copies have been taken; which have since, employed the Press, with ●undry Corrupt, and Mangled, Editions; whereby Nothing hath been more difficult, than to find the Lord Saint Alban, in the Lord Saint Alban; And which have presented, (some of them,) rather a Fardel of Nonsense, than any true Expressions, of his Lordship's Happy Vein; I thought myself, in a sort, tied, to vindicate these Injuries, and wrongs, done to the Monuments, of his Lordship's Pen; And at once, by setting forth, the true, and Genuine, writings themselves, to prevent the like Invasions, for the time to come. And the rather, in regard, of the Distance, of the time, since his Lordship's Days; whereby, I shall not tread too near, upon the Heels of Truth; Or of the Passages, and Persons; then concerned, I was induced hereunto. Which, considering the Lubricity of Life; And for that, I account myself, to be; Not now in Vergentibus, but in Praecipitantibus Annis, I was desirous to hasten. Wherein, I shall crave leave, to open, my Counsels, and Purposes, as concerning this present Edition, in these five Particulars. First, I have ranked the several Tractates; Either, according to the Dignity, of the Work; as Demosthenes, or Cicero's, Orations, do precede Demosthenes, or Cicero's Epistles; Or else, according to the Series of the Times, wherein they were written; or to which, they refer. By which Means, they may give the better Light; the one Part, to the other. Secondly, I thought it fitting, to intimate; That the Discourse, within contained; Entitled, A Collection, of the Felicities, of Queen Elizabeth; was written, by his Lordship, in Latin only: whereof, though his Lordship had his particular Ends, then; yet, in regard, that I held it a Duty, That her own Nation, over which she so happily reigned, for many years; should be acquainted, and possessed, with the Virtues, of that excellent Queen, as well as Foreign Nations; I was induced, many years ago, to put the same, into the English Tongue; Not, Ad Verbum; For that had been ●ut Flat, and Injudicious; But, (as far, as my slender Ability could reach,) according to the Expressions, which, I conceived; his Lordship would have rendered it in, if he had written the same in English: Yet ever acknowledging, that Zeuxis, or Apelles, Pencil, could not be attained, but by Zeuxis, or Apelles, Himself. This Work, in the Latin, his Lordship so much affected; That He had ordained, by his last Will, and Testament, to have had it published, many years since: But that singular Person, entrusted therewith, soon after deceased. And therefore, it must now, expect a Time, to come forth, amongst his Lordships, other Latin Works. Thirdly, in the Collection of Letters; which is, as the Fourth Part, of this Volume; there are inserted some few, which were written, by other Pens, and not by his Lordships own: Like as we find, in the Epistolar Authors; Cicero, Plinius secundus, and the rest: which because I found them immixed, amongst his Lordship's Papers; And that they are written, with some similitude of Style; I was loath, they should b● left, to a Grave, at that time, when his Lordships own Conceptions, were brought to life. Fourthly, for that Treatise, of his Lordships, Inscribed, A Confession of the Faith; I have ranked that, in the Close, of this whole Volume: Thereby, to demonstrate to the World; That he was a Master, in Divinity, as well as in Philosophy, or Politics; And that he was Versed, no less, in the saving Knowledge; Than, in the Universal, and Adorning, Knowledges. For though, he composed the same, many years, before his Death, yet I thought that, to be the fittest place; As the most acceptable Incense unto God, of the Faith, wherein he resigned his Breath; The Crowning, of all his other Perfections, and Abilities; And the best Perfume, of his Name, to the World, after his Death. Lastly, if it be objected, that some few, of the Pieces, whereof this whole consisteth, had visited the Public Light before; It is true, that they had been obtruded, to the World, by unknown Hands; But with such Scars, and Blemishes, upon their Faces; That they could pass, but for a Spurious, and Adulterine Brood, and not for his Lordship's Legitimate Issue: And the Publishers, and Printers, of them, deserve to have an Action, of Defamation, brought against them, by the State of Learning, for Disgracing, and Personating, his Lordship's Works. As for this present Collection, I doubt not, but that it will verify itself, in the several Parcels thereof; And manifest, to all understanding, and unpartial, Readers, who is the Author of it; By that Spirit, of Perspicuity, and Aptness, and conciseness, which runs through the whole Work; And is ever an Annex, of his Lordships Penne. There is required now; And I have been moved by many; Both from Foreign Nations, and at Home; who have held in Price, and been Admirers, of this Honourable Authors Conceits, and Apprehensions; That some Memorials, might be added, concerning his Lordship's Life; Wherein I have been more Willing, then sufficient, to satisfy their Requests: And to that End, have endeavoured, to contribute, not my Talon, but my Mite, in the next following Discourse; Though, to give the true Value, to his Lordship's Worth; There were more need, of another Homer, to be the Trumpet, of Achilles Virtues. WILLIAM RAWLEY. THE LIFE OF THE HONOURABLE AUTHOR. FRANCIS BACON, the Glory, of his Age, and Nation; The Adorner, and Ornament, of Learning; Was born, in York House, or York Place, in the Strand; On the 22th Day of January; In the Year of our Lord, 1560. His Father, was that Famous Counsellor, to Queen Elizabeth; The Second Prop, of the Kingdom, in his Time; Sir Nicholas Bacon, Knight, Lord Keeper, of the Great Seal, of England; A Lord, of Known Prudence, Sufficiency, Moderation, and Integrity. His Mother, was Ann Cook, one of the Daughters, of Sir Anthony Cook; unto whom, the Erudition, of King Edward, the six, had been committed: A choice Lady, and Eminent, for Piety, Virtue, and Learning; Being tightly Skilled, for a Woman, in the Greek, and Latin, Tongues. These being the Parents, you may easily imagine, what the Issue, was like to be; Having had, whatsoever, Nature, or Breeding, could put into Him. His first, and childish, years, were not without some Mark of Eminency; At which Time, he was endued, with that Pregnancy, and Towardness, of Wit; As they were Presages, of that Deep, and Universal, Apprehension, which was manifest in him, afterward: And caused him, to be taken notice of, by several Persons, of Worth, and Place; And, especially, by the Queen; who, (as I have been informed,) delighted much, then, to confer with him; And to prove him with Questions: unto whom, he delivered Himself, with that Gravity, and Maturity, above his years; That her Majesty, would often term Him; The young Lord Keeper. At the ordinary years, of Ripeness, for the university; or rather, something earlier; He was sent, by his Father, to Trinity College, in Cambridge; To be educated, and bred, under the Tuition, of Doctor John White-Gift, than Master of the College; Afterwards, the Renowned Archbishop, of Canterbury; A Prelate, of the First Magnitude, for Sanctity, Learning, Patience, and Humility: Under whom, He was observed, to have been more, than an Ordinary Proficient, in the several Arts, and Sciences. Whilst he was commorant, in the University, about 16. years of Age, (As his Lordship hath been pleased, to impart unto myself;) he first fell, into the Dislike, of the Philosophy, of Aristotle: Not for the worthlessness, of the Author, to whom he would ever ascribe, all High Attributes; But for the unfruitfulness, of the way; Being a Philosophy, (as his Lordship used to say,) only strong, for Disputations, and Contentions; But Barren, of the Production, of Works, for the Benefit, of the Life, of Man. In which Mind, he continued, to his Dying Day. After he had passed, the Circle, of the Liberal Arts; His Father, thought fit, to frame, and mould him, for the Arts, of State: And, for that end, sent him over into France, with Sir Amyas Paulet, then Employed Ambassador Lieger, into France: By whom, he was, after a while, held fit to be entrusted, with some Message, or Advertisement, to the Queen: which having performed, with great Approbation, he returned back, into France again; With Intention, to continue, for some years, there. In his absence, in France, his Father, the Lord Keeper, died; Having collected, (as I have heard, of Knowing Persons,) a considerable sum of Money, which he had separated, with Intention, to have made a competent Purchase of Land, for the Livelihood, of this his youngest Son; (who was only unprovided for; And though, he was the youngest in years, yet he was not the lowest, in his Father's Affection;) But the said Purchase, being unaccomplished, at his Father's Death, there came no greater share to him, than his single Part, and Portion, of the Money, dividable amongst 5. Brethren: By which means, he lived, in some streits, and Necessities, in his younger years. For as for that pleasant Scite, and Manor, of Gorhambury, he came not to it, till many years after, by the Death, of his Dearest Brother, Mr. Anthony Bacon; A Gentleman, equal to him, in Height of Wit; Though inferior to him, in the Endowments, of Learning, and Knowledge: Unto whom he was, most nearly, conjoined in Affection; They two, being the sole Male Issue, of a second Venture. Being returned from Travail, he applied himself, to the study, of the Common Law; which he took upon him, to be his Profession. In which, he obtained to great Excellency; Though he made that, (as himself said,) but as an Accessary, and not as his Principal study. He wrote, several Tractates, upon that Subject. Wherein, though some great Masters, of the Law, did outgo him, in Bulk, and Particularities of Cases; yet, in the Science, of the Grounds● and Mysteries, of the Law, he was exceeded by none. In this way, he was, after a while, sworn, of the Queen's Counsel Learned, Extraordinary; A Grace, (if I err not,) scarce known before. He seated himself, for the Commodity, of his studies, and Practise; amongst the Honourable Society, of Greyes' Inn; Of which House, he was a Member; where he Erected, that Elegant Pile, or Structure, commonly known, by the Name, of the Lord Bacon's Lodgings: which he inhabited, by Turns, the most part, of his Life, (some few years only excepted,) unto his Dying Day. In which House, he carried himself, with such Sweetness, Comity, and Generosity; That he was much revered, and loved, by the Readers, and Gentlemen, of the House. Notwithstanding, that he professed the Law, for his Livelihood, and Subsistence; Yet his Heart, and Affection, was more carried, after the Affairs, and Places, of Estate; For which, if the Majesty Royal then, had been pleased, he was most fit. In his younger years, he studied, the Service, and Fortunes, (as they call them,) of that Noble, but unfortunate Earl, the Earl of Es●ex; unto whom, he was, in a sort, a Private, and free, Counsellor; And gave him safe, and Honourable Advice; Till, in the end, the Earl inclined too much, to the violent, and precipitate Counsel, of others, his Adherents, and Followers; which was his Fate, and Ruin. His Birth, and other Capacities, qualified him, above others of his Profession, to have Ordinary Accesses at Court; And to come frequently, into the Queen's Eye; who would often grace him, with private, and free, Communication; Not only about Matters of his Profession, or Business in Law; But also, about the Arduous Affairs, of Estate; From whom she received, from time to time, great Satisfaction. Nevertheless, though she cheered him much, with the Bounty, of her Countenance; yet she never cheered him, with the Bounty, of her Hand: Having never conferred upon him, any Ordinary Place, or Means, of Honour, or Profit, Save only, one dry Reversion, of the Registers Office, in the Star-Chamber; worth about 1600 l. per Annum; For which he waited, in Expectation, either fully, or near, 20. years: Of which his Lordship would say, in Queen Elizabeth's Time; That it was, like another Man's Ground, buttalling upon his House; which might mend his Prospect, but it did not fill his Barn. (Nevertheless, in the time, of King James, it fell unto him. Which might be imputed; Not so much, to her Majesty's Averseness, or Disaffection, towards him; As to the Arts, and Policy, of a Great Statesman, ●hen; who laboured, by all Industrious, and secret, Means, to suppress, and keep him down; Lest, if he had rise●, he might have obscured his Glory. But though, he stood long at a stay, in the Days, of his Mistress, Queen Elizabeth; Yet, after the change, and Coming in, of his New Master, King James, he made a great Progress; By whom, he was much comforted, in Places, of Trust, Honour, and Revenue. I have seen, a Letter, of his Lordships, to King James, wherein he makes Acknowledgement; That He was that Master to him, that had raised, and advanced him, nine times; Thrice in Dignity, and Six times, in Office. His Offices (as I conceive,) were; Counsel Learned Extraordinary, to his Majesty, as he had been, to Queen Elizabeth; Kings Solicitor General; His Majesty's Attorney General; Counsellor of Estate, being yet but Attorney; Lord Keeper of the Great Seal of England; Lastly, Lord chancellor: Which two last Places, though they be the same, in Authority, and Power; yet they differ in Patent, Height, and Favour of the Prince: Since whose time, none of his Successors, did ever bear the Title, of Lord chancellor. His Dignities were, first Knight; Then Baron of Verulam; Lastly, Viscount Saint Alban: Besides other good Gifts, and Bounties, of the Hand, which his Majesty gave him; Both out of the Broad Seal; And out of the Alienation Office. Towards his Rising years, not before, he entered into a married Estate; And took to Wife, Alice, one of the Daughters, and Coheirs, of Benedict Barnham, Esquire, and Alderman of London; with whom He received, a sufficiently ample, and liberal Portion, in Marriage. Children he had none: which though they be the Means, to perpetuate our Names, after our Deaths; yet he had other Issues, to perpetuate his Name; The Issues, of his Brain; In which he was ever happy, and admired; As Jupiter was, in the production of Pallas. Neither did the want of Children, detract from his good usage, of his Consort, during the Intermarriage: whom he prosecuted, with much Conjugal Love, and Respect; with many Rich Gifts, and Endowments; Besides a Robe of Honour, which he invested her withal; which she wore, until her Dying Day; Being twenty years, and more, after his Death. The last five years of his Life, being with-drawn from Civil Affairs, and from an Active Life, he employed wholly, in Contemplation, and Studies. A Thing, whereof his Lordship would often speak, during his Active Life; As if he affected, to die in the Shadow, and not in the Light; which also, may be found, in several Passages, of his Works. In which time, he composed, the greatest Part, of his Books, and Writings; Both in English, and Latin: Which I will enumerate, (as near as I can,) in the just Order, wherein they were written. The History, of the Reign, of King Henry, the Seventh: Abecedarium Naturae; or A Metaphysical Piece; which is lost: Historia Ventorum: Historia vitae & Mortis: Historia Densi, & Rari, not yet Printed: Historia Gravis, & Levis, which is also lost: A Discourse, of a War, with Spain: A Dialogue, touching an Holy War: The Fable, of the New Atlantis: A Preface, to a Digest, of the Laws of England: The Beginning, of the History, of the Reign, of King Henry, the Eighth: De Augmentis Scientiarum; Or the Advanccment of Learning, put into Latin, with several Enrichments, and Enlargements: Counsels Civil, and Moral; Or his Book of Essays, likewise, Enriched, and enlarged: The Conversion, of certain Psalms, into English Verse. The Translation into Latin; of the History, of King Henry the Seventh; of the Counsels, Civil, and Moral; of the Dialogue, of the Holy War; of the Fable, of the New Atlantis; For the Benefit, of other Nations. His Revising, of his Book, De Sapientià Veterum. Inquisitio de Magnete; Topica Inquisitionis, de Luce, & Lumine; Both these, not yet Printed. Lastly, Sylva Sylvarum, or the Natural History. These were the ●ruits, and Productions, of his last five years. His Lordship also designed, upon the Motion, and Invitation, of his late Majesty; To have written the Reign, of King Henry, the Eighth; But that Work Perished, in the Designation● merely; God not lending him Life, to proceed further upon it, then only, in one Morning's Work: Whereof there is Extant, An, Ex Ungue Leonem, already Printed, in his Lordship's Miscellany Works. There is a Commemoration due; As well, to his Abilities, and Virtues, as to the Course, of his Life. Those Abilities, which, commonly, go single, in other Men, though of prime, and Observable, Parts, were all conjoined, and met, in Him. Those are, Sharpness of Wit, Memory, Judgement, and Elocution. For the Former Three, his Books do abundantly speak them; which, with what Sufficiency he wrote, let the World judge; But with what Celerity he wrote them, I can best testify. But for the Fourth, his Elocution; I will only set down, what I heard, Sir Walter Rauleigh, once speak of him, by way of Comparison; (whose judgement may well be trusted;) That the Earl of Salisbury, was an excellent Speaker, but no good Penman; That the Earl of Northampton, (the Lord Henry Howard,) was an excellent Penman, but no good Speaker; But that, Sir Francis Bacon, was Eminent in Both. I have been enduced to think; That if there were, a Beam of Knowledge, derived from God, upon any Man, in these Modern Times, it was upon Him. For though he was a great Reader of Books; yet he had not his Knowledge from Books; But from some Grounds, and Notions, from within Himself. Which, notwithstanding, he vented, with great Caution, and Circumspection. His Book, of Instauratio Magna, (which, in his own Account, was the chiefest, of his works,) was no 'Slight Imagination, or Fancy, of his Brain; But a Settled, and Concocted, Notion; The Production, of many years, Labour, and Travel. I myself, have seen, at the least, Twelve Copies, of the Instauration; Revised, year by year, one after another; And every year altered, and amended, in the Frame thereof; Till, at last, it came to that Model, in which it was committed to the Press: As many Living Creatures, do lick their young ones, till they bring them, to their strength of Limbs. In the Composing, of his Books, he did rather drive, at a Masculine, and clear, Expression, than at any Fineness, or Affectation, of Phrases: And would often ask, if the Meaning were expressed, plainly enough: As being one, that accounted words, to be but subservient, or Ministerial, to Matter; And not the Principal. And if his Style were Polite, it was because he could do no otherwise. Neither was he given, to any Light Conceits; Or Descanting upon Words; But did ever, purposely, and industriously, avoid them, For he held such Things, to be but Digressions, or Diversions, from the Scope intended; And to derogate, from the Weight, and Dignity, of the Style. He was no Plodder upon Books; Though he read much; And that, with great judgement, and Rejection of Impertinences, incident to many Authors: For he would ever interlace, a Moderate Relaxation, of His Mind, with his Studies; As Walking; Or Taking the Air abroad in his Coach; or some other befitting Recreation: And yet, he would lose no Time, In as much, as upon his First, and Immediate Return, he would fall to Reading again: And so suffer, no Moment of Time, to Slip from him, without some present Improvement. His Meals, ●ere Refections, of the Ear, as well as of the Stomach: Like the Noctes Atticae; or Convivia Deipno-Sophistarum; Wherein, a Man might be refreshed, in his Mind, and understanding, no less, then in his Body. And I have known some, of no mean Parts, that have professed, to make use, of their Note-Books, when they have risen, from his Table. In which Conversations, and otherwise, he was no Dashing Man; As some Men are; But ever, a Countenancer, and Fosterer, of another Man's Parts. Neither was he one, that would appropriate the Speech, wholly to Himself; or delight to outvie others; But leave a Liberty, to the Coassessours, to take their Turns. Wherein he would draw a Man on, and allure him, to speak upon such a Subject, as wherein he was peculiarly Skilful, and would delight to speak. And, for Himself, he contemned no Man's Observations; But would light his Torch, at every Man's Candle. His Opinions, and Assertions, were, for the most part, Binding; And not contradicted, by any: Rather like Oracles, than Discourses. Which may be imputed, either to the well weighing of his Sentence, by the Skales, of Truth, and Reason; Or else, to the Reverence, and Estimation, wherein he was, commonly, had, that no Man would contest with him● So that, there was no Argumentation, or Pro and Con, (as they term it,) at his Table: Or if their chanced, to be any, it was Carried, with much Submission, and Moderation. I have often observed; And so have other Men, of great Account; That if he had occasion, to repeat, another Man's Words, after him; he had an use, and Faculty, to dress them, in better Vestments, and Apparel, than they had before: So that, the Author, should find his own Speech much amended; And yet the Substance, of it, still retained. As if, it had been Natural to him, to use good Forms; As Ovid spoke, of his Faculty, of Versifying; Et quod tentabam Scribere, Versus erat. When his Office, called him, as he was of the King's Counsel Learned, to charge any Offenders, either in Criminals, or Capitals; He was never of an Insulting, or Domineering Nature, over them; But always tender Hearted, and carrying himself decently towards the Parties; (Though it was his Duty, to charge them home:) But yet, as one, that looked upon the Example, with the Eye of Severity; But upon the Person, with the Eye, of Pity, and Compassion. And in Civil Business, as he was Counsellor of Estate, he had the best way of Advising; Not engaging his Master, in any Precipitate, or grievous, Courses; But in Moderate, and Fair, Proceedings: The King, whom he served, giving him this Testimony; That he ever dealt, in Business, Suavibus Modis; Which, was the way, that was most according to his own Heart. Neither was He, in his time, less Gracious with the Subject, then with his Sovereign: He was ever Acceptable, to the House, of Commons, when He was a Member thereof. Being the King's Attorney, & chosen to a place, in Parliament; He was allowed, and dispensed with, to sit in the House; which was not permitted, to other Attorneys. And as he was, a good Servant, to his Master; Being never, in 19 years' Service, (as himself averred,) rebuked by the King, for any Thing, relating to his Majesty; So he was, a good Master, to his Servants; And rewarded, their long Attendance, with good Places, freely, when they fell into his Power. Which was the Cause, that so many young Gentlemen, of Blood, and Quality; Sought to list themselves, in his Retinue. And if he were abused, by any of them, in their Places; It was only the Error, of the Goodness, of his Nature; But the Badges of their Indiscretions, and Intemperances'. This Lord was Religious: For though the World be apt, to suspect, and prejudge, Great Wits, and Politics, to have somewhat, of the Atheist; Yet he was conversant with God: As appeareth, by several Passages, throughout the whole Current, of his Writings. Otherwise, he should have crossed, his own Principles; which were; That a little Philosophy, maketh Men apt, to forget God; As attributing too much, to Second Causes; But Depth of Philosophy, bringeth a Man back, to God again. Now, I am sure, there is no Man, that will deny him, or account otherwise of him, but to have been, a deep Philosopher. And not only so; But he was able, to render a Reason, of the Hope, which was in him; Which that Writing of his, of the Confession, of the Faith, doth abundantly testify. He repaired frequently, when his Health would permit him, to the Service, of the Church; To hear Sermons; To the Administration, of the Sacrament, of the Blessed Body, and Blood, of Christ; And died, in the true Faith, established in the Church, of England. This is most true; He was free from Malice; which, (as he said Himself,) He never bred, nor fed. He was no Revenger of Injuries; which if he had minded, he had both Opportunity, and Place High enough, to have done it. He was no Heaver of Men, out of their Places; As delighting, in their Ruin, and Undoing. He was no Defamer, of any Man, to his Prince. One Day, when a great Statesman, was newly Dead; That had not been his Friend; The King asked him; What he thought, of that Lord, which was gone? He answered; That he would never have made, his Majesty's Estate better; But he was sure, he would have kept it, from being w●rse. Which was the worst, he would say of him. Which I reckon, not amongst his Moral, but his Christian, Virtues. His Fame is greater, and sounds louder, in Foreign Parts, abroad, then at home, in his own Nation. Thereby verifying that Divine Sentence; A Prophet is not without Honour, save in his own Country, and in his own House. Concerning which, I will give you a Taste only, out of a Letter, ●ritten from Italy, (The Store-House of Refined Wits,) to the late Earl of Devonshire; Then, the Lord Candish. I will expect the New Essays, of my Lord Chancell●r Bacon; As also his History, with a great deal of Desire; And whatsoever else, he shall compose. But in Particular, of his History, I promise myself, a Thing perfect, and Singular; especially in Henry the Seventh; Where he may exercise, the Talon, of his Divine Understanding. This Lord is, more and more, known; And his Books here, more and more, delighted in; And those Men, that have more than ordinary Knowledge, in Humane Affairs, esteem him, one of the most capable Spirits, of this Age; And he is truly such. Now his Fame doth not decrease with Days since, but rather increase. Divers of his Works, have been, anciently, and yet lately translated, into other Tongues, both Learned, and Modern, by Foreign Pens. Several Persons of Quality, during his Lordship's Life, crossed the Seas on purpose, to gain an Opportunity, of Seeing him, and Discoursing with him● whereof one, carried his Lordship's Picture, from Head to Foot, over with Him, into France; As a Thing, which he foresaw, would be much desired there; That so they might enjoy, the Image of his Person; As well as the Images of his Brain, his Books. Amongst the rest, Marquis Fiat; A French Nobleman; who came Ambassador into England, in the Beginning, of Queen Mary, Wife to King Charles● was taken, with an extraordinary Desire of Seeing him: For which, he made way, by a Friend: And when he came to him, being then, through weakness, confined to his Bed; The Marquis saluted him, with this High Expression; That his Lordship, had been ever to Him, like the Angels; of whom he had often heard; And read much of them in Books; But he never saw them. After which, they contracted an intimate Acquaintance; And the Marquis did so much revere him; That besides his Frequent visits; They wrote Letters, one to the other, under the Titles, and Appellations, of Father, and Son. As for his many Salutations, by Letters, from Foreign Worthies, devoted to Learning; I forbear, to mention them; Because that is a Thing, common to other Men, of Learning, or Note, together with him. But yet, in this Matter of his Fame, I speak, in the Comparative, only, and not in the Exclusive. For his Reputation is great, in his own Nation, also; Especially amongst those, that are, of a more Acute, and sharper, judgement: Which I will exemplify, but with two Testimonies, and no more. The Former; When his History, of King Henry, the Seventh was to come forth; It was delivered, to the old Lord Brooke, to be perused by him; who when he had dispatched it, returned it to the Author, with this Eulogy: Commend me, to my Lord; And bid him take care, to get good Paper & Ink; For the Work is Incomparable. The other, shall be that, of Doctor Samuel Collins, late Provost, of King's College, in Cambridge; A Man of no vulgar Wit; who affirmed unto me; That when he had read, the Book of the Advancement of Learning; He found Himself in a case, to begin his Studies a new; And that he had lost, all the Time, of his studying, before. It hath been desired; That something should be signified, touching his Diet; And the Regiment, of his Health: Of which, in regard, of his Universal Insight, into Nature, he may, (perhaps,) be, to some, an Example. For his Diet; It was rather a plentiful, and liberal, Diet, as his Stomach would bear it, than a Restrained. Which he also commended, in his Book, of the History, of Life, and Death. In his younger years, he was much given, to the Finer, and Lighter, sort of Meats; As of Fowls, and such like: But afterward, when he grew more judicious; He preferred the stronger Meats; such as the Shambles afforded; As those Meats, which bred the more firm, and substantial Juices, of the Body; And less Dissipable: upon whi●h, he would often make his Meal; Though he had other Meats, upon the Table. You may be sure; He would not neglect that Himself, which He so much extolled, in his Writings; And that was the Use of Nitre: Whereof he took, in the Quantity, of about three Grains, in thin, warm, Broth, every Morning, for thirty years together, next before his Death. And for Physic, he did, indeed, live Physically, but not miserably: For he took only, a Maceration of Rhubarb: Infused into a Draught, of White Wine, and Beer, mingled together, for the Space of half an Hour; Once in six, or seven Days; Immediately before his Meal, (whether Dinner, or Supper,) that it might dry, the Body, less: which, (as he said,) did carry away frequently, the Grosser Humours, of the Body; And not diminish, or carry away, any of the Spirits; As Sweeting doth. And this was no Grievous Thing to take. As for other Physic, in an ordinary way, (whatsoever hath been vulgarly spoken;) he took not. His Receipt, for the Gout; which did, constantly, ease him of his Pain, within two Hours, Is already set down, in the End, of the Natural History. It may seem, the Moon, had some Principal Place, in the Figure, of his Nativity. For the Moon, was never in her Passion, or Eclipsed, but he was surprised, with a sudden Fit, of Fainting: And that, though he observed not, nor took any previous Knowledge, of the Eclipse thereof: And assoon as the Eclipse ceased, he was restored, to his former strength again. He died, on the 9th. Day of April, in the year 1626● In the early Morning, of the Day, then celebrated, for our Saviour's Resurrection; In the 66th. year of his Age; At the Earl of arundel's House, in Highgate, near London; To which Place, he casually repaired, about a week before; God so ordaining, that he should die there: Of a Gentle Fever, accidentally accompanied, with a great Cold; whereby the Defluxion of Rheum, fell so plentifully upon his Breast, that he died by Suffocation: And was buried, in Saint Michael's Church, at Saint Alban; Being the Place, designed for his Burial, by his last Will, and Testament; Both because, the Body, of his Mother, was interred there; And because, it was the only Church, then remaining, within the Precincts, of old Verulam: Where he hath a Monument, erected for him, of White Marble; (By the Care, and Gratitude, of Sir Thomas Meauties, Knight, formerly his Lordship's Secretary; Afterwards Clark, of the King's Honourable Privy Counsel, under two Kings:) Representing his full Portraiture, in the Posture, of studying; with an Inscription, composed, by that Accomplished Gentleman, and Rare Wit, Sir Henry Wotton. But howsoever, his Body, was Mortal; yet, no doubt, his Memory, and Works, will live; And will, in all probability, last, as long as the World lasteth. In order to which, I have endeavoured, (after my poor Ability,) to do this Honour, to his Lordship, by way, of conducing to the same. SPEECHES IN Parliament, STAR-CHAMBER, King's Bench, CHANCERY, AND OTHERWHERE, Of the Right Honourable FRANCIS BACON, 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, near the Mitre Tavern, 1657. A SPEECH IN PARLIAMENT, Elizabeth 39 UPON THE MOTION of SUBSIDY. 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 persuaded, and enforced; And by Him, that last spoke, so much time taken, and yet to good purpose; As I shall speak at a great disadvantage: But because it hath been always 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 Generality, as by persons of Authority; I will say somewhat, and not much: wherein i● shall not be fit for me, to enter into, or to insist, upon secrets, either of her Majesties●offers ●offers, or of her Council, but my Speech must be, of a more vulgar Nature. I will not enter (Mr. Speaker) into a laudative Speech, of ●he high and singular Benefits, which, by her Majesties, most politic, 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 h●r Majesty, in her Magnanimity, doth bestow her benefits, like her freest Patents, absque aliquo inde reddendo; Not looking for any thing again, (i● it were in respect only of her particular,) but Love, and Loyalty. Neither, will I now, a● 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 Demonstration, (what opinion soever be conceiv●d,) that never Subjects were partakers of greater Freedom, and Ease; And that, whether you look abroad, into other Countries, at this present time● or look back to former Times, in this our own Country; we shall find an exceeding Difference, in matter ●f Taxes; which now I reserve to mention; not so much in doubt to acquaint your Ears with Foreign Strains, or to dig up the Sepulchres ●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 ●it to persuade the general point; And particularity is more proper and seasonable for the Committee. Neither will I make any Observations, upon her Majesty's manner of expending and issuing Treasure; being not upon excessive and exorbitant Donatives; nor upon sumptuous and unnecessary Triumphs, Buildings, or like Magnificence; but upon the Preservation, Protection, and Honour of the Realm. For I dare no● scan up●n he● Majesty's A●●ion; wh●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, ●hat the Treasure that cometh from you to h●r Majesty, is but as a Vapour, which ●iseth from the Earth, and gather●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 ●rance, or Flaunders? It is like a sweet Odour of Honour, and Reputation, to our Nation throughout the World. But I will only insist upon the Natural, 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 Increase: In as much as those Counsels which tend to preservation, seem to be attended with necessity; whereas those Deliberations, which tend to Benefit, seem only accompanied with persuasion. And it is ever gain, and no loss, when at the foot of he account, the●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 Blood, to save and clear the rest. The Seafaring Man will, in a Storm, cast over some of his Goods, to save and assure the rest. The Husbandman will afford some Foot of Ground, for his Hedge and Ditch, to fortify 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 myself, 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 increased: 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 Kingdoms and States are entered into Terms 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 Peril, and Motion, and this dull Humour, is not sharpened, nor inflamed, by any provocations, or scorns. Now if it please you to examine, 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 Quarrel, 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 man's 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 broke forth before, hath run on, and raged more: which cannot but be a great Attractive, to the Ambition, of the Cowcel of Spain, who by former experience know, of how tough a Complexion, this Realm of England is, to be assailed: And therefore (as Rheums, and Fluxes, of Humours,) is like to resort to that part, which is weak, and distempered. And lastly, it is famous now, and so will be many Ages hence, how by these two Sea-Journey's, we have braved him, and objected him to scorn: so that no Blood, can be so frozen, or mortified, But must needs take Flames of Revenge, upon so mighty Disgrace. So as this Concurrence of Occurrents, all since our last Assembly; some to deliver, and free, our enemies; some to advance, and bring him, on his way; some to tempt, and allure him; some to spur on, and provoke him; cannot but threaten, an increase of our Peril, in great Proportion. Lastly, (Mr. Speaker,) I will but reduce to the Memory of this House, one other Argument, for ample and large providing, and supplying Treasure; And this it is. I see, Men do with great Alacrity, and Spirit, proceed, when they have obtained a course, they long wished for, and were restrained from. Myself can remember, both in this Honourable assembly, and in all other places of this Realm, how forward, and affectionate, men were, to have an Invasive War. Then we would say; A Defensive War, was like eating, and consuming Interest; And needs we would be Adventurers, and Assailants. Habes quod totâ ment petisti. Shall we not now make it good? especially, when we have tasted, so prosperous Fruit, of our Desires? The first of these Expeditions Invasive, was achieved with great Felicity; ravished a strong and famous Port, in the Lap, and Bosom, of their high Countries: Brought them to such Despair, as they fired themselves, and their Indian Fleet; in Sacrifice, as a good Odour unto God, for the great and Barbarous Cruelties, which they have committed, upon the poor Indians, whither that Fleet was sailing; Disordered their Reckonings; so as the next News we heard of, was nothing but protesting of Bills, and Breaking credit. The second Journey, was, with notable Resolution, born up against Wether, and all Difficulties; And besides the success, in amusing him, and putting him to infinite charge, sure I am, it was like a Tartars, or Parthians Bow, which shooteth backward; And had, a most strong, and violent effect, and Operation, both in France and Flaunders, so that our Neighbours, and Confederates, have reaped the Harvest of it; And while the Life Blood of Spain, went inward to the Heart, the outward Limbs, and Members trembled, and could not resist. And lastly, we have a perfect account, of all the Noble, and good Blood, that was carried forth; And of all our Sea-walls, and good Shipping without Mortality of Persons, wreck of Vessels, or any manner of Diminution. And these have been the happy Effects, of our, so long, and so much desired, Invasive War. To conclude (Mr. Speaker) therefore I doubt not, but every Man will consent, that our Gift must bear, these two Marks, and Badges: The one, of the Danger, of the Realm, by so great a Proportion, since the last Parliament, increased: The other, of the satisfaction we receive, in having obtained, our so earnest, and ardent Desire, of an Invasive War. A Speech made by Sir FRANCIS BACON Knight, chosen by the Commons, to present a Petition, touching Purveyors, delivered to his Majesty, in the withdrawing Chamber, at White-Hall, in the Parliament, held ●o. & 2ᵒ. jacobi, the first Session. IT is well known, to your Majesty, (excellent King) that the Emperors of Rome, for their better Glory, and Ornament, did use in their Titles, the Additions of the Countries and Nations, where they had obtained victories: As Germanicus, Britannicus, & the like: But after all those Names, as in the higher place, followed the Name of Pater Patriae, as the greatest Name of all human Honour, immediately preceding that Name of Augustus; whereby they took themselves, to express some Affinity, that they had, (in respect of their Office,) with Divine Honour. Your Majesty might, with good reason, assume to yourself, many of those other Names; As, Germanicus, Saxonicus, Britannicus, Francicus, Danicus; Gothicus, and others, as appertaining to you; Not by Bloodshed, (as they bore them,) but by Blood: your Majesty's Royal Person, being a noble confluence, of streams, and veins, wherein the Royal Blood of many Kingdoms of Europe, are met, and united. But no Name is more worthy of you, nor may more truly be ascribed unto you, than that Name, of Father of your people, which you bear, and express, not in the Formality of your stile, but in the real Course of your Government. We ought not to say unto you, as was said to Caesar julius; Quae miremur, habemus, quaelaudemus, expectamus: That we have already, wherefore to admire you, And that now we expect somewhat, for which to commend you. For we may, (without suspicion of Flattery) acknowledge, that we have found in your Majesty, great Cause, both of Admiration, and Commendation. For great is the Admiration, wherewith you have possessed us, since this Parliament began, in those two Causes, wherein we have had access unto you, and heard your Voice: That of the return of Sr. Francis Goodwin; And that of the Union: Whereby it seemeth unto us; The one of these, being so subtle a Question of Law; And the other, so high a Cause of Estate; That, as the scripture ●aith, of the wisest King; That his Heart was as the Sands of the Sea; which, though it be one of the largest, and vastest Bodies, yet it consisteth, of the smallest Moats, and Portions. So (I say) it appeareth unto us, in these two examples, that God hath given your Majesty a rare sufficiency, both to compass, and fathom, the greatest matters, and to discern the least. And for matter of Praise, and Commendation, which chiefly belongeth to Goodness, we cannot but with great thankfulness profess; That your Majesty, within the Circle of one Year, of your Reign, (infra Orbem Anni Vertentis) hath endeavoured, to unite your Church, which was divided; To supply your Nobility, which was diminished; And to ease your People, in Cases, where they were burdened, and oppressed. In the last of these, your high Merits; That is the Ease, and Comfort, of your People; Doth fall out to be comprehended, the Message, which I now bring unto your Majesty; concerning the great Grievance, arising, by the manifold Abuses, of ●urveyors; Differing, in some Degree, from most of the things, wherein we deal, and consult; For it is true, that the Knights, Citizens, and ●urgesses in Parliament assembled, are a Representative Body, of your Commons, and Third Estate: And in many matters, although we apply ourselves, to perform the trust, of those that choose us; yet, it may be, we do speak much, out of our own Senses, and Discourses. But in this Grievance, being of that Nature, whereunto the poor People is most exposed, and Men of Quality less; we shall most humbly desire your Majesty, to conceive, That your Majesty, doth not hear, our Opinions, or Senses, but the very Groans, and Complaints themselves, of your Commons, more truly, and vively, then by Representation. For there is no Grievance, in your Kingdom, so general, so continual, so sensible, and so bitter unto the common Subject, as this whereof we now speak. Wherein, it may ple●se your Majesty, to vouchsafe me leave; First, to set forth unto you, the dutiful, and respective Carriage, of our proceeding; N●xt the substance of our Petition; And Thirdly, some Reasons and Motives, which, in all Humbleness, we do offer to your Majesties, Royal Consideration, or Commiseration: we assuring ourselves, that never King reigned, that had better Notions of Head, and Motions of Heart, for the Good, and Comfort, of his loving Subjects. For the first; In the Course of Remedy, which we desire, we pretend not, nor intent not, in any sort, to derogate from your Majesty's Prerogative; Nor to touch, diminish, or question, any your Majesty's Regalities, or Rights. For we seek nothing, but the Reformation of Abuses, and the Execution of former Laws, whereunto we are born. And although, it be no strange Thing in Parliament, for new Abuses, to crave new Remedies; yet nevertheless in these Abuses, (which, if not in Nature, yet in extremity, and Height of them, are most of them new) we content ourselves with the old Laws: Only we desire a Confirmation, and Quickening of them, in their Execution; So far are we, from any Humour of Innovation, or Encroachment. As to the Court, of the Green-Clo●h, ordained, for the Provision, of your Majesty's most Honourable Household, we hold it Ancient, we hold it Reverend. Other Courts respect your Politic Person, but that respects your Natural Person. But yet notwithstanding, (most Excellent King,) to use that Freedom, which to Subjects, that pour out their Griefs before so gracious a King, is allowable, we may very well allege unto your Majesty, a Comparison, or Simitude, used by one of the Fathers, in another Matter; And not unfitly representing our Case, in this point: And it is of the Leaves, and Roots, of Nettles. The Leaves, are venomous, and stinging, where they touch: The Root is not so, but ●s without Venom, or Malignity: and yet it is that Root, that bears, and supports, all the Leaves. To come now, to the substance, of our Petition. It is no other, then by the Benefit of your Majesty's Laws, to be relieved, of the Abuses, of Purveyors; Which Abuses, do naturally divide themselves, into three sorts. The first, they take in Kind, that they ought not to take. The second, they take in Quantity, a far greater proportion, then cometh to your Majesties Use. The Third, they take in an unlawful manner: In a manner, (I say) directly, and expressly, prohibited, by divers Laws. For the First of these; I am a little to alter their Name. For instead of Takers, they become Taxers: Instead of taking Provision for your Majesty's service, they tax your people, ad redimendam vexationem: Imposing upon them, and extorting from them, divers sums of Money, sometimes in gross, sometimes in the nature of Stipends annually paid, Ne noceant, to be freed, and eased, of their oppression. Again, they take Trees, which by Law they cannot do; Timber-Trees, which are the Beauty, Countenance, and Shelter, of men's Houses; That Men have long spared, from their own purse, and profit; That Men esteem, (for their use, and delight,) above ten times the value: That are a Loss, which Men cannot repair, or recover. These do they take, to the Defacing, and Spoiling, of your Subjects Mansions, and Dwellings; Except they may be compounded with, to their own Appetites. And if a Gentleman, be too hard for them, while he is at home, They will watch their time, when there is but a Bailiff, or a Servant, remaining, And put the Axe to the Root of the Tree, ere ever the Master can stop it. Again they use a strange, and most unjust, Exaction; In causing the Subjects, to pay Poundage, of their own Debts, due from your Majesty unto them: So as a poor Man, when he hath had his Hay, or his Wood, or his Poultry, (which, perchance, he was full loath to part with, and had, for the Provision, of his own Family, and not, to put to Sale,) taken from him; And that not at a just Price, but under the value; And cometh to receive his Money, he shall have, after the rate, of 12. pence in the Pound, abated, for Poundage, of his due Payment, upon so hard Conditions. Nay further, they are grown to that extremity, (as is affirmed, though it be scarce credible; save that in such Persons, all things are Credible) that they will take double Poundage; Once when the Debentur is made; And ●gain the second time, when the Money is paid. For the second Point, (most Gracious Sovereign) touching the Quantity which they take, far above that which is answered to your Majesty's use, they are the only Multiplyers in the world; They have the Art of Multiplication: For it is affirmed unto me● by divers Gentlemen, of good report, and Experience, in these Causes, as a Matter, which I may safely avouch, before your Majesty, (To whom we owe all Truth, as well of Information, as Subjection;) That there is no Pound Profit, which redoundeth to your Majesty, in this Course; But induceth, and begetteth three Pound damage upon your Subjects; besides the Discontent. And to the end, they may make their Spoil, more securely, what do they? whereas divers Statutes, do strictly provide, that whatsoever they take, shall be registered, and attested; To the end, that by making a Collation, Of that which is taken from the Country, and that which is answered above, their Deceits might appear; They, to the end, to obscure their Deceits, utterly omit the Observation of this, which the Law prescribeth. And therefore to descend, if it may please your Majesty, to the Third sort of Abuse; which is of the unlawful Manner of their Taking, whereof this Question is a Branch; It is so manifold, as it rather asketh an Enumeration, of some of the Particulars, than a prosecution of all. For their Price: By Law they ought to take, as they can agree with the Subject; By Abuse they take, at an imposed, and enforced, Price: By Law, they ought to make, but one Aprizement, by Neighbours, in the Country; By Abuse, they make a second Aprizement at the Court Gate; And when the Subject's cattle, come up, many Miles, lean, and out of Plight, by reason of their Travel, than they prise them anew, at an abated price: By Law, they ought to take, between Sun and Sun; By Abuse, they take by Twilight, and in the Night time, A Time well chosen for Malefactors: By Law, they ought not to take in the High ways, (A place, by your Majesty's high prerogative, protected; And by Statute, by special words, excepted;) By abuse, they take in the ways, in Contempt of your Majesty's prerogative, and Laws: By Law, they ought to show their Commission; And the Form of Commission, is, by Law set down; The Commissions, they bring down, are against the Law; And because, they know so much, they will not show them. A number of other particulars there are, whereof, (as I have given your Majesty a Taste,) so the chief of them, upon deliberate Advise, are set down in writing, by the Labour of certain Committees, and approbation of the whole House, more particularly, and lively, than I can express them; Myself having them at the second hand, by reason of my Abode above. But this writing, is a Collection of theirs, who dwell amongst the Abuses of these offenders, and Complaints of the People: And therefore, must needs have, a more perfect understanding, of all the Circumstances of them. It remaineth only, that I use a few words, the rather, to move your Majesty, in this cause. A few words, (I say,) a very few, For neither need so great Enormities any aggravating; Neither needeth so great Grace, as useth of itself, to flow from your Majesty's Princely Goodness, any Artificial persuading. There be two Things only, which I think good, to set before your Majesty. The one, the Example, of your most Noble progenitors, Kings of this Realm: who from the First King, that endowed this Kingdom, with the Great Charters of their Liberties, until the last, have ordained, most of them, in their several Reigns. some Laws, or Law against this kind of Offenders: And specially the Example of one of them; That King, who for his Greatness, Wisdom, Glory, and Union of several Kingdoms, resembleth your Majesty most, both in Virtue, and Fortune, King Edward the Third; who, in his time only, made ten seve●rall Laws, against this Mischief. The second, is the Example, of God himself; who hath said and pronounced; That he will not hold them guiltless, that take his Name in vain. For all these great Misdemeanours, are committed, in, and under your Majesty's Name. And therefore we hope your Majesty, will hold th●m twice guilty, that commit these offences: Once for the Oppressing, of the People: And once more, for doing it, under the Colour, and abuse, of your Majesty's most dreaded, and beloved, Name. So then, I will conclude, with the saying of Pindarus; Optima Res Aqua: Not for the Excellency, but for the Common use of it: And so contrariwise, the Matter of Abuse of Purveyance, (if it be not the most heinous Abuse,) yet certainly, it is the most common, and general, Abuse, of all others, in this Kingdom. It resteth, that according to the Command laid upon me, I do, in all Humbleness, present this writing, to your Majesty's Royal Hands; with most humble Petition, on the Behalf, of the Commons; That, as your Majesty, hath been pleased, to vouchsafe, your Gracious Audience, to hear me speak: So you would be pleased, to enlarge your Patience, to hear this writing read, which is more Material. A Speech used by Sir Francis Bacon in the Lower House of Parliament, 5ᵒ. Jacobi, concerning the Article, of general Naturalisation, of the Scottish Nation. IT may please you, (Mr. Speaker,) Preface will I use none, but put myself, upon your good Opinions, to which I have been accustomed beyond my Deservings. Neither will I hold you in suspense, what way I will choose; But now, at the first, declare myself, that I mean to counsel the House, to naturalise this Nation. Wherein, nevertheless, I have a request to make unto you; which is of more Efficacy, to the purpose, I have in Hand, than all that I shall say afterwards. And it is the same, which Demosthenes did, more than once, in great Causes of Estate, make to the People of Athens; Vt cum Calculis Suffragiorum, suman● Magnanimitatem Reip. That when they took into their Hands, the Balls, whereby to give their Voices, (according as the manner of them was;) They would raise their Thoughts, and lay aside those Considerations, which their private Vocations, and Degrees, might minister, and represent unto them: And would take, upon them, Cogitations, and Minds, agreeable to the Dignity, and Honour, of the Estate. For, Mr. Speaker, as it was aptly, and sharply said, by Alexander, to Parmenio; when upon the Recital, of the great offers, which Darius made, Parmenio said unto him; I would accept these offers, were I as Alexander: He Turned it upon him again; So would I, (saith he) were I as Parmenio. So, in this cause, if an honest English Merchant, (I do not single out that State, in disgrace; For this Island ever held it Honourable; But only for an Instance, of a private profession:) If an English Merchant should say, Surely I would proceed no further in the union, were I as the King; It might be reasonably answered; No more would the King, were he as an English Merchant. And the like may be said of a Gentleman of the Country, be he never so worthy, and sufficient; Or of a Lawyer, be he never so wise, and learned; Or of any other particular Condition, in this Kingdom. For certainly, Mr. Speaker, if a Man shall be only, or chiefly, sensible, of those Respects, which his particular Vocation, and Degree, shall suggest, and infuse, into him; And not enter into true, and worthy Considerations, of Estate, he shall never be able aright to give Counsel, or take Counsel, in this Matter. So that if this Request be granted, I account the Cause obtained. But to proceed to the Matter itself. All Consultations, do rest, upon Questions Comparative. For when a Question is, De Vero, it is simple. For there is but one Truth: But when a Question is De Bono, it is for the most part Comparative: For there be differing Degrees, of Good, and Evil; And the best, of the Good, is to be preferred, and chosen; And the worst, of the Evil, is to be declined, and avoided. And therefore, in a Question of this Nature, you may not look for Answers, proper to every Inconvenience, alleged: For somewhat that cannot be specially answered, may, nevertheless, be encountered, and over-weighed, by matter of greater moment. And therefore the Matter, which I shall set forth unto you, will naturally receive this Distribution of three parts. First, an Answer, unto those Inconveniences, which have been alleged, to ensue, if we should give way to this Naturalisation: which, I suppose, you will find, not to be so great, as they have been made: But that much Dross, is put into the Balance, to help to make weight. Secondly, an Encounter against the Remain, of those Inconveniences, which cannot properly be answered; By much greater Inconveniences, which we shall incur, if we do not proceed, to this Naturalisation. Thirdly, an Encounter likewise, but of another Nature; That is, by the gain, and benefit, which we shall draw, and purchase to ourselves, by proceeding to this Naturalisation. And yet to avoid Confusion, which evermore followeth of too much Generality, it is necessary for me, before I proceed to persuasion, to use some Distribution of the Points, or Parts of Naturalisation: Which certainly can be no better, nor none other, than the ancient Distribution, of Ius Civitatis, Ius Suffragii, vel Tribus, and Petitionis, sive Honorum. For all Ability, and Capacity, is either of private Interest, of Meum & Tuum, or of public Service. And the public consisteth chiefly, either in Voice, or in Office. Now it is the First of these, Mr. Speaker, that I will only handle at this Time, and in this Place; And reserve the other two, for a Committee; Because they receive, more Distinction, and Restriction. To come therefore, to the Inconveniences, alleged on the other part. The first of them is, that there may ensue of this Naturalisation, a surcharge of people upon this Realm of England; which is supposed already, to have the full charge, and content: & therefore, there cannot be an admission of the adoptive, without a Diminution, of the Fortunes, and Conditions, of those that are Native Subjects of this Realm. A grave Objection, Mr. Speaker, and very dutiful: For it proceedeth not, of any unkindness, to the Scottish Nation, but of a Natural Fastness to ourselves. For that Answer of the Virgins; Ne fort non sufficiat Vobis & Nobis, proceeded, not out of any Envy, or malign humour, but out of providence, and that original charity, which begins with ourselves. And I must confess, Mr. Speaker, that, as the Gentleman said, when Abraham, and Lot, in regard of the Greatness of their Families, grew penned, and straitened; it is true, that (Brethren though they were) they grew to difference, and to those words; Vade i● ad Dextram, & ego ad sinistram, etc. But certainly● I should never have brought that Example on that side, For we see what followed of it; How that this Separation, ad Dextram, and ad Sinistram, cau●ed the miserable Captivity of the one Brother, and the Dangerous, though prosperous War, of ●he other, for hi● Rescous, and Recovery. But to this Objection, Mr. Speaker, being so weighty, and so principal, I mean to give thre● several Answers; every one o● them, being, to mine understanding by itself sufficient. The first is that this Opinion, of the Number, of the Scottish Na●ion, that should be likely, to plant themselves, here amongst us, will be found, to be a Thing, rather in Conceit, then in Event. For (Mr. Speaker) you shall find these plausible Similitudes, of a Tree, that will thrive the better, i● it be removed in to the more fruitful Soil; And of Sheep, or Cat●ell, that, if they find a Gap, or passage open, will leave the more barren Pasture, and get into the more rich, and plentiful; To be but Arguments merely superficial, and to have no sound Resemblance, wi●● the Transplanting, or Transferring of Families. For the Tree, we know, by nature, as soon as it is set in the better Ground, ca● fasten upon it, and take Nutriment from it: And a sheep, as soon as he gets, into the better Pasture, what should let him to graze, and feed? But there longeth more, (I take it,) to a Family, or particular Person, that shall remove, from one Nation, to another. For if (Mr. Speaker) they have not Stock, Means, Acquaintance and Custom, Habitation, Trades, Countenance, and th● like; I hope, you doubt not, but they will starve, in the midst, o● the rich Pasture; And are far enough off, from grazing, at their pleasure. And therefore, in this Point, which is conjectural, Experience is the best Gu●de: For the Time past, is a Pattern, o● the Time to come. I think, no Man doubteth, Mr. Speaker, bu● his Majesty's first coming in, was as the greatest Spring-t●de, for the Confluence, and Entrance, of that Nation. Now I woul● fain understand, in these four years' space, and in the Fullness, and Strength, of the Current, and Tide, how many Families, of the Scottish Men, are planted, in the Cities, Eurroughs, and Towns, of this Kingdom? For I do assure myself, that mo●e than some Persons of Quality, about his Majesty's People, here at the Court, and in London, And some other inferior Persons, that have a Dependency upon them; The Return and Certificate, if such a Survey, should be made, would be, of a Number, extremely small. I report me, to all your private knowledges, of the places, where you inhabit. Now (Mr. Speaker,) as I said; Simo in Ligno viridi ita fit, quid fiet in arido? I am sure there will be no more such Spring-tides. But you will tell me, of a multitude of Families, of the Scottish Nation● in Polonia: And if they multiply, in a Country, so far off, how much more here at hand? For that (Mr. Speaker) you must impute it, of necessity, to some special Accident, of Time, and place, that draweth them thither. For you see, plainly, before your eyes, that in Germany, which is much nearer; And in France, where they are invited with privileges, And with this very privilege, of Naturalisation, yet no such Number can be found. So as it cannot be, either nearness of place, or privilege of Person, that is the Cause. But shall I tell you (Mr. Speaker,) what I think: Of all the places in the world, near or far of, they will never take, that course of life, in this Kingdom, which they content themselves with, in Poland. For we see it, to be the Nature of all men, that they will rather discover Poverty abroad, then at home. There is never a Gentleman, that hath overreached himself in Expense, and thereby must abate his Countenance, but he will rather travel, and do it abroad, then at home. And we know well, they have good high Stomaches, and have ever stood, in some terms, and Emulation, with us; And therefore they will never live here, except they can live in good fashion. So as I assure you (Mr. Speaker,) I am of Opinion, that the strife, which we now have to admit them, will have like Sequel, as that Contention had, between the Nobility, and People of Rome, for the admitting of a Plebeian Consul; which while it was in Passing, was very vehement, and mightily stood upon: And when the People had obtained it; they never made any Plebeian Consul; No, not in 60. years after. And so will this be for many years, as I am persuaded, rather a Matter in Opinion, then in use, or effect: And this is the First Answer, that I give to this main Inconvenience, pretended, of Surcharge of People. The Second Answer, which I give to this Objection, is this: I must have leave to doubt, (Mr. Speaker,) that this Realm of England, is not yet peopled to the full. For certain it is, that the Territories of France, Italy, Flaunders, and some parts of Germany, do in equal space of Ground, bear and contain, a far greater Quantity of People, if they were mustered by the Poll. Neither can I see, that this Kingdom, is so much inferior, unto those sorrain Parts in fruitfulness, as it is in population; which makes me conceive, we have not our full charge. Besides, I do see manifestly among us, the Badges, and Tokens, rather of Scarceness, then of Press of People; as Drowned Grounds, Commons, Wastes, and the like: Which is a plain Demonstration, that howsoever there may be, an overswelling throng, and press of People, here about London, which is most in our Eye; yet the Body of the Kingdom, is but thin sown with People. And whosoever shall compare, the Ruins, and Decays, of ancient Towns, in this Realm, with the Erections, and Augmentations, of new; cannot but judge, that this Realm, hath been far better peopled in fo●mer times; It may be, in the Heptarchy, or otherwise; For generally the Rule holdeth, The smaller State, the greater Population, prorate. And whether, this be true, or no, we need not seek further, then to call to our remembrance, how many of us, serve here, in this place, ●or desolate, and decayed, Burroughs. Again (Mr. Speaker,) whosoever looketh into the Principles of Estate, must hold it, that it is the Mediterrane Countries, and not the Maritime, which need to fear surcharge of People. For all Sea provinces, and specially Islands, have another Element, besides the Earth, and Soil, for their Sustentation. For what an infinite, Number of people, are, and may be sustained by Fishing, Carriage by Sea, and Merchandizing? wherein, I do again discover, that we are not at all pinched, by Multitude of People. For if we were, it were not possible, that we should relinquish, and resign, such an infinite Benefit, of Fishing, to the Flemings, as, it is well known, we do. And therefore, I see, that we have wastes by Sea, as well as by Land: which still is an infallible Argument, that our Industry, is not awaked, to seek maintenance, by any over great Press, or charge of people. And l●stly (Mr. Speaker) there was never any Kingdom, in the Ages of t●e world, had, I think, so fair, and happy means, to issue, and discharge, the Multitude of their People, (if it were too great,) as this Kingdom hath; In regard, of that desolate, and wasted, Kingdom of Ireland; which, (being a Country, blessed, with almost all the Dow●ies of Nature; As Rivers, Havens, Woods, Quarries, good Soil, and temperate Climate; And now at last, under his Majesty, blessed also with obedience) Doth, as it were, continually call unto us, for our Colonies, and Plantations. And so I conclude, my second Answer, to this pretended Inconvenience, of surcharge of People. T●e Third Answer, (Mr. Speaker,) which ● give, is this. I demand, what is the worst Effect, which can follow of Surcharge of People? Look into all Stories, and you shall find it none other, th●n some Honourable War, for the Enlargement of their Borde●s, which find themselves penned, upon Foreign parts. Which Inconvenience, in a valorous, and Warlike, Nation, I know not, whether I should term, an Inconvenience, or no? For the saying is most true, though in another Sense; Omne solum Forti Patria. It was spoken, indeed, of the patience, of an exiled Man: But it is no less true, of the valour, of a Warlike Nation. And certainly, (Mr. Speaker,) I hope, I may speak it without offence: That if we did hold ourselves worthy, whensoever just Cause should be given; Either to recover our ancient Rights; Or to revenge our late wrongs; Or to attain the Honour of our Ancestors; Or to enlarge the Patrimony of our Posterity; We would never, in this manner, forget Considerations, of Amplitude, and Greatness, and fall at variance, about profit, and Reckonings; Fitter, a great deal, ●or private Persons, then for Parliaments, and Kingdoms. And thus, (Mr. Speaker,) I leave this first objection, to such Satisfaction, as you have heard. The second Objection is, that the Fundamental Laws of both these Kingdoms, of England, and Scotland, are yet divers, and several: Nay more, that it is declared, by the Instrument, that they shall so continue; And that there is no intent, in his Majesty, to make Innovation in them: And therefore, that it should not be seasonable, to proceed to this Naturalisation, whereby to endow them, with our Rights, and Privileges, except they should likewise receive, and submit themselves, to our Laws. And this Objection, likewise, (Mr. Speaker) I allow to be a weighty Objection, and worthy to be well answered, and discussed. The Answer, which I shall offer, is this. It is true, for mine own part, (Mr. Speaker,) that I wish, the Scottish Nation, governed by our Laws: For I hold our Laws, with some reducement, worthy to govern, if it were, the world. But this is that which I say, and I desire therein your Attention; That, according to true reason of Estate, Naturalisation is, in Order, First, and precedent, to union of Laws; In degree, a less Matter, than union of Laws; And, in Nature, separable, not inseparable, from union of Laws. For Naturalisation, doth but take out, the Marks of a Foreigner; But union of Laws, makes them entirely as ourselves: Naturalisation taketh away separation; But union of Laws doth take away Distinction. Do we not see, (Mr. Speaker,) that, in the Administation, of the world, under the great Monarch, God himself, that his Laws are divers; One Law in Spirits, another in Bodies; One Law in Regions celestial, another in Elementary? And yet the Creatures, are all one Mass, and Lump, without any vacuum, or separation? Do we not see, likewise, in the State of the Church, that amongst People, of all Languages, and Lineages, there is one Communion of Saints? And that, we are all Fellow Citizens, and naturalised, of the Heavenly Jerusalem? And yet, nevertheless, divers, and several, Ecclesiastical Laws, Policies, and Hierarchies; According to the Speech, of that worthy Father; In veste varietas sit, scissurae non sit. And therefore, certainly, (Mr. Speaker,) the Bond of Law, is the more special, and private, Bond; And the Bond of Naturalisation, the more common, and general. For the Laws, are rather Figura Reip, then Forma; And rather Bonds of Perfection, than Bonds of Entireness. And therefore, we see, in the Experience, of our own Government, that in the Kingdom of Ireland, all our Statute-Lawes, since Poynings Law, are not in force; And yet we deny them not, the Benefit, of Naturalisation. In Gersey, Garnesey, and the Isle of Man, our Common-Lawes are not in force; And yet they have the Benefit of Naturalisation. Neither need any Man doubt, but that our Laws, and Customs, must, in small time, gather, and win, upon theirs. For here's the Seat of the Kingdom, whence come the supreme Directions of Estate; Here is the King's Person, and Example, of which the Verse saith. Regis ad exemplum totus componitur Orbis. And therefore, it is not possible; Although not by solemn, and formal, Act of Estates; yet by the secret Operation, of no long time, but they will come under the yoke of our Laws; And so, Dulcis tractus pari jugo. And this is the Answer, I give, to this second objection. The third Objection, is, some Inequality, in the Fortunes, of these two Nations, England and Scotland; By the Commixture whereof, there may ensue Advantage to them, and Loss to us. Wherein, (Mr. Speaker) it is well, that this Difference, or Dispaparity, con●isteth, but in external Goods, of Fortune. For indeed, it must needs be confessed, that for the Goods of the Mind, and the Body, they are Alteri Nos; Other ourselves. For to do them but right, we know, in their Capacity, and understanding they are a people Ingenious; In Labour, Industrious; In Courage, Valiant; In Body, Hard, Active, and Comely. More might be said, but in commending them, we do but, in effect, commend ourselves: For they are of one Piece, and Continent, with us: And Truth is, we are participant, both of their Virtues, and Vices. For if they have been noted, to be a people not so tractable in Government, we cannot, without flatte●ing ourselves, free ourselves, altogether, from that Fault; Being, indeed, a thing incident, to all Martial People. As we see it evident, by the Example, of the Romans, and others. Even like unto Fierce Horses, that though they be, of better service than others, yet are they harder, to guide, and to manage. But for this Objection, (Mr. Speaker) I purpose to answer it; Not by Authority of Scripture, which saith. Beatius est dare quam accipere: But by an Authority framed, and derived, from the Judgement of ourselves, and our Ancestors, in the same case, as to this point. For, (Mr. Speaker,) in all the Line of our Kings, none useth to carry, greater Commendation, than his Majesty's Noble Progenitor, King Edward, the First of that Name: And amongst his other Commendations, both of War, and Policy, none is more celebrated, than his purpose, and Enterprise, for the Conquest of Scotland: As not bending his Designs to glorious Acquests abroad, but to solid strength at home: which, nevertheless, if it had succeeded well, could not, but have brought in, all those Inconveniences, of the Commixture, of a more Opulent Kingdom, with a less, that are now alleged. For it is not the Yoke, either of our Arms, or of our Laws, that can alter the nature of the Climate, or the Nature of the Soil: Neither is it, the Manner, of the Commixture, that can alter, the Matter, of the Commixture. And therefore, (Mr. Speaker,) if it were good for us then, it is good for us now; And not to be prised the less, because we paid not so dear for it. But a more full Answer to this Objection, I refer over to that, which will come after to be spoken, touching Surety, and Greatness. The fourth Objection, (Mr. Speaker,) is not properly an Objection, but rather a preoccupation, of an Objection, of the other side: For it may be said, and very materially, whereabout do we contend? The Benefit of Naturalisation is, by the Law, in as many, as have been, or shall be born, since his Majesty's Coming to the Crown, already settled, and invested. There is no more then, but to bring the Ante-Nati, into the Degree of the Postnati; that Men grown, that have well deserved, may be in no worse case, than children, which have not deserved: And Elder Brothers, in no worse case, than younger Brothers. So as we stand, upon Quiddam, not Quantum; Being but a little difference of Time, of one Generation, from another. To this, (Mr. Speaker,) it is said by some; That the Law is not so, but that the Postnati, are Aliens, as well as the rest. A point, that I mean not much to argue; Both because it hath been well spoken to, by the Gentleman, that spoke last before me; And because, I do desire, in this Case, and in this place, to speak rather of Convenience, then of Law. Only this will I say; That that Opinion, seems to me, Contrary to reason of Law; Contrary to form of pleading in Law; And Contrary to Authority, and Experience, of Law. For Reason of Law, when I meditate of it; Methinks, the wisdom, of the Common Laws of England, well observed, is Admirable, in the Distribution, of the Benefit, and protection, of the Laws; According to the several Conditions of Persons, in an excellent Proportion. The Degrees are four, but bipartite. Two of Aliens, and Two of Subjects. The first Degree, is of an Alien, born, under a King, or State, that is an Enemy. If such an one, come into this Kingdom, without safe Conduct, it is at his peril: The Law giveth him no protection, neither for Body, Lands, nor Goods: So as if he be slain, there is no Remedy, by any Appeal, at the party's suit, although his wife were an English Woman: Marry at the King's suit, the Case may be otherwise, in regard of the offence to the Peace. The Second Degree, is, of an Alien, that is born under the faith, and Allegiance, of a King, or State, that is a friend. Unto such a Person, the Law doth impart, a greater Benefit, and protection; That is, concerning things personal, Transitory, and Movable; As Goods, and Chattels, Contracts, and the like: But not concerning Freehold, and Inheritance. And the reason is, because he may be an Enemy, though he be not. For the State, under the Obeisance of which he is, may enter intoy Quarrel, and Hostility; And therefore, as the Law hath but a Transitory Assurance of him, so it rewards him, but with Transitory Benefits. The third Degree, is, of a Subject, who having been an Alien, is, by Charter made Denizen. To such an one, the Law doth impart, yet, a more ample Benefit: For it gives him power, to purchase freehold, and Inheritance, to his Own use: And likewise, enables the Children, born after his Denization, to inherit. But yet, nevertheless, he cannot make Title, or convey Pedigree, from any Ancestor Paramount. For the Law, thinks not good, to make him, in the same Degree, with a Subject born: Because he was once an Alien, and so might once have been an Enemy. And Nemo subitò fingitur: Mens Affections, cannot be so settled, by any Benefit, as when from their Nativity, they are inbred, and inherent. And the fourth Degree, which is the perfect Degree, is, of such a Person, that neither is Enemy, nor can be Enemy, in time to come; Nor could have been Enemy, at any time past; And therefore, the Law gives unto him, the full Benefit, of Naturalisation. Now, (Mr. Speaker,) if these be the true Steps, and Paces, of the Law, no Man can deny, but whosoever is born under the King's Obedience, never could, in Aliquo puncto temporis, be an Enemy; (A Rebel he might be, but no Enemy;) And therefore, in Reason of Law, is naturalised. Nay contrariwise, he is bound, jure Nativitatis, to defend this Kingdom of England, against all Invaders or Rebels: And therefore, as he is obliged, to the protection of Arms; And that perpetually, and universally; so he is to have, the perpetual, and universal, Benefit, and protection of Law, which is Naturalisation. For Form of Pleading, it is true, that hath been said; That if a Man, would plead another, to be an Alien; He must not only set forth, negatively, and privatively, that he was born, out of the Obedience, of our Sovereign Lord the King; But affirmatively, under the Obedience, of a foreign King, or State, in particular; which never can be done in this case. As for Authority, I will not press it; you know all what hath been published, by the King's Proclamation. And for Experience of Law, we see it in the Subjects of Ireland; In the Subjects of Gersey, and Gernsey, parcels of the Duchy of Normandy; In the Subjects of Calleis, (when it was English,) which was parcel of the Crown of France. But, as I said, I am not willing, to enter into an Argument of Law, but to hold myself, to point of Convenience. So as, for my part, I hold all Postnati, Naturalised, ipso jure. But yet, I am far from Opinion, that it should be a thing superfluous, to have it done by Parliament; Chiefly, in respect, of that true principle; Principum Actiones praecipuè ad Famam sunt componendae. It will lift up a Sign, to all the World, of our Love towards them, and good agreement with them. And these are (Mr. Speaker) the Material Objections, which have been made of the other Side, whereunto you have heard mine Answers: Weigh them in your Wisdoms; And so I conclude that General Part. Now, (Mr. Speaker,) according as I promised, I must fill the other Balance, in expressing unto you, the Inconveniences, which we shall incur, if we shall not proceed, to this Naturalisation. wherein, that Inconvenience, which of all others, and alone by itself, if there were none other, doth exceedingly move me, and may move you, is a Position of Estate, collected out of the Records of Time, which is this: That wheresoever several Kingdoms, or Estates, have been united in Sovereignty; If that Union, hath not been fortified, and bound in, with a further Union; And namely that, which is now in Question, of Naturalisation; This hath followed; That at one time, or other, they have broken again, being upon all Occasions apt to revolt, and relapse, to the former Separation. Of this Assertion, the first Example, which I will set before you, is of that memorable Union, which was between the Romans, and the Latins, which continued, from the Battle, at the Lake of Regilla, for many years, until the Consulships of T. Manlius, and P. Decius. At what time, there began, about this very point of Naturalisation, that War, which was called Bellum Soci●le; Being the most Bloody, and Pernicious War, that ever th● Roman State endured. wherein after Numbers of Battles, and infinite Seiges, and Surprises of Towns, the Romans, in the end, prevailed, and mastered the Latins. But assoon as ever they had the Honour of the War, looking back into what Perdition, and Confusion, they were near to have been brought, they presently naturalised them all. You speak of a Naturalisation in Blood; There was a Naturalisation indeed in Blood. Let me set, before you, again, the Example of Sparta, and the rest of Peloponnesus, their Associates. The State of Sparta, was a Nice, and Jealous, State, in this point, of imparting Naturalisation, to their Confederates, But what was the issue of it? After they had held them, in a kind of Society, and Amity, for divers years: upon the first occasion given, (which was no more, than the Surprise, of the Castle of Thebes, by certain desperate Conspirators, in the habit of Masquers; There ensued immediately, a general Revolt, and Defection, of their Associates; which was the Ruin of their State, never afterwards to be recovered. Of later time, let me lead your Consideration to behold, the like Events, in the Kingdom of Arragon; which Kingdom was united with Castille, and the rest of Spain, in the persons of Ferdinando and Isabel; And so continued many years; But yet so, as it stood, a Kingdom, severed, and divided, from the rest, of the Body, of Spain, in privileges; And directly, in this point of Naturalisation, or Capacity of Inheritance. What came of this? Thus much; That now of fresh Memory, not past twelve years since, only upon the voice of a Condemned Man, out of the Grate of a Prison, towards the Street, that cried Fueroes, (which is as much as Liberties, or Privileges;) There was raised a dangerous Rebellion, which was suppressed, with Difficulty, with an Army Royal; And their privileges disannulled, and they incorporated, with the rest of Spain. Upon so small a Spark, notwithstanding so long continuance, were they ready to break, and sever again. The like may be said, of the States of Florence, and Pisa: Which City of Pisa, being united unto Florence, but not endued with the Benefit of Naturalisation, upon the first light of foreign Assistance, by the Expedition, of Charles' the eighth, of France, into Italy, did revolt; Though it be since, again reunited, and Incorporated. The same Effect, we see, in the most Barbarous Government; which shows it, the rather, to be an effect of Nature. For it was thought, a fit Policy, by the Council of Constantinople, to retain the three Provinces, of Transylvania, Valachia, and Moldavia, (which were, as the very Nurses of Constantinople, in respect of their Provisions,) to the end, they might be the less wa●ted, only under Vayvods, as Vassals and Homagers; And not under Bassa's, and Provinces of the Turkish Empire; Which Policy, we see, by late Experience, proved unfortunate; As appeared, by the Revolt, of the same three Provinces, under the Arms and Conduct of Sigismond, Prince of Transylvania; A Leader, very famous, for a time; which Revolt is, not yet, fully recovered. Whereas we seldom, or never hear, of Revolts of Princes, incorporate, to the Turkish Empire. On the other part, (Mr. Speaker,) because it is true, which the Logicians say; Opp●sita, juxta se posita, magis elucescunt; let us take a view, and we shall find; That wheresoever, Kingdoms, and States, have been united; And that union Corroborate, by the Bond of mutual Naturalisation; you shall never observe them, afterwards, upon any Occasion of Trouble, or otherwise, to break and sever again: As we see, most evidently, before our ey●s, in divers Provinces of France; That is to say, Given, Prov●nce, Normandy, Britain; which, notwithstanding, the infinite infesting Troubles, of that Kingdom, never offered to break again. We see the like Effect, in all the Kingdoms, of Spain● which are mutually naturalised; As Leon, Castille, Valencia, Andaluzia, Granada, and the rest: Except Arragon, which held the contrary Course, and therefore had the contrary success, as we said: And Portugal, of which, there is not yet, sufficient Trial. And lastly, we see the like effect, in our own Nation, which never rend asunder, after it was once united; so as we now scarce know, whether the Heptarchy, were a Story, or a Fable. And therefore, (Mr. Speaker,) when I revolve with myself, these Examples, and others, so lively expressing the necessity of a Naturali●zation, to avoyed a relapse into a Separation; And do hear so many Arguments, and Scruples, made on the other side; It makes me think on the old Bishop● which upon a public Disputation, of certain Divines, Christians, with some learned Men of the Heathen, did extremely press to be heard; And they were loath to suffer him, because they knew he was unlearned, though otherwise an Holy and wellmeaning Man; But, at last, with much ado, he got to be heard. And when he came to speak, instead of u●ing Argument, he did only say over his Belief: But did it with such Assurance, and Constancy, as it did strike the Minds, of those that hea●d him, more than any Argument had done. And so, (Mr. Speaker,) against all these witty and subtle Arguments, I say, that I do believe, and I would be sorry to be found a Prophet in it; That except we proceed, with this Naturalisation; (Though not perhaps in his Majesty's time, who hath such Interest in both Nations,) yet in the time of his Descendants, these Realms will be in continual Danger, to divide, and break again. Now if any Man, be of that careless mind, — Maneat nostros ea Cura Nepotes; Or of that hard Mind, to leave things, to be tried, by the sharpest Sword; sure I am, he is not of Saint Paul's Opinion; who affirmeth; That whosoever, useth not Foresight, and Provision for his Family, is worse than an unbeliever: Much more, if we shall not use foresight for these two Kingdoms, that comprehend so many Families: But leave things open, to the peril of future Divisions. And thus have I expressed unto you the Inconvenience, which, of all other, sinketh deepest with me, as the most weighty. Neither do there want, other Inconveniences, (Mr. Speaker,) the Effect, and Influence whereof, I fear, will not be adjourned to so long a D●y, as this, that I have spoken of. For I leave it, to your wisdom, to consider; whether you do not think, in case, by the denial o● this Naturalisation, any Pike of Alienation, or unkindness; (I do not say,) should be, thought to be, or noised to be, between these two Nations; whether it will not quicken, and excite, all the Envious, and Malicious, Humours, wheresoever, (which are now covered,) against us, either foreign, or at home; And so open the way to practices, and other Engines, and Machinations, to the Disturbance, of this State. As for that other Inconvenience, of his Majesty's Engagement, into this Action, it is too binding, and pressing, to be spoken of; And may do better, a great deal, in your Minds, then in my Mouth; Or in the mouth of any man else; because, as I say, it doth press, our Liberty, too far. And therefore, (Mr. Speaker,) I come now, to the third general part, of my Division, concerning the Benefits, which we shall purchase, by this knitting of the knot, surer, and straighter, between these two Kingdoms, by the Communicating of Naturalisation. The Benefits may appear to be two; The one Surety; the other Greatness. Touching Surety, (Mr. Speaker) it was well said by Titus Quiutius, the Roman, touching the state of Peloponnesus; That the Tortoise is safe within her shell: Testudo intra Tegumen tuta est. But if there be any Parts, that lie open, they endanger all the rest. We know well, that although the State, at this time, be in a happy peace; Yet, for the time past, the more Ancient Enemy, to this Kingdom, hath been the French; and the more late, the Spaniard: And both these, had, as it were, their several postern Gates; whereby, they might have approach, and Entrance, to annoy us. France had Scotland, and Spain had Ireland: For these were the two Accesses, which did comfort, and encourage, both these Enemies, to assail, and trouble us. We see, that of Sco●land, is cut off, by the Union, of both these Kingdoms; If that, it shall be now made constant, and permanent. That of Ireland, is likewise cut off, by the convenient situation, of the North of Scotland, toward the North of Ireland, where the Sore was: Which, we see, being suddenly closed, hath continued closed, by means of this Salve● So as now, there are no Parts, of this State, exposed to Danger, to be a Temptation, to the Ambition of Foreigners, but their approaches, and Avenues, are taken away. For, I do little doubt, but those Foreigners, which had so little success, when they had these advantages, will have much less comfort now, that they be taken from them. And so much for Surety. For Greatness, (Mr. Speaker,) I think a Man may speak it soberly, and without Bravery; That this Kingdom of England, having Scotland united, Ireland reduced, the Sea Provinces of the Low-countrieses contracted, and Shipping maintained; Is one of the greatest Monarchies, in Forces, truly esteemed, that hath been in the world. For certainly, the Kingdoms here on Earth, have a Resemblance with the Kingdom of Heaven; which our Saviour compareth, not to any great Kernel, or Nut, but to a very Small Grain; yet such an one, as is apt, to grow, and spread. And such, do I take to be, the Constitution of this Kingdom; If indeed, we shall refer our Counsels, to Greatness, and Power; And not quench them, too much, with Consideration, of Utility, and Wealth. For (Mr. Speaker,) was it not, think you, a true Answer, that Solon of Greece, made, to the Rich King Croesus of Lydia, when he showed unto him, a great Quantity of Gold, that he had gathered together, in Ostentation of his Greatness, & Might? But Solon said to him● contrary to his Expectation; Why Sir, if another come, that hath better Iron than you, he will be Lord, of all your Gold. Neither is the Authority of Machiavelli to be despised; who scorneth the Proverb of estate, taken first from a Speech of Muciaws; That Money's ●re the Sinews of War: And saith, There are no true Sinews of War, but the very Sinews, of the Arms, of valiant Men. Nay more, (Mr. Speaker,) whosoever shall look, into the Seminaries, and Beginnings, of the Monarchies, of the world, he shall find them founded in Poverty. Persia, a Country barren, and poor, in respect of the Medes, whom they subdued. Macedon, a Kingdom ignoble, and Mercenary, until the Time, of Philip, the Son of Amyntas. Rome had poor, and pastoral Beginnings. The Turks, a Band of Sarmatian Scytheses, that, in a vagabond manner, made Impression, upon that part of Asia, which is yet called Turcomania. Out of which, after much variety of Fortune, sprung the Ottomon Family, now the Terror of the world. So we know the Goths, Vandals, Alanes, Huns, Lombard's, Normans, and the rest of the Northern People, in one Age of the World, made their Descent, or Expedition, upon the Roman Empire; And came not, as Rovers, to carry away prey, and be gone again; But planted themselves, in a number, of fruitful, and rich, Provinces; Where, not only their Generations, but their Names, remain, till this Day: witness Lombardy; Catalonia, A name compounded of Goth & Alane; Andaluzia, A name corrupted from Vandelicia; Hungary; Normandy; and others. Nay, the Fortune of the Swizzes, of late years, (which are bred, in a barren, and Mountainous Country,) is not to be forgotten; Who first ruined the Duke of Burgundy; The same, who had almost ruined, the Kingdom of France: what time, after the Battle of Granson, the Rich Jewel of Burgundy, prized at many Thousands, was sold for a few pence, by a common Swizzes, That knew no more, what a Jewel meant, then did aesops Cock. And again, the same Nation, in revenge of a Scorn, was the Ruin of the French Kings Affairs in Italy, jews the 12th. For that King, when he was pressed somewhat rudely, by an Agent of the Swizzes, to raise their Pensions, broke into Words of Choler; What, (said he,) will these Villains of the Mountains, put a Tax upon me? which words, lost him his Duchy of Milan, and chased him out of Italy. All which Examples, (Mr. Speaker,) do well prove Solon's opinion, of the Authority, and Mastery, that Iron hath over Gold. And therefore, if I shall speak, unto you, mine own Heart; Me thinks, we should a little disdain, that the Nation of Spain, (which, howsoever of late, it hath grown to Rule, yet of ancient time served many Ages; First under Carthage, then under Rome, after under Saracens, Goths, and others;) should, of late years, take unto themselves that Spirit, as to dream, of a Monarchy, in the West, according to that Devise; Video Solem Ortentem in Occidente: Only, because they have ravished, from some wild, and unarmed, People, Mines, and Store, of Gold: And, on the other side, that this Island of Britanny, seated, and manned, as it is, and that hath, (I make no question,) the best Iron in the world; (That is, the best Soldiers of the world;) should think of nothing, but Reckonings, and Audits, and Meum and Tuum, and I cannot tell what. Mr. Speaker,) I have, (I take it,) gone through the Parts, which I propounded to myself; Wherein, if any Man, shall think, that I have sung Placebo; For mine own particular, I would have him know, that I am not so unseen in the world, but that I discern, it were much alike, for my private fortune, to rest a Tacebo, as to sing a Placebo, in this Business. But I have spoken, out of the Fountain, of my Heart: Credidi, propter quod locutus sum; I believed, therefore I spoke. So as my Duty is performed: The Judgement is yours; God direct it for the best. A Speech used by Sir Francis Bacon's in the Lower House of Parliament, by occasion, of a Motion, concerning the Union of Laws. AND it please you, (Mr. Speaker,) were it now a time to Wish, as it is to Advise; No Man should be more forward, or more earnest, than myself, in this wish; That his Majesty's Subjects, of England and Scotland, were governed by one Law; And that for many Reasons. First, because it will be an infallible Assurance, that there will never be, any Relapse, in succeeding Ages, to a Separation. Secondly, Dulcis tractus pari jugo: If the Draught lie most upon us, and the Yoke lightest upon them, it is not equal. Thirdly, the Qualities, and, (as I may term it,) the Elements of their Laws, and ours, are such, as do promise, an excellent Temperature, in the compounded Body: For if the prerogative here be too indefinite, it may be the Liberty there is too unbounded: If our Laws, and proceedings, be too Prolix, and Formal; it may be theirs, are too informal, and Summary. Fourthly, I do discern, to my understanding, there will be no great Difficulty, in this Work. For their Laws, by that I can learn, compared with ours, are like their Language, compared with ours. For as their Language, hath the same Roots, that ours hath, but hath a little more mixture of Latin, and French; So their Laws and Customs, have the like Grounds, that ours have, with a little more mixture, of the Civil Law, and French Customs. Lastly, the Mean to this work, seemeth to me, no less excellent, than the Work itself: For if both Laws shall be united, it is of necessity, for preparation, and Inducement thereunto, that our own Laws, be reviewed, and recompiled, Then the which, I think, there cannot be a work, that his Majesty can undertake, in these his times of Peace, more Politic, more Honourable, nor more Beneficial to his Subjects, for all Ages; Place datâ Terris, Animum ad Civilia Vertit jura suum, Legesque tulit justissimus Auctor. For this continual Heaping up, of Laws, without digesting them, maketh but a Chaos and Confusion: And turneth the Laws, many times, to become but Snares for the People, as is said, in the Scripture, Pluet super ●os Laqueos. Now, Non sunt pejores Laquei, quam Laquei Legum. And therefore, this work, I esteem to be, indeed, a work, (rightly to term it,) Heroical. So that, for this good wish, of Union of Laws, I do consent to the full; And, I think, you may perceive, by that which I have said, that I come not in this, to the Opinion of Others, but that I was, long ago, settled in it, myself. Nevertheless, as this is moved out of zeal, so, I take it, to be moved out of Time; As commonly zealous Motions are: while Men, are, so fast, carried on, to the End, as they give no Attention to the Mean. For if it be Time, to talk of this now; It is, either because the business, now in hand, cannot proceed without it; Or because, in Time, and Order, this Matter should be precedent; Or because, we shall lose some advantage, towards this Effect, so much desired, if we should go on, in the course, we are about. But none of these three; in my judgement, are true; And therefore, the Motion, as I said, unseasonable. For first, that there may not be, a Naturalisation, without an Union in Laws, cannot be maintained. Look into the Example, of the Church; And the Union thereof; You shall see several Churches, that join in one Faith, one Baptism, (which are the points of spiritual Naturalisation,) do, many times, in Policy, Constitutions, and Customs, differ. And therefore, one of the Father's, made an excellent observation, upon the two Mysteries: The one, that in the Gospel; where the Garment of Christ, is said to have been with out Seam; The other, that in the Psalm, where ●he Garment, of the Queen is said, to have been of divers Colours; And concludeth, In veste Varietas sit, Scissura non sit. So, in this Case, (Mr. Speaker,) we are now in hand, to make this Monarchy of one Piece, and not of one Colour. Look again, into the Examples, of Foreign Countries; And take, that next us, of France; And there, you shall find, th●t they have this Distribution; Pais du droit Escript; and Pais du droit Constumier. For Gascoigne, Languedock, Pr●vence, Daulphenie, are Countries, governed by the Letter, or Text, of the Civil Law: But the Isle of France, Tourain, Berry, Anjou, and the rest; And most of all Britain, and Normandy; Are governed by Customs, which amount unto a Municipal Law; And use the Civil Law, but only for Grounds; And to decide new, and rare, Cases; And yet, nevertheless, Naturalisation, passeth through all. Secondly, that this Union of Laws, should precede the Naturalisation; Or that it should go on, pari passu, hand in hand, I suppose, likewise, can hardly be maintained: But the contrary, that Naturalisation ought to precede. Of which my Opinion, as I could yield many reasons, so because all this, is but a Digression, and therefore ought to beshort; I will hold myself now, only to one, which is briefly and plainly this: That the Union of Laws, will ask a great Time, to be perfected, both for the Compiling, and for the Passing: During all which time, if this Mark of Strangers, should be denied to be taken away; I fear it may induce, such a Habit of Strangeness, as will rather be an Impediment, than a preparation, to further proceeding. For he was a wise Man that said; Opportuni Magnis Conatibus Transitus Rerum. And in those Cases, Non progredi est Regredi. An like, as in a pair of Tables, you must put out the former writing, before you can put in new; And again, that which you write in, you write Letter by Letter; But that which you put out, you put out at once: So we have now to deal with the Tables of men's Hearts, wherein it is in vain, to think you can enter, the willing Acceptance of our Laws, and Customs; except you first put forth, all Notes, either of Hostility, or Foreign Condition. And these, are to be put out, simulet semel, at once, without Gradations; whereas the other points, are to be imprinted, and engraven, distinctly, and by degrees. Thirdly, whereas it is conceived by some, that the Communication, of our Benefits, and privileges, is a good Hold, that we have over them, to draw them to submit themselves to our Laws: It is an Argument, of some probability, but yet to be answered, many ways. For first, the Intent is mistaken; Which is not, as I conceive it, to draw them wholly, to a Subjection to our Law●; But to draw, both Nations, to one uniformity, of Law. Again to think, that there should be, a kind of Articulate, and Indented, Contract; That they should receive our Laws, to obtain our privileges, it is a Matter in reason of Estate not to be expected; Being that, which scarcely a private Man, will acknowledge, if it come to that, whereof Seneca speaketh; Beneficium accipere, est Libertatem vendere: No, but Courses of Estate, do describe, and delineate, another way; Which is, to win them, either by Benefit, or Custom. For we see, in all Creatures, that Men do Feed them first, and Reclaim them after. And so, in the first Institution of Kingdoms, Kings did first win People, by many Benefits, and Protections, before they pressed any Yoke. And for Custome● which the Poets call, Imponere Morem: Who doubts, but that the Seat of the Kingdom, and the Example of the King, resting here with us, our Manners will quickly be there, to make all things ready for our Laws? And lastly, the Naturalisation, which is now propounded, is qualified, with such Restrictions, as there will be enough kept back, to be used, at all times, for an Adamant, of drawing them further on to our Desires. And therefore, to conclude, I hold this Motion, of Union of Laws, very worthy, and arising from ve●y good Minds, but not proper for this Time. To come therefore to that, which is now in Question: It is no more, but whither, there should be a Difference made, in this privilege of Naturalisation, between the Ante-Nati, and the Postnati; Not in point of Law, (for that will otherwise be decided,) but only in point of Convenience; [As if a Law, were now to be made, de novo.] In which Question, I will, at this time, only answer two Objections; And use two Arguments, and so leave it to your Judgement. The first Objection hath been; That if a Difference, should be, it ought to be in favour of the Ante-Nati; Because, they are Persons, of Merit, Service, and Proof; whereas the Postnati are Infants, That, (as the Scripture saith,) know not the Right Hand from the Left. This were good Reason, (Mr. Speaker,) if the Question were, of Naturalising some particular Persons, by a private Bill: But it hath no proportion, with the general Case. For now, we are not to look to respects, that are proper to some, but to those, which are common to all● Now then, how can it be imagined, but that those, that took their first Breath, since this happy Union, inherent in his Majesty's Person, must be more assured, and affectionate to this Kingdom, than those generally can be presumed to be, which were sometimes Strangers? For, Nemo subitò fingitur: The Conversions of Minds, are not so swift, as the Conversions of Times. Nay, in Effects of Grace, which exceed far the Effects of Nature, we see, Saint Paul, makes a difference, between those he calls Neophites; That is, newly grafted into Christianity; And those, that are brought up, in the Faith. And so, we see, by the Laws of the Church, that the Children of Christians, shall be Baptised, in regard, of the Faith, of their Parents; But the Child of an Ethnic, may not receive Baptism, till he be able, to make, an understanding Profession, of his Faith. Another Objection hath been made; That we ought, to be more provident, and reserved, to restrain the Postnati, than the Ante-Nati: Because, during his Majesty's time, being a Prince of so approved Wisdom, and judgement, we need no better Caution, than the Confidence, we may repose in Him: But in the Future Reigns, of succeeding Ages, our Caution must be in Re, and not in Personâ. But, (Mr. Speaker,) to this I answer; That as we cannot expect a Prince hereafter, less like to err, in respect of his Judgement: so again, we cannot expect a Prince, so like to exceed, (if I may so term it,) in this point of Beneficence, to that Nation, in respect of the Occasion. For whereas all Princes, and all Men are won, either by Merit, or Conversation, there is no Appearance, that any of his Majesty's Descendants, can have either of these Causes, of Bounty, towards that Nation, in so ample Degree, as his Majesty hath. And these be, the two Objections, which seemed to me most Material, why the Postnati, should be left free, and not be concluded, in the same Restrictions, with the Ante-Nati, whereunto you have heard the Answers. The two Reasons, which I will use, on the other side, are briefly these. The one, being a Reason, of Common Sense; The other, a Reason, of Estate. We see, (Mr. Speaker,) the Time of the Nativity, is, in most Cases, principally regarded. In Nature, the Time of planting, and setting, is chiefly observed. And we see, the Astrologers, pretend to judge, of the Fortune of the Party, by the Time of the Nativity. In Laws, we may, not unfitly, apply, the Case of Legitimation, to the Case of Naturalisation. For it is true, that the Common Canon Law, doth put the Ante-Natus, and the Post-Natus, in one Degree; But when it was moved, to the Parliament of England; Barones unâ voce responderunt, Nolumus Leges Angliae mutare. And though, it must be confessed, that the Ante-Nati, and Postnati, are in the same Degree, in Dignities; yet were they never so, in Abilities: For no Man doubts, but the Son, of an Earl, or Baron, before his Creation, or Call, shall inherit the Dignity, as well as the Son born after. But the Son, of an Attainted Person, born before the Attainder, shall not inherit, as the After born shall, notwithstanding Charter of Pardon. The Reason of Estate is; That any Restriction, of the Ante-Nati, is Temporary; And expireth with this Generation: But if you you make it in the Postnati also, you do, but in substance, pen, a perpetuity of Separation. (Mr. Speaker,) in this point, I have been short, because I little expected this Doubt, as to point of Convenience: And therefore will not much labour, where I suppose, there is no greater Opposition. A Report, made by Sir Francis Bacon, Knight, in the House of Commons, of a Speech, delivered by the Earl of Salisbury; And another Speech, delivered by the Earl of Northampton, at a Conference, concerning the Petition of the Merchauts, upon the Spanish grievances, Parliament 5ᵒ. Jacobi. ANd it please you, (Mr. Speaker,) I do not find myself, any ways bound, to report that, which passed, at the last conference, touching the Spanish Grievances; Having been neither employed to speak, nor appointed to Report in that Cause. But because it is put upon me, by a silent Expectation, grounded upon nothing, (that I know,) more than that I was observed, diligently to take notes; I am content, (if that Provision, which I made for mine own Remembrance, may serve this House for a Report,) not to deny you that Sheafe, that I have, in haste, bound up. It is true, that one of his Majesties, Principal Counselors in Causes of Estate, did use a Speech, that contained a World of Matter: But how, I shall be able to make a Globe, of that World, therein I fear mine own strength. His Lordship, took the occasion, of this, which I shall now report, upon the Answer, which was by us made, to the Amendments, propounded, upon the Bill of Hostile Laws; Quitting that Business, with these few words; That he would discharge, our Expectation of Reply, because their Lordships had, no Warrant to Dispute. Then, continuing his Speech, he fell into this other Cause, and said; That being now, to make Answer, to a proposition of ours, as we had done to one of theirs, he wished it could be passed over, with like Brevity. But he did foresee his way, that it would prove, not only long, but likewise hard to find, and hard to keep; This Cause, being so to be carried, as above all, no wrong be done, to the King's Sovereignty, and Authority; And in second place, no Misunderstanding do ensue between the two Houses. And therefore, that he hoped, his words should receive a benign Interpretation; Knowing well, that pursuit, and Drift of Speech, and multitude of Matter, might breed words to pass from him, beyond the Compass of his Intention: And therefore, he placed more Assurance, and Caution, in the Innocency of his own meaning, and in the Experience of his Favours, then in any his Wariness, or Watchfulness, over his own Speech. This respective preface used, his Lordship descended to the Matter itself; which he divided into three Considerations: For, he said, he would consider of the Petition. First, as it proceeded, from the Merchants. Secondly, as from them, it was offered, to the Lower House. And thirdly, as from the Lower House, it was recommended to the Higher House. In the First of these Considerations, there fell out naturally, a Subdivision, into the Persons of the Petitioners; And the Matter, and Parts, of the Petition. In the Persons of the Merchants, his Lordship made, (as I have collected them,) in number, eight Observations: whereof, the three first, respected the General Condition of Merchants; And the five following, were applied, to the particular Circumstances, of the Merchants, now complaining. His Lordship's first, general Observation, was; That Merchants were of two sorts: The one sought their Fortunes, (as the verse saith,) per Saxa, per Ignes: And, as it is said, in the same place, Extremos currit Mercator ad Indos; Subjecting themselves, to Weather, and Tempest; To Absence, and, as it were, Exile, out of their Native Countries; To Arrests, in Entrances of War; To Foreign Injustice, and Rigour, in times of Peace; And many other Sufferances, and Adventures. But that there were others, that took, a more safe, but a less generous Course, in raising their Fortunes. He taxed none, but did attribute, much more respect, to the former. The second General Observation, which his Lordship made was, That the Complaints of Merchants, were, usually, subject, to much Error; In regard, that they spoke, (for the most part,) but upon Information; And that carried through many Hands; And of Matters done in Remote parts: So as, a false, or factious, Factor, might, oftentimes, make great Tragedies, upon no great Ground. Whereof, towards the End of his Speech, he brought an Instance, of one trading the Levant; That complained, of an Arrest of his Ship; And possessed the Counsel-table, with the same Complaint, in a vehement, and bitter, fashion; Desiring, and pressing, some present, and Expostulatory Letters, touching the same. Whereupon, some Counselors, well acquainted with the like Heats, and Forwardness, in Complaints, happened to say to him; Out of Conjecture, and not out of any Intelligence; What will you say, if your Ship, which you complain to be under Arrest, be now under Sail, in way homewards? Which fell out accordingly: The same Person, confessing, six days after, to the Lords, that she was indeed, in her way homewards. The third general Observation, which his Lordship made, was this, in Effect: That, although, he granted, that the Wealth, and Welfare of the Merchant, was not, without a Sympathy, with the general Stock, and State of a Nation, especially an Island; yet nevertheless, it was a Thing, too familiar, with the Merchant, to make the Case of his Particular Profit, the public Case of the Kingdom. There follow, the particular Observations, which have a reference, and application, to the Merchants, that trade to Spain, and the Levant. Wherein his Lordship, did first, honourably, and tenderly, acknowledge, that their Grievances were great, That they did multiply; And that they do deserve, compassion, and help; But yet● nevertheless, that he must use, that loving plainness to them, as to tell them, that in many things, they were Authors, of their own Miseries. For since the Dissolving of the Company, which was termed the Monopoly; And was set free, by the special Instance, of this House; There hath followed, such a Confusion, and Relaxation, in Order, and Government, amongst them; As they do not only incur, many Inconveniences; And commit many Errors; But in the pursuites, of their own Remedies, and suits, they do it so impolitiquely, and after such a Fashion; As Except, Legier Ambassadors, (which are the Eyes, of Kings, in foreign Parts,) should leave their Sentinel, and become Merchants Factours, and solicitors, their Causes can hardly prosper. And, which is more, such is now the Confusion, in the Trade; As Shop Keepers, and Handy-Crafts-Men, become Merchants there; Who being bound, to no Orders, seek base means, by Gifts, and Bribery, to procure favours, at the Hands, of Officers there. So as the honest Merchant, that trades like a substantial Merchant; And loves not to take Servile Courses, to buy the Right due to him, by the Amity o● the Princes; can have no Justice, without treading in their steps. Secondly, his Lordship did observe, some Improbability, that the wrongs should be so great, considering Trading, into those parts, was never greater; whereas if the wrongs, and griefs, were so intolerable, and continual, as they propound them; It would work, rather, a general Discouragement, and Coldness, of Trade, in Fact; Then an earnest, and hot Complaint, in Words. Thirdly, his Lordship did observe; That it is a Course, (howsoever i● may be with a good Intent,) yet of no small presumption; for Merchants, upon their particular Grievances, to urge things, tending to a direct War; Considering, that nothing, is more usual, in Treaties, then that such particular Damages, and Molestations of Subjects, are left to a Form of Justice, to be righted: And that the more high Articles, do retain, nevertheless, their vigour inviolably; And that the great Bargain, of the Kingdom, for War, and Peace, may, in no wise, depend, upon such petty Forfeitures; No more, then in common Assurance, between Man and Man, it were fit, that upon every breach of Covenants, there should be limited a Reentry. Fourthly, his Lordship did observe; In the manner, of preferring their Petition, they had inverted due order; Addressing themselves, to the Foot, and not to the Head. For considering, that they prayed, no new Law, for their Relief; And that, it concerned, Matter of Inducement, to War, or Peace; They ought, to have begun, with his Majesty, unto whose Royal Judgement, Power, and Office, did properly belong, the discerning of that, which was desired; The putting in Act of that, which might be granted; And the Thanks for that, which might be obtained. F●fthly, his Lordship did observe; That, as they had not preferred their Petition as it should be; So, they had not pursued their own Direction, as it was. For, having directed their Petition to the King, the Lords spiritual, and Temporal, and the Commons in Parliament assembled; It imported, as if they had offered the like Petition, to the Lords; which they never did; Contrary, Not only, to their own Direction, but, likewise, to our Conceit; who presupposed, (as it should seem, by some Speech, that passed from us, at a former Conference;) That they had offered, several Petitions, of like tenor, to both Houses. So, have you now, those eight Observations, part General, part Special, which his Lordship; made touching the Persons of those, which exhibited the Petition, and the Circumstances of the same. For the Matter, of the Petition, itself, his Lordship made this Division; That it consisteth of three parts. First, of the Complaints, of wrongs, in Fact. Secondly, of the Complaints, of wrongs, in Law; As they may be truly termed; That is, of the Inequality of Laws, which do regulate the Trade. And thirdly, the Remedy desired, by Letters of Mart. The wrongs, in Fact, receive a local Distribution, of three. In the Trade to Spain; In the Trade to the West-indies; And in the Trade to the Levant. Concerning the Trade to Spain: Although his Lordship did use, much signification, of Compassion, of the Injuries, which the Merchants received; And attributed so much, to their Profession, and Estate; As from such a mouth in such a Presence, they ought to receive, for a great deal, of Honour, and Comfort; (which Kind of Demonstration, he did interlace, throughout ●is whole Speech, as proceeding, Ex Abundantiâ Cordis,) yet, nevertheless, he did remember four Excusations, or rather Extenuations, of those wrongs. The first was, that the Injustices, complained of, were not in the Highest Degree; Because, they were Delays, and hard proceedings, and not Inique Sentences, or definitive Condemnations. Wherein I called to mind, what I heard a great Bishop, say; That Courts of justice, though they did not turn justice into Wormwood, by Corruption; yet, they turned it, into Vinegar, by Delays, which soured it. Such a Difference did his Lordship make, which, no question, is a Difference, secundum Magis, & Minus. Secondly, his Lordship ascribed these Delays, not so much to Malice, or Alienation of Mind, towards us; As to the Nature, of the People, and Nation; which is Proud, and therefore Dilatory: For all proud Men are full of Delays, and must be waited on; And specially, to the Multitudes, and Diversities, of Tribunals, and places of justice; And the Number of the King's Counsels, full of Referring, which ever prove, of necessity, to be Deferring; Besides, the great Distance of Territories. All which, have made, the Delays, of Spain, to come into a Byword, through the World. Wherein, I think, his Lordship might allude, to the Proverb of Italy; Me Venga la Morte di Spagna. Let my Death come from Spain: For then, it is sure, to be long a coming. Thirdly, his Lordship did use, an Extenuation of these wrongs, drawn from the Nature of Man; (Nemo subitò fingitur:) For that, we must make an account; That, though the Fire of Enmity, be out, between Spain, and us, yet it vapoureth: The utter Extincting whereof, must be the work of Time. But lastly, his Lordship did fall, upon that Extenuation, which of all the rest, was must forcible; which was; That many of these wrongs, were not sustained, without some Aspersion, of the Merchants own Fault, in ministering the Occasion, which grew chiefly in this manner. There is contained, an Article, in the Treaty, between Spain, and us; That, we shall not transport, any Native Commodities, of the Low-countrieses, into Spain: Nay more, that we shall not transport, any Opificia; Manufactures, of the same Country's. So that, if an English Cloth, take but a die, in the Low Countries, it may not be transported by the English: And the Reason is, because even those Manufactures, although the Material come from other Places, do yield unto them, a Profit and Sustentation, in regard their People are set on work by them: They have a gain, likewise, in the Price; And they have, a Custom, in the Transporting. All which, the Policy of Spain, is, to debar them of; Being no less desirous, to Suffocate the Trade of the Low-Countries, then to reduce their Obedience. This Article, the English Merchant, either doth not, or will not, understand: But being drawn, with his threefold Cord, of Love, Hate, and Gain; They do adventure, to transport, the Low-country Commodities, of these natures; And so, draw upon themselves, these Arrests, and Troubles. For the Trade, to the Indies; His Lordship did discover unto us, the state of it, to be thus. The Policy of Spain, doth keep that Treasury of theirs, under such Lock, and Key, as both Confederates, yea, and Subjects, are excluded, of Trade, into those Countries.: Insomuch as the French King, who hath reason to stand, upon equal terms, with Spain, yet nevertheless, is, by express Capitulation, debarred. The Subjects of Portugal, whom the State of Spain, hath studied, by all means, to content, are likewise debarred: Such a vigilant Dragon is there, that keepeth this Golden Fleece: yet nevertheless, such was his Majesty's Magnanimity, in the Debate, and Conclu●ion, of the last Treaty; As he would never condescend, to any Article, importing the Exclusion, of his Subjects, from that Trade: As a Prince, that would not acknowledge, that any such Right, could grow, to the Crown of Spain, by the Donative, of the Pope; whose Authority he Disclaimeth: Or by the Title, of a dispersed, and punctual Occupation, of certain Territories, in the name of the rest: But stood firm, to reserve that point, in full Question, to further Times, and occasions. So as it is left, by the Treaty, in Suspense, neither debarred, nor permitted. The Tenderness, and Point of Honour whereof, was such, as they, that went thither, must run their own Peril. Nay further, his Lordship affirmed; That if yet, at this time, his Majesty would descend, to a Course of Entreaty, for the release, of the Arrests, in those parts, And so confess an Exclusion; And quit the point of Honour; his Majesty, might have them, forthwith released: And yet his Lordship added; That the Offences, and Scandals, of some, had made this point worse than it was: In regard, that this very last Voyage to Virginia, intended for Trade and Plantation; Where the Spaniard, hath no People, nor Possession, is already become inflamed for Piracy. Witness Bingley, who first, insinuating his purpose, to be an Actor, in that worthy Action, of Enlarging Trade, and Plantation, is become a Pirate; And hath been so pursued, as his Ship, is taken in Ireland, though his Person, is not yet in hold. For the Trade, to the Levant; His Lordship opened unto us, that the Complaint consisted, in effect, but of two Particulars: The one, touching the Arrest of a Ship, called the Trial, in Sicily; The other, of a Ship, called the Vineyard, in Sardinia. The First, of which Arrests, was, upon pretence, of Piracy: The Second, upon pretence, of carrying Ordnance, and Powder, to the Turk. That Process, concerning the Trial, hath been, at the Merchant's instance, drawn to a Review, in Spain; which is a Favour, of exceeding rare Precedent; Being directly, against the Liberties, & Privileges of Sicily. That of the Vineyard, notwithstanding it be of that nature, as, (if it should be true,) tendeth, to the great Dishonour, of our Nation: (whereof, Hold hath been already taken, by the French Ambassador, residing at Constantinople; Who entered, into a Scandalous Expostulation, with his Majesty's Ambassador there, upon that, and the like, Transportations, of Munition, to the Turk); yet nevertheless, there is an Answer given, by Letters, from the Kings, Ambassador Legier, in Spain; That there shall be, some Course taken, to give reasonable Contentment, in that Cause, as far as may be: In both which Ships, (to speak truly,) the greatest Mass, of loss, may be included: For the rest are mean, in respect of the value, of those two Vessels. And thus much his Lordship Speech comprehended, concerning the wrongs in Fact. Concerning the Wrongs, in Law; That is to say; the Rigour of the Spanish Laws, extended upon his Majesty's Subjects, that traffic thither, his Lordship gave this Answer. That they were no new Statutes, or Edicts, devised for our People, or our Times; But were the ancient Laws, of that Kingdom: Suus cuique Mos. And therefore, as Travellers, must endure the Extremities, of the Climate, and Temper of the Air, where they travel: So Merchants, must bear with the Extremities, of the Laws, and Temper of the Estate, where they trade. Whereunto his Lordship added; that our own Laws, here in England, were not exempted, from the like Complaints, in Foreign Parts; Especially, in point, of Marine Causes, & Depredations; And that same swift Alteration, of Property, which is claimed by the Admiralty, in case of Goods, taken, in Pirates hands. But that, we were to understand, thus much, of the King of Spain's Care, and Regard, of our Nation; That he had written, his Letters, to all Corrigidors, Officers of ●orts, and other his Ministers; Declaring his will, and pleasure, to have his Majesty's Subjects, used, with all Freedom, and Favour: And with this Addition, that they should have more Favour, when it might be showed, than any other. Which words, howsoever the Effects prove, are not suddenly to be requited, with peremptory Resolutions, till Time declare, the direct Issue. For the third Part, of the Matter, of the Petition; which was, the Remedy, sought by Letters of Mart; His Lordship seemed desirous, to make us capable, of the Inconvenience, of that, which was desired, by setting, before us, two notable Exceptions thereunto: The one, that the Remedy, was utterly incompetent, and vain: There other, that it was dangerous, and pernicious, to our Merchants; And, in Consequence, to the whole State. For the weakness, of the Remedy; His Lordship, wished us, to enter into Consideration, what the Remedy was, which the Statute of Henry the fifth, (which, was now sought, to be put in Execution,) gave, in this Case; which was thus: That the Party grieved, should first complain, to the Keeper, of the private Seal; And from him, should take Letters unto the Party, that had committed the Spoil, for Restitution. And in default of Restitution, to be made upon such Letters, served; Then, to obtain of the chancellor, Letters of Mart, or reprisal: which Circuit of Remedy, promised nothing, but endless, and fruitless, Delay; In regard that the first Degree prescribed, was never likely to be effected: It being so wild a Chase, as to serve Process, upon the wrong-Doer, in Foreign Parts. Wherefore his Lordship said, that it must be, the Remedy of Statute, that must do good, in this case: which useth to proceed, by Certificats, Attestations, and other means of Information; Not depending upon a privy Seal, to be served upon the Party, whom happily they must seek out, in the West-Indies. For the Danger, of the Remedy; His Lordship directed our Considerations, to take notice, of the proportions, of the Merchant's Goods, in either Kingdom: As that the Stock, of Goods, of the Spaniard, which is within his Majesty's Power, and Distress, is a Trifle: Whereas the Stock of English Goods, in Spain, is a Mass, of mighty value. So as, if this Course, of Letters of Mart, should be taken, to satisfy, a few hot Pursuitours, here; All the Goods, of the English Subjects, in Spain, shall be exposed, to Seizure, and Arrest; And we have little, or nothing, in our Hands, on this side, to mend ourselves upon. And thus much, (Mr. Speaker,) is that, which I have collected, out of that excellent Speech, concerning the First main part which was; The Consideration, of the Petition as it proceeded, from the Merchant. There followeth now, the Second Part; Considering the Petition, as it was offered in this House. Wherein his Lordship; after an affectionate Commemoration, of the Gravity, Capacity, and Duty, which he generally found, in the proceedings of this House; desired us, nevertheless, to consider with him, how it was possible, that the Entertaining of Petitions, concerning private Injuries, and of this Nature, could avoid, these three Inconveniencies. The First, of Injustice; The Second, of Derogation, from his Majesty's supreme, and absolute Power, of concluding, War, or Peace; And the Third, of some prejudice, in reason of Estate. For Injustice, it is plain, and cannot be denied, that we hear but the one Part: Whereas that Rule, Audi alteram Partem, is not, of the Formality, but of the Essence, of justice: Which is, therefore figured, with both Eyes shut, and both Ears open. Because, she should hear both sides, and respect Neither: So that, if we should hap, to give, a right Judgement, it might be justum, but not justè, without hearing both Parties. For the Point of Derogation; his Lordship said; He knew well, we were no less ready, to acknowledge, than Himself; That the Crown of England, was ever invested (amongst other Prerogatives, not disputable) of an absolute Determination, & Power, of concluding, and making, War and Peace. Which, that it was no new Dotation, but of an ancient Foundation, in the Crown, he would recite unto us, a number of Precedents, in the Reigns, of several Kings; And chiefly, of those Kings, which come nearest his Majesties own worthiness: Wherein He said, that he would not put his Credit, upon Ciphars, and Dates; Because it was easy to mistake, the year of a Reign, or number of a Roll, but he would avouch them, in substance, to be perfect and true, as they are taken, out of the Records. By which Precedents, it will appear; That Petitions made in Parliament to Kings, of this Realm, his Majesty's progenitors; Intermeddling, with matter, of War, or Peace; Or inducement thereunto; Received small Allowance, or Success; But were always put off, with Dilatory Answers: Sometimes, referring the matter, to their Council; Sometimes, to their Letters; sometimes to their further Pleasure, and Advice; And such other Forms; Expressing plainly, that the Kings, meant to reserve, Matter of that Nature, entirely to their own Power, and pleasure. In the 18th. year of King Edward the First; Complaint was made, by the Commons, against the Subjects, of the Earl of Flanders, with Petition, of Redress: The King's Answer was; Rex nihil aliud potest, quam eodem modo petere: That is, The King could do ●o more, but make Request, to the Earl of Flanders, as Request, had been made to him: And yet no Body will imagine, but King Edward the First was potent enough, to have had his Reason, of a Count of Flaunders, by a War? And yet, his Answer was; Nihil aliud potest; As giving them to understand; That the Entering into a War, was a Matter Transcendent, that must not depend, upon such Controversies. In the 4th. year of King Edward the Third; The Commons Petitioned; That the King would enter, into certain Covenants, and Capitulations, with the Duke of Brabant: In which Petition, there was also inserted, somewhat touching a Money Matter. The King's Answer was; That for that, that concerned the Moneys, they might handle it, and examine it; But touching the Peace, he would do, as to himself seemed good. In the 18th. year, of King Edward the Third; The Commons petitioned, that they might have, the Trial, and proceeding, with certain Merchants Strangers, as Enemies to the State. The King's Answer was; It should remain, as it did, till the King had taken further order. In the 45th. year of King Edward the Third; The Commons complained; That their Trade with the Easterlings, was not upon equal Terms; (which is one, of the points, insisted upon in the present Petition;) And prayed an Alteration, and Reducement. The King's Answer was; It shall be so, as occasion shall require. In the 50th. year, of the same King; The Commons petitioned to the King, for Remedy, against the Subjects of Spain, as they now do. The King's Answer was; that he would write his Letter, for Remedy. Here is Letters of Request, no Letters of Mart: Nihil potest nisi eodem modo petere. In the same year, the Merchants of York, petitioned in Parliament, against the Hollanders; And desired their Ships might be stayed, both in England, and at Calais. The King's Answer was: Let it be declared, to the King's Council; And they shall have such remedy, as is according to Reason. In the 2d. year of King Richard the second, the Merchants of the Seacoast, did complain, of divers spoils upon their Ships, and Goods, by the Spaniard. The King's Answer was, that with the Advise of his Council, he would procure remedy. His Lordship cited two other Precedents; The one in the second year, of King Henry the Fourth; of a Petition, Against the Merchants of Genova: The other, in the 11th. year, of King Henry the 6th; Of a Petition, against the Merchants, of the Stillyard; which I omit, because they contain, no variety of Answer. His Lordship further cited, two Precedents, concerning other points of Prerogative; Which are, likewise, Flowers of the Crown; The one; Touching the King's supremacy Ecclesiastical: The other; Touching the Order, of Weights, and Measures. The former of them, was, in the time, of King Richard the 2d. At what time, the Commons complained, against certain Encroachments, and Usurpations, of the Pope: And the King's Answer was; The King hath given Order, to his Council, to treat with the Bishops, thereof. The other was, in the 18th. year of King Edward the First; At which time, Complaint was made, against uneven Weights; And the King's Answer was, Vocentur parts, ad placita Regis, & fit justitia: Whereby it appeared, that the Kings of this Realm, still used, to refer Causes, petitioned in Parliament, to the proper places, of Cognizance, and Decision. But for the Matter, of War, and Peace; As appears in all the former Precedents; The Kings, ever kept it, in Scrinio pectoris; In the Shrines, of their own Breast; Assisted and advised, by their Counsel of Estate. His Lordship did conclude, his Enumeration of Precedents, with a notable Precedent, in the 17. year, of King Richard the Second. A Prince, of no such glory, nor strength: And yet, when he made offer, to the Commons in Parliament; That they should take into their Considerations, Matter of War, and Peace, then in in hand; The Commons, in Modesty, excused themselves, and answered: The Commons will not presume to treat of so high a charge. Out of all which Precedents, his Lordship made this Inference, that as, Dies Di●m docet; So by these Examples, Wise Men, will be admonished, to forbear those Petitions to Princes, which are not likely, to have, either a Welcome Hearing, or an effectual Answer. And for prejudice, that might come, of handling, and debating, Matter of War, and Peace, in Parliament; He doubted not, but that the Wisdom, of this House, did conceive, upon what secret Consideration, and Motives, that point did depend. For that, there is no King, which will providently, and Maturely, enter into a War; But will first balance, his own Forces; Seek to anticipate, Confederacies, and Alliances; Revoake his Merchants; Find an opportunity, of the first Breach; And many other points: which if they once, do but take wind, will prove vain, and frustrate. And therefore, that this Matter, which is Arcanum Imperij, one of the highest Mysteries of Estate, must be suffered, to be kept, within the Veil. His Lordship adding, that he knew not well, whether in that, which he had already said● out of an extreme Desire, to give us satisfaction; He had not communicated, more particulars, than perhaps was requisite. Nevertheless, he confessed● that sometimes, Parliaments have been made acquainted, with Matter of War, and Peace, in a generality; But it was, upon one of ●hese Two Motives: When the King, and Counsel, conceived; That either it was Material, to have some Declaration, of the zeal, and Affection, of the People: Or else, when the King needed, to demand Moneys, and Aides, for the Charge, of the Wars: Wherein, if Things did sort to War, we were sure enough, to hear of it. His Lordship hoping, that his Majesty, would find, in us, no less readiness, to support it, then to persuade it. Now, (Mr. Speaker,) for the last part; Wherein, his Lordship, considered the Petition, As it was, recommended from us, to the upper House; His Lordship delivered, thus much, from their Lordship's; That they would make, a good Construction, of our Desires; As those, which they conceived, did rather spring, out of a Feeling, of the King's Strength; And out of a Feeling of the Subject's Wrongs; Nay more, out of a Wisdom, and Depth, to declare our forwardness, if need were, to assist his Majesty's future Resolutions; (which Declaration, might be of good use, ●or his Majesty's Service, when it should be blown abroad;) Rather, I say, then that we did, in any sort, determine, by this their Overture, to do that wrong to his Highness Supreme Power; Which happily, might be inferred, by those, that were rather apt to make evil, then good Illations, of our proceeding. And yet, that their Lordships, for the reasons, before made, most plainly tell us; That they neither could, nor would, concur with us, nor approve the course. And therefore concluded; That it would not be amiss, for us, for our better Contentment, to behold the Conditions, of the last Peace with Spain, which were, of a strange nature, to him that duly observes them; No Forces recalled, out of the Low-Conntries; No new Forces, (as to Voluntaries) restrained to go thither: So as the King, may be in peace, and never a Subject in England, but may be in War: And then, to think thus with ourselves; That that King, which would give no ground, in making his Peace, will not lose any Ground, upon just provocation, to enter into an Honourable War. And that, in the mean time, we should know thus much; that there could not be, more forcible Negotiation, on the King's part, but Blows, to procure Remedy, of those wrongs; Nor more fair promises, on the King of Spain's part, to give contentment, concerning the same: And therefore, that the Event, must be expected. And thus (Mr. Speaker,) have I passed over, the Speech, of this worthy Lord; whose Speeches (as I have often said,) in regard of his place, and Judgement, are extraordinary Lights, to this House; And have both the properties of Light; That is Conducting, and Comforting. And although (Mr. Speaker) a Man would have thought, nothing had been left, to be said; Yet I shall now, give you account, of another Speech, full of excellent Matter, and Ornaments; And without Iteration. Which, nevertheless, I shall report, more compendiously; Because, I will not offer the Speech, that wrong, as to report it at large, when your mind's per-case, and Attentions, are already wearied. The other Earl, who, usually, doth bear a principal part, upon all important Occasions; used a Speech, first of Preface, then of Argument. In his Preface, he did deliver, that he was persuaded, that both Houses did differ, rather in Credulity, and Belief, then in Intention, and Desire. For it might be, their Lordships, did not believe, the Information so far, but yet desired, the Reformation as much. His Lordship said furthered that the Merchant was a State, and Degree of persons; Not only to be respected, but to be prayed for; And graced them, with the best Additions: That they were, the Convoys, of our supplies; The Vents of our Abundance; Neptune's Almesmen; and Fortunes Adventurers. His Lordship, proceeded, and said; This Question, was new to us, but ancient to them: Assuring us, that the King, did not bear, in vain, the Devise of the Thistle, with the word; Nemo me lasce●cit impunè; And that, as the Multiplying of his Kingdoms, maketh him feel his own Power; So the Multiplying of our Loves, and Affections, made him to feel our Griefs. For the Arguments, or Reasons, they were Five in number, which his Lordship used, for satisfying us, why their Lordships, might not concur with us● in this Petition. The first was, the Composition of our House; which he took, in the first foundation thereof, to be merely democratical; Consisting, of Knights of Shires, and Burgesses of Towns; And intended to be of those, that have their Residence, Vocation, and Employment, in the places, for which they serve: And therefore, to have a private, and local wisdom, according to that Compass; And so, not fit, to examine, or determine, Secrets of Estate● which depend, upon such Variety, of Circumstances; And therefore, added, to the Precedent, formerly vouched, of the 17. of King Richard the 2d; When the Commons disclaimed, to intermeddle, in matter of War and Peace; That their Answer was, that they would not presume, to treat, of so high, and variable a Matter. And although, his Lordship acknowledged; That there be divers Gentlemen, in the Mixture, of our House; That are of good Capacity, and Insight, in Matters of Estate; yet that was the Accident of the Person, and not the Intention of the place. And Things were to be taken, in the Institution, not in the Practice. His Lordship's second Reason, was; That both, by Philosophy, and Civil Law, Ordinatio Belli, & pacis, est absoluti Imperij; A principal Flower of the Crown. Which Flowers, aught to be so dear unto us, as we ought, if need were, to water them with our Blood. For if those Flowers, should, by neglect, or upon facility, and good affection, whither, and fall, the Garland would not be worth the wearing. His Lordship's third Reason was; That Kings, did so love, to imitate Trimum Mobile, as that, they do not like, to move in borrowed Motions: So that, in those things, that they do, most willingly, intent; yet they endure not, to be prevented, by Request. Whereof he did allege, a notable Example, in King Edward the 3d. who would not hearken, to the Petition of his Commons, that besought him, to make the Black Prince, Prince of Wales. But yet, after that Repulse, of their Petition, out of his own mere Motion, he created him. His Lordship's fourth Reason, was; That it might be some scandal, to step, between the King, and his own Virtue: And that it was the Duty of Subjects; Rather, to take honours, from King's Servants, and give them to Kings; then to take honours from Kings, and give them to their Servants: Which, he did, very elegantly, set forth, in the Example of joab; who lying at the Siege of Rabbah; And finding, it could not hold out; writ to David, to come, and take the Honour, of taking the Town. His Lordship's last Reason was, that it cast some aspersion upon his Majesty; Implying, as if the King, slept, out the Sobs of his Subjects, until he was awaked, with the Thunderbolt of a Parlaament. But his Lordship's Couclusion, was very Noble; Which was, with a Protestation; That what Civil Threats, Contestation, Art, and Argument, can do, hath been used, already, to procure Remedy, in this Cause: And a Promise; That if Reason, of State, did permit, as their Lordships were ready, to spend their Breath, in the pleading, of that we desire: so they would be ready, to spend their Bloods, in the Execution thereof. This was the Resolution, of that which passed. A Speech, used to the King, by his Majesty's Solicitor, being chosen, by the Commons, as their Mouth, and Messenger, for the presenting to his Majesty, of the Instrument, or Writing, of their Grievances; In the Parliament 7ᵒ. Jacobi. MOst gracious Sovereign; The Knights, Citizens, and Burgesses, assembled in Parliament, in the House, of your Commons, in all humbleness do Exhibit, and present, unto your Sacred Majesty, in their own Words, though by my hand, their Petitions, and Grievances. They are here conceived, and set down in writing; According to ancient Custom, of Parliament. They are also prefaced, according to the Manner, and Taste, of these later Times. Therefore, for me, to make any Additionall Preface, were neither warranted, nor convenient: Especially speaking before a King; The Exactness of whose Judgement, aught to scatter, and chase away, all unnecessary Speech as the Sun doth a Vapour. This only I must say: Since this Session of Parliament, we have seen your Glory, in the Solemnity, of the Creation, of this most Noble Prince: We have heard your Wisdom, in sundry excellent Speeches, which you have delivered amongst us. Now we hope, to find, and feel, the Effects of your Goodness, in your Gracious Answer, to these our Petitions. For this we are persuaded, that the Attribute, which was given, by one of the wisest Writers, to Two, of the best Emperors; Divus Nerva, & Divus Traianus; (So saith Tacitus,) Res olim insociabiles miscuerunt, Imperium, & Libertatem; May be truly applied, to your Majesty. For never was there, such a Conservatour of Regality, in a Crown; Nor never, such a Protector, of lawful Freedom, in a Subject. Only this, (Excellent Sovereign,) Let not the sound of Grievances, (though it be sad,) seem harsh, to your Princely Ears: It is but Gemitus Columbae; The Mourning of a Dove; With that Patience, and Humility of Heart, which appertaineth, to loving and Loyal Subjects. And far be it from us; But that, in the midst, of the Sense, of our Grievances, we should remember, and acknowledge the infinite Benefits, which by your Majesty, next under God, we do enjoy; Which bind us, to wish unto your life, Fullness of Days; And unto your Line Royal, a Succession, and Continuance, even unto the world's end. It resteth, that unto these Petitions, here included, I do add one more, that goeth to them all: Which is; That if, in the words, and frame, of them, there be any Thing offensive; Or that we have expressed ourselves, otherwise than we should, or would; That your Majesty would cover it, and cast the Veil, of your Grace upon it; And accept of our good Intentions; And help them, by your benign Interpretation. Lastly, I am, most humbly, to crave, a particular pardon, for myself, that have used these few words; And scarcely, should have been able, to have used any at all, in respect of the Reverence, which I bear, to your Person, and Judgement, had I not been somewhat relieved, and comforted, by the Experience, which in my Service, a●d Access, I have had, of your continual Grace, and Favour. A Speech, of the King's Solicitor, used unto the Lords, at a Conference, by Commission, from the Commons; Moving, and persuading the Lords to join with the Commons, in Petition to the King; To obtain Liberty, to treat, of a Composition, with his Majesty, for Wards, and Tenors: In the Parliament, 7ᵒ. Jacobi. THe Knights, Citizens, and Burgesses, of the House of Commons, have commanded me, to deliver to your Lordships, the Cau●es, of the Conference, by them prayed, and by your Lordships assented, for the second Business, of this Day. They have had Report, made unto them, faithfully, of his Majesty's Answer, declared by My L. Treasurer, touching their humble Desire, to obtain Liberty, from his Majesty● to treat, of compounding for Tenors. And first, they think themselves, much bound unto his Majesty; That, in Renouâ, in which case Princes use to be apprehensive, he hath made a gracious Construction, of their Proposition. And so much they know of that, that belongs to the Greatness of his Majesty, and the Greatness of the Cause; As themselves acknowledge, they ought not, to have expected a present Resolution; Though the Wiseman saith; Hope deferred is the Fainting of the Soul. But they know, their Duty to be, to attend his Majesty's Times, at his good pleasure. And they do it, with the more comfort, because in that his Majesty's Answer, (Matching the Times, and weighing the Passages thereof,) they conceive, in their Opinion, rather Hope, than Discouragement. But the principal Causes, of the Conference, now prayed; (Besides these significations of Duty, not to be omitted;) Are two Propositions. The one, Matter of Excuse, of themselves: The other Matter of Petition. The former of which grows thus. Your Lordship, (my L. Threasurer) in your last declaration, of his Majesty's Answer, (which according to the Attribute, then given unto it, had Imaginem Caesaris, fair, and lively, graven,) made this true, and effectual Distribution: That there depended upon Tenors, Considerations of Honour; of Conscience; And of Utility: Of these three, Utility, as his Majesty set it by, for the present, out of the Greatness of his Mind; So we set it by, out of the Justness, of our Desires: For we never meant, but a goodly, and worthy Augmentation, of the Profit, now received, and not a Diminution. But, (to speak truly,) that Consideration falleth naturally to be examined, when Liberty of Treaty is granted: But the former Two, indeed, may exclude Treaty; And cut it off, before it be admitted. Nevertheless, in this that we shall say, concerning those Two, We desire to be conceived rightly: We mean not, to dispute with his Majesty, what belongeth to Sovereign Honour, or his Princely Conscience; Because we know, we are not capable, to discern them; Otherwise, then as Men use, sometimes, to see the Image, of the Sun, in a Pail of Water. But this we say for ourselves; God forbid, that we, knowingly, should have propounded any thing, that might, in our Sense, and persuasion, touch, either of both: And therefore her●in we desire to be heard, not to inform, or persuade his Majesty, but to f●ee, and excuse, ourselves. And first, in general, we acknowledge, that this Tree of Tenors, was Planted, into the Prerogative, by the ancient common Law of this Land: That it hath been Fenced in, and Preserved, by many Statutes; And that it yieldeth, at this day, to the King, the Fruit, of a great Revenue. But yet notwithstanding, if upon the Stem, of this Tree, may be raised a Pillar, of support to the Crown, Permanent, and durable as the Marble, by investing the Crown, with a more ample, more certain, and more loving, Dowry, than this of Tenors, we hope we propound no Matter of Disservice. But to speak, distinctly, of both, and first of Honour. Wherein, I pray your Lordships, give me leave, in a Subject, that may seem, supra Nos, to handle it, rather as we are capable, then as the Matter, perhaps, may require. Your Lordships well know, the various Mixture, and Composition, of our House. We have, in our House, learned Civilians, that profess a Law, that we reverence, and sometimes consult wi●h: They can tell us, that all the Laws de Feodis, are but Additionals, to the Ancient Civil Law; And that the Roman Emperors, in the full Height of their Monarchy, never knew them; So that they are not Imperial. We have grave Professors, of the Common Law, who will define unto us, that those are Parts of Sovereignty, and of the Royal Prerogative, which cannot be communicated with Subjects: But for Tenors, in substance, there is none of your Lordships, but have them; And few of us, but have them. The King, indeed, hath a priority, or first Service, of his Tenors; which shows, that they are not Regal, nor any point of Sovereignty. We have Gentlemen, of honourable Service, in the Wars, both by Sea and Land; Who can inform us, that when it is in question, who shall set his foot, foremost, towards the Enemy, it is never asked, whether he hold in Knight's Service, or in Socage. So have we many Deputy lieutenants, to your Lordships; And many Commissioners, that have been for Musters, and Levies, That can tell us, that the Service, and Defence, of the Realm, hath, in these days, little dependence upon Tenors. So then we perceive, that it is no Bond, or Ligament, of Government; No Spur of Honour; No Bridle of Obedience: Time was, when it had other uses, and the Name of Knight's Service imports it: But, Vocabula manent, Res fugiunt. But all thi●, which we have spoken, we confess to be, but in a vulgar Capacity; which, nevertheless, may serve, for our Excuse; Though we submit, the Thing itself, wholly to his Majesty's Judgement. For Matter of Conscience, Far be it from us, to cast in any Thing, willingly, that, may trouble, that clear Fountain, of his Majesty's conscience. We do confess, it is a noble Protection, that these young Birds, of the Nobility, and good Families, should be gathered, and clocked, under the wings of the Crown. But yet, Natu●rae vis maxima: And suus cuique discretus sanguis. Your Lordship's wil●●avour me, to observe my former Method. The Common Law itself, which is the best Bounds of our wisdom, doth even, in hoc Individuo, prefer the prerogative of the Father, before the prerogative of the King: For if Lands descend, held in chief, from an Ancestor, on the part of a Mother, to a Man's eldest Son, the Father being alive; The Father, shall have the Custody of the Body, and not the King. It is true, that this is only for the Father; And not, any other Parent, or Ancestor: But then, if you look, to the high Law of Tutelage, and Protection; And of Obedience, and Duty, which is the Relative thereunto; It is not said; Honour thy Father alone; But, Honour thy Father, and thy Mother, etc. Again, the Civilians can tell us, that there was a special Use, of the Praetorian Power, for Pupils, and yet no Tenors. The Citizens of London, can tell us; There be Courts of Orphans, and yet no Tenors. But, all this while, we pray your Lordships, to conceive; That we think ourselves, not competent, to discern of the Honour, of his Majesty's Crown, or the Shrine of his Conscience; But leave it, wholly, unto him, and allege these things, but in our own Excuse. For Matter of Petition, we do continue our most humble suit, by your Lordship's loving Conjunction, that his Majesty will be please●, to open unto us, this entrance of his Bounty, and Grace; As to give us liberty, to treat. And lastly, we know his Majesty's Times, are not subordinate at all, but to the Globe above: About this time, the Sun hath got even with the Night, and will rise apace; And we know, Solomon's Temple, (whereof your Lordship, my Lord Treasurer, spoke) was not built in a day: And if We shall be so happy, as to take the Axe to hew, and the Hammer to frame, in this Case; We know, it cannot be, without Time; And therefore, as far, as we may, with Duty, and without Importunity, we most humbly de●ire, an Acceleration of his Majesty's Answer, according to his good time, and Royal Pleasure. A Speech, of the King's Solicitor, persuading the House of Commons, to desist from further Question, of receiving the King's Messages, by their Speaker; And from the Body of the Council; As well as from the King's Person; In the Parliament 7ᵒ. Jac. IT is my Desire, that if any the King's Business, either of Honour or Profit, shall pass the House; It may be, not only, with external prevailing; But with satisfaction, of the Inward Man. For in Consent, where Tongue strings, not Heartstrings, make the Music; That Harmony may end in Discord. To this I shall always bend my Endeavours. The King's Sovereignty, and the Liberty of Parliament, are; as the two Elements, and Principles of this Estate; which, though the one be more Active, the other more Passive, yet they do not cross, or destroy, the one the other; But they strengthen, and maintain, the one the other. Take away Liberty of Parliament, the Griefs, of the Subject, will bleed inwards. Sharp, and Eager, Humours, will not evaporate; And then they must exulcerate, and so may endanger, the Sovereignty, itself. On the other side, if the King's Sovereignty, receive Diminution, or any Degree of Contempt, with us● that are born under an Hereditary Monarchy; (So as the Motions of our Estate, cannot work, in any other Frame, or Engine;) It must follow, that we shall be a Meteore, or Corpus imperfectè mistum; which kind of Bodies, come speedily to Confusion, and Dissolution. And herein, it is our Happiness, that we may make, the same Judgement of the King, which Tacitus made of Nerva; Divus Nerva, res olim Dissociabiles miscuit, Imperium, & Libertatem. Nerva did temper things, that before were thought incompatible, Sovereignty, and Liberty. And it is not amiss, in a great Council, and a great Cause, to put the other part of the Difference; which was significantly expressed, by the Judgement, which Apollonius made of Nero; which was thus. When Vespasian came out of judea, towards Italy, to receive the Empire: As he passed by Alexandria, he spoke with Apollonius. A Man much admired; And asked him a Question, of State. What was Nero's Fall, or overthrow? Apollonius said, Nero could tune the Harp well, but in Government, he always, either wound up the Pinns too high, and strained the strings too far; or let them down too low, and slackened the strings too much. Here we see the Difference, between Regular, and Able, Princes; And Irregular, and Incapable; Nerva, and Nero. The one tempers, and mingles, the Sovereignty, with the Liberty, of the Subject, wisely; And the other, doth interchange it, and vary it unequally, and absurdly. Since therefore, we have a Prince of so excellent Wisdom, and Moderation; Of whose Authority, we ought to be tender, as he is, likewise, of our Liberty; Let us enter, into a true, and indifferent, consideration, how far forth the Case in Question, may touch his Authority, and how far forth our Liberty. And to speak clearly; In my Opinion, it concerns his Authority, much; And our Liberty nothing at all. The Questions are Two. The one, whither our Speaker, be exempted, from Delivery, of a Message from the King; without our Licence. The other, whither it is not all one, whither he received it from the Body of the Counsel, as if he received it immediately from the King. And I will speak of the last First, because it is the Circumstance, of the present Case. First, I say, let us see, how it concerns the King, and then how it concerns Us? For the King; certainly, if it be observed, it cannot be denied, but if you may not receive his pleasure, by his Representative Body, which is his Counsel of his Estate; you both straighten his Majesty, in point of Conveniency; And weaken the Reputation, of his Counsel. All Kings, though they be Gods on Earth, yet (as he said) they are Gods of Earth: They may be of Extreme Age; they may be indisposed in Health; They may be absent. In these Cases, if their Counsels may not supply their Persons, to what infinite Accidents, do you expose them? N●y more, sometimes in Policy, Kings will not be seen, but cover themselves, with their Council; And if this be taken from them, a great part of their safety, is taken away. For the other point, of weakening the Council: you know they are nothing, without the King. They are no Body Politic: They have no Commission under Seal. So as, if you begin, to distinguish, and disjoin them, from the King, they are Corpus Opacum; For they have Lumen de Lumine; And so, by distinguishing, you extinguish, the principle Engine, of the Estate. For it is truly affirmed; That Cousilium non habet po estatem delega●am, sed in haerentem: And i● is, but Rex in Cathedrâ; The King in his Chair, or Consistory, where, his Will and Decrees, which are, in privacy, more changeable, are settled and fixed. Now for that which concerns our selves. First for Dignity, no man must think this a Disparagement for us. For the greatest Kings in Europe, By their Ambassadors, receive Answers and Directions, from the Council, in the King's absence; And if that Negotiation be fit, for the Fraternity, and Party, of King's; It may much less, be excepted to, by Subjects. For Use or Benefit, no Man can be so Raw, and Unacquainted in the Affairs of the World● as to conceive, there should be any Disadvantage in it; As if such Answers, were less Firm and Certain. For it cannot be supposed, that Men of so great Cau●●●n, as Counselors of Estate, commonly are; (whether you take Caution, for Wisdom, or Providence; Or for Pledges, of Estate, or Fortune;) Will ever err, or adventure so far, as to exceed their Warrant. And therefore, I conclude, that, in this point, there can be, unto us, neither Disgrace, nor Disadvantage. For the Point, of the Speaker. First, on the King's Part, it may have a shrewd Illation: For it hath a show, as if, there could be a stronger Duty, than the Duty, of a Subject, to a King. We see, the Degrees, and Differences, of Duties, in Families, between Father, and Son; Master, and Servant; In Corporate Bodies, between Commonalties, and their Officers; Recorders, Stewards, and the like; yet all these, give place, to the King's commandments. The Bonds are more special, but not so Forcible. On our Part, it concerns us nothing. For first it is, but de Canali, of the Pipe; How the King's Message shall be conveyed to us, and not of the Matter. Neither hath the Speaker, any such Dominion; As that, coming out of his mouth, it presseth us more, than out of a Privy Counsellors. Nay, it seems to be, a great Trust, of the Kings, towards the House; When the King, doub●eth not, to put his Message, into their Mouth; As if, he should speak to the City, by the Recorder: Therefore, me thinks, we should not entertain, this unnecessary Doubt. It is one use of wit, to make clear Things Doubtful; But it is a much better, use of wit, to make Doubtful Things clear; And to that, I would, Men would bend themselves. A brief Speech, in the End, of the Session, of Parliament, 7ᵒ. Jac. Persuading some Supply, to be given, to his Majesty; which seemed then, to stand, upon doubtful terms; And passed upon this Speech. THe proportion, of the Kings Supply, is not now in question: For when that shall be, it may be, I shall be of Opinion, that we should give so now, as we may the better give again. But as Things stand for the present, I think, the point of Honour, and Reputation, is that, which his Majesty standeth most upon, That our Gift, may, at least be like those showers that may serve, to lay the Winds; Though they do not, sufficiently, Water the ●arth. To labour, to persuade you, I will not; For I know not, into what Form, to cast my Speech. If I should enter, into a Laudative, (though never so due, and just,) of the King's great Merits it may be taken for Flattery: If I should speak, of the straight Obligations, which intercede, between the King, and the Subject, in case of the King's want, it were a kind of concluding the House: If I should speak, of the dangerous Consequence, which Want may reverberate upon Subjects, it might have a show, of a secret Menace. These Arguments, are, (I hope,) needless; And do better, in your Minds, then in my Mouth. But this, give me leave to say; That, whereas the Example, of Cyrus, was used; Who sought his Supply, from those, upon whom he had bestowed his Benefits; We must always, remember; That there are, as well Benefits of the Sceptre, as Benefits of the Hand; As well of Government, as of Liberality. These, I am sure we will acknowledge, to have come, plenâ manu, amongst us All; And all those, whom we represent; And therefore, it is every Man's Head, in this Case, that must be his Counsellor; And every Man's Heart, his Orator; And those inward Powers, are more forcible, than any Man's Speech; I leave it, and wish, it may go to the Question. A Speech, delivered by the King's Attorney, Sir Francis Bacon, in the Lower House; When the House was in great heat, and much troubled, about the undertakers; which were thought to be, some able, and forward Gentlemen; Who, to ingratiate themselves, with the King, were said, to have undertaken, that the King's Business, should pass in that House, as his Majesty could wish. In the Parliament, 12ᵒ. Jac. (Mr. Speaker,) I Have been hitherto silent, in this Matter of undertaking; wherein, as I perceive, the House, is much enwrapped. First, because, (to be plain with you,) I did not well understand, what it meant, or what it was; And, I do not love, to offer at that, that I do not throughly conceive. That Private Men, should undertake, for the Commons of England: Why? A Man might as well undertake, for the four Elements: It is a thing, so giddy● and so vast, as cannot enter, into the Brain, of a sober Man. And specially, in a new Parliament; When, it was impossible to know, who should be of the Parliament; And when all Men, that know never so little, the Constitution of this House, do know it to be so open to Reason; As Men, do not know, when they enter into these Doors, what mind themselves will be of, until they hear Things argued, and debated. Much less, can any Man make, a policy, of Assurance; what Ship, shall come safe home, into the Harbour, in these Seas. I had heard, of undertake, in several kinds: There were undertakers, for the Plantations, of Derry, and Colerane, in Ireland, the better to command, and bridle, those Parts: There were, not long ago, some undertakers, for the North-West Passage. And now, there are some undertakers, for the Project, of Died, and Dressed, clothes. And, in short, every Novelty useth to be strengthened, and made good, by a kind of undertaking. But, for the Ancient Parliament of England, which moves, in a certain Manner, and Sphere; To be undertaken, it passes my reach, to conceive, what it should be. Must we be all Died, and Dressed; And no pure Whites amongst us? Or must there be, a new passage found, for the King's Business, by a point of the Compass, that was never sailed by, before? Or must there be, some Forts built, in this House, that may command, and contain the rest? (Mr. Speaker) I know, but two Forts, in this House, which the King ever hath; The Fort of Affection, and the Fort of Reason; The one, Commands the Hearts, and the other, Commands the Heads; And others, I know none. I think Aesop was a Wise Man; that described, the nature, of the ●ly, tha● sat upon the Spoke, of the Chariot Wheel, and said to herself; What a Dust do I raise? So, for my part, I think, that all this Dust, is raised, by light Rumours, and Buzzes, and not upon any solid Ground. The second Reason, that made me silent, was, because this Suspicion, and Rumour, of undertaking, settles upon no Person certain. It is like, the Birds of Paradise, that they have in the Indies, that have no Feet, and therefore, they never light upon any place, but the wind, carries them aways And such a Thing, do I take, this Rumour to be. And lastly, when that the King, had in his two several speeches, freed us, from the main of our Fears, In affirming, directly, that there was no undertaking to him; And that, he would have taken it, to be no less derogation, to his own Majesty, then to our Merits; To have the Acts, of his people, transferred, to particular persons; That did quiet me, thus far; That these Vapours, were not gone up to the Head, howsoever, they might glow, and estuate, in the Body. Nevertheless, since I perceive, that this Cloud, still hangs over the House; And that it may do hurt, as well in Fame abroad, as in the King's Ear, I resolved with myself, to do the part, of an honest voice, in this House, to counsel you, what I think, to be for the best. Wherein first, I will speak plainly, of the pernicious Effects of the Accident, of this Brute, and Opinion, of undertaking; Towards Particulars; Towards the House; Towards the King; And wards the People. Secondly, I will tell you, in Mine Opinion, what undertaking, is tolerable; And how far, it may be justified, with a good mind; And on the other side, this same Ripping up, of the Question, of Undertakers; How far it may proceed, from a good Mind; And in what kind, it may be thought Malicious, and Dangerous. Thirdly, I will show you, my poor advice, what Means there are, to put an end, to this Question of Undertaking; Not falling, for the present, upon a precise Opinion; But breaking it, how many ways there be, by which you may get out of it; And leaving, the choice of them, to a Debate, at the Committee. And Lastly, I will advise you, how things, are to be handled, at the Committee, to avoid distraction, and loss of Time. For the First of these, I can say to you, but as the Scripure saith, Si invicem mordetis, ab invicem consumemini. If ye Fret, and Gall, one another's Reputation; The end will be, that every Man shall go hence, like Coin cried down; Of less price, than he came hither. If some, shall be thought, to fawn upon the King's Business openly; And others, to cross it secretly; Some shall be thought Practisers, that would pluck the Cards; And others, shall be thought Papists, that would shuffle the Cards; what a Misery is this, that we should come together, to foul one another, instead of procuring the public good? And this ends not in particulars, but will make, the whole House, Contemptible: For now, I hear Men say; That this Question, of undertaking, is the predominant Matter of this House. So that we are now, according to the Parable of jotham, in the Case, of the Trees of the Forest; That when Question was, whether the Vine should reign over them? That might not be: And whether the Olive should reign over them? That might not be; But we have accepted the Bramble, to reign over us. For it seems, that the good Vine, of the King's Graces, that is not so much in esteem: And the good Oil, whereby we should salve, and relieve, the wants, of the Estate, and Crown, that is laid aside too: And this Bramble, of Contention, and Emulation; This Abimelech, which (as was truly said, by an understanding Gentleman,) is a Bastard: (For every Fame, that wants a Head, is Filius populi;) This must Reign, and Rule amongst us. Then for the King nothing can be more opposite, Ex diametro, to his Ends and Hopes, than this. For you have heard him profess like a King; and like a gracious King, that he doth not, so much, respect, his present supply; As this demonstration, that the People's Hearts are more knit to him, than before. Now then, if the Issue shall be this, that whatsoever shall be done for Him, shall be thought to be done, but by a number of Persons, that shall be laboured, and packed; This will rather be a sign of Diffidence, and Alienation, then of a natural Benevolence, and Affection, in his People, at home; And rather Matter, of Disreputation, then of Honour, abroad. So that to speak plainly to you; The King were better call, for a new Pair of Cards, then play upon these, if they be packed. And then for the People; It is my manner, ever, to look, as well beyond a Parliament, as upon a Parliament; And if they abroad, shall think themselves, betrayed by those, that are their Deputies, and Attorneys here; it is true, we may bind them, and conclude them, But it will be, with such Murmur, and Insatisfaction● as I would be loath to see. These Things might be dissembled; And so things left, to bleed inwards; But that is not the way, to cure them. And therefore I have searched the Soare, in hope, that you will endeavour the Medicine. But this to do more throughly, I must proceed, to my Second Part; To tell you clearly, and distinctly, what is to be set on the Right hand, and what on the left, in this business. First, if any Man, hath do● good Offices, to advise the King, to call a Parliament; And to increase, the good Affection, and Confidence of his Majesty, towards his People; I say, that such a Person, doth rather Merit well, then commit any Error; Nay further, if any Man, hath out of his own good mind, given an opinion, touching the Minds of the Parliament, in general; How it is probable, they are like to be found; And that they will have, a due feeling of the King's wants; And, will not deal drily, or illiberally, with him; This Man, that doth but think, of other men's minds, as he finds his own, is not to be blamed. Nay further, if any Man, hath coupled this, with good wishes, and Propositions; That the King do comfort, the Hearts of his People, and testify his own love to them, by filing off, the harshness of his Prerogative; Retaining the substance, and strength; And to that purpose, like the good householder in the Scripture, That brought forth old store and new, hath revolved the Petitions, and Propositions, of the last Parliament, and added new; I say, this Man hath sown good seed; And he that shall draw him, into Envy for it, sows Tares. Thus much of the Right hand. But on the other side, if any shall mediately, or immediately, infuse into his Majesty, or to others; That the Parliament, is as Cato said of the Romans, like Sheep; That a Man, were better drive a Flock of them, than one of them; And however, they may be wise Men severally, yet, in this Assembly, they are guided by some few, which if they be made, and assured, the rest will easily follow: This is a plain Robbery, of the King of Honour, and his Subjects of Thanks; And it is to make the Parliament vile, and servile, in the eyes of their Sovereign; And I count it no better, than a supplanting, of the King and Kingdom. Again, if a Man shall make this Impression; that it shall be enough for the King to send us some things of show, that may serve, for colours; And let some Eloquent Tales, be told of them; And that will serve, Ad faciendum populum; any such Person, will find, that this House can well skill, of false Lights: And that it is, no wooing Tokens, but the true Love, already planted, in the Breast of the Subjects, that will make them do for the King. And this is my Opinion, touching those that may have persuaded a Parliament. Take it on the other side, (for I mean in all things to deal plainly) If any Man hath been diffident touching the Call of a Parliament, Thinking, that the best Means, were first for the King, to make his utmost trial, to subsist of himself, and his own Means; I say, an Honest, and Faithful Heart, might consent to that Opinion; And the event, it seems doth, not greatly discredit it hitherto. Again, if any Man, shall have been of Opinion, that it is not a particular Party, that can bind the House; Nor, that it is not Shows or Colours, can please the House; I say, that Man, though his speech tend to discouragement, yet it is coupled with Providence. But by your leave, if any Man since the Parliament was called, or when it was in speech, shall have laid Plots, to cross the good will of the Parliament, to the King; By possessing them, that a few shall have the thanks; And that they are (as it were) Bought and Sold, and betrayed; And that, that which the King offers them, are but Baits, prepared by particular persons; Or have raised rumours, that it is a packed Parliament; To the end, nothing may be done, But that the Parliament may be dissolved (as Gamesters use to call for new Cards, when they mistrust a Pack:) I say, These are Engines, and Devises, Naught, Malign, and Seditious. Now for the Remedy; I shall rather break the Matter, (as I said in the Beginning,) then advise positively. I know but three ways. Some Message of Declaration to the King. Some Entry, or protestation, amongst ourselves: Or some, strict and punctual Examination. As for the last of these, I assure you, I am not against it, if I could tell where to begin, or where to end. For certainly, I have often seen it, that Things, when they are in smother, trouble more, than when they break out. Smoak blinds the Eyes, but when it blazeth forth into Flame, it gives light to the Eyes. But then, if you fall to an Examination, some Person must be charged; some Matter must be charged: And the Manner, of that Matter, must be likewise charged; For it may be in a Good Fashion, and it may be in a Bad; In as much difference as between Black, and White: And then, how far Men will ingenuously confess; How far they will politicly deny; And what we can Make, and gather, upon their Confession; And how we shall prove, against their Denial, It is an endless piece of Work; And, I doubt, that we shall grow, weary of it. For a Message to the King; It is the Course, I like best; so it be carefully, and considerately, handled: For if, we shall represent to the King, the Nature of this Body, as it is; Without the veils, or shadows, that have been cast upon it; I think, we shall do him Honour, and ourselves Right. For any Thing, that is to be done, amongst ourselves, I do not see much gained by it; Because it goes no further than ourselves: Yet if any thing, can be wisely conceived, to that end, I shall not be against it; But, I think, the purpose of it, is fittest to be; Rather, that the House conceives, that all this, is but a Misunderstanding; Then to take knowledge, that there is, indeed, a Just Ground; And then, to seek, by a Protestation, to give it a Remedy. For Protestations, and Professions, and Apologies, I never found them very Fortunate; But they rather increase suspicion, then clear it. Why then the Last Part is, that these things, be handled at the Committee, seriously, and temperately: Wherein I wish, that these four Degrees, of Questions, were handled, in order. First, whether we shall do any thing, at all, in it; Or pass by it, and let it sleep? Secondly, whether we shall enter, into a particular Examination, of it? Thirdly, whether we shall content ourselves, with some Entry, or Protestation, amongst ourselves? 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 politic, to have been silent; But it is, perhaps, more honest, and lovings to speak. The old Verse is: Nam nulli tacuisse nocet, nocet esse locutum. But, by your leave, David saith; Silui à bonis, & Dolour 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 Majesty's Attorney General, against William Talbot, a Counsellor at Law, of Ireland, upon an Information, in the Star-Chamber, o'er 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 Catholic Roman Church, should determine thereof. Ultimo die Termini Hilarij, undecimo jacobi 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 Duel, which is in the Christian World; The Duels, and Conflicts, between the lawful Authority, of Sovereign Kings, which is God's 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 Sovereign Princes, as the Banditi; And to proscribe their Lives; and to expose their Kingdoms to prey; If these pretences, (I say,) and all Persons, that submit themselves, to that part of the Pope's Power, be not, by all possible Severity, repressed, and punished; The State of Christian Kings, will be no other, than the ancient Torment, described by the Poets, in the Hell of the Heathen: A man sitting, richly roabed, solemnly attended, delicious fare etc. 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 poureth 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 Mortal 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, Lawful Kings, and Magistrates. But, my Lords, in this vel, 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 publicly, 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 King's Mercy, I would he might need the King's Mercy; But, nevertheless, 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 Murdering, 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. Bu● before I come to the particular charge, of this Man; I cannot proceed so coldly, but I must express, unto your Lordships, the extreme, and imminent Danger, wherein our Dear, and Dread, Sovereign, 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 Pope's Temporal Power: which though, the modest Sort, would blanche, 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 peril, though it be, in itself, 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 Glass of England. In that of France, the Tragedies acted, and executed, in two Immediate Kings; In the Glass 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 jacobine Friar: 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, Heroical; (except it be, in the Point, of Revolt, from Religion;) At a time, when he was, as it were to mount on Horseback, 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 ranked, with the greatest Kings; Oftentimes attempted, by like votaries; Sommervile, Parry, Savage, and others; But still protected, by the Watchman, that Slumbreth not. Again, our excellent Sovereign, King james; The Sweetness, and Clemency, of whose nature, were enough, to quench, and mortify, 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 Twinkling of an Eye; (As if it had been, a particular Doomsday;) To have been brought to Ashes, dispersed to the four Winds. I noted, the last day my Lord Chief justice, when he spoke, 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 pass, but in these Glasses, which I spoke of, besides the Facts themselves, and Danger, to show you two Things. The one, the Ways of God Almighty, which turneth the Sword of Rome, upon the Kings, that are the Vassals of Rome; And over them, giveth it power; But protecteth those Kings, which have not accepted, the Yoke of his Tyranny, from the Effects of his Malice. 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 Alarm 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 Soldiers, do, either thrust the Spear, into the Side of Gods Anointed; Or, at least, they Crown them with Thorns; That is, piercing, and pricking, Cares, and Fears, that they can never be quiet, or secure, of their Lives, or States. And as this Peril, is common to Princes, of both Religions: So Princes of both Religions have been, likewise, equally sensible, of every Injury, that touched their Temporal. Thunaus reports in his Story; That when the Realm of France was interdicted by the violent proceedings of Pope julius the 2d. the King, Lewis the 12th. otherwise noted for a Moderate Prince, caused Coins 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 Catholic King was so much incensed at that time, in respect of the Pope's Usurpation; As he did forerun Luther, in applying Babylon to Charles●he ●he 5th. Emperor, who was accounted, one of ●he Pope's best Sons; yet proceeded, in matter temporal, towards Pope Clement, with strange Rigour; Never regarding the Pontificality, but kept him Prisoner 18. Months, in a Pestilent Prison; And was hardly dissuaded by his Council, from having sent him, Captive into Spain; And made sport with the Threats of Frosberg, the German; who wore a silk Rope, under his Cassock, which he would show in all Companies; Telling them, that he carried it, to strangle the Pope with his own hands. As for Philip the Fair; I● is the ordinary Example, how he brought Pope Boniface the 8th. to an ignominious End; Dying Mad and Enraged; And how he styled hi● Rescript, to the Pope's Bull, whereby he challenged his Temporal; Sciat Fatuitas Vestra; Not your Beatitude, but your Stultitude; A Style, worthy to be continued, in like Cases. For certainly, that claim is merely 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 Temporal, and Spiritual, better in times of greatest Superstition: I report me, to King Edward I. that set up so many Cross●s; And yet crossed that part of the Pope's jurisdiction, no Man more strongly. But these things, have passed better Penns and Speeches: here I end them. But now to come to the particular Charge, of this Man: I mus● inform your Lordships the Occasion, and Nature, of this Offence The●e ha●h been published, lately, to the World● a Work of Su●rez a Portugese; A Professor in the University of Coimbra; A Confiden●● and da●ing Writer; such an one, as Tully describes in derision, Nihil tam verens, quam ne dubitare, aliquâ de re, videretur: One that fears nothing but this, lest he should seem to doubt of any thing. A Fellow, that thinkest with his Magistrallity, and Goose-quill, to give Laws, and Mannages, to Crowns and Sceptres. In this Man's writing this Doctrine of Deposing, and Murdering, Kings, seems to com● to a higher Elevation, than 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 M●ns Ears (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 Spiritual Crimes, as Heresy, and Schism; But for Faults, of a Tempo●rall Nature; Forasmuch, as a Tyrannical Government, tendeth ever, to the Destruction of Souls. 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 su●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 may● be a Foreign Pr●nce; It may be, a Particular Subject; It may be, in general, to the first undertaker. But if there be no Direction, or Assignation, in the Sentence, special, nor general, then, de Jure, it appertains to the nex● Successor: (A natural, 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 Catholic. But, if he be Doubtful, or that he be no Catholic, than it devolves, to the Commonalty, of the Kingdom; So as, he will be sure, to have it done, by one Minister, or other. In the Third, he distinguisheth● of two kinds, of Tyrants; A Tyrant in Title, and A Tyrant in Regiment, ●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 King's 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 private 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 Councillor, 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 advice, and Sedato animo, he might 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 Controversy growing, upon Exposition of Scriptures, and Counsels; Wherein, (being ignorant, and not studied,) I cannot take upon me, to judge: But I do submit mine Opinion therein, to the judgement, of the Catholic Roman Church, as in all other Points, concerning Faith, I do. And for Matter, concerning my Loyalty, I do acknowledge, my Sovereign Liege Lord King James, to be lawful, and undoubted, King, of all the Kingdoms, of England, Scotland, and Ireland; And I will bear, true faith, and Allegiance, to his Highness, during my life. NOw, (my Lords,) upon these words, I charge William Talbot, to have committed a great Offence; And such an one, as if he had entered, into a voluntary, and malicious, Publication, of the like writing; It would have been, too great an Offence, for the Capacity of this Court. But because, it grew from a Question, asked by a Council of ●state; And so, rather seemeth, in a favourable Construction, to proceed, from a kind of Submission to answer, then from any malicious, or insolent Will, it was fit, according to the Clemency, of these Times, to proceed in this manner, before your Lordships. And yet, let the Hearers, take these things right; For certainly, if a Man be required, by the Lord's o● the Council, to deliver his Opinion, whether King james, be King, or no? And He deliver his Opinion, that He is not; This is, High Treason. But, I do not say, that these words, amount to thate And therefore, let me open them, truly, to your Lordships; And therein, open also, (it may be,) the Eyes, of the Offender Himself, how far they reach. My Lords, a Man's Allegiance, must be Independent, not provisional, and conditional. Elizabeth Barton, that was called, the Holy Maid of Kent, affirmed; That if K. H. 8. Did not take, Katherine of Spain, again, to his Wife, within a twelve month, he should be no King; And this was judged Treason. For though this Act, be Contingent, and Future; yet Treason, of compassing, and imagining, the King's Destruction, is present. And in like manner, if a Man should, voluntarily publish, or maintain; That whensoever a Bull, or Deprivation, shall come forth against the King, that from thenceforth, he is no longer King: This is of like Nature: But with this, I do not charge you neither: But this, is the true Latitude of your Words; That if the Doctrine, touching the Killing of Kings, be Matter of Faith, that you submit yourself, to the Judgement, of the Catholic Roman Church: So as now, (to do you right,) your Allegiance, doth not depend simply, upon a Sentence, of the Pope's Deprivation, against the King; But upon another point also; If these Doctrines be already, or shall be declared, to be Matter of Faith. But my Lords, there is little won in this: There may be some Difference, to the guiltiness, of the Party; But there is little, to the Danger of the King. For the same Pope of Rome, may with the same breath, declare bo●h. So as still, upon the matter, the King is made, but Tenant at will, of his Life, and Kingdoms; And the Allegiance of his Subjects, is pinned upon the Pope's Act. And Certainly, it is Time, to stop the Current of this Opinion, of Acknowledgement of the Pope's power, in Temporalibus; Or el●e, it will supplant, the Seat of Kings. And let it not be mistaken, that Mr. Talbots Offence, should be no more, than the Refusing the Oath of Allegiance. For it is one thing to be silent, and another thing to affirm. As for the Point of Matter of Faith, or not of Faith; To tell your Lordship's plain, it would astonish a Man, to see the Gulf of this employed ●eliefe. Is nothing excepted from it? If a Man should ask Mr. Talbot, whether he do condemn Murder, or Adultery, or Rape, or the Doctrine of Mahomet, or of Arius, in stead of Zuarius; Must the Answer be, with this exception, that if the Question concern matter of Faith, (as no question, it doth, for the Moral Law is matter of Faith) That therein, he will submit himself, to what the Church shall determine? And no doubt, the Murder of Princes, is more than Simple Murder. But to conclude, (Talbot,) I will do you this Right; and I will no● be reserved in this, but to declare that, that is true; That you came afterwards to a better mind; Wherein, if you had been constant, the King, out of his great goodness, was resolved, not to have proceeded with you, in Course of Justice: But then again, you Started aside, like a Broken Bow. So that, by your Variety, and Vacillation, you lost, the acceptable time, of the first Grace; which was, Not to have convented you. Nay, I will go farther with you. Your last Submission, I conceive to be Satisfactory and Complete; But than it was too late; The King's Honour was upon it; It was published, and the Day appointed, for Hearing: Yet, what preparation, that may be, to the Second Grace of Pardon; that I know not: But I know, my Lords, out of their accustomed favour, will admit you, not only to your Defence, concerning that, that hath been Charged; But to extenuate, your Fault, by any Submission, that now, God shall put, into your mind, to make. The Charge given, by Sr. Francis Bacon, his Majesty's Attorney General, against Mr. I.S. for Scandalising, and Traducing, in the public Sessions, Letters sent, from the Lords of the Council, touching the Benevolence. MY Lords, I shall inform you, ore tenus, against this Gentleman, Mr. I. S. A Gentleman, (as it seems) of an ancient House, and Name; But for the present, I can think of him, by no other Name, than the Name of a great Offender. The Nature, and Quality of his Offence, in sum, is this. This Gentleman, hath, upon advice, not suddenly, by his Pen; Nor by the Slip of his Tongue; Not privately, or in a Corner, but publicly; As it were, to the face of the King's Ministers, and justices; Slandered and Traduced; The King, our Sovereign; The Law of the Land; The Parliament; And infinite Particulars, of his Majesty's worthy, and loving Subjects. Nay, the Slander is, of that Nature, that it may seem, to interest, the People, in Grief, and Discontent, against the State; whence might have ensued, Matter of Murmur, and Sedition. So that it is not a Simple Slander, but a Seditious Slander; like to that, the Poet speaketh of;— Calamosque armare Veneno. A Venomous Dart, that hath both Iron, and Poyson● To open, to your Lordships, the true State, of this Offence, I will set before you; First, the Occasion, whereupon Mr. I. S. wrought: Th●n the Offence, itself, in his own words: And lastly, the Points, of his Charge. My Lords, you may remember, that there was the last Parliament, an Expectation, to have had the King, supplied, with Treasure, although the Event failed. Herein, it is not fit for me to give opinion, of an House of Parliament: But I will give testimony of Truth, in all places. I served, in the Lower House, and I observed somewhat. This I do affirm; That I never could perceive, but that there was, in that House, a general Disposition to give; And to give, largely. The Clocks in the House, perchance, might differ; Some went too fast, some went too slow: But the Disposition to give, was general; So that I think, I may truly say; Solo tempore lapsus Amor. This Accident, happening thus, besides expectation: It stirred up, and awaked, in divers of his Majesty's worthy Servants, and Subjects; of the Clergy, the Nobility, the Court, and others here nea● at hand, an Affection loving, and cheerful; To present the King, some with Plate, some with Money, as a Freewill offering; (A Thing, that God Almighty loves; A Cheerful Giver; what an Evil Eye doth, I know not.) And (my Lords) let me speak it, plainly unto you; God forbid, any Body should be so wretched, as to think, that the Obligation of Love, and Duty, from the Subject, to the King, should be Joint, and not several: No, my Lords it is both. The Subject petitioneth, to the King, in Parliament. He Petitioneth likewise, out of Parliament. The King, on the other side, giveth Graces, to the Subjects, in Parliament: He gives them likewise, and poureth them, upon his People, out of Parliament: And so, no doubt, the Subject, may give, to the King, in Parliament, and out of Parliament. It is true, the Parliament, is Intercursus Magnus; The great Intercourse, and main Current, of Graces, and Donatives, from the King, to the People; from the People, to the King: But Parliaments are held, but at certain times: Whereas the Passages, are always open, for Particulars: Even as you see, great Rivers, have their Tides; But particular Springs, and Fountains, run continually. To proceed therefore; As the Occasion, (which was the failing of Supply, by Parliament,) did awake the Love, and Benevolence, of those, that were at hand, to give: So it was apprehended, and thought fit, by my Lords of the Council, to make a proof, whether the occasion, and Example both, would not awake, those in the Country, of the better sort, to follow. Whereupon, their Lordships devised, and directed Letters, unto the Sheriffs, and justices, which declared what was done here above, and wished, that the Country might be moved, especially Men of value. Now, My Lords, I beseech you, give me favour, and attention, to set forth, and observe, unto you, five Points: (I will number them, because other Men may note them; And I will but touch them, because they shall not be drowned, or lost in discourse;) which I hold worthy, the observation, for the Honour of the State, and Confusion of Slanders: Whereby, it will appear, most evidently; What care was taken, that that, which was then done, might not have the effect, no nor the show, no nor so much as the shadow, of a Tax: And that it was, so far, from breeding, or bringing in, any ill precedent, or Example, As, contrary wise, it is a Corrective, that doth correct, and allay, the Harshness, and Danger, of former Examples. The first is; That what was done, was done, immediately after such a Parliament, as made general Profession to give, and was interrupted by Accident; So as, you may truly, and justly esteem it; Tanquàm Posthuma Proles Parliamenti; As an After Child of the Parliament; And in pursuit, (in some small measure,) of the firm Intent, of a Parliament past. You may take it also, if you will, as an Advance, or Provisionall Help, until a Future Parliawent: Or, as a Gratification simply, without any Relation, to a Parliament; you can, no ways, take it amiss. The Second is, That it wrought, upon Example; As a Thing, not devised; Or projected; Or required; No, nor so much as recommended, until many, that were never moved, nor dealt with, Ex mero motu, had freely and frankly, sent in their presents. So that, the Letters, were rather like Letters of News, what was done a● London, then otherwise: And we know, Exempla ducun●, non tra●unt; Examples, they do but Led, they do not Draw, nor Drive. The Third is, Th●t it was not done, by Commission, under the Great Seal; A Thing warranted, by a Multitude of Precedents, both ancient, and of late time, as you shall hear anon; And no doubt, warranted by Law; So that, the Commissions, be of that Style, and Tenor, as that they be to move, and not to levy: But this was done, by Letters of the Council, and no higher Hand, or Form. The Forth i●, That these Letters, had no manner of Show, of any Binding Act, of State. For they contai●● not any special Frame of Direction, how the Business should be Managed; But were written, as upon trust; Leaving the matter, wholly, to the Industry, and Confidence, of those in the Country; So that it was, an absque Compoto; Such a form of Letter, as no Man could, fitly, be called to account upon. The fifth, and last Point is; That the whole Carriage of ●he Business, had no Circumstance compulsory. There was no Proportion, Or Rate, ●et down, not so much as by way of a Wish: There was no Menace of any that should deny: No Reproof of any that did deny, No certifying, of the Names of any, that had denied. Indeed, if Men could not content themselves to deny, but that they must censure, and inveigh; Nor to excuse themselves, but they must accuse the State, that is another Case. But, I say, for Denying, no Man was apprehended, no nor noted. So that, I verily think, that there is none so subtle a Disputer, in the Controversy of Liberum Arbitrium, that can, with all his Distinctions, fasten, or carp, upon the Act, but that there was Free Will, in it. I conclude therefore, (My Lords,) that this was a True, and pure, Benevolence; Not an Imposition, called a Benevelence, which the Statute speaks of; As you shall hear, by one of my Fellows. There is a great Difference, I tell you, (though Pilate would not see it,) between Rex judaeorum and se d●cens Regem judaeorum; And there is a great difference, between a Benevolence, and an Exaction, called a Benevolence, which the Duke of Buckingham, speaks of, in his Oration to the City: And defineth it, to be, not what the Subject, of his good will, would give, but what the King, of his good will, would take. But this, I say, was a Benevolence, wherein every man, had a Prince's Prerogative; A Negative Voice: And this word, (Excuse moy,) was a Plea peremptory. And therefore, I do wonder, how Mr. I. S. could foul, or trouble, so clear a Fountain; Certainly, it was but his own Bitterness, and unsound Humours. Now to the particular Charge. Amongst other Countries, these Letters, of the Lords, came to the justices of D— shire, Who signified, the Contents thereof; And gave Directions, and Appointments, for meetings, concerning the Business, to several Towns, & Places, within that County: And amongst the rest, notice was given, unto the Town, of A: The Majour of A; conceiving, that this Mr. I. S. (being a Principal Person, and a Dweller, in that Town;) was a Man, likely to give, both money, and good Example: Dealt with him, to know his mind. He, intending, (as it seems,) to play prizes, would give no Answer, to the Majour, in private, but would take Time. The next day then, being an Appointment of the justices to meet, he takes occasion, or pretends occasion, to be absent, because he would bring his Papers, upon the Stage: And thereupon, takes Pen in hand, and, in stead, of excusing himself, sets down, and contriveth, a seditious, and libellous, Accusation, against the King, and State; which your Lordships shall now hear; And sends it to the Majour: And witwall, because the Feather of his Quill, might fly abroad, he gives authority, to the Majour, to impart it to the justices, if he so thought good. And now, my Lords, because I will not mistake, or mis-repeat, you shall hear the Seditious Libel, in the proper terms, and words thereof. Here the Papers were read. MY Lords, I know, this Paper, offends your Ears, much, and the Ears 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 says, 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 Blaspheming● of the King himself; Setting him forth, for a Prince, perjured, in the great, and solemn, Oath, of his Coronation; which is, as it were, the Knot of the Diadem: A Prince, that should be a Violatour, and Infringer, of the Liberties, Laws, and Customs, of the Kingdom: 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, gross, and palpable: It is truly said, by a Civilian; Tortura Legum pessima: The Torture of Laws, is worse, than 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 King's loving Subjects, that have given, towards this Benevolence, and free Contribution: Charging them, as Accessary, and Coadjutours, to the King's Perjury. Nay, you leave us not there; But you take, upon you, a Pontifical Habit; 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 causeless Curse shall not come. For the first of these, which concerns the King, I have taken to myself, the opening, and Aggravation, thereof: The other three, I have distributed, to my Fellows. My Lords, ● 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 venomous 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 Laws, 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 express, sufficiently; And the other, I will not press, too far. My Lords, I mean to make, no Panegyric, or Laudative: The Kings delights not in it, neither am I fit for it: But if it were, but a Councillor, or Nobleman, 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 limited with the present Case) in silence: For, it is fit, to burn Incense, where evil Odours, have been cast, and raised. Is it so, that King james shall be said to be a Violater, of the Liberties, Laws, and Customs of his Kingdoms? 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 Laws of the Kingdom which is the Subjects Birthright; In temperate use, of the Prerogative; In due, and free, Administration of justice; 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 Principal Conservator of true Religion, through the Christian World. He hath maintained it, not only, with Sceptre 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 divers Artifices, and Enchantments, 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 Foreign 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 Heretic 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 persuaded, there sits, in this Court one, whom God doth the rather bless, for being his Majesty's 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 Universities. His Majesty, as for Learning amongst Kings, he is incomparable, in his Person; So likewise, hath he been in his Government, a benign, or benevolent planet, towards Learning. By whose influence, those Nurseries, and Gardens of Learning, (the Universities) were never, mor● in Flower, nor Fruit. For the Maintaining, of the Laws, 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 Forms of the Laws, of the Land. Neither was there ever King, (I am persuaded) that did consult, so oft, with his judges; As my Lords, that sit here, know well. The judges, are a kind of Council, of the Kings, by Oath, and ancient Institution; But he useth them so indeed. He confers regularly, with them, upon their Returns, from their Visitations, and Circuits. He gives them Liberty, both to inform him, and to debate matters with him; And in the Fall, and Conclusion, commonly, relieth, on their Opinions. As for the use, of the Prerogative, it runs within the ancient Channels, and Banks; Some Things, that were conceived, to be in some Proclamations, Commissions, and Patents, as Overflows, have been, by his Wisdom, and Care, reduced; whereby, no doubt, the Main Channel, of his Prerogative, is so much the stronger. For evermore, Overflows, do hurt the Channel. As for Administration of justice, between Party and Party, I pray observe these points. There is no News, of Great Seal, or Signet, that flies abroad, for Countenance, or Delay of Causes: Protections rarely granted, and only upon great Ground, or by Consent: My Lords, here of the Council, and the King himself, meddle not, (as hath been used in former times) with Matters, of Meum and Tuum; except they have apparent mixture with Matters of Estate, but leave them to the King's Courts of Law, or Equity. And for Mercy, and Grace, (without which, there is no standing, before justice;) we see, the King now hath reigned 12. years, in his White Robe, without, almost any Aspersions of the Crimson Die, of ●lood. There sits my Lord Hob●rt, ●hat served Attorney seven years. I served with him. We were so happy, as there passed not, through our hands, any one Arraignment for Treason; And but one, for any Capital Offence; which was that, of the Lord Sanquier; The Noblest piece of justice, (one of them) that ever came ●orth in any King's Times. As for Penal Laws, which lie, as Snares, upon the Subjects: And which were, as a Nemo seit, to King Henry 7. It yields a Revenue, that will scarce pay, for the Parchment, of the King's Records, at W●stminster. And lastly for Peace; we see, manifestly, his Majesty, bears some Resemblance, of that great Name; A Prince of Peace: He ha●h preserved his Subjects, during his Reign, in Peace, both within, and without. For the Peace, with States abroad, We have it, usque ad Satietatem: And for Peace, in the Lawyer's phrase, which count Trespasses, and Forces, and Riots, to be Contra pacem; Le● me give your Lordships, this Token, or Taste; That this Court, where they should appear, had never less to do. And certainly, there is no better Sign, of Omnia benè, then when this Court, is in a Still. But, (my Lords,) this is a Sea of Matter; And therefore, I must give it over, and conclude; That there was never King, reigned, in this Nation, that did better keep Covenant, in preserving the Liberties, and procuring the Good, of his People. So that, I must needs say, for the Subjects of England; O Fortunatos nimium, sua si bona nôrint: As, no doubt, they do, both know, and acknowledge it: Whatsoever, a few turbulent Discoursers, may, through the Lenity of the time, take Boldness to speak. And as for this particular, touching the Benevolence, wherein, Mr. I.S. doth assign, this breach of Covenant; I leave it, to others, to tell you; what the King may do; Or what other Kings, have done: But I have told you, what our King, and my Lords, have done: Which, I say, and say again, is so far, from introducing, a new Precedent; As it doth, rather, correct, and mollify, and qualify, former precedents. Now, (Mr. I. S.) let me tell you your fault in few words; For that, I am persuaded, you see it already; Though I woo no Man's Repentance; But I shall, as much as in me is, cherish it, where I find it. Your Offence hath three parts knit together, Your Slander; Your Menace; and Your Comparison. For your Slander, it is no less, then that the King is perjured, in his Coronation Oath. No greater Offence than Perjury: No greater Oath, then that of a Coronation. I leave it; It is too great to aggravate. Your Menace, that if there were a Bullingbroke, or I cannot tell what, there were Matter for him, is a very seditious Passage. You know well, that howsoever Henry the fourth's Act, by a secret Providence of God, prevailed, yet it was but an Usurpation: And, if it were possible, for such a one, to be, this day, (wherewith, it seems, your Dreams are troubled,) I do not doubt, his End would be upon the Block; And that he would, sooner, have the Ravens, sit upon his Head, at London Bridge, than the Crown at Westminster. And it is not your interlacing, of your (God forbid,) that will salve these seditious Speeches; Neither could it be a Forewarning, because the Matter was past, and not revocable; But, a very Stirring up, and Incensing, of the People. If I should say to you, (for Example,) if these times, were like some former times, of King H. 8; Or some other times, which God forbid, Mr. I. S, it would cost you your life. I am sure, you would not think this, to be a gentle warning, but rather, that I incensed the Court against you. And for your Comparison, with R. the 2. I see you follow the Example of them, that brought him upon the Stage, and into Print, in Queen Elizabeth's time; A most prudent; and admirable, Queen; But let me entreat you, that when ●ou will speak, of Queen Elizabeth, or King james; you would compare them to K. H. the 7th, or K. Ed. 1. Or some other Parallels, to which they are like. And this I would wish, both you, and all, to take heed of; How you speak seditious Matter● in Parables, or by Tropes, or Examples. There is a thing, in an Indictment, called an Innuendo; You must beware, how you beckon, or make Signs upon the King, in a Dangerous sense: But I will contain myself, and Press this no further: I may hold you, for Turbulent, or Presumptuous, but I hope you are not Disloyal: You are graciously, and mercifully, dealt with. And therefore having now o●ened to my Lords, and, (as I think,) to your own Heart, and Conscience, the principal part of your Offence, which concerns the King;) I leave the rest, which concerns the Law, Parliament, and the Subjects that have given, to Mr. Sergeants, and Mr. Solicitor. The Charge of Owen, indicted of High Treason, in the King's Bench, by Sir Francis Bacon, Knight, his Majesty's Attorney General. THe Treason, wherewith, this Man standeth Charged, is, for the Kind, and Nature, of it, Ancient; As Ancient, as there is, any Law of England: But, in the particular, Late, and Upstart: And again, in the Manner, and Boldness, of the present Case, New, and almost unheard of, till this Man. Of what mind he is now, I know not, but I take him as he was, and as he standeth charged. For High Treason, is not written in Ice; That when the Body relenteth, the Impression should go away. In this Cause, the Evidence itself, will spend little Time: Time therefore, will be best spent, in opening, fully, the Nature of thi● Treason, with the Circumstances thereof; Because the Example, is more than the Man. I think good, therefore, by way of Inducement, and Declaration, in this Cause, to open unto the Court, jury, and Hearers, five Things. The first is, the Clemency, of the King; Because, it is News, and a kind of Rarety, to have a proceeding, in this place, upon Treason: And perhaps, it may be marvelled by some, why after, so long an Intermission, it should light upon this Fellow: Being a person, but contemptible; A kind of venomous 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 King's Death, I hold to be the most perilous; 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 Scholar; But, as a Man, bred, in a Civil Life: And to speak plainly, I hold the Opinion to be such, that deserveth, rather, Detestation, than Contestation. The Fourth Point, is the Degree, of this Man's Offence; which is more presumptuous, than I have known, any other, to have fallen into, in this kind: And hath, a greater Overflow, of Maliced and Treason. And Fifthly, I will remove somewhat, that may seem to qualify, and extenuate, this Man's Offence; in that, he hath not affirmed, simply; That it is lawful to kill the King, but conditionally; that if the King be Excommunicate, it is lawful to kill him; which maketh little Difference, either in Law, or Peril. For the King's Clemency, I have said it, of late, upon a good Occasion; And I still speak it, with comfort: I have now, served his Majesty, Solicitor, and Attorney, eight years, and better: yet, this is the first time, that ever I gave in Evidence, against a Traitor, at this Bar, 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 general Insolency, and presumption, in the Papists, throughout the Land; And yet, I see, his Majesty keepeth Caesar's Rule: Nil malo, quam ●os esse similes sui, & memei. He leaveth them, to be like themselves; And he remaineth, like Himself; And striveth, to overcome Evil, with Goodness. A strange thing, Bloody Opinions, Bloody Doctrines, Bloody Examples, and yet the Government, still, unstained with Blood. 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 Earthquakes, by Murdering of Princes: And, if it were, in case of Contagion; (As this is a Contagion, of the Heart, and Soul;) A Rascal, may bring in a Plague, into the City, as well as a great Man: So it is not the Person, but the Matter, that is to be considered. For the Treason itself, which is the second Point, my Desire is, to open it, in the Depth thereof, if it were possible, But it is bottomless: And so the Civil Law saith: Conjurationes, omnium p●oditionum, odiosissimae, & perniciosissimae. Against Hostile Invasions, and the Adherence of Subjects, to enemy's, 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 Thunderbolts, that strike upon the sudden, hardly to be avoided: 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 perpetual Misery. And therefore, they that have written, of the Privileges of Ambassadors, and of the Amplitude of Safe●Conducts, have defined; That if an Ambassador, or a Man, that cometh in, upon the highest safe-Conducts, do practice, 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 Poison, he is to be justiced: Quia odium est omni Privilegio Majus. Nay, even amongst Enemies, and in the most deadly Wars, yet, nevertheless, Conspiracy, and Assassinate of Princes, hath been accounted villainous, and execrable. The Manners, of Conspiring, and compassing the King's 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 inflameth 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 Conspirators, 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 Courage, sometime faileth in Opportunity, sometimes is touched with Remorse. But to publish, and maintain, that it may be lawful, 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 universal Temptation; Doth enter, at once, into the Hearts of all, that are any way prepared, or of any Predisposition, to be Traitors: 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 Conspiracies, 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 justice, and no Murder; And that their Subjects, are absolved, of their Allegiance; And the Kings themselves, exposed to spoil and Prey. I said before, that I would not argue, the subtlety 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 Doubtful. 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 Style of Pen, or Speech. Therefore in thi● 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 indignation, and Feeling. For this Horrible Opinion, is our Advantage; And it is their Reproach; And will be their Ruin. 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 Policy, and Government. Thirdly, the great Calamity, it bringeth, upon Papists themselves; Of which, the more Moderate sort, as Men misled, are to be pitied. For the First, if a Man doth visit, the foul, and polluted Opinions, Customes● or Practices, of Heathenism, Mahometism, and Heresy, 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 Man's 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 Soldier 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 Custom, among the Heathen, that was most scandalised was, that sometimes the Priest sacrificed Men; But yet, you s●all not read, of any Priesthood, that sacrificed Kings. The Mahometans, make it, a part of their Religion, to propagate their Sect, by the Sword: But yet still, by Honourable Wars never by Villainies, and secret Murders. N●y, I find, that the Saracen Prince of whom, the Name, of the assassins', is derived; which had divers Votaries at Commandment; which he sent, and employed, 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 wounded;) was put down, and rooted out, by common Consent of the Mahometan Princes. The Anabaptists (it is true) come nearest. For they profess, the pulling down of Magistrates; And they can chant, the Psalm; To bind their Kings in Chains, and their Nobles in fetters of Iron. This is, the Glory of the Saints, m●ch like, the Temporal Authority, that the Pope Challengeth over Princes. But this is the difference; That that is a Furious, and Fanatical, 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 Blasphemy towards God. For to say, that all this, is, in ordine ad spirituale; And to a good End; And for the salvation of Souls; It is, directly, to make God, Author of Evil; And to draw him, into the likeness, of the Prince, of Darkness; And to say with those that Saint Paul speaketh of; Let us do Evil, that good may come thereof. Of whom, the Apostle saith definitively; That their damnation is Iust. For the Destroying of Government, universally, it is most evident; That it is not the Case, of Protestant Princes, only, But of Catholic Princes likewise: As the King hath excellently set forth. Nay, it is not the Case of Princes only, 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 Heresy, and Schism, alone, but for Collation, and Investitures, of Bishoprics, and Benefices, Intruding upon Ecclesiastical Possessions, violating of any Ecclesiastical 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 Temporal power, immediately; And others, but in ordine ad spiritude, is but a Delusion, and an Abuse. For all cometh to one. What is there, that may not be made, spiritual, by Consequence? specially, when He, that giveth the Sentence, may make the Case? And accordingly, hath the miserable Experience followed. For this Murdering of Kings, hath been put in practice, 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, until such time, as he had joined, too fast, with the Duke of Anjou, and the Papists. The rest is wanting. The Charge, of Sir Francis Bacon, the King's Attorney General, against M. L. S. W. and H. I. for Scandal, and Traducing, of the King's 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 Scandal, of justice, in a great Cause Capital. The particular Charge is this. The King, amongst many his Princely virtues, is known, to excel, in that proper virtue, of the Imperial Throne, which is justice.. It is a Royal Virtue, which doth employ, the other three Cardinal Virtues, in her Service. Wisdom, to discover, and discern, Nocent, or Innocent: Fortitude, to prosecute, and execute: Temperance, so to carry justice, as it be not passionate, in the pursuit, nor confused, in involving persons, upon light suspicion; Nor precipitate in time. For this his Majesty's Virtue of justice, God hath of late raised an occasion, and erected, as it were, a Stage, or Theatre, much to his Honour, for him to show it, and act it, in the pursuit, of the untimely Death of Sir Thomas Overbury; And therein cleansing the Land from Blood. For, (my Lords) if Blood spilt, Pure, doth cry to Heaven, in God's Ears, much more Blood defiled with Poison. This Great Work, of his Majesty's justice, 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 general Crime of empoisonment; And then, of the particular Circumstances, of this Fact, upon Overbury: And thirdly, and chiefly, of the King's great, and worthy, Care, and Carriage, in this Business. This Offence of empoisonment, 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 Blood: For, as it is, one of the highest Offences● in Guiltiness; So it is, the Basest, of all others, in the Mind of the Offenders. Treasons, Magnum aliquid spectant: They aim at great thinger But this, is vile, and base. I tell your Lordships, what I have noted; That in all God's Book, (both of the Old, and New Testament,) I find Examples, of all other Offences, and Offenders, in the world, but not any one, of an Impoy●onment, or an Impoysoner. I find mention, of Fear, of casual empoisonment, when the Wild Vine, was shred, into the Pot, they came complaining, in a fearful manner; Master; Mors in ollâ. And, I find mention, of Poisons, of Beasts, and Serpents; The Poison of Asps is under their Lips. But I find no Example, in the Book of God, of empoisonment. I have, sometime, thought, of the Words, in the Psalm; Let their Table be made a Snare: Which certainly, is most True of empoisonment: For the Table, the Daily Bread, for which we pray, is turned to a deadly Snare: But I think rather, that that was meant, of the Treachery of Friends, that were participant, of the same Table. But let us go on. It is an Offence, (my Lords,) that hath the two Spurs, of Offending: Spes Perficiendi, and Spes Celandi. It is easily committed, and easily concealed. It is an Offence, that is, Tanquam Sagitta nocte volans; It is the Arrow that flies by Night. It discerns not, whom it hits: For, many times, the Poison is laid for one, and the other takes it: As in Sanders Case, where the Poisoned Apple was laid for the Mother, and was taken up by the Child, and killed the Child. And so, in that notorious case, whereupon the Statute, of 22ᵒ H. 8, Cap. 9º, was made; where the Intent, being to poison, but one, or two; Poison was put, into a little Vessel, of Barm, that stood, in the Kitchen, of the Bishop of Rochester's House; Of which Barm, Pottage, or Gruel, was made, wherewith 17, of the Bishop's Family were Poisoned: Nay, Divers of the Poor, that came to the Bishop's Gate, and had the broken Pottage, in Alms, were likewise Poisoned; And therefore, if any Man, will comfort himself, or think with himself, Here is great Talk of empoisonment, I hope I am safe, For I have no Enemies; Nor, I have nothing, that any Body, should long for; why? that is all one, For he may sit, at Table, by one, for whom Poison is prepared, and have a Drench, of his Cup, or of his Pottage. And so, as the Poet saith; Concidit infelix alieno vulnere; He may die another Man's Death. And therefore, it was most, gravely, and judiciously, and properly, provided by that Statute; That empoisonment should be High Treason; Because, whatsoever Offence, tendeth, to the utter Subversion, and Dissolution, of Human Society, is, in the nature, of High Treason. Lastly, it is an Offence, that I may truly say of it; Non est nostri Generis, nec Sanguinis. It is, (Thanks be to God,) rare, in the Isle of Brittanny: It is neither of our Country, nor of our Church; you may find it, in Rome, or Italy. There is a Region, or perhaps a Religion, for it: And if it should come amongst us, certainly, it were better living in a Wilderness, than in a Court. For the particular Fact, upon Overbury● First for the Person, of Sir Thomas Overbury: I knew the Gentleman. It is true, his Mind was great, but it moved not, in any good Order; yet, certainly, it did, commonly, fly, at good Things. And the greatest Fault, that I ever heard by him, was, that he made, his Friend, his Idol. But I leave him, as Sir Thomas Overbury. But then, take hi●, as he was the King's Prisoner, in the Tower; And then see, how the Case stands. In that place, the State is, as it were, Respondent; to make good, the Body, of a Prisoner: And, if any thing, happen to him there, it may, (though not in this Case, yet in some others,) make an Aspersion, and a Reflection, upon the State itself. For the Person is utterly out of his own Defence; His own Care, and Providence, can serve him nothing. He is in Custody, and Preservation, of Law. And, we have a Maxim, in our Law, (as my Lords, the judges, know,) that when a State is, in preservation of Law, nothing can destroy it, or hurt it. And God forbid, but the like should be, for the Persons of those, that are in Custody, of Law; And therefore, this was a Circumstance, of great Aggravation. Lastly, to have a Man, chased to Death, in such manner, (as it appears now by Matter of Record; For other Privacy, of the Cause, I know not;) By Poison after Poison; first Roseaker, than Arsenic, than Mercury Sublimate, than Sublimate again; It is a Thing, would astonish, Man's Nature, to hear it. The Poets feign, that the Furies had whips, and that they were corded, with Poisonous Snakes; And a Man would think, that this were the very Case; To have a Man, tied to a Post, and to scourge him to Death, with Snakes: For so, may truly be termed, Diversity of poisons. Now, I will come unto that, which is the Principal; That is, his Majesty's Princely, yea, and as I may truly term it, Sacred proceeding, in this Cause. Wherein, I will first Speak, of the Temper of his justice, and then of the Strength thereof. First, it pleased my Lord Chief justice, to let me know; (That, which I heard, with great Comfort;) Which was, the Charge, ●hat his Majesty gave to Himself first; And afterwards, to the Commissioners, in this Case; worthy, certainly, to be written in Letters of Gold; wherein, his Majesty did fore-rank, and make it his prime Direction, that it should be carried, without touch, to any, that was innocent. Nay more, not only without Impeachment, but without Aspersion: which was a most Noble, and Princely Caution, from his Majesty: For men's Reputations, are tender Things; And aught to be, like Christ's Coat, without Seam. And it was, the more to be respected, in this Case, because it met, with two great Persons; A Noble Man, that his Majesty, had favoured, and advanced; And his Lady, being of a Great, and Honourable House: Though, I think it be true, that the Writers say, that there is no pomegranate, so fair, or so sound, but may have a perished Kernel. Nay, I see plainly, that in those excel●lent Papers, of his Majesties, own Hand writing; Being, as so many Beams of justice, issuing from that Virtue, which doth shine in him; I say, I see it was so evenly carried, without prejudiced; (whither it were a true Accusation, of the one part, or a Practice, of a false Accusation on the other;) As showed plainly, that his Majesties, Judgement, was tanquam Tabula Rasa, as a clean pair of Tables; And his Ear, tanquam janua aperta; As a Gate, not side open, but wide open, to Truth, as it should be, by little and little, discovered. Nay I see plainly, that at the first, (till further Light did break forth,) his Majesty, was little moved, with the First Tale; which he vouchsafeth not so much, as the Name of a Tale; But calleth it a Rumour, which is an Headless Tale. As for the Strength, or Resolution, of his Majesty's justice, I must tell your Lordships plainly. I do not marvel, to see Kings, thunder out justice, in Cases of Treason, when they are touched Themselves; And that, they are Vindices Doloris Proprij: But that a King, should, pro Amore justitiae, only; Contrary to the Tide of his own Affection, for the preservation of his People, take such Care● of a Cause of justice; That is rare, and worthy, to be celebrated, far, and near● For, I think, I may truly affirm, that there was never, in this Kingdom, nor in any other Kingdom, the Blood of a private Gentleman, vindicated, Cum tanto Mo●u Regni; or to say better, Cum tanto Plausu Regni. If it had concerned, the King, or Prince, there could not have been, Greater, nor Better, Commissioners, to examine it. The Term, ●ath been, almost, turned, into a justitium, or Vacancy: The People themselves, being more willing, to be Looker's on, in this Business, then to follow their own. There hath been, no Care of Discovery omitted, no Moment of Time lost. And therefore, I will conclude this Part, with the Saying of Solomon; Gloria Dei celare rem, & gloria Regis Scrutari rem. And his Majesty's Honour, is much the greater, for that, he hath showed, to the World, in this Business, as it hath Relation to my Lord of Somerset; (whose Case, in no sort I do prejudge, being ignorant of the Secrets, of the Cause, but taking him, as the Law takes him, hitherto, for a Suspect;) I say, the King hath, to his great Honour, showed; That were any Man, in such a Case of Blood, as the Signet upon his Right Hand, (as the Scripture says,) yet would He put him off. Now will I come, to the particular Charge, of these Gentlemen, whose Qualities, and Persons, I respect, and love: For they are all my particular Friends: But now, I can only do, this Duty, of a Friend, to them, to make them know, their Fault to the full. And therefore first, I will, by way of Narrative, declare to your Lordships, the Fact, with the occasion of it; Then you shall have their Confessions read, upon which you are to proceed; Together, with some Collateral Testimonies, by way of Aggravation: And lastly, I will note, and observe to your Lordships, the Material points, which I do insist upon, for their Charge; And so leave them to their Answer. And this I will do, very briefly, for the Case is not perplexed. That wretched Man Weston, who was the Actor, or Mechanical Party, in this empoisonment, at the first day, being indicted, by a very substantial jury, of Selected Citizens, to the number of 19 who found ●illa vera; yet nevertheless, at the first, stood mute. But, after some day's Intermission, it pleased God, to cast out the Dumb Devil; And that he did put himself, upon his Trial; And was, by a Jury also, of great Value, upon his Confession, and other Testimonies, found guilty. So as 31. sufficient jurours, have passed upon him; whereupon Judgement, and Execution, was awarded against him. After this, being in preparation for another World, he sent for Sr. Thomas Overbury's Father, and falling down upon his knees, with great Remorse, and Compunction, asked him forgiveness. Afterwards, again, of his own Motion, desired, to have his like prayer of forgivenesse● recommended to his Mother, who was absent. And at bo●h times, out of the abundance of his Heart, Confessed that he was to die justly, and that he was worthy of De●th. And after again, at his Execution (which is a kind, of sealing t●me, of Confessions) ev●n at the point of Death; (Although there were Tempter's about him, as you shall hear by and by) yet he did again, confirm publicly, that his Examinations we●e ●rue; And that, he had been, justly, and honourably, dealt with. Here is the Narrative, which enduceth the Charge. The Cha●ge itself is this. M. L. Whose Offence stands alone single, (the Offence of the other two, being in consort; And yet, all three, meetings in their End, and Centre, which was to interrupt, or deface, this Excellent piece of justice) M. L. (I say) mean while, between weston's standing mute, and his Trial; Takes upon him, to m●ke a most False, Odious, and Libellous, Relation; Containing, as many Untruths, as Lines; And sets it down, in writing, with his own Hand; And delivers it, to Mr. Henry Gibb, of the Bedchamber, to be put into the King's Hand. In which writing, he doth falsify, and pervert, all that was done, the first day, at the Arraignment of Weston; Turning the Pike, and Point, of his Imputations, principally, upon my Lord Chief justice of England. Whose Name, (thus occurring) I cannot pass by, And yet, I can, not skill to flatter. But this I will say of him, and I would say as much to Ages, if I should write a Story: That never Man's Person, and his place, were better met, in a Business, than my Lord Cook, and my Lord Chief justice, in the Cause of Overbury. Now, My Lords, in this Offence, of M. L; For the particulars, of these slanderous Articles, I will observe them unto you, when the Writings, and Examinations, are read, For, I do not love, to set the Gloss, before the Text. But, in general●, I no●e to your Lordships; First the Person of M. L. I know, he is a Scottish Gentleman, and thereby, more ignorant, of our Laws, and Forms. But, I cannot tell, whither this doth extenuate his Fault, in respect of Ignorance; Or aggravate it much, in respect of Presumptiou; That he would meddle in that, that he understood not: But I doubt, it came not out, of his Quiver; Some other Man's Cunning wrought upon this Man's Boldness. Secondly, I may note unto you, the Greatness of the Cause; Wherein, he being a private mean Gentleman, did presume to deal. M. L could not but know, to what great, and grave Commissioners, the King had committed this Cause: And that, his Majesty, in his Wisdom, would expect, return of all things, from them, to whose trust he had committed this Business. For it is the part of Commissioners, as well to report the Business, as to manage the Business; And than his Majesty, might have been sure, to have had, all things, well weighed, and truly informed: And therefore, it should have been far from M. L. to have presumed, to have put f●rth his Hand, to so high, and tender a Business; which was not to be touched, but by Employed Hands. Thirdly, I note to your Lordships, that this Infusion, of a Slander, into a King's Ear, is, of all Forms of Libels, and Slanders, the worst. It is true, that King● may keep secret their Informations, and then no Man ought to inquire after them, while they are shrined in their Breast. But where a King is pleased, that a Man shall answer, for his false Information; There, I say, the false Information, to a King; ●xceeds in Offence, the false Information, of any other kind; Being a kind (since we are in matter of Poison,) of empoisonment, of a Kings Ear. And thus much, for the Offence, of M. L. For the Offence, of S. W. and H. I. which I said was in consort, it was shortly this. At the ●ime, and Place, of the Execution of Weston; To supplant his Christian Resolution, and to Scandal●ze●he ●he justice, already past; & perhaps, to cut off the thread of th●t● which is to come; These Gentlemen, with others, came mounted on Horseback; And in a Ruffling, and Facing manner, put themselves forward to re-examine Weston, upon Questions; And what Questions? Directly, cross to that, that had been tried, and judged: For what was the point tried? That Weston had poisoned Overbury: What was S. W. Question; Whether Weston, did poison Ov●rbury or no? A Contradictory directly: Weston answered only, that he did him wrong: And turning to the Sheriff, said; You promised me, I should not be troubled, at this time. Nevertheless, He pressed him to answer; saying; He desired to know it, that he might pray with him. I know not that S. W. is an Ecclesiastic, that he should cut any Man, from Communion of Prayer: And yet, for all this vexing, of the Spirit, of a poor Man, now in the Gates of Death; Weston, nevertheless, stood constant, and said; I die not unworthily: My Lord Chief justice, hath my mind, under my hand, and he is an Honourable and just judge. This is S. W. his Offence. For H. I. he was not so much a Questionist; but wrought upon the others Questions; And like a kind of Confessor, wished him to discharge his Conscience, and to satisfy the World. What World I marvel? It was sure the World at Tyburn: For the World at Guild-Hall, and the World at London was satisfied before; Teste the Bells that rang: But men have a got fashion, now a days, that two or three busy Bodies, will take upon them the Name of the World; And broach their own Conceits, as if it were, a general Opinion: Well, what more? When they could not work upon Weston, than H.I. in an Indignation, turned abont his Horse, (when the other, was turning over the Ladder;) And said, he was sorry of such a Conclusion: That was, to have the State, honoured, or justified; But others took, and reported his words, in another degree: But that I leave, seing it is not Confessed. H. I. his Offence, had another Appendix, before this, in time; which was, that, at the day, of the Verdict given up, by the jury, He also, would needs give his Verdict; Saying openly that if he were of the jury, he would doubt what to do. Marry (he saith,) he cannot tell well, whether he spoke this, before the Jury, had given up the Verdict, or after; Wherein there is little gained. For whether, H. I. were a Pre-Jurour, or a Post-Jurour; The one was as to prejudge the jury, the other, as to taint them. Of the Offence, of these two Gentlemen, in general, your Lordships must give me leave, to say, that it is an Offence, greater, and more dangerous, then is conceived. I know well, that as we have no Spanish Inquisitions, nor justice in a Corner; So we have, no Gagging, of men's Mouths, at their Death; But that they may speak freely, at the last Hour; But then, it must come, from the free Motion, of the Party, not by Temptation of Questions. The Questions, that are to be asked, aught to tend, to further Revealing, of their own, or others Guiltiness; But to use, a Question, in the Nature, of a false Interrogatory, to falsify that, which is Res judicata, is intolerable. For that were, to erect a Court, or Commission, of Review, at Tyburn, against the King's Bench, at Westminster. And besides, it is a Thing, vain, and idle: For if they an●swer, according to the judgement past, it adds no Credit; Nor if it be contrary, it derogateth nothing. But yet, it subjecteth, the Majesty of justice, to popular, and vulgar Talk, and opinion. My Lords, these are great, and dangerous, Offences; For if we do not maintain justice, justice will not maintain us. But now, your Lordships shall hear, the Examinations themselves; upon which, I shall have occasion, to note, some particular Things, etc. The Effect of that, which was spoken, by the Lord Keeper, of the Great Seal of England, at the taking, of his place, in Chancery; In performance of the Charge, his Majesty had given him, when he received the Seal, 1617. BEfore I enter, into the Business, of the Court, I shall take advantage, of so many Honourable witnesses, to publish, and make known, summarily, what charge the Kings most excellent Majesty, gave me, when I received the Seal; And what Orders, and Resolutions, myself have taken, in Conformity, to that charge; That the King may have, the Honour of Direction; And I the part of Obedience: Whereby, Your Lordships, and the Rest, of the Presence, shall see, the whole Time, of my sitting in the Chancery● (which may be, longer, or shorter, as please God, and the King;) contracted into one Hour. And this I do, for three Causes. First, to give Account, to the King, of his Commandment. Secondly, that I may be a Guard, and Custody, to myself, and mine own Doings; That I do not swerve, or recede, from any Thing, that I have professed, in so Noble Company. And thirdly, that all men, that have to do, with the Chancery, or the Seal, may know, what they shall expect; And both set their Hearts, and my Ears, at rest; Not moving me, to any Thing, against these Rules: Knowing, that my Answer, is now turned, from a Nolumus, into a Non possumus. It is no more, I will not; But, I cannot; After this Declaration. And this, I do also, under three Cautions. The first is, that there be some Things, of a more Secret, and Counsel like, Nature, which are rather, to be Acted, then Published. But these Things, which I shall speak of, to day, are of a more public Nature. The second is, that I will not trouble this Presence, with every Particular; which would be too long; But select, those Things, which are of greatest efficacy, and conduce most, ad summas Rerum: Leaving ma●y other Particulars, to be set down, in a Public Table; According, to the good Example, of my last Predecessor, in his Beginning. And lastly, that these Imperatives, which I have made, but to myself, and my Times, be without prejudice, to the Authority of the Court, or Wiser Men, that may succeed me: And chiefly, that they are wholly submitted, unto the great Wisdom, of my Soveraign● (The absolutest Prince, in judicature, that hath been, in the Christian World:) For if any of these Things, which I intent, to be Subordinate, to his Directions, shall be thought by his Majesty, to be Inordinate, I shall be, most ready, to reform them. These things, are but, tanquam Alb●m Praetoris; For so did the Roman Praetors; (which have the greatest Affinity, with the jurisdiction, of the Chancellor here;) who used to set down, at their Entrance, how they would use their jurisdiction. And this I shall do, (my Lords,) in verbis Masculis; No flourishing, or Painted, Words, but such, as are fit, to go before Deeds. The King's Charge, which is my Lantern, rested upon four Heads. THe first was, that I should contain, the jurisdiction of the Court, within his true, and due, Limits, without Swelling, or Excess. The second, that I should think, the putting, of the Great Seal to Letters Patents, was not a Matter of Course after precedent Warrants; But that I should take it to be, the Maturity, and Fullness, of the King's Intentions: And therefore, that it was one, of the greatest Parts, of my Trust, if I saw, any Scruple, or Cause of stay, that I should acquaint him; Concluding with a, Quod dubites, ne feceris. The third was, that I should retrench, all unnecessary delays; That the Subject might find, that he did enjoy, that same Remedy, against the Fainting of the Seal, and against the Consumption of the Means, and estate; which was speedy justice.. Bis dat, qui citò dat. The fourth was, that justice might pass, with as easy charge, as might be: And that those same Brambles, that grow about justice, of needless Charge, and Expense; And all manner, of Exactions, might be rooted out, so far as might be. These Commandments, (my Lords,) are Righteous; And, (as I may term them,) Sacred; And therefore, to use a Sacred Form: I pray God, bless the King, for his great care, over the justice of the Land; And give me, his poor Servant, Grace, and Power, to observe his Precepts. Now for a Beginning towards it, I have set down, and applied, particular Orders, to every one of these four General Heads. For the Excess, or Tumour, of this Court of Chancery, I shall divide it, into five Natures. The first is, when the Court, doth embrace, or retain, Causes, both in Matter, and Circumstance, merely Determinable, and Fit, for the Common Law. For, (my Lords,) the Chancery, is ordained, to supply the Law, and not to subvert the Law. Now to describe unto you, or delineate, what those Causes are, (and upon what differences,) that are fit for the Court, were too long a Lecture. But I will tell you, what Remedy, I have prepared. I will keep the Keys of the Court, myself, and I will never refer, any Demurrer, or Plea, (tending to discharge, or dismiss the Court, of the Cause,) to any Mr. of the Chancery; But judge o● it● myself, or, at least, the Mr. of the Rolls. Nay further, I will appoint regularly, that on the Tuesday, in every week; (which is the Day of Orders,) first to hear all Motions, of that Nature, before any other; That the Subject, may have his Vale, at first, without further attending; And that the Court, do not keep, and accumulate, a Miscellany, and Confusion, of Causes, of all Natures. The s●cond Point, concerneth the time of the Complaint; And the late Comers into the Chancery: which stay, till a judgement be passed against them, at the Common Law, and then complain: Wherein your Lordships, may have heard, a great Rattle, and a Noise, of a Praemunire, and I cannot tell what. But that Question the King hath settled, according to the ancient precedents, in all times continued. And this I will say, that the Opinion, not to relieve any Case, af●er judgement would be a guilty Opinion: Guilty, of the Ruin, and Naufrage, and perishing, of infinite Subjects: And as the King found it well out; why should a Man fly, into the Chancery, before he be Hurt? The whole need not the Physician, but the sick. But (My Lords,) the Power would be preserved, but then, the Practice would be moderate. My Rule, shall be, therefore, that in Case of Complaints, after judgement; (except the judgements be upon Nihil dicit, which are but Disguises of ●udgement; Obtained, in Contempt, of a preceding Order, of this Court;) yea, and after Verdicts also, I will have the Party Complainant, enter into good Bo●d, to prove his Suggestion: So that if he will be relieved, against a judgement, at Common Law, upon Matter of Equity; He shall do it, Tanquam in Vinculis, at his Peril. The Third Point of Excess, may be, the over Frequent, and Facile Granting of Injunctions for the staying of the Common Laws; Or the Altering Possessions; wherein these shall be my Rules. I will grant no Injunction, mereely, upon, Priority of suit: That is to say; Because this Court, was first possessed: A Thing, that was well reform in the late Lord Chancellers time, but used in chancellor Broomeleyes' time; Insomuch, as I remember, that Mr. Dalton, the Councillor at Law, put a Pasquil upon the Co●rt, in Nature of a Bill; For seeing it was no more, but, My Lord, the Bill came in on Monday, and the Arrest at Common Law, was on Tuesday; I pray the Injunction, upon Priority of Suit; He caused his Client, that had a Loose Debte●, to put a Bill into the Chancery, b●for● the Bond, due to him, was forfeited, to desire an Order, that he might have his Money, at the Day; Because he would be sure, to be before the other. I do not mean to make it, a Matter of an Horse-Race, or Posting, who shall be first, in Chancery, or in Courts of Law. Neither will I grant an Injunction, upon Mat●er, contained, in the Bill only, be it never so smooth, and Specious: But upon Matter confessed, in the Defendants Answer; Or Matter pregnant in Writing, or of Record; Or upon Contempt, of the Defendant, in not Appearing, or not Answering, or Trifling, with the Court by insufficient Answering. For then, it may be thought, the Defendant stands out, upon purpose, to get the start, at the Common Law; And so, take Advantage of his own Contempt, which may not be suffered. As for Injunctions for possession, I shall maintain possessions, as they were, at the time, of the Bill, exhibited; And for the space, of a year before: Except the possession, were gotten by Force, or by any Trick. Neither will I alter Possession, upon Interlocutory Orders, until a Decree: Except, upon Matter, plainly confessed, in the Defendants Answer, joined, with a plain Disability, and Insolvency of the Defendants to answer the Profits. As for taking the Possession away, in respect of Contempts, I will have all the proceedings of the Court, spent first, and a Sequestration of the Profits, before I come to an Injunction. The Fourth Part of Excess, is, concerning the Communicating of the Authority, of the chancellor too far; And making, up●n the matter, too many Chancellors, by relying too much, upon Reports of the Masters of the Chancery, as concludent. I know, my Lords, the Masters of the Chancery, are Reverend Men; And the great Mass, of Business, of the Court, cannot be sped, without them; And it is a Thing, the chancellor may soon fall into, for his own Ease, to rely too much upon them. But the Course, that I will take, generally, shall be this: That I will make no Binding Order, upon any report of the Masters, without giving a seven night's day, at the least, to show cause, against the Report; (which nevertheless, I will have done modestly, & with due reverence, towards them:) And again, I must utterly discontinue, the Making, of an hypothetical, or Conditional Order; That if a Master of the Chancery, do certify thus, that then it is Ordered, without further Motion: For that is a Surprise, and gives no time, for Contradiction. The last Point of Excess, is: If a chancellor, shall be so much of himself, as he should neglect, Assistance of Reverend judges, in Cases of Difficulty, (especially if they touch upon Law:) or Calling them, shall do it, but Pro formâ tantùm, and give no due respect, to their Opinions: Wherein, (my Lords) preserving the Dignity, and Majesty, of the Court; (which I count, rather increased, then diminished, by grave, and due Assistance) I shall never be found so Sovereign, or abundant, in mine own sense, but I shall both desire, and make true use, of Assistants. Nay I assure, your Lordships, if I should find, any main Diversity of Opinion, of my Assistants, from mine own; Though I know well the judicature, wholly resides in myself; yet, I think, I should have Recourse, to the Oracle of the Kings own Judgement, before I should pronounce. And so much, for the temperate use, of the Authority, of this Court; wherein, the Health of the Court, doth much consist, As that of the Body, consists in Temperance. For the Second Commandment of his Majesty, touching staying of Grants, at the Great Seal: There may be just Cause of Stay: Either, in the Matter of the Grant: Or, in the Manner of p●ssing the same. Out of both which, I extract, these 6. principal Cases, which I will now make known. All which, nevertheless, I understand, to be wholly submitted, to his Majesty's Will, and Pleasure, after by me, he shall have been informed? For if Iteratum Mandatum do come, Obedience is better than sacrifice. The First Case is, where any Matter of Revenue, or Treasure, or Profit, passeth from his Majesty; My First Duty shall be, to examine, whether the Grant, hath passed, in the due, and natural Course, by the Great Officers of the Revenue; (The Lord Treasurer, and chancellor of the Exchequer;) And with their privity: which if I find it not to be, I must presume it, to have passed, in the dark, and by a kind of surreption; And will make stay of it, till his Majesty's pleasure, be further known. Secondly, if it be a Grant, that is not merely vulgar, And hath not, of Course, passed at the Signet, by a Fac Simile; But needeth Science, my Duty shall be, to examine, whether it hath passed, by the Learned Counsel; and had their Dockets: which is that, which his Majesty reads, and that leads him. And if I find it otherwise, (although the Matter, were not, in itself inconvenient) yet I hold it, Just Cause of Stay, (for Precedents sake,) to keep Men, in the right way. Thirdly, if it be a Grant, which I conceive, (out of my little knowledge) to be against the Law; Of which nature, Theodosius was wont to say, when he was pressed; I said it, but I granted it not, if it be unlawful: I will call the learned Counsel to it; (As well him, that drew the Book, as the Rest) or some of them; And if we find cause, I will inform his Majesty, of our Opinion, either by myself, or some of them. For as for the judges, they are judges of Grants past, but not of Grants to come, except the King call them. Fourthly, if the Grants be against the King's Book, of Bounty; I am expressly Commanded, to stay them; until the King, either Revise his Book in General, or give Direction in the particular. Fiftly, if as a Counsellor of Estate, I do foresee inconvenience, to ensue by the Grant, in reason of Estate, in respect of the King's Honour, Or Discontent, or Murmur of the People; I will not trust mine own Judgement, but I will either acquaint his Majesty with it, or the Cou●sell Table, or some such of my Lords as I shall think fit. Lastly, for Matter of Pardons; If it be of Treason, Misprision of Treason, Murder, either expressed, or involute, by a non Obstante; Or of a Piracy, or Praemunire, or of Fines, Or Exemplary punishment, in Star-Chamber; Or of some other natures; I shall, by the grace of God stay them, until his Majesty, (who is the Fountain of Grace) may resolve, between God, and him, (understanding the Case,) how far Grace shall abound, or superabound. And if it be of Persons, attainted, and Convicted, of Robbery, Burglary● etc. Then will I examine, whether the Pardons, pas●ed the Hand, of any Justice of Assize; Or other Commissioners, before whom the Trial was made; And if not, I think it my duty, also, to stay them. Thus your Lordships see, in this Matter of the Seal, agreeable to the Commandment, I have received, I mean to walk in the Light; So that Men, may know, where to find me; And this publishing, thereof, plainly, I hope, will save the King, from a great deal of Abuse; And Me from a great deal of Envy; When Men shall see that no particular Turn, or end, leads me, but a General Rule. For the Third General Head, of his Majesty's Precepts, concerning Speedy justice, I am resolved, that my Decree, shall come speedily, (if not instantly) after the Hearing; And my signed Decree pronounced. For it hath been a Manner, much used of late in my last Lord's time (o● whom, I learn much to Imitate; and with due reverence, to his memory, let me speak it, Much to avoid;) That upon the Solemn, & Full, Hearing, of a Cause, nothing is pronounced in Court; But Breviates, are required to be made: Which I do not dislike, in itself, in Causes perplexed. For I confess, I have somewhat of the Cunctative; And I am of Opinion, that whosoever is not wiser, upon Advice, then upon the sudden; The same Man, is no wiser at 50. years old, than he was at 30. And it was my Father's ordinary Word; You must give me time. But yet I find, that when such Breviates were taken, the Cause was, sometimes, forgotten, a Term or two; And then set down, for a New hearing, or a Rehearing, three or four Terms after. Of which kind, of Intermission, I see no Use; And therefore I will promise, regularly, to pronounce my Decree, within few days, after my Hearing; And to sign my Decree, at least, in the Vacation, after the pronouncing. For fresh justice, is the sweetest. And besides justice ought not to be delayed; And it will also avoid, all Meanes-making, or Labouring; For there ought to be, no Labouring in Causes, but the Labouring of the Counsel, at the Barr. Again, because justice is a Sacred Thing; And the end, for which I am called, to this place; And therefore is my way to Heaven; (And if it be shorter, it is never a whit the worse,) I shall by the grace of God, (as far as God will give me strength) add the Afternoon, to the Forenoon; And some Fourth night, of the Vacation, to the Term; For the expediting, and clearing, of the Causes, of the Court: Only, the depth of the Three long Vacations, I would reserve, in some measure, free, for Business of Estate; And for Studies of Arts and Sciences, to which, in my Nature, I am most inclined. There is another Point, of true Expedition, which resteth much in Myself; And that is, in the Manner of giving Orders. For I have seen, an Affectation of Dispatch, turn utterly to Delay, and Length: For the manner of it, is, to take the Tale, out of the Counsellor, at Bar, his Mouth, and to give a Cursory Order; nothing tending, or conducing, to the end, of the Business. It makes me remember, what I heard one say, of a Judge, that sa●e in the Chancery; That he would make, 80. Orders, in a Morning, out of the way; And it was out of the way, indeed; For it was nothing, to the End of the Business; And this is that, which makes 60, 80, 100 Order, in a Cause, too and fro, begetting one another; and like, Penelope's 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 soon bring the Subject to the End of his journey. As for such Delays, as may concern O●hers; the great Abuse is, that if the Plaintiff have got an Injunction, to stay suits at Common Law, than 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 only 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 Matter of Expedition. Now for the fourth, and last Point, of the King's Commandment; 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 chancellor, for the immoderate, and needle's prolixity, and length of Bills, and Answers, and so forth; As well in punishing the party, as fining the Counsel, whose hand I shall find, at such Bills, Answers, etc. Secondly, for all the Examinations, taken in the Court, I do give charge, unto the Examiner's, (upon peril 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 Country; But that is almost impossible. Thirdly, I shall take a diligent Survey, of the Ceppies in Chancery; That they have their just number of Lines, and without open, or wasteful, writing. Fourthly, I shall be careful, that there be no Exaction, of any new Fees, but according, as they have been, heretofore, set, and Tabled. As for Lawyer's 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 Bar, 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 Counsel, and Favourites, (as they call them: A Term, fitter for Kings, than judges;) And that, for every Order, that a mean Lawyer might dispatch, and as well. Therefore, to help the Generality of Lawy●rs; And therein, to ease the Client; I will, constantly, observe, that every Tuesday, and other Days of Orders, after nine a Clock strucken, I will hear the Bar, until 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 King's servants, in great place, that are Lawyers by Descent: Mr. Attorney, Son of a judge; Mr. Solicitor, likewise, Son of a judge: And myself, 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 judges Sonn, before a Sergeant, And any Sergeants Sonn, before a Reader. Lastly, for the better Ease, of the Subjects; And the Bridling of contentious Suits, 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 o●her, to day, but such, as have a proper Relation, to his Majesty's Commandment: It being my Comfort, that I serve such a Master, that I shall need to be but a Conduit, for the conveying only, of his Goodness, to his People. And it is true, that I do affect, and aspire, to make good that Saying; That Optimu● Magistratus praestat optimae Legi; which is true in his Majesty. But for myself, I doubt, I shall not attain it. But yet, I have, a Domestical Example, to follow. My Lords, I have no more to say, but now, I will go on, to the Business, 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 judges, and justices; Hath made the Speech of his chancellor, 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 judge, and justice: Which showeth, that as his Majesty, is excellently able, to Govern, in chief; So, he is likewise well seen, and skilful, in the inferior Offices, and Stages, of Justice, and Government: which is a Thing, very rare in Kings. Yet, nevertheless, somewhat must be said, to fulfil an old Observance; But yet, upon the King's Grounds, and very briefly: For as Solomon saith, in another Case; In these things, who is he, that can come, after the King. First, you that are the judges of Circuits, are, as it were, the Planets of the Kingdom; (I do you no Dishonour, in giving you that name;) And, no doubt, you have a great stroke, in the Frame, of this Government; As the other have, in the great Frame, of the World. Do therefore, as they do; Move always and be carried, with the Motion of your first Mover, which is your Sovereign. A popular judge 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 Country: You are, above them, in Power, but your Rank is not much unequal: And learn this; That Power, is ever of greatest strength, when it is civilly carried. Secondly, you must remember, that besides your ordinary Administration, of justice, you do carry the two Glasses, or, Mirrors, 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 says, in 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 jurisdiction; That every Subject, should submit himself, to the Law. And of this, you have had, of l●te, no small Occasion of Notice, and Remembrance, by the great, and straight Charge, that the King ha●h given me, as Keeper of his Seal, for the Governing of the Chancery, without Tumour, or Excess. Again, è re natae, you, at this present, aught to make the People know, and consider, ●he King's Bl●ssed Care, and Providence, in governing this Realm, in his Absence. So th●t, sitting at the Helm, of another Kingdom; N●t without great 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 Counsel and I, do much admire, the Extension, and Latitude of his Care, in all Things. In the High Commission, he did conceive, a Sinn●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 Pirates, he hath been careful, and is, and hath put things, in way. All things that concern the Reformation, or the Plantation, of Ireland; He hath given, in them, punctual, and resolute, Directions. All this in Absence. I give but a few Instances, of a public Nature; The Secrets of Counsel, 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 Kingdoms; For I see, he could suffice, to all. As for the other Glass, I told you of; Of representing to the King, the Griefs, of his People; without doubt, it is properly your Part: For the King, aught to be informed, of any thing, amiss in the state, of his Countries, from the Observations, and Relations, of the judges; (That, indeed, know the Pulse of the Country;) Rather then from Discourse. But for this Glass, (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, always, like the fairest Crystals; wherein, every little Icicle, 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 ●hey are like the Roots of Nettles, which themselves sting not, but yet ●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 principal place, I recommend, both to you, and the justices, the Countenancing, of Godly, and Zealous, Preachers. I mean, not Sectaries, or novelists; But those, which are sound, and conform; But yet pious, and Reverend. For there will be a perpetual Defection, except you keep Men in, by Preaching, as well as Law doth, by punishing: And commonly, Spiritual Diseases, are not Cured, but by Spiritual Remedies. Next, let me commend unto you, the Repressing, (as much as may be,) of Faction in the Countries; 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 Mild one, but an effectual, and an apt one;) For he saith, Eos qui otium perturbant, reddam otiosoes. 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 King's Book; And study yourselves, how you profit by it; And all shall be well. And you, the justices 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 immediate Directors; And by sorting you, and your service, with the Service of Ambassadors, and of his nearest Attendants. Nay more, it seems his Majesty, is willing to do, the state of justice 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 Kingdom. And therefore, you are not fit to be Copies, 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 JONES, THe King's 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 Sergeant, at Law; But not to stay there, but being so qualified, to serve him, as his Chief justice, of his King's Bench, in his Realm of Ireland. And therefore, that which I shall say to you, must be applied, not to your S●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 Business, of Causes, of the Court, I will lead you the short journey 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 james Lea: The Quickness, Industry, and Dispatch, of Sir Humphrey Winch: The Care, and Affection, to the Commonwealth, and the Prudent, and Politic Administration, of Sir john Denham; And you shall need no other Lessons. They were all Lincoln's 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 justice, but a Counsellor of Estate, I will put you in mind, of the great Work, now in hand; that you may raise your thoughts, 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, Customs, to Humanity, and Civility. This is the Kings Work in chief. It is his Garland, of Heroical Virtue, 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 bless this Kingdom with Peace, and Justice; No Usurer, is so sure, in seven years' space, to double his Principal 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 Pool; Is like now to become, almost a Garden; And younger Sister, to Great Britain. And therefore, you must set down with yourself, to be, not only a just Governer, and a good Chief justice (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 special 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 Undertakers, or Planters, make such haste, to a little Mechanical present profit, as disturbeth the whole Frame, and nobleness 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 careful, of the King's Revenue; And by little and little, constitute him, a good Demeasn, if it may be; Which hitherto is little, or none. For the King's Case is hard, when every Man's 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 Temperance, and Equality) in Matters of Religion; lest Ireland Civil, become more dangerous to us, than Ireland Savage. So God give you Comfort of your Place. After Sir William jones 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, ordained of God, to do great Good, to that Kingdom. And this, I think good, to say to you; That the true Temper, of a Chief justice, towards a Deputy, is; Neither servilly to second him, nor factiously to oppose him. The Lord Keeper's Speech, in the Exchequer; to Sir John Denham; when he was called to be one of the Barons of the Exchequer. SIR john Denham; the King, of his grace, and favour, hath made choice of you, to be one of the Barons, of the Exchequer; To succeed, to one of the gravest, and most Reverend judges, of this Kingdom; 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 showed yourself a good judge between party and party; so you have showed yourself a good Administer, of the Revenue; Both when you were Chief Baron; And since as Counsellor of Estate, there in Ireland; where the Counsel (as you know) doth in great part, manage, and message, the Revenue. 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 remembered. First therefore, above all, you ought to maintain, the King's Prerogative, And to set down with yourself that the King's Prerogative, and the Law, are not two Things; But the King's Prerogative is Law; And the Principal Part of the Law: The Firstborn, 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 yourself, diligently, with the Revenue; And also with the Ancient Records, and Precedents, 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 Wit; As that, the King's 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 Precedents, that grounded, the judgement, of that Cause: And therefore, I would have you, both guide, and arm, yourself with them, against these Vapours, and Fumes, of Law; which are extracted, out of men's 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 manage the King's justice, 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 than the Exchequer is Sick: And when there is, Much Benefit to the King, with less Trouble, and vexation, to the Subject, than the Exchequer is sound: As for Example; If there shall be much Racking, for the King's 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 King's 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 falls within that, which I term, the sick Estate of the Exchequer. And this is that, which makes every Man ready, with their Undertake, and their Projects, to disturb, the ancient Frame of the Exchequer; (Then the which, I am persuaded, there is not a better;) This being the Burden of the Song; That much goeth out of the Subjects Purse; And little cometh, to the King's Purse. Therefore, give them not, that Advantage, so to say. Sure I am, that besides your own Associates, the Barons; you serve, with two superior, 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 Lordship's Speech, in the Common Pleas, to Justice Hutton, when he was called, to be one of the Judges, of the Common Pleas. Mr. Sergeant Hutton; THe King's most Excellent Majesty, being duly informed, of your Learning, Integrity, Discretion, Experience, Means, and Reputation in your Country; Hath thought fit not to leave you these Talents, to be employed upon yourself only; But to call you, to serve Himself, and his People, in the place, of one of his justices, of the Court, o● Common Pleas. This Court, where you are to serve, is the Local Centre, and Heart, of the Laws, of this Realm: Here the Subject hath his assurance, By Fines, and Recoveries: Here he hath his Fixed, and Invariable, Remedies by Precipes, and Writs of Right: Here justice opens not, by a By-gate of Privilege, but by the great Gate of the King's original Writs, out of the Chancery. Here issues Process of Utlawry; If men will not answer Law, in this Centre of Law, they shall be cast out. And therefore, it is proper for you, by all means, with your Wisdom, and Fortitude, to maintain, the Laws of the Realm: Wherein, nevertheless, I would not have you Headstrong, but Heart-strong; And to weigh, and remember, with yourself, that the 12. judges, of the Realm, are, as the 12. Lions, under Salomon's Throne; They must show their Stoutness, in Elevating, and Bearing up the Throne. To represent unto you, the Lines, and Portraitures, of a Good judge. The 1. is, That you should draw your Learning, out of your Books, not out of your Brain. 2. That you, should mix well, the Freedom, of your own Opinion, with the Reverence, of the Opinion, of your Fellows. 3. That you should continue, the Studying of your Books, and not to spend on, upon the old Stock. 4. That you should fear no Man's Face; And yet, not turn Stoutness, into Bravery. 5. That you should be truly Impartial, and not so, as Men may see Affection, through fine Carriage. 6. That you be a Light, to jurours, to open their Eyes; But not a Guide, to Led them, by the Noses. 7. That you affect not, the Opinion, of Pregnancy, and Expedition, by an impatient, and Catching, Hearing, of the Counselors at the Bar. 8. That your Speech, be with Gravity, as one of the Sages of the Law; And not Talkative, nor with impertinent Flying out, to show Learning. 9 That your Hands, and the Hands of your Hands; (I mean, those about you,) Be Clean, and Uncorrupt, from Gifts; From Meddling in Titles; And from Serving of Turns; Be they, of Great Ones, or Small Ones. 10. That you contain, the jurisdiction of the Court, within the ancient Meere-stones, without Removing the Mark. 11. Lastly, that you carry such a Hand, over your Ministers, and Clarks, as that they may rather be in awe of you, then presume upon you. These, and the like Points, of the Duty, of a judge, I forbear to enlarge; For the longer, I have lived with you, the shorter shall my speech be to you; Knowing, that you come so Furnished, and Prepared, with these Good Virtues, as whatsoever I shall say, cannot be New unto you. And therefore, I will say no more unto you, at this time, but deliver you your Patent. His Lordship's Speech, in the Parliament, being Lord chancellor, To the Speakers Excuse. Mr. Serjeant Richardson; THe King hath heard, and observed, your grave, and decent, Speech; Tending, to the Excuse, and Disablement, of yourself, for the place of Speaker. In answer whereof, his Majesty, hath commanded me, to say to you; That he doth, in no sort, admit of the same. First, because, if the Parties own judgement, should be admitted, in case of Elections, Touching himself, it would follow, that the most confident, and overweening, Persons, would be received; And the most considerate Men, and those that understand themselves best, should be rejected. Secondly, his Majesty, doth so much rely, upon the Wisdoms, and Discretions, of those, of the House of Commons, that have chosen you, with an unanimous consent, that his Majesty thinks not good, to swerve, from their Opinion, in that, wherein themselves, are principally interessed. Thirdly, you have disabled yourself, in so good, and decent, a Fashion; As the Manner, of your Speech, hath destroyed, the Matter of it. And therefore, the King, doth allow of the Election, and admits you for Speaker. To the Speakers Oration. Mr. Speaker; THe King hath heard, and observed, your eloquent Discourse, containing, much good Matter, and much good will: Wherein, you must expect from me, such an Answer, only, as is pertinent to the Occasion, and compassed, by due respect of Time. I may divide, that which you have said, into four parts. The first was, a Commendation, or Laudative, of Monarchy. The second was, indeed, a large Field; Containing, a thankful Acknowledgement, of his Majesties, Benefits, Attributes, and Acts of Government. The third was, some Passages, touching the Institution, and Use of Parliaments. The fourth, and last was, certain Petitions, to his Majesty; on the behalf, of the House, and your self. For your Commendation of Monarchy, 1. Part. and preferring it, before other Estates, it needs no Answer. The Schools may dispute it; But Time hath tried it; And we find it to be the Best. Other States, have curious Frames, soon put out of order; And they, that are made fit to last, are not, commonly, fit to grow, or spread: And contrariwise, those that are made fit to spread, and enlarge, are not fit, to continue, and endure. But Monarchy, is like a Work of Nature, well composed, both to grow, and to continue. From this I pass. For the second part, 2. Part. of your Speech, wherein you did, with no less Truth, than Affection, acknowledge, the great Felicity, which we enjoy, by his Majesty's Reign, and Government; His Majesty, hath commanded me, to say unto you: That Praises, and Thanks-givings, he knoweth, to be the true Oblations, of Hearts, and loving Affections: But that, which you offer him, he will join with you, in offering it up to God, who is the Author of all Good; who knoweth also, the uprightness, of his Heart; who, He hopeth, will continue, and increase, his Blessings, both upon Himself, and his Posterity; And likewise, upon his Kingdoms, and the Generations of them. But I, for my part, must say unto you, as the Grecian Orator said, long since, in the like case: Solus dignus harum rerum Laudator Tempus. Time, is the only Commender, and Encomiastique, worthy of his Majesty, and his Government. Why Time? For that, in the Revolution, of so many years, and Ages, as have passed over this Kingdom; Notwithstanding, many Noble, and excellent, Effects, were never produced, until his Majesties days; But have been reserved, as proper, and peculiar, unto them. And because, this is no part of a Panegyric, but merely Story, and that they be, so many Articles of Honour, fit to be recorded, I will only mention them; extracting part of them, out of that, you, Mr. Speaker, have said. They be, in Number, Eight. 1. His Majesty, is the first, (as you noted it well,) that hath laid Lapis Angularis, the Corner Stone, of these two mighty Kingdoms, of England, and Scotland; And taken away, the Wall of Separation: Whereby his Majesty, is become, the Monarch, of the most puissant, and Military, Nations, of the World: And if one, of the Ancient wise Men, was not deceived, Iron commands Gold. Secondly, the Plantation, and Reduction, to Civility, of Ireland, (the second Island, of the Ocean Atlantic,) did, by God's Providence, wait, for his Majesty's Times: Being a work, resembling, indeed, the Works of the ancient Heröes: No new piece, of that kind, in Modern Times. Thirdly, this Kingdom, now first, in his Majesty's Times, hath gotten a Lot, or Portion, in the New World, by the Plantation of Virginia, and the Summer Islands. And certainly, it is with the Kingdoms on Earth, as it is, in the Kingdom of Heaven. Sometimes, a Grain of Mustardseed, proves a great Tree. Who can tell? Fourthly, his Majesty, hath made that Truth, which was before Titulary; In that he hath verified the Style, of De●ender of the Faith; Wherein, his Majesty's Pen, hath been so happy, as though, the Deaf Adder, will not hear, yet he is charmed, that he doth not Hiss. I mean, in the graver sort of those, that have answered, hi● Majesty's Writings. Fiftly, it is most certain, that since the Conquest, ye cannot assign Twenty years, (which is the Time, that his Majesty's Reign, now draws fast upon,) of Inward, and Outward Peace. Insomuch, as the Time of Queen Eliz. of happy memory; And always magnified, for a peaceable Reign, was, nevertheless, interrupted, the first Twenty years, with a Rebellion, in England. And both first, and last, Twenty years, with Rebellions, in Ireland. And yet, I know, that his Majesty will make good, both his Words; As well that, of Nemo me lascesset impunè As that other, of Beati pacifici. Sixthly, that true, and primitive, Office, of Kings, which is, t● sit in the Gate, and to judge the People, was never performed, in like perfection, by any of the King's Progenitors: Whereby, his Majesty hath showed himself, to be Lex loquens; And to sit upon the Throne, not as a dumb statue, but as a Speaking Oracle. Seventhly, for his Majesty's Mercy, (as you noted it well,) show me a time, wherein a King, of this Realm, hath Reigned, almost 20. years, (as I said,) in his White Robes, without the Blood, of any Peer, of this Kingdom: The Axe, turned, once or twice, towards a Peer, but never struck. Last: The Flourishing, of Arts, and Sciences, recreated by his Majesty's Countenance, and Bounty, was never in that Height; especially, that Art of Arts, Divinity: For that, we may, truly, to Gods great glory, confess; That since the Primitive times, there were never, so many Stars, (for so the Scripture calleth them,) in that Firmament. These Things, Mr. Speaker, I have, partly, chosen, out of your Heap; and are so far, from being vulgar, as they are, in effect, singular, and proper, to his Majesty, and his Times. So that, I have made good, as I take it, my first Assertion; That the only worthy Commender of his Majesty is Time: Which hath so set off, his Majesty's Merits, by the Shadows of Comparison, as it passeth the Lustre, or Commendation, of Words. How then shall I conclude? Shall I say, O Fortunatos nimium sua si Bona nôrint: No, For I see, ye are happy, in enjoying them, and happy again, in knowing them. But, I will conclude, this part, with that Saying, turned to the Right Hand; Si gratum dixeri●, omnia dixeris. Your gratitude contains, in a word, all that I can say to you, touching this Parliament. Touching the Third Point, of your Speech, concerning Parliaments, 3. Part. I shall need to say little: For there was never, that Honour done, to the Institution of Parliament, that his Majesty did it, in his last Speech; making it, in effect, the perfection of Monarchy: For that, although Monarchy, was the more Ancient, and be independent; yet by the Advice, and Assistance of Parliament, it is the stronger, and the surer built. And therefore, I shall say no more, of this Point, but as you, (Mr. Speaker,) did well note: That when the King sits in Parliament, and his Prelates, Peers, and Commons, attend him, he is in the Exaltation of his Orb: So, I wish things, may be so carried, that he may be then, in greatest Serenity, and Benignity, of Aspect; shining upon his People, both in Glory, and Grace. Now you know well, that that the shining of the sun, fair upon the ground, whereby all things exhilarate, and do fructify; is either hindered by Clouds above, or Mists below; perhaps by Brambles, and Briars, that grow upon the Ground itself. All which, I hope, at this time, will be dispelled, and removed. I come now, to the last part of your Speech, concerning the Petitions: 4. Part. But before, I deliver, his Majesty's Answer, respectively, in particular; I am to speak unto you, some few words in general: Wherein, in effect, I shall but glean; His Majesty, having so excellently, and fully, expressed himself. For that, that can be spoken, pertinently, must be, either touching the Subject, or Matter, of Parliament Business; Or of the Manner, and Carriage of the same; Or lastly, of the Time, and the Husbanding, and Marshalling, of Time. For the Matters, to be handled, in Parliament, they are, either of Church, State, Laws, or Grievances. For the First two, concerning Church, or State● ye have heard, the King himself speak, and as the Scripture saith; Who is he, that in such things shall come after the King? For the other two, I shall say somewhat, but very shortly. For Laws, they are Things proper, for your own Element: And therefore therein, ye are rather to lead, then to be led. Only, it is not amiss, to put you in mind, of two Things: The one, that you do not multiply, or accumulate, Laws, more than ye need. There is a Wise, and Learned, Civilian, that applies, the Curse of the Prophet, Pluet super eos Laqueos, To Multiplicity of Laws; For they do but ensnare, and entangle the People. I wish rather, that ye should either revive good Laws, that are fallen, and discontinued; Or provide, against the slack execution, of Laws, which are already in Force; Or meet, with the subtle Evasions, from Laws, which Time, and Craft, hath undermined; then to make, Novas Creaturas Legum, Laws upon a new Mould. The other Point, touching Laws, is; That ye busy not yourselves, too much, in private Bills; except it be in Gases, wherein the Help, and Arm, of ordinary justice, is too short. For Grievances, his Majesty, hath with great Grace, and Benignity, opened himself. Nevertheless, the Limitations, which may make up your Grievances, not to beat the Air only, but to sort, to a desired effect, are● principally, two. The one, (to use his Majesty's term,) that ye do not Hunt after Grievances; Such as may seem, rather, to be stirred here, when ye are met, then to have sprung, from the desires of the Country: Ye are to represent the People; ye are not to personate them. The other, that ye do not, heap up Grievances, as if Numbers● should make a show, where the Weight is small; Or as if, all things amiss, (like Plato's Common wealth,) should be remedied at once. It is certain, that the best Governments, yea and the best Men, are like the best precious Stones, wherein every Flaw, or Isickle, or Grain, are seen, and noted more, then in those, that are, generally, foul, and corrupted. Therefore, contain, yourselves, within that Moderation, as may appear to bend, rather to the Effectual Ease of the People, then to a Discursive Envy, or scandal upon the State. As for the Manner, of Carriage, of Parliament Business, ye must know, that ye deal with a King, that hath been longer King, than any of you, have been Parliament Men; And a King, that is no less sensible, of Forms, then of Matter; And is as far, from enduring Diminution, of Majesty, as from regarding ●lattery, or Vain Glory; And a King, that understandeth, as well, the Pulse, of the Hearts, of People, as his own Orb. And therefore, both let your Grievances, have a decent, and Reverend Form, and Style; And (to use the words of former Parliaments,) let them be, Tanquam Gemitus Columbae, without Pique, or Harshness; And on the other side, in that ye do for the King, Let it have a Mark, of Unity, Alacrity, and Affection; which will be of this Force; That whatsoever ye do, in substance, will be doubled in Reputation abroad, as in a Crystal Glass. For the Time, if ever Parliament was to be measured by the Houre-glass, it is this; In regard of the instant Occasion, flying away irrecoverably. Therefore let your Speeches, in the House, be the Speeches of Counsellors, and not of Orators: Let your Committees, tend to dispatch, not to dispute; And so marshal the Times, as the public Business, especially the proper Business, of the Parliament be put first; And private Bills be put last, as time shall give leave, or within the spaces, of the Public. For the Four Petitions, his Majesty is pleased to grant them all, as liberally, as the Ancient, and true Custom, of Parliament, doth warrant; And with the cautions, that have ever gone with them; That is to say; That the privilege, be not used, for Defrauding of Creditors, and Defeating of ordinary Justice: That Liberty of, Speech, turn not into Licence; but be joined, with that Gravity, and Discretion, as may taste of Duty, and Love, to your Sovereign, Reverence to your own Assembly, and Respect to the Matters ye handle. That your Accesses, be at such fit Times, as may stand best with his Majesty's pleasure, and Occasions. That Mistake, and Misunderstandings, be rather avoided, and prevented, (as much as may be,) then salved, or cleared. CERTAIN TREATISES Written, or Referring, TO Queen Elizabeth's TIMES: BEING, OBSERVATIONS UPON A LIBEL, Published in Anno, 1592. A true Report of Doctor LOPEZ his TREASON. An Advertisement, touching the Controversies, of the Church of ENGLAND. A Collection, of the Felicities, of Queen ELIZABETH. By the Right Honourable FRANCIS BACON Baron of Verulam, Viscount Saint Alban. LONDON, Printed by S. Griffin, for William Lee, and are to be sold at his Shop in Fleetstreet, at the sign of the Turks-head, near the Mitre Tavern, 1657. CERTAIN OBSERVATIONS, UPON A LIBEL, Published this present year, 1592. ENTITLED; A DECLARATION Of the TRUE CAUSES, OF THE GREAT TROUBLES, Presupposed to be intended, against the REALM, of ENGLAND. IT were Just, and Honourable, for Princes, being in Wars together, that howsoever, they prosecute their Quarrels, and Debates, by Arms, and Acts of Hostility; yea, though the Wars be such, as they pretend the utter Ruin, and Overthrow, of the Forces, and States, one of another; yet they so limit their Passions, as they preserve, two Things, Sacred, and Inviolable; That is, The Life, and good Name, each of other. For the Wars, are no Massacres, and Confusions; But they are, the Highest Trials of Right; when Princes, and States, that acknowledge no Superior upon Earth, shall put themselves, upon the justice of God, for the Deciding of their Controversies, by such Success, as it shall please him, to give, on either side. And as, in the Process, of particular Pleas, between private Men, all things, aught to be ordered, by the Rules, of Civil Laws: So, in the Proceedings, of the War, nothing ought to be done, against the Law of Nations, or the Law of Honour; Which Laws, have ever pronounced, those two Sorts, of Men; The one, Conspirators, against the Persons of Princes; The other, Libelers, against the●r good Fame, to be such Enemies, of common Society, as are not to be cherished, no not by Enemies. For, in the Examples, of Times, which were less corrupted, we find, that when, in the greatest Heats, and Extremities of Wars, there have been made Offers of Murderous, and Traitorous, Attempts, against the Person, of a Prince, to the Enemy, they have been, not only Rejected, but also Revealed. And, in like manner, when Dishonourable Mention, hath been made, of a Prince, before an Enemy Prince, by some, that have thought, therein, to please his Humour, he hath showed himself, contrariwise, utterly distasted therewith, and been ready, to contest, for the Honour, of an enemy. According to which Noble, and Magnanimous, Kind of Proceeding, it will be found, that, in the whole Cou●se, of her Majesty's Proceeding, with the King of Spain; since the Amity interrupted; There was never any project, by her Majesty, or any of her Ministers, either moved, or assented unto, for the Taking away, of the Li●e, of the said King: Neither, hath there been, any Declaration, or Writing, of ●state; No, nor Book allowed, wherein his Honour, hath been touched, or taxed, otherwise then for his Ambition; A point, which is, necessarily, interlaced, with her Majesties, own Justification. So that no Man, needeth to doubt, but that those Wars, are grounded, upon her Majesty's part, upon just, and Honourable Causes, which have so Just, and Honourable, a prosecution; Considering, it is a much harder Matter, when a Prince is entered into Wars, to hold respect then, and not to be transported with Passion; than, to make Moderate, and Just Resolutions, in the Beginnings. But now, if a Man look, on the other part, it will appear, that rather, as it is to be thought, by the Solicitation of Traitorous Subjects, (which is the only Poison, and Corruption, of all Honourable War, between Foreigners;) Or by the Presumption of his Agents, and Ministers, then, by the proper Inclination, of that King, there hath been, if not plotted, and practised, yet, at the least, comforted, Conspiracies, against her Majesty's Sacred Person; which, nevertheless, God's Goodness, hath used, and turned, to show by such miraculous Discoveries, into how near, and precious, Care, and Custody, it hath pleased him, to receive her Majesty's Life, and Preservation. But, in the other Point, it is strange; what a number, of Libellous, and Defamatory, Books, and Writings, and in what Variety, with what Art, and cunning, handled, have been allowed to pass through the World, in all Languages, against her Majesty, and her Government; Sometimes, pretending, the Gravity, and Authority, of Church Stories, to move Belief; sometimes, form into Remonstrances, and Advertisements of ●state, to move Regard; Sometimes, presented, as it were, in Tragedies, of the Persecutions of Catholics, to move Pity; Sometimes, contrived, into pleasant Pasquil's and Satyrs, to move sport: So as, there is no shape, whereinto, these Fellows, have not transformed themselves; Nor no Humour, nor affection, in the mind of Man, to which they have not applied themselves; Thereby, to insinuate, their Untruths, and abuses, to the World. And, indeed, let a Man look into them, and he shall find them, the only Triumphant Lies, that ever were confuted, by Circumstances, of Time, and Place; Confuted by Contrariety, in themselves; Confuted, by the Witness, of infinite Persons, that live yet, and have had, particular Knowledge, of the Matters: But yet avouched, with such Asseveration, as if, either they were fallen, into that strange Disease of the Mind, which a Wise Writer, describeth, in these words; Fingunt simul creduntque; Or as if, they had received it, as a principal Precept, and Ordinance, of their Seminaries; Audacter calumniare, semper aliquid haeret; Or as if, they were of the Race, which in old time, were wont, to help themselves, with Miraculous Lies; But, when the Cause of this, is entered into; Namely, that there passeth over, out of this Realm, a number of Eager, and Unquiet, Scholars, whom, their own Turbulent, and Humourous, Nature, presseth out, to seek their Adventures abroad; And that, on the other side, they are nourished, rather in Listening after News, and Intelligences, and in Whisper, then in any Commendable Learning; And after a time, when either their Necessitous Estate, or their Ambitious Appetites, importune them, they fall on devising, how to do, some acceptable service, to that side, which maintaineth them; So as ever, when their Credit, waxeth Cold with Foreign Princes; Or that their Pensions, are ill paid; Or some Preferment, is in sight, at which they level; straightways, out cometh a Libel, pretending thereby, to keep in life the party, which within the Realm, is contrary to the State: (Wherein, they are as wise, as he, that thinketh, to kindle a Fire, by blowing the dead Ashes;) When, I say, a man looketh into the Cause, and Ground, of ●his plentiful yield of Libels, he will cease, to marvel, considering the Concurrence, which is, as well, in the Nature of the ●eed, as in the travel of Tilling, and dressing; yea, and in the Fitness, of the Season, for the Bringing up of those infectious weeds. But, to verify, the Saying, of our Saviour, Non est Discipulus super Magistrum; As they have sought to deprave, her Majesty's Government, in herself; So, have they not forgotten, to do the same, in her principal Servants, and Counsellors; Thinking belike, that as the Immediate Invectives, against her Majesty, do best satisfy, the Malice, of the Foreigner; So the slander, and Calumniation, of her principal Counselors, agreed best, with the Humours, of some Malcontents, within the Realm; Imagining also, that it was like, they should be more scattered here, and freelier dispersed; And also should be less odious, to those Foreigners, which were not merely partial, and passionate; who have, for the most part● in detestation, the Traitorous Libel, of Subjects, directly against their Natural Prince. Amongst the Rest, in this kind, there h●th been published, this present year, of 1592. a Libel, that giveth place, to none of the Res●, in Malice, and untruths; Though inferior, to most of them, in penning, and S●ile; The Author, having chosen, the vain of a Lucianist; And yet, being a Counterfeit, even in that kind. The Libel, is entitled; A Declaration, of the true Causes, of the great Troubles, presupposed to be intended, against the Realm of England. And hath a Semblance, as if it were bend, against the Doings, of her Majesty's, Ancient, and Worthy Counsellor, the Lord ●urghley; Whose Carefulness, and Pains, her Majesty, hath used, in her Counsels, and Actions, of this Realm, for these 34. years' space, in all dangerous Times; And amidst many, and mighty, practices; And with such success, as our Enemies, are put still, to their Paper-shot, of such Libels, as these: The memory, of whom, will remain, in this Land, when all these Libels, shall be extinct, and forgotten; According to the Scripture; Memoria justi cum landibus, at Impiorum Nomen putrescet. But it is more than evident, by the parts of the same Book, that the Author's Malice, was to her Majesty, and her Covernment; As may especially appear, in this, That he charged not, his Lordship, with any particular Actions, of his private Life; (Such power had Truth;) whereas, the Libels, made against other Counsellors have, principally, insisted upon that part: ●ut hath only, wrested, and detorted, such Actions of Sat, as in Times, of his Service, have been Managed; And depraving them, hath ascribed, and imputed to him, the Effects, that have followed; Indeed, to the Good of the Realm, and the Honour of her Majesty; Though, sometimes, to the Provoking of the Mali●e, but Abridging of the Power, and Means, of Desperate, and Incorrigible, Subjects. All which Slanders, as his Lordship, might justly despise; Both, for their Manifest Untruths, and for the Baseness, and Obscurity, of the Author; So nevertheless, according to the Moderation, which his Lordship useth, in all Things; Never claiming the Privilege, of his Authority, when it is Question, of satisfying the World; He hath been content, that they be not passed over, altogether, in Silence: Whereupon, I have, in particular Duty, to his Lordship, amongst others, that do Honour, and Love, his Lordship; And that have, diligently, observed his Actions; And in Zeal of Truth, collected upon the Reading, of the said Libel, certain Observations; Not in Form, of a just Answer, lest, I should fall into the Error, whereof Solomon, speaketh thus; Answer not a Fool, in his own kind, lest thou also be like him; But only, to discover the Malice, & to reprove, and convict the Untruths, thereof. The Points, that I have observed, upon the Reading, of this Libel, are these following. 1. Of the Scope, or Drift, of the Libeler. 2. Of the present Estate, of this Realm, of England; whether it may be, truly avouched, to be Prosperous, or Afflicted. 3. Of the Proceedings, against the pretended Catholics, whether they have been Violent; or Moderate, and necessary. 4. Of the Disturbance, of the Quiet, of Christendom; And to what Causes, it may be, justly, imputed. 5. Of the Cunning, of the Libeler, in Palliation, of his Malicious Invective, against her Majesty, and the State, with pretence, of taxing only, the Actions, of the Lord Burleigh. 6. Certain true General Notes, upon the Actions, of the Lord Burleigh. 7. Of divers particular Vntruhs, and Abuses, dispersed through the Libel. 8. Of the Height, of Impudence, that these Men, are grown unto, in Publishing, and Avouching, Untruths; with particular Recital, of some of them, for an Assay. 1. Of the Scope, or Drift of the Libeler. It is good Advice, in dealing, with Cautelous, and Malicious, persons; Whose Speech, is ever at distance, with their Meanings; Non quid dixerint, sed quò spectârint, videndum: A Man, is not to regard, what they affirm, or what they hold; But, what they would convey, under their pretended Discovery, and what turn they would serve. It soundeth strangely, in the Ears, of an English Man; That the Miseries, of the present State, of England, exceed them, of former times, whatsoever. One would, straightway, think with himself; Doth this Man believe what he saith? Or not believing it, doth he think it possible, to make us believe it? Surely, in my conceit, neither of both; But his End, no doubt, was, to round the Pope, and the King of Spain, in the Ear, by seeming, to tell a Tale, to the People of England. For such Books, are ever wont, to be translated, into divers Languages: And, no doubt, the Man, was not so simple, as to think, he could persuade, the People of England, the Contrary, of what they taste, and feel. But he thought, he might better abuse, the States, abroad, if he directed his Speech to them, who could best convict him, and disprove him, if he said untrue: So that, as Livy saith, in the like case; AEtolos, magis, coram quibus verba facerent, quam ad quos, pensi habere: That the Aaetolians, in their Tale, did more respect those, which did overhear them, than those, to whom they directed their Speech: So, in this matter, this Fellow, cared not, to be counted a Liar, by all English, upon Price, of Deceiving, of Spain, and Italy: For it must be understood, that it hath been, the general Practice, of this kind of Men, many years, of the one side, to abuse, the foreign Estates, by making them believe, that all is out of Joint, and Ruinous, here in England. And that, there is a great part ready, to join with the Invader: And, on the other side, to make, the Evil Subjects, of England, believe, of great Preparations abroad, and in great readiness, to be put in Act; And so to deceive, on both sides: And this, I take to be, his Principal Drift. So again, it is an extravagant, and incredible, Conceit, to Imagine, that all the Conclusions, and Actions, of Estate, which have passed, during her Majesty's Reign, should be ascribed, to one Counsellor alone; And to such an one, as was never noted, for an Imperious, or overruling, Man: And to say, that though, He carried them, not by Violence, yet he compassed, them by Devise; There is no Man of judgement, that looketh into the Nature of these Times, but will easily descry, that the Wits, of these Days, are too much refined, for any Man, to walk Invisible: Or to make, all the World, his Instruments; And therefore, no not in this point, assuredly, the Libeler spoke, as he thought; But this he foresaw; That the Imputation, of Cunning, doth breed Suspicion; And the Imputation, of Greatness, and Sway, doth breed Envy: And therefore, finding, where he was most wrung, and by whose policy and Experience, their plots were most crossed, the mark he shot at, was to see, whether he could heave, at his Lordship's Authority, by making him suspected, to the Queen; or generally odious, to the Realm: Knowing well enough, for the one point, that there are not only jealousies, but certain Revolutions, in Prince's Minds: So that, it is a rare Virtue, in the Rarest Princes, to continue constant to the End, in their Favours, and Employments. And knowing, for the other point, that Envy, ever accompanieth Greatness, though never so well deserved: And that his Lordship, hath always marched, a Round, and a Real Course, in service: And as, he hath not moved Envy, by Pomp, and Ostentation; so, hath he never extinguished it, by any Popular, or Insinuative, Carriage of Himself: And this, no doubt, was his Second Dri●t, A Third Drift, was, to assay, if he could supplant, and weaken, (by this violent kind of Libelling, and turning the whole Imputation, upon his Lordship,) his Resolution, and Courage; And to make him proceed● more cautelously, and not so throughly, and strongly, against them; Knowing his Lordship, to be a Politic Man, and one, that hath, a great Stake to lose. Lastly, lest while I discover Cunning, and Art, of this Fellow, I should make him wiser than he was, I think, a great part of this Book, was Passion; Difficile est tacere, cum doleas. The Humours, of these Men being, of themselves, eager, and Fierce, have, by the Abort, and Blasting, of their Hopes; been blinded and enraged. And surely, this Book, is, of all that Sort, that have been written, of the meanest work-man-ship; Being fraughted, with sundry base Scoffs, and cold Amplifications, and other Characters, of Despite; But void, of all judgement, or Ornament. 2. Of the presents Estate, of this Realm, of England; whether it may be, truly, avouched, to be prosperous, or Afflicted. THe Benefits, of Almighty God, upon this Land, since the time, that in his singular providence, he led, as it were, by the hand, and placed, in the Kingdom, his Servant, our Queen Elizabeth, are such, as not in Boasting, or in Confidence of ourselves, but in praise of his Holy Name, are worthy, to be, both considered, and confessed; yea, and registered, in perpetual Memory: Notwithstanding, I mean not, after the manner of a Panegyrique, to Extol the present Time. It shall suffice only, that those Men, that through the Gall, and Bitterness, of their own Heart, have lost their Taste, and judgement; And would, deprive God, of his Glory, and us, of our senses, in affirming our Condition, to be Miserable, and ●ull of Tokens, of the Wrath, and Indignation of God, be reproved. If then, it be true, that, Nemo est Miser, aut Felix, nisi comparatus; Whether we shall, (keeping ourselves, within the Compass, of our own Island,) look, into the Memories, of Times past; Or, at this present time, take a view, of other States, abroad, in Europe; We shall ●ind, that we need not give place, to the Happiness, either of Ancestors, or Neighbours' For, if a Man weigh well, all the Parts, of State, and Religion, Laws, Aministration of justice, Policy of Government, Manners, Civility, Learning and Liberal Sciences, Industry and Manual Arts, Arms and Provisions of Wars, for Sea, and Land, Treasure, Traffic, Improvement of the Soil, Population, Honour and Reputation: It will appear, that taking, one part, with Another, the State, of this Nation, was never more Flourishing. It is easy, to call to Remembrance, out of Histories, the Kings, of England, which have, in more ancient times, enjoyed greatest Happiness; Besides her Majesty's Father, and Grand father, that reigned in rare Felicity, as is fresh in Memory. They have been, K. Henry 1. K Hen 2. K. Hen. 3. King Edw the 1. K. Edw. the 3. K. Henry the 5. All which, have been Princes, of Royal Virtue, Great Felicity, and Famous Memory. But it may be truly affirmed, without derogation, to any of these worthy Princes, that whatsoever we find in Libels, there is not to be found, in the English Chronicles, a King, that hath, in all respects, laid together, reigned with such Felicity, as her Majesty hath done. For as for the First 3. Henries; The First, came in, too soon, after a Conquest: The Second, too soon, after an Usurpation; And the Third, too soon, after a League, or Baron's War; To reign, with Security, and Contentation. King H. 1. also, had unnatural Wars, with his Brother Robert, wherein much Nobility was consumed: He had therewithal, tedious Wars, in Wales; And was not, without some other Seditions, and Troubles; As namely, the great Contestation, of his Prelates. King Henry 2. his Happiness, was much deformed, by the Revolt of his son Henry, after he had associated him, and of his other Sons. King Hen. 3, besides his continual Wars, in Wales, was after 44. years' reign, unquieted, with Intricate Commotions, of his Barons; As may appear, by the Mad Parliament, held at Oxford, and the Acts thereupon ensuing. His Son, King Ed. 1. had a more flourishing Time, than any of the other; Came to his Kingdom, at ripe years, and with great Reputation, after his voyage, into the Holy Land; And was much loved, and obeyed; contrived his Wars, with great Judgement; First, having reclaimed Wales, to a settled Allegiance; And being, upon the point, of Uniting Scotland. But yet, I suppose, it was more honour, for her Majesty, to have, so important a piece of Scotland, in her hand; And the same, with such Justice, to render up; Then it was, for that worthy King, to have advanced, in such Forwardness, the Conquest, of that Nation. And for King Edward 3. his Reign was visited, with much Sickness, and Mortality, So as they reckoned, in his days, 3. several Mortality's: One in the 22. year: Another in t●e 35. year: And the last, in the 43. year, of his Reign: And being otherwise, Victorious, and in Prosperity, was by that only Cross, more afflicted, than he was, by the other Prosperities, comforted. Besides, he entered hardly: And again, according to the Verse; Cedebant ultima primis: His Latter Times, were not so prosperous. And for King Henry 5. as his Success was wonderful, so he wanted Continuance; Being extinguished, after 10. years' Reign, in the Prime, of his Fortunes. Now for her Majesty, we will, first, speak, of the Blessing of Continuance, 1 Continuance as that, which wanted, in the Happiest, of these Kings: And is not only, a great favour of God, unto the Prince, but also, a singular Benefit, unto the People: For that Sentence of the Scripture: Misera Natio, cum multi sunt principes eius: is interpreted, not only, to extend, to Divisions, and Distractions, in Government, but also, to Frequent Changes, in Succession: Considering, that the Change of a Prince, bringeth in, many Charges, which are Harsh, and Unpleasant, to a great part of Subjects. It appeareth then, that of the Line, of Five hundred, and fourscore years, and more, containing the Number of 22. Kings, God hath already prolonged, her Majesty's Reign, to exceed sixteen, of the said Two and Twenty: And, by the end, of this present year, (which God prosper,) she shall attain, to be equal, with two more: During which time, there have deceased, four Emperors; As many French Kings; Twice so many Bishops of Rome. Yea, every State, in Christendom, except Spain, have received sundry Successions: And, for the King of Spain, he is waxed so infirm, and thereby so Retired, as the Report of his Death, serveth for every years' News: whereas her Majesty, (Thanks be given to God,) being nothing decayed, in vigour of Health, and strength, was never more able, to supply, and sustain, the weight of her Affairs; And is, as far as standeth, with the Dignity, of her Majesty's Royal State, continually to be Seen, to the great comfort, and Hearty Ease, of her People. Secondly, we will mention, the Blessing of Health: I mean, 2 Health. generally, of the People, which was wanting, in the Reign, of another of these Kings: which else deserved, to have the second place, in Happiness; which is one, of the great Favours, of God, towards any Nation. For, as there be three, Scourges of God, War, Famine, and Pestilence; so are there three Benedictions, Peace, Plenty, and Health. Whereas therefore, this Realm, hath been visited, in times past, with sundry kinds of Mortality's; (as Pestilences, Sweats, and other Contagious Diseases;) it is so, that in her Majesty's Times, being of the continuance, aforesaid, there was only, towards the Beginning of her Reign, some Sickness, between june, and February, in the City, but not dispersed, into any other pa●t, of the Realm, as was noted; which we call yet, the Great Plague; Because, that though it was nothing so Grievous, and so Sweeping, as it hath been, sundry times heretofore; yet it was great, in respect of the Health, which hath followed since; Which hath been such, (especially of late years,) as we began to dispute, and move Questions, of the Causes, whereunto it should be ascribed; Until such time, as it pleased God to teach us, that we ought, to ascribe it, only to his Mercy; By touching us, a little, this present year; but with a very Gentle Hand; And such, as it hath pleased him, since, to remove. But certain it is, for so many years together, notwithstanding, the great Pestering of people, in Houses; The great Multitude of Strangers, and the sundry Voyages by Seas; (All which, have been noted, to be Causes of Pestilence.) The Health Universal, of the People, was never so good. The third Blessing is that, which all the Politic, and Fortunate Kings, before recited, have wanted; That is, Peace: 3 Peace. For there was never Foreigner, since her Majesty's Reign, by Invasion, or Incursion of Moment, that took any footing, within the Realm of England. One Rebellion, there hath been only, but such an one, as was repressed, within the space, of seven weeks; And did not waste, the Realm, so much, as by the Destruction, or Depopulation, of one poor Town. And for wars abroad, taking in those of Leeth, those of New-Haven, the second Expedition into Scotland, the wars of Spain, which I reckon, from the year 86, or 87; (before which time, neither had the King of Spain, withdrawn his Ambassadors, here residing; neither had her Majesty, received into protection, the united Provinces, of the Low Countries;) And the Aid of France; They have not occupied, in time, a third part of her Majesty's R●ign; Nor consumed, past two, of ●y Noble House; whereof France took one, and Flanders another: And very few, besides, of Quality, or Appearance. They have scarce, mowed down, the overcharge of the People, within the Realm. It is therefore true, that the King's aforesaid, and others her Majesties' progenitors, have been Victorious, in their Wars; And have made, many Famous, and Memorable, Voyages, and Expedi●tions, into sundry parts; And that her Majesty, contrariwise, from the beginning, put on, a firm Resolution, to content herself, within those Limits of her Dominions, which she received; And to entertain Peace, with her Neighbour princes; which Resolution, she hath ever since, (notwithstanding, she hath ha● Rare Opportunities, Just Claims, and pretences, and great, and mighty Means,) sought to continue. But if, this be objected, to be the less Honourable Fortune; I answer, that ever, amongst the Heathen, who held not, the Expense of Blood, so precious, as Christians ought to do; The peaceable Government of Augustus Caesar, was ever, as highly esteemed, as the Victories, of Iuliu●, his Uncle; and that the Name, of Pater Patriae, was ever as Honourable, as that of propagator Imperii. And this, I add further, that during this inward Peace of so many years, in the Actions of War, before mentioned, which her Majesty, either in her own Defence, or in Just, and Honourable Aides, hath undertaken; The Service hath been such, as hath carried, no Note, of a People, whose Militia, were degenerated, through Long Peace; But hath, every way, answered, the ancient Reputation, of the English Arms. 4 Plenty and Wealth. The fourth Blessing, is Plenty, and Abundance: And first● for Grain, and all Victuals, there cannot be, more evident Proof, of the Plenty, than this. That, whereas England, was wont, to be ●ed, by o●her Countries, from the East, it sufficeth now, to feed, other Countries. So as we do, m●ny times, transport, and serve, sundry Foreign Countries; And yet, there was never, the like Multitude of People, to eat i●, within the Realm. Another evident Proof thereof, may be, that the good yields of Corn, which have been, together with some Toleration of Vent, hath, of late time, invited, and enticed Men, to break up more Ground, and to convert it to Tillage, than all the Penal Laws, for that purpose, made, and enacted, could ever, by Compulsion, effect. A third Proof may be, that the Prices of Grain, and Victual, were never, of late years, more Reasonable. Now for Arguments of the great wealth, in all other Respects, let the Points following be considered. There was never, the like Number, of fair, and Stately House's, as have been built, and set up, from the Ground, since her Majesty's Reign: Insomuch, that there have been reckoned, in one Shire, that is not great, to the Number, of 33; Which have been all, new built, within that time: And whereof the Meanest, was never built, for two Thousand pounds. There were never, the like Pleasures, of goodly Gardens, and Orchards, Walks, Pools, and Parks, as do adorn, almost, every Mansion House. There was never, the like Number, of Beautiful, and Costly, Tombs, and Monuments, which are erected, in sundry Churches, in Honourable Memory, of the Dead. There was never, the like Quantity of Plate, jewels, Sumptuous Movables, and Stuff, as is now, within the Realm. There was never, the like Quantity, of Wast, and unprofitable Ground, Inned, Reclaimed, and Improved. There was never, the like Husbanding, of all Sorts of Ground●, by Fencing, Manuring, and all kinds, of good Husbandry. The Towns, were never better built, nor peopled; Nor the principal Fairs, and Markets, never better customed, nor frequented. The Commodities, and Ease, of Rivers, cut by hand, and brought into a new Channel; Of Peers, that have been built; Of Waters, that have been forced, and brought, against the Ground, were never so many. There was never, so many excellent Artificers, nor so many new Handicrafts, used, and exercised; Nor new Commodities, made wit●in the Realm; Sugar; Paper; Glass; Copper; divers Silks; and the like. There was never, such Complete, and Honourable Provision, of Horse; Armour, Weapons, Ordnance of the Warr. The Fifth Blessing, 5 Increase o● People. hath been, the great Population, and Multitude, of Families, increased within her Majesty's days: For which Point, I refer myself, to the Proclamations, of Restraint, of Building, in London; The Inhibition, of Inmates, of sundry Cities; The Restraint, of Cottages, by Act of Parliament; And sundry other Tokens, of Record, of the Surcharge, of People. Besides these parts of a Government, blessed from God, 6 Reformation in Religion. wherein, the Condition of the People, hath been more happy, in her Majesty's Times, then in the Times, of her progenitors; There are certain Singularities, and Particulars, of her Majesty's Reign, wherein, I do not say, that we have enjoyed them, in a more ample Degree, and Proportion, then in former Ages; (As it hath fallen out, in the Points, before mentioned;) But such, as were, in Effect, unknown, and untasted, heretofore. As first, the Purity of Religion, which is a Benefit Inestimable; And was, in the time, of all former Princes, until the days, of her Majesty's Father, of Famous Memory, unheard of. Out of which Purity of Religion, have since ensued, beside the principal Effect, of the true Knowledge, and Worship of God, The special 〈◊〉 established among u● by ●he purity of Religion. three Points, of great Consequence, unto the Civil Estate. One, the stay of a mighty Treasure, within the Realm, which, in foretimes, was drawn forth, to Rome. Another, the Dispersing● and Distribution● of those Revenues; (Amounting, to a Third part, of the Land, of the Realm;) And that, of the goodliest, and the richest sort, which heretofore, was unprofitably spent, in Monasteries; Into such Hands, as by whom, the Realm, receiveth, at this day, Service, and Strength; And many Great Houses, have been set up, and augmented. The Third, the Managing, and Enfranchising, of the Regal Dignity, from the Recognition, of a Foreign Superior: All which Points, though begun by her Father, and continued by her Brother, were yet, nevertheless, ●fter an Eclipse, or Intermission, Restored, and Reestablished, by her Majesty's Self. Fineness o● Money. Secondly, the Fineness of Money: For as the Purging away, of the Dross of Religion, the Heavenly Treasure, was common to her Majesty, with her Father, and her Brother: So the Purging, of the Ba●e Mon●y, the earthly Treasure, hath been, altogether, proper, to her Majesties own Times; Whereby our Moneys, bearing the Natural Estimation, of the Stamp, or Mark, both every Man resteth assured of his own value, and free from the losses, and Deceits, which fall out in other places, upon the Rising, and Falling, of Moneys. The Might o● the Nav●. Thirdly, the Might of the Navy, and Augmentation, of the Shipping, of the Realm: which, by politic Constitutions, for Maintenance of ●ishing; And the Encouragement, and Assistance, given, to the undertakers, of New Discoveries, and Trades by Sea, is so advanced, as this Island is become, (as the Natural Scite thereof deserveth,) the Lady of the Sea. Now to pass, from the Comparison, of Time, to the Comparison, of place; We may find, in the States abroad; Cause of Pity, and Compassion in some; But of Envy, or Emulation, in none; Our Condition being, by the good Favour of God, not Inferior to an●. Comparison of the state of England with the state● abroad. The Kingdom of France, which, by reason, of the Seat of the Empire, of the West, was wont, to have the precedence, of the Kingdoms of Europe, is now fallen, into those Calamities, that as the Prophet saith; From the Crown of the Head, to the Sole of the Foot, there is no whole place. Afflicted in France. The Divisions, are so many, and so intricate, of Protestants, and Catholics; Royalists, and Leaguers; Burbonists, and Lorainists; Patriots, and Spanish; As it seemeth, God hath some great Work, to bring to pass, upon that Nation: yea, the Nobility divided, from the Third Estate; And the Towns, from the Field: All which Miseries, truly to speak, have been wrought by Spain, and the Spanish Faction. Low-Countries. The Low-Countries, which were, within the Age of a young Man, the Richest, the best Peopled, and the best Built, Plots of Europe, are in such Estate, as a Country is like to be in, that hath been the Seat, of thirty years' War; And although, the Sea-Provinces, be rather increased, in Wealth, and Shipping, then otherwise; yet, they cannot but mourn, for their Distraction, from the rest of their Body. The Kingdom of Portugal, Portugal. which, of late times, through their Merchandizing, and places in the East Indies, was grown, to be an Opulent Kingdom, is, now at the last, after the unfortunate journey of Africa, in that State, as a Country is like to be, that is reduced, under a Foreigner, by Conquest; And such a Foreigner, as hath his Competitour in Title, being a Natural Portugal, and no Stranger; And having been once in possession, yet in Life: whereby his jealousy, must necessarily be increased, and through his Jealousy, their Oppression: which is apparent, by the Carrying, of many Noble Families, out of their Natural Countries, to live in Exile: And by putting to Death, a great Number of Noblemen, naturally born, to have been principal Governors, of their Countries. These are three Afflicted, parts of Christendom; The Rest of the States, enjoy, either Prosperity, or tolerable Condition. The Kingdom of Scotland, Prosperous as Scotland. though at this present, by the good Regiment, and wise proceeding, of the King, they enjoy good quiet; yet, ●ince our Peace, it hath passed, through no small Troubles; And remaineth, full of Boiling, and Swelling, Humours; But like, by the Maturity, of the said King, every day increasing, to be repressed. The Kingdom of Poland, Poland. is newly recovered, out of great Wars, about an Ambiguous Election. And besides, is a State, of that Composition, that their King being Elective, they do, commonly, choose, rather a Stranger, than one of their own Country. A great Exception, to the Flourishing Estate, of any Kingdom. The Kingdom of Swedeland, Sweden. besides their Foreign Wars, upon their Cousins, the Muscovites, and the Danes; Hath been, also, subject, to divers Intestine Tumults, and Mutations, as their Stories do record. The Kingdom of Denmark, Denmark. hath had good Times, specially, by the good Government, of the late King, who maintained, the profession, of the Gospel; But yet, greatly, giveth place, to the Kingdom of England, in Climate, Wealth, Fertility, and many other Points, both of Honour, and Strength. The Estates of Italy, Italy. which are not, under the Dominion of Spain, have had peace, equal in continuance with ours; Except, in regard of that, which hath passed between them, and the Turk; Which hath sorted, to their Honour, and Commendation: But yet, they are so bridled, and overawed, by the Spaniard, that possesseth the two principal Members thereof; And that, in the two extreme parts, as they be like Quillets of Freehold, being intermixed, in the midst, of a great Honour or Lordship. So as their Quiet, is intermingled, not with jealousy alone, but with Restraint. The States of Germany, Germany, have had, for the most part, peaceable Times; But yet they yield, to the State of England; Not only, in the great Honour, of a great Kingdom, (they being, of a mean Style, and Dignity,) but also in many other Respects, both of Wealth, and Policy. The State of Savoy, Savoy. having been, in the old Duke's Time, governed, in good Prosperity, hath since, notwithstanding, their new great Alliance, with Spain, whereupon they waxed insolent, to design, to snatch up, some piece of France; After the dishonourable Repulse, from the Siege of Geneva; deen often distressed, by a particular Gentleman of Daulph●ny; And at this present day, the Duke feeleth, even in Piedmont, beyond the Mountains, of the weight, of the same Enemy: Who hath lately shut up his Gates, and common Entries, between Savoy, and Piedmont. So as hitherto, I do not see, but that we are, as much bound, to the Mercies of God, as any other Nation; Considering, that the Fires of Dissension, and Oppression, in some Parts of Christendom, may serve us, for Lights; to show us our Happiness: And the good estates, of other places, which we do congratulate with them for, is such, nevertheless, as doth not stain, and exceed ours: But rather, doth still leave somewhat, wherein we may acknowledge, an ordinary Benediction, of God. Lastly, we do not much emulate, the Greatness, and Glory, of the Spaniards; Sp●i● Who, having not only Excluded, the Purity of Religion, but also Fortified against it, by their Devise, of the Inquisition; which is a Bulwark, against the Entrance, of the Truth of God: Having, in recompense, of their new Purchase of Por●ugal, lost, a great part, of their ancient Patrimonies, of the Low-Countries; (Being of far greater Commodity, and Value;) or, at the least, holding part thereof, in such sort, as most of their other Revenues, are spent there, upon their own: Having lately, with much Difficulty, rather smoothed, and skinned over, than Healed, and extinguished, the Commotions of Arragon; Having rather sowed Troubles in France, then reaped Assured Fruit thereof, unto themselves: Having, from the Attempt, of England, received Scorn, and Disreputation; Being, at this time, with the States of Italy, rather suspected, then either Loved, or Feared: Having, in Germany, and else where, rather much practice, than any Sound intelligence, or Amity: Having no such clear succession, as they need object, and Reproach, the Incertainty thereof, unto another Nation: Have, in the end, won a Reputation, rather of Ambition, than justice; And in the pursuit, of their Ambition, rather of Much Enterprising, then of Fortunate Achieving; And, in their Enterprising, rather, of Doing Things, by Treasure, and Expense, then by Forces, and Valour. Now, that I have given the Reader, a Taste of England, respectively, and in Comparison, of the Times past, and of the States abroad; I will descend, to examine, the Libelers, own Divisions; Whereupon, let the World judge, how easily, and clean, this Ink, which he hath cast in our faces, is washed off. The First Branch, of the pretended Calamities, of England, is the great, and wonderful, Confusion, which, he saith, is in the State, of the Church; which is subdivided, again, into two parts: The one, the Prosecutions, againg the Catholics; The other, the Discords, and Controversies, amongst ourselves: The former, of which 2. parts, I have made, an Article by itself; Wherein, I have set down, a clear, and simple, Narration, of the proceedings, of State, against that sort of Subjects; Adding this by the way: That there are 2. Extremities, in State, concerning the Causes, of ●aith, and Religion: That is to say, the Permission, of the Exercises, of more R●ligions, than one, which is a dangerous Indulgence, and Toleration; the other, is the Entering, and Sifting, into men's Consciences, when no Overt Scandal is given; which is Rigorous, and Straineable, Inquisition: And I avouch, the proceedings, towards the intended Catholics, to have been a Mean, between these two Extremities; Referring, the Demonstration thereof, unto the aforesaid Narra●ion, in the Articles following. Touching the Divisions, in our Church, Concerning the Con●ro 〈◊〉 〈◊〉 in our Church. the Libeler affirmeth, ●hat the Protestanticall Caluinism, (For so it pleaseth him, with very good grace, to term the Religion, with us established;) is grown, Contemptible, and Detected, of Idolatry, Heresy, and many other superstitious Abuses, by a Purified sort of Professors, of the same Gospel. And this Con●ention is yet grown, to be more intricate, by reason of a Third Kind, of Gospelers, called Brownists. Who, being directed, by the great Fervour, of the Unholy Ghost, do expressly affirm, that the Protestanticall Church of England, is not gathered, in the name of Christ, but of Antichrist: And that, if the Prince, or Magistrate, under her, do refuse, or defer, to reform the Church, the people may, without her Consent, take the Reformation, into their own Hands: And hereto, he addeth, the Fanatical Pageant of Hacket: And this is the Effect, of this Accusation, in this point. For Answer whereunto; First, it must be remembered, that the Church of God, hath been, in all Ages, subject to Contentions, and Schisms. The Tares were not sown, but where the Wheat was sown before. Our Saviour Christ, delivereth it, for an Ill Note, to have Outward Peace, Saying; When a strong Man, is in possession, of the House, (meaning the Devil,) all Things are in Peace. It is t●e Condition, of the Church, to be, ever, under Trials: And there are, but Two Trials: The one, of Persecution; The other, of Scandal, and Contention: And when the One ceaseth, the other succeedeth: Nay, there is scarce, any one Epistle, of St. Paul's, unto the Churches, but containeth● some Reprehension, of unnecessary, & Schismatical, Controversies. So likewise, in the Reign, of Constantine the Great, after the time, that the Church, had obtained Peace's from persecution, straight entered, sundry Questions, and Controversies, about no less Matters, than the Essential Parts, of the Faith, and the High Mysteries of the Trinity. But Reason teacheth us, that in Ignorance, and Employed Belief, it is easy, to agree, as Colours agree in the Dark: Or if any Country decline into Atheism, than Controversies, wax dainty, because Men do think Religion, scarce worth, the Falling out for: So as, it is weak Divinity, to account Controversies, an ill Sign, in the Church. It is true, that certain Men, moved with an inconsiderate Detestation, of all Ceremonies, or Orders, which were in use, in the time, of the Roman Religion; (As if, they were, without difference, superstitious, or polluted;) And led, with an affectionate Imitation, of the Government, of some Protestant Churches, in Foreign States; Have sought, by Books, and Preaching, indiscreetly, and sometimes undutifully, to bring in, an Alteration, in the Extern Rites, and Policy, of the Church; But neither, have the Grounds, of the Controversies, extended unto any Point of Faith; Neither hath the Pressing, and Prosecution, exceeded, in the generality, the Nature of some Inferior Contempts; So as, they have been, far from Heresy, and Sedition; And therefore, rather Offensive, then Dangerous, to the Church, or State. And as for Those, which we call Brownists, being, when they were at the most, a very small Number, of very silly, and base, people, here and there, in Corners, dispersed; They are now, (thanks be to God,) by the good Remedies, that have been used, suppressed, and worn out; So as, there is scarce, any News of them. Neither, had they been, much known, at all, had not Brown, their Leader, Written a Pamphlet; Wherein, as it came into his Head, he inveighed more, against Logic, and Rhetoric, then against the State, of the Church; (which Writing was much read;) And had not, also, one Barrow, (being a Gentleman, of a good House, but one that lived in London, at Ordinaries; And there learned, to argue, in Table-Talk; And so, was very much known, in the City, and abroad;) made a Leap, from a vain, and Libertine, youth, to a preciseness, in the Highest Degree; The strangeness, of which Alteration, made him very much spoken off; The Matter, might long before, have breathed out. And here I note, an Honesty, and Discretion, in the Libeler, which I note, no where else; In that, he did forbear, to lay, to our charge, the Sect, of the Family of Love: For about 12. years since, there was creeping, in some secret places, of the Realm, indeed, a very great Heresy, derived from the Dutch, and named, as before was said: which since, by the good Blessing of God, & by the good strength, of our Church, is banished, and Extinct. But so much we see, that the Diseases, wherewith our Church hath been visited, whatsoever these Men say, have, either, not been, Malign, and Dangerous; Or else, they have been as Blisters, in some small Ignoble part of the Body, which have soon after fallen, and gone away. For such also, was the Phrenetical, and Fanatical, (For I mean not to determine it,) Attempt of Hackett; Who must needs have been thought, a very Dangerous Heretic, that could never get, but two Disciples; And those, as it should seem, perished in their Brain; And a Dangerous Commotioner, that in so great, and populous, a City, as London is, could draw, but those same two Fellow●, whom the People, rather laughed at, as a May game, than took a●y heed, of what they did, or said: So as it was very true, that an honest Poor Woman said, when she saw Hackett, out of a Window, pass to his Execution: Said she to herself; It was foretold, th●t, in the latter days, there should come those, that have deceived many; but, in faith, thou hast deceived, but a Few. But it is manifest Untruth, which ●he Libeler, setteth down, that there hath been no Punishment, done upon those, which, in any, of the foresaid kinds, have broken the Laws, and disturbed, the Church, and State; And that the Edge of the Law, hath been, only, turned, upon the pretended Catholics: For the Examples are very many, where, according to the Nature, and Degree, of the Offence, the Correction of such Offenders, hath not been neglected. These be the great Confusions, whereof he hath accused our Church; which I refer, to the Judgement, of an indifferent, and understanding, person, how true they be: My Meaning is not, to blanche, or excuse, any Fault of our Church; Nor, on the other side, to enter into Commemoration, how flourishing it is, in Great, and Learned Divines; or painful, and excellent Preachers: Let Man, have the Reproof, of that, which is amiss, and God, the Glory, of that, which is good. And so much, for the First Branch. In the Second Branch, He maketh great Musters, and Shows, of the strength, and Multitude, of the Enemies, of this State; Concerning the Foreign Enemies of this State. Declaring, in what evil Terms, and Correspondence, we stand, with Foreign States; And how desolate, and destitute, we are, of Friends, and Confederates● Doubting● belike, how he should be able, to prove, and justify his Assertion, touching the present Miseries: And therefore, endeavouring, at the least, to maintain; That the good Estate, which we enjoy, is yet, made somewhat bitter, by reason, of many Terrors, and Fears. Whereupon, entering into Consideration, of the Security, wherein, not by our own Policy, but by the good Providence, and Protection, of God, we stand at this Time; I do find it, to be a Security, of that Nature, and Kind, which Iphicrates, the Athenian, did commend; who being, a Commissioner, to treat, with the State of Sparta, upon Conditions of Peace; And hearing, the other side, make many Propositions, touching Security; Interrupted them, and told them; There was but one manner of Security, whereupou the Athenians could rest; which was, if the Deputies of the Lacedæmonians, could make it plain unto them, that after these and these things parted withal, the Lacedæmonians should not be able, to hurt them, though they would. So it is with us; As we have not, justly provoked, the Hatred, or Enmity, of any other State; so, howsoever that be, I know not, at this time, the Enemy, that hath the Power, to offend us, though he had the Will. And whether, we have given, just Cause of Quarrel, or Offence, it shall be afterwards touched, in the feurth Article; Touching the true Causes, of the Disturbance of the Quiet, of Christen●ome; As far, as it is fit, to justify the Actions, of so High a Prince, upon the Occasion, of such a Libel, as this. But now, concerning the Power, and Forces, of any Enemy, I do find, that England, hath sometimes apprehended with Jealousy, the Confederation, between France and Scotland: The one, being upon the same Continent that we are, and breeding, a Soldier, of Puissance, and Courage, not much differing from the English; The other, a Kingdom very Opulent, and thereby able, to sustain Wars, though at very great Charge; And having a brave Nobility; And being a Near Neighbour. And yet, of this Conjunction, there never came, any Offence, of Moment. But Scotland, was ever, rather used by France, as a Diversion, of an English Invasion, upon France, then as a Commodity, of a French Invasion, upon England. I confess also, that since the Unions, of the Kingdom of Spain: and during the time, the Kingdom of France, was in his Entire; A Conjunction, of those two potent Kingdoms, against us, might have been, of some Terror to us. But now it is evident, that the State of France is such, as both those Conjunctions, are become Impossible: It resteth, that either Spain, with Scotland, should offend us, or Spain alone; For Scotland, (thanks be to God,) the Amity, and Intelligence, is so sound, and secret, between the the two Crowns; Being strengthened, by Consent in Religion, Nearness of Blood, and Continual good Offices, reciprocally, on either side; as the Spaniard himself, in his own Plot, ●hinketh it easier, to alter, and overthrow, the present State of Scotland, then to remove, and divide it, from the Amity of England. So, as it must be, Spain alone, that we should fear: which should seem, by reason, of his Spacious Dominions, to be, a great Over-match. The Conceit whereof, maketh me call to mind, the Resemblance, of an Ancient writer, in Physic; who labouring, to persuade, that a Physician, should not doubt, sometimes, to purge his Patient, though he see him very weak; Entereth into a Distinction, of Weakness, and saith; there is a Weakness of Spirit; and a Weakness of Body: The latter whereof, he compareth, unto a man, that were otherwise very strong, but had a great pack on his Neck: So great● as made him double again; So as one, might thrust him down, with his Finger: Which Similitude, and Distinction, both, may be fitly applied, to matter of State: For some States, are Weak, through want of Means; and some Weak, through Excess of Burden: In which rank, I do place, the State of Spain, which having, outcompassed itself in embracing too much; And being, itself, but a barren Seedplot of Soldiers; And much Decayed, and Exhausted, of Men, by the Indies, and by continual wars: and, so to the State of their Treasure, being indebted, and engaged, before such times, as they waged, so great Forces in France; (And therefore, much more since;) Is not, in brief, an Enemy to be feared, by a Nation, Seated, Manned, Furnished, and Pollyced, as is England. Neither, is this spoken by guess; For the Experience, was Substantial enough, and of Fresh Memory, in the late Enterprise of Spain, upon England: What Time, all that Goodly Shipping, which, in that Voyage, was consumed, was Complete; what Time, his Forces, in the Low Countries, was also full, and Entire, which now, are wasted, to a fourth part: What time also, he was not entangled, with the Matters of France; But was, rather like to receive Assistance, than Impediment, from his Friends there; In respect, of the great Vigour, wherein the League, than was, (while the Duke of Guise then lived: and yet, nevertheless, this great preparation, passed away like a Dream. The Invincible Navy, neither took, any one Bark of ours; Neither yet, once offered, to land; But after, they had been well Beaten, and Chased, made a Perambulation, about the Northern Seas; Ennobling, many Coasts, with Wracks, of Mighty ships; and so, returned home, with greater Derision, than they set forth, with Expectation. So as, we shall not need, much Confederacies, and Succours; (which, he saith, we want, for the breaking, of the Spanish Invasion;) No, though the Spaniard, should nestle in Britain, and supplant the French, and get some Port-Townes into their hands there, (which is yet far off;) yet, shall he, never, be, so commodiously seated, to annoy us, as if he had kept, the Low-Countries; And we shall rather fear Him, as a wrangling Neighbour, that may Trespass, now and then, upon some Straggling ships of ours, then as an Invader. And as for our Confederacies, God hath given us, both Means, and Minds, to tender, and relieve, the States, of others. And therefore, our Confederacies, are rather of Honour, than such as we depend upon. And yet, nevertheless the Apostatas, and Huguenots, of France, on the one part; (For so he termeth, the whole Nobility, in a manner, of France; Among the which, a great part, is of his own Religion; which maintain the clear, and unblemished Title, of their Lawful, and Natural King, against the seditious popular;) And the Beere-Brewers, and Basket-makers', of Holland, and Zealand, (As he also terms them) on the other, have, almost, banded away, between them, all the Duke of Parma's Forces: And, I suppose, the very Mines, of the Indies, will go low, or ever the one be Ruined, or the other recovered. Neither, again, desire we, better Confederacies, and Leagues, than Spain itself, hath provided for us: Non enim verbis faedera confirmantur, sed jisdem utilitatibus: We know, to how many States, the King of Spain, is odious, and suspected; And for ourselves, we have incensed none, by our Injuries; Nor made, any Jealous, of our Ambition: These are, in Rules of Policy, the Firmest Contracts. Let thus much be said, in Answer, of the Second Branch, concerning the Number, of Exterior Enemies: Wherein, my Meaning, is nothing less, then to attribute, our Felicity, to our Policy; Or to nourish ourselves, in the Humour of Security. But, I hope, we shall depend upon God, and be vigilant; And then, it will be seen, to what end, these False Alarms will come. In the Third Branch, of the Miseries of England, he taketh upon him, to play the Prophet, as he hath, in all the rest, played the Poet: And will needs Divine, or Prognosticate, the great Troubles, whreunto this Realm shall fall, after her Majesty's Times: As if he, that hath so singular a Gift, in Lying, of the present Time, and Times past, had, nevertheless, an extra-ordinary Grace, in telling Truth, of the Time to come: Or as if, the Effect, of the Pope's Curses, of England, were, upon better Advice, adjourned, to those days. It is true, it will be Misery enough, for this Realm, (whensoever it shall be,) to lose, such a Sovereign: But for the rest, we must repose ourselves, upon the good pleasure, of God: So it is, an unjust Charge, in the Libeler, to impute, an Accident of State, to the Fault, of the Government. It pleaeth God, sometimes, to the end, to make Men depend, upon him, the more, to hide, from them, the clear sight, of future Events; And to make them, think, that full of Uncertainties, which proveth, Certain, and Clear: And, sometimes, on the other side, to cross men's expectations, and to make them, full of Difficulty, and Perplexity, in that, which they thought, to be Easie, and Assured. Neither is it, any New Thing, for the Titles, of Succession, in Monarchies, to be, at Times, less, or more declared. King Sebastian, of Portugal, before his Journey into Africa, declared no Successor. The Cardinal, though he were of extreme Age, and were much importuned, by the King of Spain, and knew, directly, of 6. or 7. Competitors, to that Crown; yet he rather established, I know not, what Interims, then decided the Titles, or designed any certain Successor. The Dukedom of Ferrara, is, at this Day, after the Death, of the Prince, that now liveth, uncertain, in the point of Succession: The Kingdom of Scotland, hath declared no Successor. Nay, it is very rare, in Hereditary Monarchies, by any Act of State, or any Recognition, or Oath of the People, in the Collateral Line, to establish a Successor. The Duke of Orleans, succeeded, Charles the 8th. of France, but was never declared, Successor, in his time. Monsieur d' Angoulesme, also succeeded him, but without any Designation. Sons of Kings, themselves, oftentimes, through desire to reign, and to prevent their Time, wax dangerous to their Parents: How much more, Cousens, in a more Remote Degree? It is lawful, no doubt, and Honourable, if the Case require, for Princes, to make an establishment. But, as it was said, it is rarely practised, in the Collateral Line. Trajan, the best Emperor of Rome, of an Heathen, that ever was; At what time, the Emperors, did use, to design Sucessours; Not so much, to avoid, the Uncertainty of Succession, as to the end, to have Participes Curarum, for the present Time, because their Empire, was so vast; At what Time also, Adoptions were in use, and himself had been Adopted, yet never designed a Successor, but by his Last Will, and Testament; Which also, was thought, to be suborned by his Wife Plotina, in the Favour, of her Lover, Adrian. You may be sure; That nothing hath been done, to prejudice the Right; And there can be, but one Right. But one thing, I am persuaded of, that no King of Spain; nor Bishop of Rome, shall umpire, nor promote, any Beneficiary, or Feodatory, King, as as they designed to do; Even when the Scottish Queen lived, whom they pretended to cherish. I will not retort, the matter of Succession upon Spain, but use that Modesty, and Reverence, that belongeth, to the Majesty, of so great a King, though an Enemy. And so much, for this Third Branch. The Fourth Branch, he maketh to be, touching the Overthrow, of the Nobility; And the Oppression, of the People: wherein, though he may, percase, abuse, the Simplicity, of any Foreigner; yet to an English Man, or any, that heareth, of the present Condition, of England, he will appear, to be a Man, of singular Audacity, and worthy to be employed, in the defence of any Paradox. And surely, if he would needs, have defaced, the general State of England, at this time, he should, in wisdom, rather have made, some Friarly Declamation, against the Excess of Superfluity, and Delicacy of our Times; then to have insisted, upon the Misery, and Poverty, and Depopulation, of the Land; as may sufficiently appear, by that which hath been said. But nevertheless, to follow this Man, in his own steps: First, concerning the Nobility: Concerning the State of the Nobility. It is true, that there have been, in Ages past, Noblemen, (as I take it,) both of greater Possessions, and of greater Command, and Sway, than any are, at this day. One Reason, why the possessions are less, I conceive to be, because certain Sumptuous Veins, and Humours of Expense; (As Apparel, Gaming, Maintaining of a kind of Followers, and the like;) Do reign, more, than they did, in times past. Another Reason is, because Noblemen, now a days, do deal better, with their younger Sons, than they were accustomed to do, heretofore; whereby, the principal House, receiveth many Abatements. Touching the Command, which is not, indeed, so great, as it hath been, I take it, rather, to be a Commendation of the Time, than otherwise: For Men, were wont, factiously, to Depend upon Noblemen; whereof ensued, many Partialities, and Divisions, besides much Interruption of justice, while the great Ones, did seek to bear out Those, that did depend upon them. So as the Kings of this Realm, finding, long since, that kind of Commandment, in Noblemen, Unsafe unto their Crown, and Inconvenient unto their People, thought meet, to restrain the same, by Provision of Laws: whereupon grew the Statute of Retainers: So as men, now, depend upon the Prince, and the Laws, and upon no other: A Matter, which hath also a Congruity, with the Nature; of the Time; As may be seen in other Countries; Namely in Spain, where their Grandees, are nothing so Potent, and so absolute, as they have been, in Times past. But otherwise, it may be truly affirmed, that the Rights, and preeminences, of the Nobility, were, never, more duly, and exactly, preserved unto them, than they have been, in her Majesty's Times; The Precedence of Knights, given to the younger Sons of Barons; No Subpena's, awarded against the Nobility, out of the Chancery, but Letters; No Answer upon Oath, but upon Honour; Besides, a Number of other Privileges, in Parliament, Court, and Country. So likewise, for the Countenance of her Majesty, and the State, in Lieutenancies, Commissions, Offices, and the like, there was never, a more Honourable, and Graceful, Regard, had of the Nobility; Neither was there, ever, a more Faithful Remembrancer, and exacter, of all these particular preeminences, unto them; Nor a more Diligent Searcher, and Register, of their Pedigrees, Alliances, and all Memorials, of Honour, than that MAN, whom he chargeth, to have overthrown the Nobility; Because, a few of them, by immoderate Expense, are decayed, according to the Humour of the time, which he hath not been able, to resist, no not, in his own House. And as for Attainders, there have been, in 35 years, but Five, of any of the Nobility, whereof, but Two, came to Execution, and one of them, was accompanied, with Restitution of Blood, in the Children: Yea, all of them, except Westmoreland, were such, as whether it were, by Favour of Law, or Government, their Heirs have, or are like to have, a great Part of their Possession. And so much, for the Nobility. Concerning the State o● the Common sub●ect. Touching the Oppression, of the People, he mentioneth four points. 1. The Consumption, of People, in the Wars. 2. The Interruption, of Traffic. 3. The Corruption, of justice.. 4. The Multitude, of Taxations: Unto all which points, there needeth no long Speech. For the first, (thanks be to God;) the Benediction of Crescite and Multiplicamini, is not so weak, upon this Realm of ●ngland, but The Population thereof, may afford, such Loss of Men, as were sufficient, for the Making our late Wars; and were, in a perpetuity, without being seen, either in City, or Country. We ●ead, that when the Romans, did take Cense, of their People, whereby the Citizens, were numbered, by the Poll, in the beginning of a great War, and afterwards, again, at the ending, there, sometimes, wanted a Third Part, of the Number: But let our Muster Books be perused, (those, I say, that certify, the Number, of all Fight Men, in every Shire,) of vicesimo of the Queen; At what time, except a Handful of Soldiers, in the Low Countries, we expended no Men in the Wars; And now again, at this present time, & there will appear, small Diminution. There be many Tokens, in this Realm, rather of Press, and Surcharge, of People, then of Want, and Depopulation, which were before recited. Besides, it is a better Condition, of Inward Peace, to be accompanied, with some Exercise, of no Dangerous War, in Foreign parts, then to be, utterly, without Apprentisage, of War; whereby, People grow Effeminate, and unpractised, when Occasion shall be. And it is, no small strength, unto the Realm, that in these Wars of Exercise, and not of Peril, so many of our People, are trained; And so many, of our Nobility, and Gentlemen, have been made, Excellent Leaders, both by Sea, and Land. As for that he objecteth, we have no Provision, for Soldiers, at their Return; Though that Point, hath not been, altogether neglected; yet I wish, with all my Heart, that it were more Ample, than it is; Though, I have read, and heard, that in all Estates, upon cashiering, and Disbanding, of Soldiers, many have endured Necessity. For the Stopping of Traffic, as I referred myself, to the Muster-Books, for the First; So I refer myself, to the Custome-Books, upon this; which will not lie; And do make Demonstration, of no Abatement, at all, in these last years, but rather of Rising, and Increase. We know, of many in London, and other places, that are, within a small time, greatly come up, and made Rich, by Merchandizing: And a Man, may speak, within his Compass, and affirm; That our Prizes, by Sea, have countervailed, any Prizes, upon us. And as to the justice, of this Realm, it is true, that Cunning, and Wealth, have bred, many Suits, and Debates, in Law: But let those Points be considered: The Integrity, and Sufficiency, of those, which supply, the judicial places, in the Queen's Courts; The good Lawe●, that have been made, in her Majesty's time, against Informers, and Promoters; And for the bettering of Trials; The Example, of Severity, which is used, in the Star-chamber, in oppressing Forces, and Frauds; The Diligence, and Stoutness, that is used, by justices of Assizes, in Encountering, all Countenancing, and Bearing of Causes, in the Country, by their Authorities, and Wisdom; The great Favours, that have been used, towards Copyholders', and Customary Tenants, which were, in ancient times, merely, at the Discretion, and Mercy, of the Lord; And are now, continually, relieved, from hard Dealing, in Chancery, and other Courts of Equity: I say, let these, and many other Points, be considered; and Men will, worthily, conceive, an Honourable Opinion, of the justice, of England. Now to the Points, of Levies, and Distributions, of Money, which he calleth Exactions. First, very coldly, he is not abashed, to bring in, the Gathering, for Paul's Steeple, and the Lottery Trifles: Whereof, the former, being but a Voluntary Collection, of that, Men were freely disposed, to give, never grew, to so great a Sum, as was sufficient, to finish the Work, for which it was appointed: And so, I imagine, it was converted, into some other use; like to that Gathering, which was, for the Fortifications of Paris, save that, the Gathering, for Paris, came, to a much greater, though, (as I have heard,) no competent Sum. And for the Lottery, it was but a Novelty, devised, and followed, by some particular persons, and only allowed by the State, being as a Gain of Hazzard: Wherein, if any Gain was, it was, because many Men, thought Scorn, after they had fallen, from their greater hopes, to fetch their odd Money. Then he mentioneth Loans, and Privy Seals; Wherein, he showeth great Ignorance, and Indiscretion, considering the Payments, back again, have been, very Good, and Certain; And much, for her Majesty's Honour. Indeed, in other Prince's Times, it was not wont, to be so: And therefore, though the Name, be not so pleasant, yet the Use of them, in our Times, have been, with small Grievance. He reckoneth also, new Customs upon clothes, and new Impost upon Wines. In that of clothes, he is deceived; For the ancient Rate of Custom, upon clothes was not raised, by her Majesty, but by Queen Mary, a Catholic Queen: And hath been, commonly, continued by her Majesty; Except, he mean, the Computation, of the odd yards, which, in strict Duty, was ever answerable; Though the Error, were but lately, looked into, or rather, the Toleration, taken away. And to that of Wines, being a Foreign Merchandise, and but a Delicacy, and of those which might be forborn, there hath been, some Increase of Imposition, which can rather make, the Price of Wine Higher, ●hen the Merchant poorer. Lastly, touching the Number of Subsidies, it is true, that her Majesty, in respect, of her great Charges, of her Wars, both by Sea, and Land, against such a Lord of Treasure, as is the King of Spain: Having, for her part, no Indies, nor Mines; And the Revenues, of the Crown, of England, being such, as they less grate, upon the People, than the Revenues, of any Crown, or State in Europe; Hath, by the Assent, of Parliament, according to the ancient Customs, of this Realm, received, divers Subsidies, of her People; which, as they have been employed, upon the Defence, and preservation, of the Subject; Not upon Excessive Buildings, nor upon Immoderate Donatives, Nor upon Triumphs and Pleasures; Or any the like veins, of Dissipation, of Treasure; which have been Familiar, to many Kings: So have they been yielded, with great good will, and cheerfulness; As may appear, by other kinds of Benevolence, presented to her, likewise, in Parliament; which her Majesty, nevertheless, hath not put in Ure. They have been Taxed also, and Asseissed, with a very Light, and Gentle Hand; And they have been spared, as much, as may be; As may appear, in that, her Majesty, now twice, to spare the Subject, hath sold, of her own Lands. But he, that shall look, into other Countries, and con●ider the Taxes, and Tallages, and Impositions, and Assizes, and the like, that are every where in use; Will find, that the English Man, is the most Master, of his own Valuation, and the least bitten in his Purse, of any Nation, of Europe. Nay, even at this Instant, in the Kingdom of Spain, notwithstanding the pioneers, do still work, in the Indian Mines, the Jesuits, most, play the pioneers, and Mine, into the Spaniards Purses; And under the Colour, of a Ghostly Exhortation, contrive the greatest Exaction, that ever was, in any Realm. Thus much, in Answer, of these Calumniations, I have thought good to note, touching the present state, of England: which state is such, that whosoever, hath been, an Architect, in the Frame thereof, under the Blessing of God, and the Virtues of our Sovereign, needed not, to be ashamed, of his Work. 3. Of the Proceedings, against the pretended Catholics; Whether they have been Violent, or Moderate, and Necessary. I Find, her Majesty's Proceedings, generally, to have been grounded, upon two Principles: The one; That Consciences, are not to be Forced, but to be Won, and reduced, by the Force of Truth, by the Aid of Time, and the Use, of all good Means, of Instruction, or Persuasion. The other; That Causes of Conscience, when they exceed their Bounds, and prove to be Matter of Faction, lose their Nature; And that Sovereign Princes, aught, distinctly, to punish the Practice, or Contempt, though coloured, with the Pretences, of Conscience, and Religion. According to these two Principles, her Majesty, at her Coming, to the Crown, utterly disliking, of the Tyranny, of the Church of Rome, which had used, by Terror, and Rigour, to seek Commandment, over men's Faiths, and Consciences, Although, as a Prince, of great Wisdom, and Magnanimity, she suffered, but the Exercise of one Religion, yet her Proceedings, towards the Papists, was with great Lenity; Expecting the good Effects, which Time might work in them. And therefore, her Majesty, revived not the Laws, made in 28º, and 35º, of her Father's Reign; Whereby, the Oath of Supremacy, might have been, offered, at the King's Pleasure, to any Subject, though he kept his Conscience, never so modestly to himself; And the Refusal, to take the same Oath, without Further Circumstance, was made Treason: But, chose, her Majesty, not liking, to make Windows, into men's Hearts, and Secret Thoughts, Except the Abundance of them, did overflow, into Ouvert, and Express, Acts, and Affirmations; Tempered her Law so, as it restraineth, only manifest Disobedience, in impugning, and impeaching, advisedly, and ambitiously, her Majesty's supreme pour; And Maintaining, and Extolling, a Foreign jurisdiction. And as ●or the Oath, it was altered, by her Majesty, into a more grateful Form; the Harshness, of the Name, and Appellation, of Supreme Head was removed; And the Penalty, of the Refusal thereof, ●urned, into a Disablement, to take any Promotion, or to exercise any charge; And yet that, with a Liberty, of being Revested, therein, if any Man shall accept thereof, during his Life. But after many years' Toleration, of a Multitude, of Factious Papists; When Pius Quintus, had Excommunicated her Majesty; And the Bill, of Excommunication, was published in London; Whereby, her Majesty, was, in a sort, proscribed, and all her Subjects, drawn, upon pain of Damnation, from her Obedience; And that, ther● upon, as upon a Principal Motive, or Preparative, followed, the Rebellion, in the North; yet, notwithstanding, because many, of those Evil Humours, were, by that Rebellion, partly, purged; And that she feared, at that time, no Foreign Invasion; And much les●, the Attempts, of any, within the Realm, not backed, by some Foreign Succours, from without; she contented herself, to make a Law, against that special Case, of Bringing in, or publishing, of Bulls, or the like Instruments: Whereunto was added, a Prohibition, not upon Pain of Treason, but of an Inferior Degree of punishment, against bringing in, of Agnus Dei's, Hallowed Beads, and such other Merchandise, of Rome; As are well known, not to be any Essential Part of the Roman Religion; but only to be used, in practice, as Love-Tokens, to enchant, and bewitch, the people● Affections, from their Allegiance, to their Natural Sovereign. In all other Points, her Majesty continued● her former Leni●y. But, when about the 20th. year of her Reign, she had discovered, in the King of Spain, an Intention, to Invade her Dominions; And that a principal Point, of the Plot, was, to prepare, a Party, within the Realm, that might adhere to the Foreigner: And that the Seminaries, began to blossom, and to send forth, daily, Priests, and professed Men, who should, by vow, taken at Shrif●, reconcile her Subjects, from her Obedience; yea, and bind, many of them, to attempt, against her Majesties, Sacred Person; And tha●, by the Poison they spread, the Humours, of most Papists, were altered; And that, they were no more Papists in Custom, but P●pists, in Treasonable Faction: Then were there, New Laws made, fo● the punishment of such, as should submit themselves, to Reconcilements, or Renunciations, of Obedience. For it is to be understood, that this Manner of Reconcilement, in Confession, is of the same Nature, and Operation, that the Bull, itself, was of, with this only difference; That whereas, the Bull, assoiled the Subjects, from their Obedience, at once, the other doth it, one by one. And therefore it is, both more Secret, & more Insinuative, into the Conscience, being joined with no less Matter, than an Absolution, from Mortal Sin. And because, it was a Treason, carried in the Clouds, and in wonderful Secrecy, and came seldom to Light; And that there was no Presumption, thereof so great, as the Recusants, to come to Divine Service, because it was set down, by their Decrees; That to come to Church, before Reconcilement, was to live in Schism; but to come to Church, after Reconcilement, was, absolutely, Heretical, and Damnable. Therefore there were added new Laws, containing a Punishment pecuniary, against the Recusants; Not to enforce Consciences, but to Enfeeble those, of whom it rested Indifferent, and Ambiguous, whether they were reconciled, or no? For there is no doubt, but if the Law, of Recusancy, (which is challenged, to be so Extreme, and Rigorous,) were thus qualified; That any Recusant, that shall, voluntarily, come in, and take his Oath, that He, or She, were never reconciled, should, immediately, be discharged, of the Penalty, and Forfeiture, of the Law; They would be so far, from liking well, of that Mitigation, as they would cry out, it was made to entrap them. And when, notwithstanding, all this provision, this Poison was dispersed so secretly, as that there was no Means to stay it, but to restrain the Merchants, that brought it in; Then was there lastly added, a Law, whereby such Seditious Priests, of the New Erection, were exiled; And those, that were, at that time, within the Land, shipped over; And so commanded, to keep hence, upon Pain, of Treason. This hath been the Proceeding, with that Sort, though intermingled, not only, with sundry Examples, of her Majesty's Grace, towards such, as, in her wisdom, she knew to be Papists, in Conscience, and not in Faction; But, also, with an extraordinary Mitigation, towards the Offenders, in the Highest Degree, convicted by Law, if they would protest: That, in Case, this Realm, should be invaded, with a Foreign Army, by the Pope's Authority, for the Catholic Cause, (as they term it,) they would, take part, with her Majesty, and not adhere, to her enemies. And whereas he saith, no Priest dealt in matter of State, (Ballard only excepted,) it appeareth by the Records, of the Confession, of the said Ballard, and sundry other Priests; That all Priests, at that time, generally, were made acquainted, with the Invasion then intended, and afterwards put in Act; And had received Instructions, not only, to move an Expectation, in the People, of a Change; But also, to take their Vows, and Promises, in Shrift, to adhere to the Foreigner. Insomuch, that one, of their Principal Heads, vaunted himself, in a Letter, of the Devise, sayings That it was a Point, the Counsel of England, would never dream of; Who would imagine, that they should practise, with some Nobleman, to make him Head, of their Faction; whereas they took a Course, only, to deal, with the People; And them so severally, as any One apprehended, should be able to appeal, no more than Himself, except the Priests; who, he knew, would reveal nothing, that was uttered in Confession. So Innocent, was this Princely, Priestly, Function, which thi● Man taketh, to be, but a matter of Conscience; and thinketh it Reason, it should have free Exercise, throughout the Land. 4. Of the Disturbance, of the Quiet, of Christendom; And, to what Causes, it may be justly assigned. IT is indeed a Question, (which those, that look into Matters of State, do well know, to fall out very often; though this Libeler, seemeth to be more ignorant thereof;) whether the Ambition of the more Mighty State, or the jealousy, of the Less Mighty State, be to be charged, with Breach of Amity. Hereof, as there be many Examples, so there is one, so proper, unto the present Matter; As though it were, many years since, yet it seemeth, to be a Parable, of these Times; and namely, of the Proceedings, of Spain, and England. The States, Then, which answered, to these two, Now, were Macedon, and Athens. Consider therefore the Resemblance, between the two Philips, of Macedon, and Spain. He of Macedon, aspired, to the Monarchy, of Greece, as He of Spain, doth, of Europe: But more apparently than the First; Because, that Design, was discovered in his Father, Charles' the fifth, and so left him by Descent: whereas Philip of Macedon, was the first, of the Kings, of that Nation, which fixed, so great Conceits, in his Breast. The Course, which this King, of Macedon, held, was not, so much, by great Armies, and Invasions; (Though these wanted not, when the Case required;) But by Practice; By sowing, of Factions, in States, and by Obliging, sundry particular persons, of Greatness. The State of Opposition, against his Ambitious proceedings, was only the State of Athens, as now is, the State of England, against Spain. For Lacedaemon and Thebes, were both low, as France is now; And the rest, of the States of Greece, were, in Power, and Territories, far inferior. The People of Athens, were exceedingly, affected to Peace; And weary of Expense. But the Point, which I chiefly make the Comparison, was, that of the Orators, which were, as Counselors, to a Popular State; Such as were sharpest fighted, and looked deepest, into the Projects, and and spreading, of the Macedonians, (doubting still, that the Fire, after it licked up, the Neighbour States, and made itself Opportunity to pass, would at last, take hold, of the Dominions, of Ath●ns, with so great Advantages, as they should not be able to remedy it;) were ever charged, both by the Declarations, of the King of Macedon, and by the Imputation, of such Athenians, as were corrupted, to be of his Faction, as the Kindlers of Troubles, and Disturbers, of the Peace, and Leagues: But, as that Party, was, in Athen●, too Mighty, so as it discountenanced, the true Counsels, of the Orators; And so bred, the Ruin, of that St●te; And accomplished● the Ends, of that Philip: So, it is to be hoped, that i● a Monarchy, where there are, commonly, better Intelligences, and Resolutions, then in a popular State, those Plots, as they are detected already, So they will be resisted, and made Frustrate. But, to follow the Libeler, in his own Coarse, the Sum, of that, which he delivereth, concerning the Imputation; As well, of the Interruption, of the Amity, between the Crowns, of England, and of Spain; As the Disturbance, of the general Peace, of Christendom; Unto the English Proceedings, and not, to the Ambitious Appetites of Spain, may be reduced, into Three Points. 1. Touching the P●oceeding, of Spain, and England, towards their Neighbour States. 2. Touching the Proceeding, of Spain, and England between themselves. 3. Touching the Articles, and Conditions, which it pleaseth him, as it were, in the behalf of England, to Pen, and propose, for the treating, and Concluding, o● an Universal Peace. In the First, he discovereth, how the King, of Spain, n●●er offered Molestation; Neither, unto the States of Italy, upon which he confineth, by Naples, and Milan; Neither, unto the States of ●ermany, unto whom ●e confineth, by a part of burgundy, and the Low-Countries; Nor unto Portugal, till it was devolved, to him, in Title, upon which he confine●h, by Spain: But, chose, as one, that had, in precious rega●d, the Peace of Christendom, he designed, from the beginning, to turn his whole Forces, upon the Turk. O●ely, he confesseth, that agreeable to his Devotion, which apprehended, as well the purging of Christendom, from Heresies, as the Enlarging thereof, upon the Infidels; He was ever ready, to give Succours, unto the French King's, against the Huguonotts, especially being their own Subjects; Whereas, on the other side, England, (as he affirmeth,) hath not only sowed, Trouble's, and Dissensions, in France, and Scotland; (The one, their Neighbour, upon the Continent; The other, divided, only, by the Narrow Seas;) But also, hath actually invaded both Kingdoms. For, as for the Matters, of the Low-Countries, they belong to the Dealings, which have passed by Spain. In Answer whereof, it is worthy the Consideration, how it pleased God, in th●t King, to cross, one Passion, by another; And namely, that Passion, which might have proved dangerous, unto all europe (which was his Ambition,) by another, which was only hurtful to himself, and his own; Which was, Wrath, and Indignation, towards his Subjects, the Netherlands. For after that, he was settled in his Kingdom, and freed from some Fear of the Turk; Revolving his Father's design, in aspiring to a Monarchy of europe; casting his Eye, principally, upon the two Potent Kingdoms, of France, and England; And remembering, how his Father, had once promised unto himself, the Conquest of the one; And how himself, by Marriage, had, lately, had some Possession of the other; And seeing, that Diversity, of Religion, was entered, into both these Realms; And that France, was fallen unto Princes weak, and in Minority; And England, unto the Government of a Lady, In whom, he did not expect, that Policy, of Government, Magnanimity, & Felicity, which since he 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 show, should seem unproper, to make a Party for a Foreigner. But he foresaw well enough, that the King of France, should be forced, (to the end, to retain Peace, and Obedience,) to yield, 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 ●or an Instrument,) would, in the end, make a Party for him against, the State, as since, it proved, and might 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 Situation, in respect of France; having goodly Frontier Towns, upon that Realm; And joining, also, upon Germany, whereby they might receive in, at Peasure, any Forces, of Almains; To annoy, and offend, either Kingdom. The Impediment was, the Inclination of the People; which receiving, a wonderful Commodity, of Trades, out of both Realms, especially of England; And having been, in ancient League, and Confederacy, with our Nation; And having been, also, Homagers unto ●rance; He knew, would be, in no wise, disposed, to either War. Whereupon, he resolved, to reduce them, to a Martial Government; Like unto that, which he had established in Naples, and Milan; upon which suppression of their Liberties, ensued the Defection, of those Provinces. And about the same time, the Reformed Religion, found entrance, in the same Countries; So as the King, inflamed, with the Resistance, he found, in the first Part, of his Plots; And also, because, he might not dispense, with his other Principle, in yielding, to any Toleration, of Religion; And withal, expecting, a shorter work of it, than he found; Became, passionately bend, 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 straight 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, nevertheless, sunk in that Enterprise: whereby, he perceived, that the Nation, was, of too strong a Composition, for him, to deal withal: Though, not long since, by practice, he could have been contented, to snatch up, in the East, the Country 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, i● 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 young King S●bastian, in the Voyage of Africa, expecting that overthrow which followed. As for his Intention, to war upon the Infidel's, and Turks, it maketh me think, what Francis Guicciardive, a wise writer of History, speaketh, of his great Grand● Father; Making, a Judgement of him, as Historiographers use: That he did, always, mask, and vail, his Appetites, with a Demonstration, of a Devout, and Holy, Intention, to the Advancement, of the Church, and the Public Good. His Father, also, when he received Advertisement, of the taking of the French King, prohibited, all Ring, and Bonfires, and other Tokens of Joy, and said; Those were to be reserved, for Victories, upon Infidels; On whom, he meant, never, to war. Many a Cruzada, hath the Bishop of Rome, granted to him, and his Predecessors, upon that Colour; Which all, have been spent, upon the Effusion, of Christian Blood: And now, this year, the Levies of Germans, which should have been made, under hand, for France, were coloured, with the pretence, of War, upon the Turk; Which the Princes of Germany, descrying, not only broke the Levies, but threatened 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 choose, 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 Mortal War, 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 Spain's, proceedings, towards other States. Now for ours, And first, touching the Point, wherein, he charges us, to be the Authors, of Troubles, in Scotland, and France: It will appear to any, that have been well informed, of the Memo●i●s of these Affairs; That the Troubles, of those Kingdoms, were, indeed, chiefly kindled, by one, and the same Family, of the Guise: A Family, (as was partly touched before) as particularly devoted, now for many years together, to Spain, as the Order, of the I●sui●es, is. This House of Guise, ●aving, of late years, extraordinarily flourished, in the eminent Ver●ue, of a few Persons whose Ambition, nevertheless, was nothing inferior to their virtue; But being of a House, notwithstanding, which the Princes, of the Blood, of France, reckoned but as strangers; Aspired, to a Greatness, more than Civil, 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 Kingdom, under the Tyranny of Strangers, did pray, (according to the good Intelligence, between the two Crowns,) h●r Majesties Neigh ●ourly ●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 Noblemen of Scotland, of the same Faction of ●u●se; had, during the Minority of the King, possessed themselves, of his Person, to the end, to abuse his Authority, many ways; And namely, to make a Breach, between Scotland, and England, her Majesty's Forces, were again, in the year, 1582. by the Kings best, and truest Servants, sought, and required; And, with the Forces of her Majesty, prevailed so far, as to be possessed, of the Castle of Edinburgh, the principal part of that Kingdom; which, nevertheless, her Majesty, incontinently, with all Honour, and Sincerity, restored; After she had put the King, into good, and faithful, Hands; And so, ever since, in all the Occasions, of Intestine Troubles, whereunto that Nation hath been ever subject, she hath performed unto the King, all possible good Offices, and such, as he doth, with all good Affection, acknowledge. The same House of Cuise, under Colour of Alliance, during the Reign, of Francis the second, and by the Support, and pract●●●, of the Queen Mother; who desiring, to retain the Regency, under her own Hands during the Minority of Charles the ninth, used those of ●uise as a Counterpoise, to the Princes, of the Blood; obtained also, great Authority, in the Kingdom, of France; whereupon, having raised, and moved, Civil Wars, under pre●ence of Religion; But indeed, to enfeeble, and depress, the Ancient Nobility, of that Realm; The contrary Part, being compounded, of the Blood Royal, and the Greatest Officers, of the ●rown; opposed themselves, only, against their Insolency; And, to their Aides, called in, her Majesty's Forces, giving them, for security, the Town of New-Haven: which nevertheless, when as afterwards, having by the Reputation, of her Majesty's Confederation, made their Peace, in Effect, as they would themselves; They would, without observing any Conditions, that had passed, have had it back again; Then, indeed, it was held by force, and so had been long, but for the great Mortality, which it pleased God, to send amongst our Men. After which time, so far was her Majesty, from seeking, to sow, or kindle, New Troubles; As continually, by the Solicitation, of her Ambassadors, she still persuaded, with the Kings, both Charles' the 9th, and Hen. the 3d, to keep, and observe, their Edicts of Pacification, and to preserve their Authority, by the Union, of their Subjects: which Counsel, if it had been as happily followed, as it was prudently, and sincerely, given, France, had been, at this day, a most Flourishing Kingdom, which is now, a Theatre of Misery. And now, in the end, after that the Ambitious Practices, of the same House, of Guise, had grown to that Ripeness, that gathering further strength, upon the weakness, and Misgovernment, of the said King Hen. 3d; He was fain, to execute, the Duke of Guise, without Ceremony, at Bloys: And yet, nevertheless, so many Men were embarked, and engaged, in that Conspiracy, as the Flame thereof, was nothing assuaged; But, contrariwise, that King Hen. grew distressed, so as he was enforced, to implore, the Succours of England, from her Majesty; Though no way, interessed, in that Quarrel; Nor, any way, obliged, for any good offices, she had received of that King; yet she accorded the same. Before the Arrival of which Forces, the King, being, by a sacrilegious jacobine, murdered, in his Camp, near Paris, yet they went on, and came, in good time, for the Assistance, of the King, which now reigneth; The Justice of whose Quarrel, together with the long continued Amity, and good Intelligence, which her Majesty had with him, hath moved her Majesty, from time to time, to supply with great Aides; And yet, she never, by any Demand, urged upon him, the putting into her Hands, of any Town, or Place. So as, upon this, that hath been said, let the Reader judge, whether hath been, the more Just, and Honourable, Proceeding; And the more free, from Ambition, and Passion, towards other States; That of Spain, or that of England? Now, let us examine the proceedings, reciproque, between themselves. Her Majesty, at her Coming to the Crown, found her Realm, entangled, with the Wars of France, and Scotland, her nearest Neighbours: which Wars were grounded, only, upon the Spaniards Quarrel; But, in the pursuit of them, had lost England, the Town of Calais. Which, from the 21. year, of King Edward 3, had been possessed, by the Kings of England. There was a meeting near Bordeaux, towards the end, of Queen Mary's Reign, between the Commissioners, of France, Spain, and England; and some Overture, of Peace was made; But broke off, upon the Article, of the Restitution, of Calais. After Queen Mary's Death, the King of Spain, thinking himself, discharged, of that Difficulty, (though in ho●our, he was no less bound to it, than before,) renewed the like Treaty, wherein her Majesty concurred: so as the Commissioners, for the said Princes, met at Chasteau Cambra●ssi, near Cambray. In the proceedings, of which Treaty, it is true, that at the first, the Commissioners, of Spain, for form, and in Demonstration only, pretended to stand firm, upon the Demand of Callice● but it was discerned, indeed, that the Kings Meaning was, after ●ome Ceremonies, and perfunctory Insisting thereupon, to grow, apart, to a ●eace, with the French, excluding her Majesty; And so to leave her, to make her own Peace, after her People, Had made his Wars. Which Covert Dealing, being politicly looked into, her Majesty had reason, being newly invested in her Kingdom; And, of her own Inclination, being affected to Peace; To conclude the same, with such Conditions as she might: And yet, the King of Spain, in his Dissimulation, had so much Advantage, as she was fain, to do it, in a Treaty, apart, with the Fr●nch; whereby to one, that is not informed, of the Counsels, and Treaties of State, as they passed, it should seem to be, a voluntary Agreement, of her Majesty, whereto the King of Spain, would not be party, whereas, indeed, he left her no other choice. And this was the first Assay, or Earnest penny, of that Kings, good affection, to her Majesty. About the same time, when the King was solicited, to renew, such Treaties, and Leagues, as had passed, between the two Crowns, of Spain, and England, by the Lord Cobham, sent unto him, to acquaint him, with the Death of Queen Mary; And afterwards, by Sir Thomas Challenor, and Sir Thomas Chamberlain, successively, Ambassadors, Resident in his Low Countries; Who had order; divers times, during their Charge, to make Overtures thereof, both unto the King, and certain principal persons about him, And lastly, those former Motions, taking no effect; By Viscount Montacute, and Sir Thomas Chamberlain, sent unto Spain, in the year 1560; no other Answer, could be had, or obtained, of the King, but that, the Treaties did stand, in as good Force, to all Intents, as new Ratification, could make them. An Answer strange at that time, but very conformable, to his Proceedings since; which belike, even then, were closely smothered, in his own Breast. For had he not, at that time, some hidden Alienation, of Mind, and Design, of an Enemy, towards her Majesty; So wise a King, could not be ignorant; That the Renewing, and Ratifying, of Treaties, between Princes, and States, do add great Life, and Force, both of Assurance, to the parties themselves, and Countenance, and Reputation to the World besides; And have, for that cause, been commonly, and necessarily, used, and practised. In the Message, of Viscount Montacute, it was also contained, that he should crave, the King's Counsel, and Assistance, according to Amity, and good Intelligence, upon a Discovery, of certain pernicious Plots, of the House of Guise, to annoy this Realm, by the way of Scotland: whereunto the Kings Answer, was so Dark, and so cold, as Nothing could be made of it; Till he had made, an Exposition of it, himself, by effects, in the express Restraint, of Munition, to be carried, out of the Low-Countries, unto the Siege of Leith; Because our Nation, was to have supply, thereof, from thence. So as, in all the Negotiations, that passed, with that King, still, her Majesty, received no satisfaction, but more and more suspi●ious, and Bad Tokens, of evil affection. Soon after, when upon that Project, which was disclosed, before the King had resolved, to disannul the Liberties, and Privileges, unto his Subjects, the Netherlands, anciently belonging; And to establish amongst them, a Marshal Government; which the People, being very Wealthy; And inhabiting Towns, very strong, and Defensible, by Fortifications, both of Nature, and the Hand, could not endure; there followed the Defection, and revolt, of those Countries. In which Action, being the greatest, of all those, which have passed, between Spain, and England, the Proceeding, of her Majesty, hath been so Just, and mingled, with so many Honourable Regards, as Nothing, doth so much clear, and acquit, her Majesty, not only from Passion, b●t also, from all Dishonourable Policy. For first, at the beginning of the Troubles, she did impart, unto Him, faithful, and sincere, Advise, of the Course, that was to be taken, for the quietting, and appeasing them; And, expressly, forewarned, both himself, and such as were, in principal Charge, in those Countries, during the Wars● of the danger like to ensue, if he held, so heavy a Hand, over that People; le●●, they should cast themselves, into the Arms, of a Stranger. But finding, the King's Mind, so exulcerate, as he rejected all Counsel, that tended, to Mild, and Gracious, proceeding, her Majesty, nevertheless, gave not over her Honourable Resolution; (which was, if it were possible, to reduce, and reconcile, those Countries, unto the obedience, of their Natural Sovereign, the King of Spain: And if that, might not be, yet to preserve them, from alienating themselves, to a Ferrain Lord; As namely, unto the French, with whom they much treated; And amongst whom the Enterprise of Flanders, was ever propounded, as a Mene to unite, their own Civil Dissensions;) B●t, patiently, temporising, expected the good effect, which Time might breed: And whensoever, the States grew, into Extremities, of Despair, and thereby ready, to embrace the Offer, of any Foreigner; Then would her Majesty, yield them, some Relief of Money● or permit, some Supply of Forces, to go over unto them; To the end, to interrupt, such violent Resolution: And still continued, to mediate, unto the King, some Just, and Honourable, Capitulations, of Grace, and Accord; Such, as whereby, always, should have been preserved, unto him, such Interest, and Authority, as He, in justice, ●ould claim; Or a Prince, moderately minded, would seek to have. And this Course she held, interchangeably, seeking to mitigate, the Wrath of the King, and the Despair of the Countries; Till such Time, as, after the Death, of the Duke of Anjou; (Into whose Hands, according to her Majesty's prediction, but against her good liking, they had put themselves;) The Enemy pressing them, the united Provinces, were received, into her Majesty's Protection: which was, after such Time, as the King of Spain, had discovered himself, not only an Implacable Lord to them, but also, a pro●essed Enemy, unto her Majesty; having, actually, invaded Ireland, ●nd designed the Invasion of England. For it is to be noted, tha● the like Offers, which were then made unto her Majesty; had been made to her, long before; but as long, as her Majesty conceived, any Hope, either of Making, their Peace; Or entertaining her own, with Spain, she would never hearken thereunto. And yet now, even at last, her Majesty retained, a singular, and evident Proof, to the World, of her Justice, and Moderation; In that, she refused, the Inheritance, and Sovereignty, of those Goodly provinces; which by the States, with much Instance, was pressed upon her; and being accepted, would h●ve wrought, greater Contentment, and Satisfaction, both to her People, and theirs; Being Countries, for the Scite; Wealth; Commodity of Traffic; Affection to our Nation; Obedience of the Subjects, (well used,) most convenient, to have been annexed, to the Crown of England; And withal, one Charge, Danger, and Offence of Spain; only, took upon her, the Defence, and Protection, of their Liberties: Which Liberties, and Privileges, are of that Nature, as they may justly, esteem themselves, but Conditional Subjects, to the King of Spain; More justly than Arragon: And may make her Majesty, as justly esteem, the ancient Confederacies, and Treaties, with Burgundy, to be, of Force, rather, with the People, and Nation, then, with the Line, of the Duke; because it was, never, an Absolute Monarchy. So as, to sum up, her Majesty's Proceedings, in this great Action, they have but this; That, they have sought, first, to restore them to Spain; Then, to keep them from Strangers; And never, to purchase them, to Herself. But during all that time, the King of Spain, kept one tenor, in his Proceedings, towards her Majesty; Breaking forth, more and more, into Injuries, and Contempts: Her Subjects, trading into Spain, have been, many of them, Burned; Some cast into the Galleys; Others have died in Prison, without any other Crimes committed, but upon Quarrels, picked upon them, for their Religion, here at home. Her Merchants, at the Sack of Antwerp, were, divers of them, spoilt, and put to their Ransomes● though they could not be charged, with any Partaking: Neither, upon the Complaint, of Doctor Wilson, and Sir Edward Horsey, could any Redress be had. A general Arrest, was made, by the Duke, of Alva, of English men's, both Goods, and Persons, upon pretence, that certain Ships, stayed in this Realm, laden with Goods, and Money, of certain Merchants, of Genoa, belonged to that King: which Money, and Goods, was, afterwards, to the uttermost value, restored, and paid back: Whereas our Men, were far, from receiving, the like justice, on their side. Doctor Man, her Majesty's Ambassador, received, during his Legation, sundry Indignities, himself, being Removed, out of Madrid, and Lodged, in a Village; As they are accustomed, to use, the Ambassadors of moors: His Sonn, and Steward, forced, to assist, at a Mass, with Tapers in their Hands; Besides sundry other Contumelies, and Reproaches. But the Spoiling, or Damnifying, of a Merchant; Vexation, of a Common Subject; Dishonour of an Ambassador; Were rather, but Demonstrations of ill Disposition, than Effects; If they be compared, with Actions of State; Wherein He, and his Ministers, have sought the Overthrow, of this Government: As in the year 1569. when the Rebellion, in the North part of England, broke forth; Who but the Duke of Alva, (than the King's Lieutenant, in the Low-Countries,) and Don Guerres, of Espes, than his Ambassador Lieger here, were discovered, to be chief Instruments, and Practisers; Having complotted, with the Duke of Norfolk, at the same time; As was proved, at the same Duke's Condemnation, that an Army, of 20000. Men, should have landed at Harwich, in aid of that Part, which the said Duke had made, within the Realm; And the said Duke, having spent, and employed, 150000. Crowns, in that Preparation. Not contented thus, to have consorted, and assisted, her Majesty's Rebels, in England; He procured, a Rebellion, in Ireland: Arming, and Sending thither, in the year 1579, an Arch-rebel, of that Country, james Fitz Morrice, which before was fled: And truly to speak, the whole course of Molestation, which her Majesty hath received, in that Realm, by the Rising, and Keeping on, of the Irish, hath been nourished, and fomented, from Spain● but afterwards, most apparently, in the year, 1580, he invaded, the same Ireland,, with Spanish Forces, under an Italian Colonel, By Name San jesopho, being but the Forerunners, of a greater Power; Which, by Treaty, between Him, and the Pope, should have followed: But that, by the speedy Defeat, of those former, they were discouraged, to pursue the Action: Which Invasion, was proved, to be done, by the Kings, own Orders; both by the Letters, of Secretary Escovedo, and of Guerres, to the King: And also, by divers other Letters, wherein, the particular Conferences, were set down, concerning this Enterprise, between Cardinal Riario, the Pope's Legate, and the King's Deputy in Spain; Touching the General, the Number of Men, the Contribution of Money, and the Manner, of the Prosecuting, of the Action; And by the Confession, of some of the Chiefest, of those, that were taken Prisoners, at the Fort: Which Act, being an Act, of Appa●rent hostility, added, unto all the Injuries, aforesaid; And accompanied, with a continual Receipt, Comfort, and Countenance, by Aud●ences, Pensions, and Employments, which he gave to Traitors, and Fugitives, both English, and Irish; As Westmoreland, Paget, Engl●field, Baltinglasse, and Numbers of others; Did, sufficiently, justify, and warrant, that pursuit of Revenge, which, (either in the Spoil of Carthagena, and San Domingo, in the Indies, by Mr Drak●; Or, in the undertaking, the protection, of the Low-Coun●reys● wh●n the Earl of Leicester was sent over;) afterwards followed. For before that time, her Majesty, though she stood upon her Guard, in respect, of the just Cause of Jealousy, which, t●e Sundry Injuries of that King, gave her, yet had entered, into no O●●ensi●e Action, against Him. For ●oth, the Voluntary Forces, which Don Antonio, had collected, in this Realm, were, by express command●ment, restrained; And Offer was made, of Restitution, to the Spanish Ambassador, of such Treasure, as had been b●ought, into this Realm; upon Proof, that it had been taken by ●rong; And the Duke of Anjou, was, (as much as could stand, with the near Treaty, of a Marriage, which then, was very forward, between her Majesty, and the said Duke;) Diverted, from the Enterprise, of ●landers. But to conclude this Point; when that, some years after; the Invasion, and Conquest, of th●s Land; Intended long before, but through many Crosses, a●d Impediments, which the King o● Spain, found in his Plots, deferred; Was, in the year 1588., attempted; Her Majesty, not forgetting her own Nature, was content, at the same Instant, to Treat of a Peace; Not ignorantly, as a Prince, that knew not, in what forwardness, his preparations were; (For she had discovered them long before;) Nor fearfully, as may appear, by the Articles, whereupon her Majesty, in that Treaty, stood; which were not, the Demands, of a Prince afraid; But only, to spare the shedding, of Christian Blood; And to show, her constant Desire, to make her Reign Renowned, rather by Peace then victories: which Peace, was, on her part, treated sincerely; But, on his part, (as it should seem,) was but an Abuse; Thinking thereby, to have taken us more unprovided: So that the Duke of Parma, not liking, to be used as an Instrument, in such a Case, in regard of his particular Honour, would, sometimes, in Treating, interlace; That the King, his Master, meant to make his Peace, With his Sword in his Hand; Let it then be tried, upon an indifferent view, of the proceedings, of England, and Spain; Who it is, that Fisheth, in Troubled Waters; And hath disturbed, the Peace, of Christendom; And hath written, and described, all his Plots, in Blood. There follow the Articles, of an Universal Peace, which the Libeler, as a Commissioner, for the Estate of England, hath propounded, and are these: First, that the King of Spain; should recall such Forces, as of great compassion, to the Natural People of France, he hath sent thither, to defend them, against a Relapsed Huguonott. Secondly, that he suffer, his Rebels, of Holland and Zealand, quietly, to possess the places, they hold; And to take unto them, all the Rest, of the Low-Countries also; Conditionally, that the English, may still keep, the possession, of such Port-Towns, as they have, and have some half a dozen more, annexed unto them. Thirdly, th●t the English Rovers, might, peaceably, go, to his Indieses; And there, take away his Treasure, and his Indies also. And th●se Articles, being accorded, (he saith,) might follow that Peace, which passeth all understanding; As he calleth it, in a scurrile, and profane Mockery, of the Peace, which Christians, enjoy with God, by the Atonement, which is made, by the Blood of Christ; whereof the Apostle saith; That it passeth all understanding: But these his Articles, are, sure, mistaken; And indeed corrected, are briefly these: 1. That the King of France, be not impeached, in Reducing his Rebels, to obedience. 2. That the Netherlands, be suffered, to enjoy their Ancient Liberties, and Privileges; And so Forces of Strangers, to be with-drawn, both English, and Spanish. 3. That all Nations, may trade, into the East, and West, Indies; yea discover, and occupy, such parts, as the Spaniard, doth not actually possess; And are not, under Civil Government, notwithstanding any Donation, of the Pope. 5. Of the Cunning, of the Libeler, in Palliation, of his malicious Invectives, against her Majesty, and the State, with pretence, of Taxing, only the Actions, of the Lord Burghley. I Cannot, rightly, call this Point, Cunning, in the Libeler, but rather, good will to be Cunning, without skill, indeed, or Judgement: For finding, that it had been, the Usual, and Ready, practice, of Seditious Subjects, to plant, and bend their Invectives, and Clamours; Not against the Sovereign's themselves, but against some such, as had Grace with them, and Authorities under them; He put, in ure, his Learning, in a wrong, and unproper, Case. For this hath some Appearance, to cover undutiful Invectives, when it is used, against Favourites, or New Upstarts, and suddain-risen Counselors: But, when it shall be practised, against One, that hath been Counsellor, before her Majesty's Time; And hath continued longer Counsellor, than any other Counsellor in Europe; One, that must needs have, been Great, if it w●re but by Surviving alone, though he had no other Excellency; One, that hath passed the Degrees of Honour, with great Travel, and long Time, which quenche●h always Envy, except it be joined, w●th extreme Malice; Then, it appeareth, manifestly, to be but a Brick wall, at Tennis, to make the Defamation, and Hatred rebound, from the Counsellor, upon the Prince. And assuredly, they be very simple, to think, to abuse the World, with those Shifts; Since, every Child, can tell the Fable; That the Wolf's Malice, was not to the Shepherd, but to his Dog. It is true, that these Men, have altered their Tune, twice, or thrice: when the Match, was in Treating, with the Duke, of Anjou, they spoke Honey, as to her Majesty: All the Gall was uttered, against the Earl of Leicester. But, when they had gotten Heart, upon the Expectation, of the Invasion, they changed stile, and disclosed, all the Venom in the World, immediately, against her Majesty: what New Hope, hath made them return, their Sinon's Note, in teaching Troy, how to save itself; I cannot tell. But, in the mean time, they do his Lordship, much Honour: For, the more despitefully, they inveigh, against his Lordship, the more Reason, hath her Majesty, to trust him, and the Realm to honour him. It was wont, to be a Token, of scarce a good Liedgeman, when the Enemy, spoiled the Country, and left, any particular men's Houses, or Fields, unwasted. 6. Certain true general Notes upon the Actions of the Lord Burleigh. BUT above all the rest, it is a strange Fancy, in the Libeler, that he maketh his Lordship, to be, the Primum Mobile, in every Action, without Distinction. That to him, her Majesty is Accountant, of her Resolutions. That to him, the Earl of Leic●ster, and Mr. Secretary Walsingham, both Men, of great Power, and of great wit, and understanding, were but as Instruments; whereas, it is well knownn, that as to her Majesty, there was never a Counsellor, of his Lordship's long Continuance, that was so appliable, to her Majesties, Princely Resolutions; Endeavouring, always, after Faithful Propositions, and Remonstrances, and these in the best words, and the most Grateful Manner; to rest upon such Conclusions, as her Majesty, in her own wisdom, determineth, and them to execute to the best: So far, hath he been, from Contestation, or drawing her Majesty, into any his own Courses. And as, for the Forenamed Counselors, and others, with whom his Lordship, hath consorted, in her Majesty's service; It is rather true, that his Lordship, out of the Greatness, of his Experience, and Wisdom; And, out of the Coldness, of his Nature, hath qualified, generally, all Hard, and Extreme, Courses, as far, as the Service of her Majesty, and the Safety, of the State, & the Making himself, compatible, with those, with whom he served, would permit. So far, hath his Lordship been, from inciting others, or running a full Course with them, in that kind. But yet, it is more strange, that this Man, should be so absurdly Malicious, as he should charge his Lordship, not only, with all Actions of State, but also, with all the Faults, and Vices, of the Times; As if Curiosity, and Emulation, have bred some Controversies, in the Church; Though, (thanks be to God,) they extend, but to outward Things; As if Wealth, and the Cunning of Wits, have brought forth, Multitudes of Suits, in Law; As If, Excess in Pleasures, and in Magnificence, joined with the unfaithfulness of Servants, and the Greediness of Moneyed Men, have decayed, the Patrimony, of many Noble Men, and others; That all these, and such like, Conditions of the Time, should be put, on his Lordship's account; who hath been, as far, as to his Place, appertaineth, a most Religious, and Wise, Moderator in Church Matters, to have Unity kept; who with great justice, hath dispatched, infinite Causes in Law, that have orderly, been brought before him; And, for his own Example, may say that, which few Men can say, but was sometime said, by Shafalus, the Athenian, so much Renowned, in Plato's Works; who having lived, near to the age, of an 100 years; And in continual, Affairs, the Business, was wont to say of Himself; That he never sued any, neither had been sued by any: Who by reason, of his Office, hath preserved, many Great Houses, from Overthrow, by relieving sundry Extremities, towards such, as in their Minority, have been circumvented; And towards all such, as his Lordship, might advise, did ever persuade, Sober, and Limited, Expense. Nay, to make Proof, further, of his Contented Manner of Life, free from Suits, and Covetousness; as he never sued, any Man, so did he never raise, any Rent, or put out, any Tenant, of his own; Nor ever gave consent, to have the like done, to any of the Queen's Tenants; Matters, singularly, to be noted, in this Age. But however, by this Fellow, as in a False, Artificial, Glass, which is able, to make the best Face Deformed, his Lordship's Doings be set forth; yet, let his Proceedings, (which be indeed his own,) be indifferently weighed, and considered; And let Men call to Mind, that his Lordship was never a violent, and Transported Man, in Matters of State, but ever Respective, and Moderate; That he was never Man, in his particular, a Breaker of Necks, no heavy Enemy, but ever Placable, and Mild; That he was never a Brewer, of Holy water in Court, no Dallier, no Abuser, but ever Real, and Certain; That he was never, a Bearing Man, nor Carrier of Causes, But ever gave way, to justice, and Course of Law; That he was never, a Glorious, Wilful, Proud Man, but ever Civil, and Familiar, and good to deal withal; That in the Course, of his Service, he hath, rather, sustained the Burden, than sought the Fruition, of Honour, or Profit; Scarcely sparing any time, from his Cares, and Travails, to the Sustentation of his Health; That he never had, nor sought to have, for Himself, and his Children, any Pennyworth of Lands, or Goods, that appertained to any, attainted, of any Treason, Felony, or otherwise; That he never had, or sought, any kind of Benefit, by any Forfeiture, to her Majesty; That he was never, a Factious Commender, of Men, as he, that intended, any ways, to besiege Her, by bringing in, Men at his Devotion; But was ever, a true Reporter, unto her Majesty, of every Man's Deserts, and Abilities; That he never took ●he Course, to unquiet, or offend, no nor exasperate her Majesty, but to content her mind, and mitigate her Displeasure; That he ever bare Himself reverently, and without Scandal, in Matters of Religion, and without blemish in his Private Course, of Life; Let Men, I say, without Passionate Malice, call to mind, these Things; And they will think it Reason, that, though he be not canonised for a Saint, in Rome, yet he is, worthily, celebrated, as Pater Patriae, in England; And though he be Libelled against, by Fugitives, yet he is prayed for, by a Multitude, of good Subjects: And lastly, though he be envied, whilst he liveth, yet he shall be deeply wanted, when he is gone. And assuredly, many Prince's, 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 Travail; 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 marvel, though a Prince of judgement, be constant, in the Employment, and Trust, of such a Servant. 7. Of divers particular Untruths, and Abuses, dispersed through the Libel. THE Order which this Man keepeth, in his Libel is such, as it may appear, that he meant but to empty some Note Book, 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 less, then to clear the Matters, be handled, by the Linht of Order, and Distinct Writing. Having therefore, in the Principal 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 Straggling Untruths, and very briefly, to censure them. Page 9 he saith; That his Lordships could, neither by the Greatness, of his Beads; creeping to the Cross; Nor exterior show to Devotion, before the High Altar; find his entrance, into high Dignity, in Queen mary's Time. All which, is a mere Fiction, at Pleasure: For Queen Mary, bore that Respect unto him, in regard, of his constant standing, for her Title; As she desired to continue his Service; The Refusal thereof, growing from his own Part: He enjoyed, nevertheless, all other Liberties, & Favours, of the time; Save only, that it was put, into the Queen's 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 Principal a Place; Which nevertheless, after, with Cardinal 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 showeth, that this Fellow, in his Slanders, is no good Marksman; But throweth out his Words, of Defaming, without all Level. For all the World, noted, Sir Nich. Bacon, to be a Man, Plain, Direct, and Constant, without all Fineness, and Doubleness; And one that was, of the mind, that a Man, in his private Proceedings, and Estate, and in the Proceedings, of State, should re●t, upon the Soundness, and Strength, of his own Courses, and not upon Practice, to Circumvent others● According, to the Sentence of Solomon; Vir Prudens advertit ad Gressus suos, stultus autem divertit ad Dolos: Insomuch, that the Bishop of Rosse, a Subtle, 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 politic Princess, said of him; That he should have been, of the Council 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 Queen's 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 Edward's Time: So as his Lordship, being a Christian, Politic, Counsellor, thought it better, to follow a Precedent, then to innovate; And chose the Precedent, rather at Home, than Abroad. Pag. 41. he saith; That Catholics, never attempted, to murder, any principal person, of her Majesty's Court, as did Burchew, (whom he calleth a Puritan) In wounding, of a Gentleman, instead, of Sir Christopher Hatten; But by their great Virtue, Modesty, and Patience, do manifest, in themselves, a far different Spirit, ●●om the other Sort. For Burchew, it is certain he was Mad; As appears, not only by his Mad Mistaking, but by the violence, ●h●t he ●ff●ed af●er, to his Keeper; And most evidently, by his behaviour, at his Execution: But of Catholics, (I mean, th● ●ra●l●rus sort, of them, a Man may say, as Cato, said, sometimes, of Cae●ar; Fum ad ev●rtendam Remp. sobrium accessisse: They came sober, and well advised, to their Treasons and Conspiracies; And commonly, they look not so low, as the Counsellors, but have bend, their murd●r●ur Attempts, immediately, against her Majesty's sacred Person; (Which God have in his precious Custody;) As may appear, by the Conspiracy, of Sommervile, Parry, Savage, and Six, and othe●s; Nay, they have defended it, in Thesi, to be a Lawful Act. Pag. 43. he saith; That his Lordship, whom he calls the Arch●Politick, hath fraudulently provided, that when any Pries●, is arraigned, the Indictment, is enforced, with many odious Matt●r●: Wherein he showeth great Ignorance, if it be not Malice: For the Law, permitteth not, the Ancient Forms of Indictments, to be altered; Like as in an Action of Trespass, although a M●n, take away another's Goods, in the peaceablest manner, in the World, yet the Writ hath; Quare vi, & Armis; And if a Man enter, upon another's Ground, and do no more, the Plaintiff mentioneth; Quod Herbam suam ibidem crescentem, cum Equis, Bobus, porcis, & Bidentibus, depastus sit, conculcavit, & consumpsit. Neither is this any Absurdity; For, in the Practice, of all Law, the Formularies, h●ve been Few, and Certain; And not varied, according to every particular 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 Royal. Pag. 45. and in other places, speaking of the persecuting, of Catholics, he still mentioneth, Bowellings, and Consuming men's Entra●les, by Fire; As if this, were a Torture, newly devised; Wherein he doth Cautelously, and Maliciously, suppress, 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 Terror, ye● by reason, of the quick Dispatching, of less, Torment far, then either the Wheel 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 Catholics? For the Emperor? for the King of Spain, Himself? for the Senate of Venice, and other States, that have had, long time, Ambassadors Liedgers, in that Court? If he mean it, because the Turk, hath done, some special Honour, to our Ambassador, (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 he mean it, because the Turk, seemeth to affect us, for the Abolishing of Images; Let him consider then, what a Scandal, the Matter of Images, hath been, in the Church: As having been, one of the principal Branches, whereby Mahumetism entered. Page 65. he saith; Cardinal Allen, was, of late, very near, to have been elected Pope. Whereby, he would put, the Catholics here, in some hope, that once, within Five or Six years, (For a Pope, commonly, sitteth no longer,) he may obtain that, which he m●ssed narrowly. This is a direct Abuse; For it is certain, in all the Conclaves, since Sixtus Quintus, who gave him his Hat, he was never in possibility: Nay, the King of Spain, that hath patronised, the Church of Rome, so long, as he is become a right Patron of it; In that, he seeketh to present, to that See, whom he liketh; yet never durst, strain, his Credit, to so desperate a Point, as once, to make a Canvas, for him: No, he never nominated him, in his Inclusive Narration. And those that know any Thing, of the Respects, of Conclaves, know, that he is not Papable; First, because he is, an Vltramontane, of which sort, there hath been none, these Fifty years: Next, because he is a Cardinal, of Alms, of Spain, and wholly, at the Devotion, of that King: Thirdly, because he is like to employ, the Treasure, and Favours, of the Popedom, upon the Enterprises of England; And the Relief, and Advancement, of English Fugitives, his Necessitous Countrymen; So as, he presumed much, upon the Simplicity, of the Reader, in this point, as in many more. Page 55. and again Page 70. he saith; His Lordship, (Meaning the Lord Burleigh,) Intendeth to match, his Grandchild, Mr. William Cecil, with the Lady Arbella. Which being a mere Imagination, without any Circumstance at all, to induce it; More than that, they are both unmarried; And that their years, agree well; Needs no Answer. It is true, that his Lordship, being no Stoical, Unnatural Man, but loving towards his Children; For Charitas Reip. incipit à Familiâ;) Hath been glad, to match them, into Honourable, and Good Blood; And yet not so, but, that, a private Gentleman, of Northampton shire, that lived altogether, in the Country, was able to bestow his Daughters, higher, than his Lord. hath done. But yet, it is not seen by any Thing past, that his Lordship, ever thought, or affected, to match his Children, in the Blood Royal: His Lordship's Wisdom, which hath been so long of Gathering, teacheth him, to leave to his Posterity, rather Surety, than Danger. And, I marvel, where be the Combinations, which have been, with Great Men; And the Popular, and Plausible, Courses, which ever accompany such designs, as the Libeler speaketh of: And therefore, this Match, is but like unto that, which the same Fellow, concluded, between the same Lady Arbella, and the Earl of Leicester's Son, when he was, but a Twelvemonth old. Pag. 70, he saith; He laboureth, incessantly, with the Queen, to make, his Eldest Son, Deputy of Ireland. As if, that were such a Catch; Considering, all the Deputi●●, since her Majesty's times, (except the Earl of Sussex, and the Lord Grey,) have been persons, of meaner Degree, than Sir Thomas Cecillis: And the most, that is gotten, by that place, is but the Saving, and putting up, of a Mans own Revenue's, during those years, that he serveth their; And this perhaps, to be saved, with some Displeasure, at his Return. Pag. eadem, he saith; He hath brought in, his Second Son, Sir Robert Cecil, to be of the Counsel, who hath, neither Wit, nor Experience. Which Speech, is as notorious an untruth, as is, in all the Libel: For it is confessed, by all Men, that know the Gentleman, that he hath one, of the Rarest, and most Excellent, Wits, of England; with a singular Delivery, and Application, 〈◊〉 the same; whether it be, to use a Continued Speech, Or to Negotiate, Or to touch in Writing, or to make Report, Or discreetly to consider, of the Circumstances, And aptly, to draw Things, to a Point; And all this, joined, with a very good Nature, and a great Respect to all Men, as is daily, more and more, revealed. And for his Experience, it is easy to think, that his Training, and Helps, hath made it already such, as many, that have served, long prenticehood for it, have not attained the like: So as, if that be true; Qui Beneficium Digno dat, omnes obligat; Not his Father only, but the State, is bound unto her Majesty, for the choice, and Employment, of so sufficient, and worthy, a Gentleman. There be many other Follies, and Absurdities, in the Book: which, if an Eloquent Scholar, had it in Hand, he would take Advantage thereof, and justly make the Author, not only Odious, but Ridiculous, and Contemptible, to the World. But I pass them over, and even this, which hath been said, hath been vouchsafed, to the value, and Worth of the Matter, and not the worth, of the Writer; who hath handled a Theme, above his Compass. 8. Of the Height, of Impudence, that these Men, are grown unto, in publishing, and Avouching, untruths; with a particular Recital of some of them, for an Assay. THese Men, are grown, to a singular Spirit, and Faculty, in Lying, and Abusing the world; such, as it seemeth, although they are, to purchase a particular Dispensation, for all other Sins; yet they have a Dispensation Dormant, to lie, for the Catholic Cause; which moveth me, to give the Reader, a Taste, of their Untruths, such as are written, and are not merely gross, and palpable; Desiring him, out of their own Writings, when any shall fall, into his Hands, to increase the Roll, at least, in his own Memory. We retain, in our Calendars, no other Holidays, but such, as have their Memorials, in the Scriptures: And therefore, in the Honour of the Blessed Virgin, we only receive, the Feasts, of the Annunciation, and the Purification; Omitting the other, of the Conception, and the Nativity; Which Nativity, was used to be celebrated, upon the 8th. of Septemb; the Vigil whereof, happened to be, the Nativity of our Queen: which though we keep not Holy, yet we use therein, certain Civil Customs, of joy, and Gratulation; As Ringing of Bells, Bonfires, and such like; And likewise, make a Memorial, of the same Day, in our Calendar: whereupon they have published; That we have expunged, the Nativity of the Blessed Virgin, and put in stead thereof, the Nativity of our Queen. And further, that we sing, certain Hymns, unto her, used to be sung, unto our Lady: It happened, that upon some Bloodshed, in the Church of Paul's, according to the Canon Law, yet with us in force, the said Church was interdicted, and so, the Gates shut up, for some few Days; whereupon, they published, that, because the same Church, is a place, where People use to meet, to walk and confer, the Queen's Majesty, after the manner, of the Ancient Tyrants, had forbidden, all Assemblies, and Meetings, of People, together; And for that Reason, upon extreme Jealousy, did cause, Paul's Gates, to be shut up. The Gate of London, called Ludgate, being in decay, was pulled down; And built anew: And on the one side, was set up, the Image, of King Lud, and his two Sons; who, according to the Names, was thought, to be the First Founder, of that Gate: And, on the other side, the Image of her Majesty, in whose time, it was re-edified: whereupon, they published, that her Majesty, after all the Images, of the Saints, were long beaten down, had now, at last, set up her own Image, upon the Principal Gate, of London, to be adored; And that all Men, were forced, to do reverence to it, as they passed by; And a watch, there placed, for that purpose. Mr. jewel, the Bishop of Salisbury, who, according to his Life, died most godly, and patiently; At the Point of Death, used, the Versicle, of the Hymn, Te Deum; Oh Lord, in thee have I trusted, let me never be confounded; Whereupon, suppressing the rest, they published, that the principal Champion, of the Heretics, in his very last words, cried, he was confounded. In the Act; of Recognition, of primo, whereby, the Right, of the Crown, is acknowledged, by Parliament, to be in her Majesty; (The like whereof, was used, in Queen Mary's time;) The words, of Limitation, are; In the Queen's Majesty, and the Natural Heirs, of her Body, and her lawful Successors. Upon which word, (Natural,) they do, maliciously, and indeed villainously, gross; That it was, the Intention, of the Parliament, in a Cloud, to convey the Crown, to any Issue, o● her Majesties, that were Illegitimate; Whereas ●he word, (Heir,) doth, with us, so necessarily, and pregnantly, import Lawfulness; As it had been, Indecorum and uncivil speaking, of the Issues, of a Prince, to have expressed it. They set forth, in the year a Book, with Tables, and Pictures, of the Persecutions, against Catholics; Wherein, they have, not only stories, of 50. years old, to supply their Pages; But also, taken all the persecutions, of the Primitive Church, under the Heathen, and translated them, to the practice of England. As that, of Worrowing Priests, under the Skins, of Bears, by Dogs, and the like. I conclude then, that I know not, what to make, of this Excess, in Avouching untruths, save this; That they may truly Chant, in their Quires; Linguam nostram magnificabimus, Labia nostra nobis sunt: And that they, that have long ago, forsaken, the Truth of God, which is the Touchstone, must now hold by the Whetstone; And that their Ancient Pillar, of Lying wonders, being decayed, they must now hold, by Lying Slanders; And make, their Libels, Successors to their Legend. A TRUE REPORT, Of the detestable TREASON, INTENDED, By Doctor RODERIGO LOPEZ, A Physician, attending upon the Person of the QVEENES' MAJESTY, Whom He, for a Sum of Money, promised, to be paid him, by the King of Spain, did undertake, to have destroyed, by Poison; with certain Circumstances, both of the Plotting, and Detecting, of the same TREASON. Penned, during the Queen's Life. THe King of Spain, having found, by the Enterprise of 88, the Difficulty, of an Invasion, of England; And having also, since that time, embraced the Matters of France; (Being a Design, of a more easy nature, and better prepared, to his Hand;) Hath, of necessity, for a time● laid aside, the Prosecution of his Attempts, against this Realm, by open Forces; As knowing, his Means unable, to wield both Actions, at once; As well, that of England, as that of France. And therefore, casting at the Fairest, hath, (in a manner,) bent his whole strength, upon France, making, in the mean time, only a Defensive War, upon the Low-Countries. But finding again, that the Supports, and Aides, which her Majesty hath continued, to the French King, are a principal Impediment, & Retardation, to his prevailing there, according to his Ends; He hath now, of late, by all means, project●ed, to trouble the Waters, here, & to cut us out, some work at home; That by practice, without Diverting, and Employing, any gre●● ●orce●, he might, nevertheless, divert, our Succours from France. According to which purpose, he first proved, to move some Innovation in Scotland; Not so much, in hope, to alienate the King, from the Amity, of her Majesty, as practising, to make a Party, there, against the King himself; Whereby, he should be compelled, to use her Majesty's Forces, for his Assistance. Then● he solicited a Subject, within this Realm, (being a Person of great Nobility,) to rise in Arms, and levy War, against her Majesty; which practice was, by the same Nobleman, loyally, and prudently, revealed. And lastly, (rather (as it is to be thought) by the Instigation, of our Traitorous Fugitives, in Foreign pa●ts; And the corrupter Sort, of his Counselors, and Ministers; then of his own nature, and Inclination;) either of himself, or his said Counselors, and Ministers, using his name, have descended to to a course, against all Honour; All Society, and Humanity; Odious to God, and Man; Detested by the Heathen themselves; which is, to take away the Life, of her Majesty, (which God have in his precious Custody,) by violence, or poison. A Matter, which might be proved to be, not only against all Christianity, and Religion, but against Nature, the Law of Nations, the Honour of Arms, The Civil Law, The Rules of Morality, and Policy: Finally, to be the most Condemned, Barbarous, and Ferine, Act, that can be imagined: yea, (supposing the Quarrels, and Hostility, between the Princes, to be never so Declared, and so Mortal,) yet, were it not, that it would be a very Reproach, unto the Age, that the Matter should be once disputed, or called in question; it could never be defended. And therefore, I leave it to the Censure, which Titus Livius giveth, in the like case, upon Perseus, the last King of the Macedons, afterwards overthrown, taken with his Children, & led in Triumph by the Romans; Quem, non justum Bellum gerere, Regio Animo, sed per omnia clandestina grassari scelera, Latrociniorum, ac veneficiorum, cernebant. But to proceed, certain it is, that even about this present time, there have been suborned, and sent, into this Realm, divers persons, some English, some Irish, corrupted by Money, and Promises; And resolved, and Conjured, by Priests, in Confession, to have executed, that most wretched, and horrible Fact: Of which Number certain have been Taken, and some have suf●fered, and some are spared, because they have, with great sorrow, confessed these Attempts, and detested their Suborne●s. And, if I should conjecture, what the reason is, why this cursed enterprise, was at this time so hotly, and with such diligence, pursued; I take it to be, chiefly because the Matters of France, wax ripe; And the King of Spain, made himself ready, to unmask himself, and to reap that in France, which he had been long in sowing; In regard, that there being like to be, a Divulsion, in the League, by the Reconciliation, of some of the Heads, to the King; the more passionate Sort, being desti●uted by their Associates, were like, to cast themselves, wholly, into the King of Spain's Arms; And to dismember, some important Piece, of that Crown; Though now, upon this fresh Accident, of Receiving the King into Paris, it is to be thought, that both the worst affected, of the League, will submit themselves, upon any tolerable Conditions, to their Natural King, thus advanced, in strength, and Reputation; And the King of Spain, will take take a second Advise, ere he embark himself too far, in any new Attempt, against France. But taking the Affairs, as they then stood, before this Accident unexpected; Especially, of the Council of Spain, during this his supposed Harvest in France; His Counsel had reason, to wish, that there were no Disturbance from hence; Where they make account, that if her Majesty, were removed, (upon whose person, God continue, his extraordinary Watch, and Providence;) here would be nothing but Confusion; Which they do not doubt, but with some, no great Treasure, and Forces, from without may be nourished, till they can more fully, intent the Ruin, of this State, according to their ancient malice. But howsoever that be, amongst the Number of these execrable Undertakers, there was none, so much built, and relied upon, by the Great Ones, of the other side, as was this Physician Lopez; Nor, (indeed,) None so dangerous: whether you consider the Aptness of the Instrument; Or the subtlety, and secrecy, of tho●e, that practised with him; Or the Shift, and Evasion, which he had provided, for a Colour of his Doings, if they should happen, to come into Question. For fi●st, whereas others were to find, and encounter, infinite Difficulties, in the very obtaining, of an Opportunity, to execute this Horrible Act; And besides, cannot but see, present, and most assured Death, before their eyes; And therefore must be, (as it were,) damnable Votaries, if they undertake it; This Man, in regard of his Faculty, and of his private Access, to her Majesty, had both Means, to perpetrate, and Means to conceal; whereby, he might reap the fruit, of his wicked Treason, without evident peril. And for his Complices, that practised with him, being Portugeses, and of the Retinue of King Antonio, the King of Spain's Mortal Enemy, they were Men, thereby freed, and discharged from Suspi●cion; And might send Letters, and receive Letters, out of Spain, without Jealousy; As those, which were thought, to entertain, Intelligences there, for the good of their Master: And for the Evasion, and Mask, that Lopez had prepared, for this Treason, if it had not been searched, and sifted to the bottom, It was, that he did intend, but to cousin the King of Spain, without ill Meaning: somewhat in the nature, of that Stratagem, which Parry, a most Cunning, and Artificial Traitor, had provided for Himself. Nevertheless, this Matter, by the great Goodness of God, falling into good Hands, of those Honourable, and sufficient, persons, which dealt therein; Was, by their great, and worthy, Industry, so handled, and followed; As this Proteus of a disguised, and Transformed, Treason, did at last, appear, in his own Likeness, and Colours; which were as Foul, and Monstrous, as have been known, in the world. For some of her Majesty's Council, long since, entered into consideration; That the Retinue of King Antonio, (I mean some of them,) were not unlike, to hatch, these kind● of Treasons; In regard, they were Needy Strangers, entered into despair of their Master's Fortune, and like enough, to aspire, to make their Peace at home, by some such wicked Services, as these. And therefore grew, to have, an extraordinary vigilant Eye upon them. Which Prudent, and Discreet, Presumption, or Conjecture; Joined with some Advertisements, of Espials abroad, and some other Industry; Was, the first Cause, (next under the great Benediction of God, which giveth unto Princes, zealous Counselors; And giveth to Counselors, Policy, and Discerning Thoughts;) of the Revealing, and Discovering, of ●hese Treasons, which were contrived, in Order, and Form, as hereafter is set down. This Lopez, of Nation, a Portugeze, and suspected, to be in sect, secretly, a jew; (Though here he conformed Himself, to the Rites of Christian Religion;) For a long time, professed physic in this Land; By occasion whereof, (being withal a Man very Observant, and Officious, and of a pleasing, and appliable, behaviour; In that regard, rather than for any great Learning, in his Faculty;) He grew known, & favoured in Court; And was, some years since, sworn Physician, of her Majesty's Household; And by her Majesty's Bounty, of whom he had received, divers Gifts, of good commodity, was grown, to good Estate of Wealth. This Man, had insinuated himself, greatly, (in regard he was of the same Nation,) with the King Antonio; Whose Causes, he pretended, to solicit at the Court; Especially while he supposed, there was any Appearance, of his Fortune: of whom also, he had obtained, (as one that reserved all his doings to Gain,) an Assignation of 50000 Crowns, to be levied, in Portugal. Bu● being a Person, wholly, of a Corrupt, and Mercenary, Nature; And finding his Hopes cold, from that part; He cast his Eyes, upon a more able Paymaster; And secretly, made offer, long since, of his service, to the King of Spain: And accordingly, gave sundry Intelligences, of that which passed here, and imported most, for the King of Spain to know; Having no small Means, in regard of his continual Attendance at Court, Nearness, and Access, to learn, many particulars, of great weight. Which Intelligences, he maintained, with Bernardine Mendoza, Antonio Vega, Roderigo Marquez, and divers others. In the Conveyance, of which his Intelligences, and in the making known of his Disposition, to do the King of Spain service, he had, (amongst others,) one Manuel Andrada, a Portugeze, revolted from Don Antonio, to the King of Spain: One, that was discovered, to have practised the Death, of the said Don Antonio, and to have betrayed him, to Bernardine Mendoza. This Man coming hither, was, for the same his practice, appearing by Letters, intercepted, apprehended, and committed to Prison. Be●ore which time also, there had been, by good diligence, intercepted, other Letters; whereby, the said Andrada, adververtised Mendoza, that he had won, Dr. Lopez, to the King's service: But Lopez, having understanding thereof; And finding means, to have secret conference, with Andrada, before his examination; Persuaded with him, to take the Matter upon himself, as if he had invented, that Advertisement, touching Lopez, only to procure himself credit, with Mendoza; And to make him conceive well, of his Industry, and Service. And to move him hereunto, Lopez set before Andrada, that if he did excuse him, he should have credit, to work his Delivery; Whereas, if he did impeach him, he was not like, to find, any other Means, of Favour. By which subtle persuasion, Andrada, when he came to be examined, answered, according to the Direction, and Lessoning, which Lopez had given him. And having thus acquitted himself of this suspicion, became Suitor, for Andradas Delivery, craftily suggesting, that he was to do, some notable Service, to Don Antonio: In which his suit, he accordingly prevailed. When Lopez had thus got Andrada, out of prison, he was suffered, to go out of the Realm, into Spain: In pretence, (as was said,) to do some service to Don Antonio; But, in truth, to continue Lopez Negotiation, and Intelligences, with the King of Spain: which he handled so well, as at his Return hither, for the comforting of the said Lopez, he brought to him, from the King, besides thanks, and words of encouragement, and an Abrazo, (which is the Compliment of Favour,) a very good Jewel, garnished, with sundry stones, of good value. This Jewel, when Lopez had accepted, he cunningly cast with himself; That if he should offer it, to her Majesty, first, He was assured, she would not take it; Next, that thereby, he should lay her asleep, and make her Secure of him, for greater Matters; According to the saying; Fraus sibi fidem in parvis praestruit, ut in magnis opprimat; which accordingly he did, with Protestations of his Fidelity: And her Majesty, as a Princess of Magnanimity, not apt to fear, or suspicion, returned it to him, with Gracious words. After Lopez, had thus abused her Majesty, and had these Trials of the Fidelity of Andrada; they fell in conference, (the matter being first moved by Andrada, as he that came freshly out of Spain,) touching the empoisoning of the Queen. Which Lopez; (who saw that Matter of Intelligence, without some such particular service, would draw no great Reward, from the King o● Spain: such as a Man, that was not Needy, but wealthy, as h● was, coul● find any Taste in;) assented unto. And to that purpose, procured again this Andrada, to be sent over; As well, to advertise, and assure, this Matter, to the King of Spain, and hi● Ministers; (Namely, to the Count de Fuentes, Assistant to the General, of the King of Spain's Forces, in the Low Countries; as also, to capitulate, and contract, with him, about the Certainty of hi● Rewards Andrada, (having received those Instructions, and be●ing furnished with money, by Lopez procurement, from Don Antonio, about whose service, his Employment, was believed to be; Went over to Calais; Where he remained, to be near unto England, and Flande●s; Having a Boy, that ordinarily passed to and fro, between him and Lopez; By whom he did also, (the better to colour his Employment,) write to Lopez, Intelligence, as it was agreed he should, between him, and Lopez; Wh● bade him, send such News, as he should take up, in the Streets. From Calais, he writeth, to Count de Fuentes, of Lopez Promise, and Demands. Upon the Receipt of which Letters, after some Time taken, to advertise this Proposition, into Spain; And to receive direction thereupon; The Count de Fuentes, associated with St●●phano Ibarra, Secretary of the Council of the Wars, in the Low Countries, calleth to ●im, one, Manuel lovy Tinoco, a Portugese, who had also followed King Antonio; and, of whose good Devotion, he had had Experience, in that he had conveyed unto him, two several Packets, wherewith he was trusted, by the King Antonio, for France. Of this Lovys, they first received a Corporal Oath, wi●h solemn Ceremony, taking his Hands between their Hands, that he should keep secret, that which should be imparted to him; And never reveal the same, though he should be apprehended, and questioned, here. This done, they acqu●int him, with the Letters, of Andrada, with whom, they charge him, to confer at Calais, in his way, and to pass to Lopez, into England; Addressing, him further, to Stephano Ferrera de Gama; And signifying unto the said Lopez, withal, (as from the King,) that he gave no great credence to Andrada, as a person, too sleight, to be used, in a Cause, of so great weight: And therefore marvelled much, that he heard nothing, from Ferrera, of this Matter; From whom, he had, in former time, been advertised, in generality, of Lopez good affection, to do him service. This Ferrera, had been, sometimes a Man, of great Livelihood, and wealth in Portugal, which he did forego, in adhering to Don Antonio; And appeareth, to be a Man, of a Capacity, and practise; But hath, some, years since, been secretly won, to the service, of the King of Spain; not travelling, nevertheless, too and fro, but residing, as his Leaguer, in England. Manuel Lovys, dispatched with these Instructions, and with all affectionate commendations, from the Count to Lopez; And with Letters to Ferrera; Took his Journey, first to Calais, where he conferred with Andrada; Of whom, receiving more ample Information, together with a short Ticket of Credence, to Lopez, that he was a Person, whom he might trust, without scruple, came over into England; And, first, repaired to Ferrera, and acquainted him, with the State of the Business, who had, before that time, given some Light, unto Lopez, that he was not a stranger, unto the Practice, between him, and Andrada; wherewith, (indeed,) Andrada, had (in a sort,) acquainted him. And now, upon this new Dispatch, and Knowledge, given to Lopez, of the choice of Ferrera, to continue that, which Andrada, had begun; He, to conform himself the better, to the satisfaction, of the King of Spain: and his Ministers abroad, was content more fully, to communicate, with Ferrera, with whom, from that time forward, he meant, singly, and apertly to deal; And therefore, cunningly forbore, to speak with Manuel lovy himself, but concluded, that Ferrera should be his only ●runk, and all his Dealings, should pass through his Hands, thinking thereby to have gone Invisible. Whereupon he cast with Himself, that it was not safe, to use, the Mediation, of Manuel Lovys, who had been made privy to the matter, as some base carrier, of Letters; which Letters, also, should be written, in a Cipher; Not of Alphabet, but of Words; Such as might, if they were opened, import no vehement suspicion. And therefore, Manuel Lovys, was sent back, with a short Answers And Lopez purveied himself, of a base Fellow, a ●ortugeze, called Gomes d' Avila, dwelling hard by Lopez House, ●o convey his Letters. After this Messenger provided, it was agreed, between Lopez, and Ferrera, that Letters should be sent to the Count de Fuentes, and Secretary juarra, written, and signed, by Ferrera (●or Lopez, cautelously, did forbear, to write himself,) but directed, and (indeed,) dictated word by word, by Lopez himself. The Contents thereof were; That Lopez was ready, to execute that Service, to the King, which before had been treated, but required, for his Recompense, the sum of 50000. Crowns, and assurance for the same. These Letters were written obscurely, (as was touched,) in Terms of Merchandise; To which Obscurity, when Ferrera excepted, Lopez answered; They knew his meaning, by that, which ●ad passed before. Ferrera wrote also, to Manuel Lovys, but charged this Gomez, to deliver the same Letters, unto him, in the presence of juarra; As also, the Letter to juarra, in the presence of Manuel Lovys. And these Letters, were delivered to Gomez d' Avila, to be carried to Brussels; And a Passport procured, and his charges defrayed, by Lopez. And Ferrera, the more to approve his Industry, writ Letters two several times; The one conveyed by Emanuel Palacios,) with the privity of Lopez, to Christofero Moro, a principal Counsellor, of the King of Spain, in Spain: Signifying, that Lopez, was won, to the King of Spain: And that, he was ready to receive his Commandment; And received a Letter, from the same Christopher Moro, in answer to one o● these, which he showed unto Lopez. In the mean time, Lopez, though a Man (in semblance,) of a heavy wit, yet, indeed, subtle of himself, as one trained in Practice; And besides, as wily, as Fear, and Covetousness, could make him; Thought to provide for himself, (as was partly touched before,) as many starting Holes, and Evasions, as he could devise; If any of these Matters, should come to Light. And first, he took his time, to cast for●h, some general words, a far off, to her Majesty, as ask her the Question; Whether a Deceiver might not be deceived? Whereof her Majesty, (not imagining these words, tended to such end, as to warrant him, colourably, in this wretched Conspiracy; But, otherwise, of her own natural Disposition, bend to integrity, and Sincerity,) uttered Dislike, and Disallowance. Next he thought, he had wrought a great Mystery, in demanding the precise sum of 50000. Crowns, agreeing just, with the sum, of Assignation, or Donation, from Don Antonio; Idly, and in that, grossly, imagining; That if afterwards, he should accept the same sum, he might excuse it, as made good by the King of Spain, in regard, he desisted, to follow, and favour, Don Antonio: Whereupon, the King of Spain, was, in honour, tied, no● to see him a Loser. Thirdly, in his Conferrences, with Ferrera, when he was opposed, upon the particular manner, how he would poison her Majesty● he purposely, named unto him, a Syrup; Knowing, that her Majesty, never useth Syrup; And therefore, thinking, that would prove an high point, for his Justification, if Things should come in any Qnestion. But, all this while, disirous after his prey, which he had in hope devoured, He did instantly importune Ferrera, for the answering, of his last Dispatch; Finding the Delay strange, and reiterating, the Protestations, of his Readiness, to do the Service, if he were assured of his Money. Now before the Return, of Gomez d' Avila, into England, this Steven Ferrera, was discovered, to have Intelligence, with the Enemy; But so, as the particular, of his Traffic, and Overtures, appeared not. Only it seemed, there was great account made, of that he managed; And thereupon, he was committed to Prison. Soon after, arrived Gomez d' Avila, and brought Letter's, only, from Manuel Lovys, by the Name, of Franceseo de Thores; Because, (as it seemeth,) the great persons, on the other side, had a contrary disposition, to Lopez; And liked not, to write, by so base a Messenger, but continued their Course, to trust, and employ Manuel lovy himself, who, in likelihood, was retained, till they might receive, a full Conclusion, from Spain; Which was not, till about two months, after. This Gomez, was apprehended, at his Landing; And about him, were found the Letters aforesaid, written in jargon, or Verbal Cipher, but yet somewhat suspicious, in these words; This Bearer will tell you, the price, in which your Pearls are esteemed, and in what resolution, we rest, about a little Musk, and Amber, which I am determined to buy. Which Words, the said Manuel Lovys, afterwards, voluntarily confessed, to be deciphered, in this sort; That by the Allowance of the Pearls, he meant, that the Count de Fuentes, and the Secretary, did gladly accept, the Offer of Lopez, to poison the Queen, signified by Ferrera's Letter; And for the Provision, of Amber, and Musk, it was meant, that the Count, looked shortly, for a Resolution from the King of Spain: concerning a Matter of importance; Which was, For Burning of the Queen's Ships, and another Point, tending to the satisfaction, of their Vindicative Humour. But while the sense, of this former Letter, rested ambiguous; And that, no direct particular, was confessed, by Ferrera; Nor sufficient Light given, to ground, any rigorous examination, of him; Cometh over Manuel Lovys, with the Resolution from Spain: Who first understanding, of Ferrera's Restraint; and therefore doubting, how far things were discovered, to shadow the matter, like a cunning Companion, gave advertisement, of an Intent he had, to do service, and hereupon obtained a Passport. But after his coming in, he made no haste, to reveal any thing, but thought to dally, and abuse, in some other sort. And while the Light was thus in the Clouds, there was also intercepted, a little Ticket, which Ferrera, in Prison, had found means, to write, in care to conceal Lopez, and to keep him out of danger, to give a Caveat of staying all further Answers, and Advertisements, in these Causes. Whereupon, Lopez was first called in Question. But in Conclusion, this matter being with all Assiduity, and Policy, more and more, pierced, and mined into; First, there was won, from Manuel Lovys, his Letters, from the Count de Fuentes, and Secretary juara, to Ferrera; In both which, mention is made, of the Queen's Death. In that of the Counts, under the Term, of a Commission; And in that of the Secretaries, under the Term, of the Great Service, whereof should arise, an universal Benefit, to the whole World. Also the Letters of Credit, written by Gonzalo Gomez; One to Pedro de Carrera; And the other, to juan Pallacio, to take up, a sum of Money, by Emanuel Lovys, by the foresaid false Name, of Fr. de Thores; Letters so large, and in a manner, without Limitation, as any sum, by virtue thereof, might be taken up. Which Letters, were delivered, to Lovys, by the Count de Fuentes own hands, with directions, to show them to Lopez, for his assurance. A matter, of God's secret working, in staying the same; For thereupon, rested only, the Execution, of the Fact of Lopez. Upon so narrow a point, consisted the safety, of her Majesty's Life; already, sold by Avarice, to Malice and Ambition; But extraordinarily, preserved, by that Watchman, which never slunbreth. This same Emanuel Lovys, and Steven Ferrera also; Whereof the one, managed the Matter abroad; And the other, resided here, to give correspondence, never meeting, after Emanuel had returned, severally examined, without Torture, or Threatening, did, in the end, voluntarily, and clearly, confess the Matters, above mentioned: And in their Confessions, fully consent, and concur; Not only in substance, but in all points, particularities, and Circumstances: Which confessions, appear expressed, in their own Natural Language, testified, and subscribed, with their own Hands; And in open Assembly, at the Arraignment of Lopez, in the Guild hall, were, by them confirmed, and avouched, to Lopez his face; And therewithal are extant, undefaced, the Original Letters, from Count de Fuente, Secretary juara, and the Rest. And Lopez himself, at his first Apprehension, and Examination, did indeed deny; And deny, with deep, and terrible Oaths, and Execrations, the very Conferences, and Treaties, with Ferrera, or Andrada, about the Empoysonment. And being demanded, if they were proved against him, what he would say? He answered; That he would yield himself guilty, of the Fact intended. Nevertheless, being afterwards confronted by Ferrera, who constantly maintained to him, all that he said; Reducing him, to the Times, and places, of the said Conferences, he confessed the Matter; As by his Confession, in writing, signed with his own Hand, appeareth. But then he fell, to that slender Evasion, as his last Refuge; That he meant, only, to cousin the King of Spain, of the Money; And in that he continued, at his Arraignment; when, notwithstanding, at the first, he did retract his own Confession; And yet, being asked, whither he was drawn, either by Mean of Torture, or promise of Life, to make the same Confession, he did openly testify, that no such Means, was used towards him. But the Falsehood of this Excuse, being an Allegation, that any Traitor may use, and provide for himself, is convicted, by three notable Proofs. The first, That he never opened this Matter, neither unto her Majesty, unto whom he had ordinary Access; Nor to any Counsellor of State, to have permission, to toll on, and inveigle these Parties, with whom he did treat, if it had been thought so convenient. Wherein, percase, he had opportunity, to have done, some good service, for the further Discovery, of their secret Machinations, against her Majesty's Life. The second, that he came, too late, to this shift; Having first bewrayed, his guilty Conscience, in denying those Treaties, and Conferences, till they were, evidently, and manifestly, proved to his Face. The third, that in conferring, with Ferrera, about the manner, of his assurance, he thought it better, to have the Money, in the Hands, of such Merchants, as he should name in Antwerp; then to have brought it into England: Declaring his purpose to be, after the Fact done, speedily to fly to Antwerp; And there, to tarry some time, and so to convey himself, to Constantinople; where it is affirmed, that Don Solomon, a Jew, in good credit, is Lopez his near Kinsman; And that, he is greatly favoured, by the said Don Solomon; whereby, it is evident, that Lopez, had cast his Reckonings, upon the supposition, of the Fact done. Thus may appear, both, how justly, this Lopez is condemned, for the Highest Treason; that can be imagined; And how, by God's marvellous Goodness, her Majesty, hath been preserved. And surely, if a Man do truly consider, it is hard to say; Whither God, hath done greater things, By her Majesty, or For Her: If you observe on the one side, how God h●th ordained her Government, to break, and cross, the unjust Ambition, of the Two Mighty Potentates, the King of Spain; and the Bishop of Rome, never so straight, between themselves, combined; And, on the other side, how mightily God hath protected her, both against foreign Invasion, and Inward Troubles; And singularly, against the many secret Conspiracies, that have been made against her Life: Thereby declaring, to the world, that he will indeed preserve that Instrument, which he hath magnified. But the Corruptions, of these Times, are wonderful, when that Wars; which are the highest Trials of Right, between Princes, (that acknowledge no superior Jurisdiction;) And ought to be prosecuted, with all Honour, shall be stained, and infamed, with such Foul, and Inhuman Practices. Wherein, if so great a King hath been named, the Rule of the Civil Law, (which is a Rule of Common Reason;) Must be remembered; Frustra Legis auxilium implorat, qui in Legem Committit. He that hath sought, to violate, the Majesty Royal, in the Highest Degree, canno● claim, the pre-eminence thereof, to be exempted, from just Imputation. AN ADVERTISEMENT, TOUCHING THE CONTROVERSIES, OF THE CHURCH, OF ENGLAND. IT is but Ignorance, if any Man find it strange, that the State of Religion, (especially, in the Days of Peace,) should be exercised, and troubled, with Controversies: For as it is, the Condition, of the Church Militant, to be ever under Trials; So it cometh to pass, that when the Fiery Trial, of Persecution, ceaseth, there succeedeth another Trial, which, (as it were,) by contrary Blasts of Doctrine, doth sift, and winnowe, men's Faith; And proveth, whether they Know God aright; Even as that other, of Afflictions, discovereth, whether they Love him, better, than the World. Accordingly, was it foretold, by Christ, saying; That in the latter times, it should be said; Lo here, lo there is Christ: Which is to be understood, not as if the very Person of Christ, should be assumed, and counterfeitted; But this Authority, and pre-eminence, (which is to be Truth itself,) should be challenged, and pretended. Thus have we read, and seen, to be fulfilled, that which followeth, Ecce in Deserto; Ecce in Penetralibus: While some have sought the Truth, in the Conventicles, and Conciliables, of Heretics, and Sectaries; others, in the Extern Face, and Representation, of the Church; And both Sorts have been seduced. Were it then, that the Controversies, of the Church, of England, were such, as they did Divide, the Unity of the Spirit; And not only such, as do unswa●h her, of her Bands, (the Bands of Peace;) yet could it be no Occasion, for any pretended Catholic, to judge us; or for any Irreligious Person, to despise us: Or if it be, it shall but happen to us all, as it hath used to do; To them to be Hardened, and to us to Endure, the good pleasure of God. But now, that our Contentions, are such, as we need not, so much, that general Canon, and Sentence, of Christ, propounded against Heretics; Erratis, nescientes Scripturas, & potestatem Dei. You do Err, not Knowing the Scripture, & the Power of God; As we need, the Admonition, of S. james; Let every Man be swift to hear, slow to speak slow to wrath; And that the Wound, is no way, dangerous, except we poison it, with our Remedies: As the Former Sort of Men, have less Reason, to make themselves Music, in our Discord; So I have good hope, that Nothing shall displease ourselves; which shall be sincerely, & modestly propounded, for the appeasing of these Dissensions. For it any shall be offended, at this voice; Vos estis fratres; ye are brethren, why strive Ye? He shall give, a great presumption, against himself, that he is the Party, that doth his Brethren wrong. The Controversies themselves, I will not enter into; As judging, that the Disease, requireth rather Rest, than any other Cure. Thus much we all know, and confess, that they be not of the Highest Nature: For they are not, touching the high Mysteries o● Faith, such as detained the Churches, for many years, after their first Peace: what time the Heretics moved curious Questions, and made strange Anatomies, of the Natures, and person, of Christ: And the Catholic Fathers, were compelled to follow them, with all Subtlety of Decisions, and Determinations, to exclude them, from their Evasions, and to take them in their Labyrinths: So as it is rightly said; Illis temporibus, ingeniosa Res fuit, esse Christianum: In those days, it was an ingenious, and subtle thing, to be a Christian. Neither are they, concerning the great parts, of the Worship of God; Of which it is true; that, Non servatur unitas in Credendo, nisi eadem sit in Colendo: There will be kept, no unity in Believing, except it be entertained, in worshipping: Such as were the Controversies, of the East, and West, Churches, touching Images: And such, as are many of those, between the Church of Rome, and Us; As about the Adoration of the Sacrament, and the like: But we contend, about Ceremonies, and Things Indifferent; About the Extern Policy, and Government of the Church. In which kind, if we would but remember, that the Ancient, and True Bounds, of Unity, are, One Faith, One Baptism; And not, One Ceremony, One Policy; If we would observe the League, amongst Christians, that is penned by our Saviour; He that is not against us, is with us: If we could but comprehend, that Saying; Differentiae Rituum commendant unitatem Doctrinae; The Diversities of Ceremonies, do set forth, the unity of Doctrine; And that, Habet Religio quae sunt AEternitatis, habet quae sunt Temporis; Religion hath parts, which belong to Eternity, and parts which pertain to Time: And if we did but know, the virtue of silence, and slowness to speak, commended by Saint james; Our Controversies, of themselves, would close up, and grow together. But most especially, if we would leave, the Overweening, and Turbulent Humours, of these times; And revive, the blessed proceeding, of the Apostles, and Fathers, of the Primitive Church; which was, in the like, and greater Cases, not to enter into Assertions, and Positions, but to deliver Counsels, and Advises; we should need no other Remedy at all; Si eadem Con●ulis, (frater,) quae affirmas, consulenti debetur Reverentia, cum non debeatur Fides affirmanti: Brother, if that which you set down, as an Assertion, you would deliver, by way of Advise; There were Reverence due to your Counsel, whereas Faith is not due to your Affirmation. Saint Paul, was content, to speak thus, Ego, non Dominus; I, and not the Lord: Et, secundum Consilium meum; According to my Counsel: But now, Me● do, too lightly, say; Non ego, sed Dominus; Not I, but the Lord: yea, and bind it, with an Heavy Denunciation of his Judgements, to terrify the simple, which have not sufficiently understood, out of Solomon; That the Causeless Curse shall not come. Therefore, seeing the Accidents are they, which breed the peril, and not the Things themselves, in their own Nature; It is meet, the Remedies, be applied unto them, by Opening, what it is, on either part, that keepeth the Wound Green; And formalizeth, both sides, to a further Opposition; and worketh, an Indisposition, in men's minds, to be reunited; wherein no Accusation is pretended. But I find in Reason, that Peace, is best built, upon a Repetition, of wrongs; And in Example, that the speeches, which have been made, by the wisest Men, De Concordia Ordinum, have not abstained, from reducing to Memory, the Extremities, used on both parts: So as it is true, which is said; Qui pacem tractat non is repetit Conditionibus Dissidiis, is magis Ani●mos Hominum, dulcedine pacis fallit, quam aequitate componit. And First of all, it is more than Time, that there were an End, and surseance, made, of this Immodest, and Deformed, manner of Writing, lately entertained; whereby, Matter of Religion, is handled, in the stile of the Stage. Indeed, bitter, and earnest, Writing, must not hastily, be condemned; For Men cannot contend Coldly, and without affection, about Things, which they hold Dear, and Precious. A Politic Man, may write, from his Brain, without Touch, and Sense, of his Heart; As in a Speculation, that appertaineth not unto him: But, a Feeling Christian, will express, in his words, a Character, of Zeal, or Love. The latter of which, as I could wish rather embraced, being more proper for these Times, yet is the Former warranted also, by great Examples. But to leave, all Reverend, and Religious, Compassion, towards Evils, or Indignation towards Faults; and to turn, Religion into a Comedy, or Satire; To search, and rip up wounds, with a Laughing Countenance; To intermix, Scripture, and scurrility, sometime, in one Sentence; Is a thing, far from the devout Reverence, of a Christian, and scant beseeming, the honest Regard, of a sober Man. Non est major Confusio, quam Scrii, & joci. There is no greater Confusion, than the confounding, of jest and Earnest. The Majesty of Religion, and the Contempt, and Deformity, of things ridiculous, are things as distant, as things may be. Two principal Causes, have I ever known, of Atheism; Curious Controversies, and profane Scoffing: Now, that these two, are joined in one, no doubt, that Sect, will make no small Progression. And here, I do much esteem, the Wisdom, and Religion, of that Bishop, which replied, to the first Pamphlet, of this kind, who remembered, that a Fool, was to be answered, but not, by becoming like unto him; And considered, the Matter, which he handled, and not the Person, with whom he dealt. job, speaking of the Majesty, and Gravity of a judge, in himself saith; If I did smile, they believed it not: As if h● should have said; If I diverted, or glanced, upon Conceit of Mirth, yet men's Minds, were so possessed, with a Reverence, of the Action in hand, as they could not receive it. Much more, ought not this to be, amongst Bishops, and Divines, disputing about Holy Things. And therefore, as much, do I mislike, the Invention of him, who, (as it seemeth,) pleased himself in it, as in no mean Policy; That these Men, are to be dealt withal at their own Weapons, and, pledged in their own Cup. This seemed to him, as profound a Devise, as when the Cardinal Sansovino, counselled julius the second, to encounter the Council of Pisa, with the Council of Lateran; Or as Lawful a Challenge, as Mr. jewel made, to confute, the pretended Catholics, by the Fathers: But those Things, will not excuse, the Imitation, of Evil in another. It should be, chose, with us, as Caesar said; Nil malo, quam eos similes esse sui, Et me mei. But now; Dum de bonis contendimus, de Malis consentimus: While we Differ about good things, we Resemble in evil. Surely, if I were asked, of these Men, who were the more to be blamed, I should, per case, remember the Proverb; That the second Blow maketh the Fray; And the saying of an Obscure Fellow; Qui replicat, multiplicat: He that replieth, multiplieth. But, I would determine, the Question, with this Sentence; Alter principium Malo dedit, alter Modum abstulit: By the one's Means, we have a Beginning, and by the other, we shall have none End. And truly, as I do marvel, that some of those Preachers which call for Reformation; (whom I am far from wronging; so far, as to join them, with these Scoffers;) Do not, publish some Declaration, whereby they may satisfy the world, that they dislike their Cause, should be thus solicited; So I hope, assuredly, that my Lords of the Clergy, have none Intelligence, with this interlibelling; But do altogether disallow, that their Credit should be thus defended. For though, I observe, in one of them, many Glosses, whereby the Man, would insinuate himself, into their Favours; yet I find it to be ordinary, that many Pressing, and Fawning Persons do misconjecture, of the Humours, of Men in Authority; And many times, Veneri immolant suem; they seek to gratify them, with that, which they most dislike. For I have great Reason, to satisfy myself, touching the Judgement of my Lords, the Bishops, in this Matter, by that which was written by one of ●hem, which I mentioned before, with honour. Nevertheless I note, ●here is not an indifferent hand carried, towards these Pamphlets, a they deserve; For the one sort, flieth in the Dark, and the other, is uttered openly. Wherein, I might advise, that side, ou● of a Wise w●iter, who hath set it down, That, punitis Ingeniis gliscit Authoritas. And, indeed, we see, it ever falleth out, that the Forbidden Writing, is always thought, to be certain sparks of a Truth, that fly up in●o the faces of those, that seek to choke it, and tread it out; Whereas, a Book Authorized is thought to be, but Temporis Voces; The Language of the Time. But in plain Truth, I do find, (to mine understanding,) these Pamphlets, as meet to be suppressed, as the other. First, because, as the former sort, doth deface, the Government, of the Church, in the persons of the Bishops, and Prelates; So the other, doth lead into Contempt, the Exercises of Religion, in the Persons of sundry Preachers: So as it disgraceth an higher matter, though in the meaner Person. Next, I find, certain indiscreet, and dangerous Amplifications, as if the Civil government, itself, of this State, had near lost the Force of her Sinews; And were ready, to enter, into some Convulsion, all things being full of Faction, and Disorder; which is as unjustly acknowledged, as untruly affirmed. I kow, his Meaning is, to enforce, this unreverent, and violent Impugning, of the Government of Bishops, to be, a suspected Forerunner, of a more general Contempt. And I grant, there is Sympathy, between the Estates; But no such matter, in the Civil Policy, as deserveth so dishonourable a Taxation. To conclude this Point; As it were to be wished, that these Writings, had been abortive, and never seen the Sun; So the next is, since they be come abroad, that they be censured, (by all that have Understanding, and Conscience,) as the untemperate Extravagancies, of some Light persons. Yea, further, that Men beware, (except they mean to adventure, to deprive themselves, of all sense of Religion, and to pave their own Hearts, and make them as the High Way,) how they be conversant in them; And much more, how they delight in that Vein; But rather to turn their Laughing, into Blushing; And to be ashamed, as of a short Madness; That they have, in matters of Religion, taken their Disport, and Solace. But this, perchance, is of these Faults, which will be soon acknowledged; Though I perceive, nevertheless, that there want not some, who seek to blanche, and excuse it. But to descend, to a sincere View, and Consideration, of the Accidents, and Circumstances, of these Controversies, wherein, either part, deserveth Blame, or Imputation; I find, generally, in Causes of Church-matters, that Men do offend, in some, or all, of these five Points. The First is, the Giving Occasion, unto the Controversies; And also, the Vnconsiderate, and Ungrounded, Taking of Occasion. The Next is, the Extending, and Multiplying, the Controversies, to a more general Opposition, or Contradiction, then appeareth, at the first propounding of ●hem, when men's Judgements are least partial. The Third is, the Passionate, and unbrotherly Practices, and Proceedings, of both Parts, towards the Persons, each of others, for their Discredit, and Suppression. The Fourth is, the Courses, holden, and entertained, on either side, for the drawing of their Partisans, to a more strait, Union within themselves; Which ever importeth, a further Distraction, of the Entire Body. The last is, the Undue, and Inconvenient, Propounding, publishing, and Debating, of the Controversies. In which Point, the most palpable Error, hath been already spoken of; As that, which through the strangeness, and Freshness of the Abuse, first offereth itself, to the Conceits, of all Men. Now concerning the Occasion, of the Controversies; It cannot be denied, but that the Imperfections, in the Conversation, and Government of those, which have chief place in the Church, have ever been principal Causes, and Motives, of Schisms, and Divisions. For whiles the Bishops, and Governors, of the Church, continue full of Knowledge, and good Works; Whiles they Feed the Flock indeed; Whiles they deal, with the Secular States, in all Liberty, and Resolution, according to the Majesty of their Calling, and the precious care of Souls, imposed upon them; So long, the Church is situated, as it were upon an Hill; No Man maketh question of it, or seeketh to depart from it: But when these virtues, in the Fathers, and Leaders, of the Church, have lost their Light, And that they wax worldly, Lovers of themselves, and Pleasers of Men; Then Men begin, to groap for the Church, as in the Dark● They are in doubt, whether they be the Successors of the Apostles, or of the pharisees: yea, howsoever they sit in Moses Chair, yet they can never speak, Tanquam Authoritatem habentes, as having Authority, because they have lost their Reputation, in the Consciences of Men, by declining their steps, from the way, which they trace out to others. So as Men, had need, continually, have sounding in their Ears, this same; Nolite Exire: Go not out: So ready are they, to depart from the Church, upon every voice. And therefore, it is truly noted by one, that writeth as a Natural Man; That the Humility of the Friars, did, for a great time, maintain, and bear out, the Irreligion, of Bishops, and Prelates. For this is the Double Policy, of the spiritual Enemy; either by counterfeit Holiness of Life, to Establish, and Authorise Errors; Or by Corruption of Manners, to discredit, and draw in question, Truth, and Things Lawful. This concerneth, my Lords the Bishops, unto whom, I am witness to myself, that I stand affected, as I ought: No Contradiction hath supplanted, in me, the Reverence, that I owe to their Calling: Neither hath any Detraction, or Calumny, embased mine Opinion, of their Persons. I know some of them, whose Names are most pierced, with these Accusations, to be Men of great virtues; Although the Indisposition of the times, and the want of Correspondence, many ways, is enough to frustrate, the best Endeavours, in the Edifying of the Church. And for the rest, generally, I can condemn none. I am no Judge of them, that belong, to so High a Master; Neither have I two Witnesses. And I know, it is truly said, of Fame, that — Pariter Facta, a●que Infecta Canebat. Their Taxations, arise not, all, from one Coast; They have many, and different, Enemies; Ready to invent Slander, more ready ●o amplify it, and most ready to believe it. And Magnes Mendacii Credulitas; Credulity is the Adamant of Lies. But if any be, against whom, the supreme Bishop, hath not a few Things, but many Things; If any have lost his first Love; If any be neither Hot, nor Cold; If any have stumbled, too fond, at the Threshold, in such sort, that he cannot sit well, that entered ill; It is time they return, whence they are fallen, and confirm the Things, that remain. Great is the Weight of this Fault; Et eorum causâ abhorrebant à Sacr●ficio Domini: And For their Cause, did Men abhor, the Adoration of God. But howsoever it be, Those, which have sought to deface them, and cast Contempt upon them, are not to be excused. It is the precept of Salomo●, that the Rulers be not Reproached; No, not in our Thought. But that, we draw, our very Conceit, into a Modest Interpretation, of their Doings. The Holy Angel, would give no Sentence of Blasphemy, against the Common Slanderer, but said; Increpet te Dominus: The Lord Rebuke thee. The Apostle. Saint Paul, though against him, that did pollute Sacred Justice, with Tyrannous Violence, he did justly denounce ●he Judgement of God, saying; Per●utiet te Dominus: The Lord will strike thee: yet in saying, Paries dealbate, he thought he had gone too far, and retracted it. Whereupon a Learned Father said; Ipsum, quamvis inane nomen, & umbram Sacerdotis, expavit. The ancient Counsels, and Synods, (as is noted by the Ecclesiastical Story,) when they deprived any Bishop, never recorded the Offence, but buried it in perpetual Silence: Only Cham, purchased, his Curse, by revealing his Father's Disgrace, And yet a much gre●ter Fault is it, to ascend, from their Person, to their Calling, and draw that in question. Many good Fathers, spoke rigorously, and severely, of the unworthiness of Bishops; As if, presently, it did forfeit, and cease their Office. One saith; Sacerdotes nominamur, & non sumus: We are called Priests, but Priests we are not. Another saith; Nisi bonum Opus amplecta●is, Episcopus esse non potes: Except thou undertake the good work, thou canst not be a Bishop: Yet they meant nothing less, then to move doubt, of their Calling, or Ordination. The Second Occasion, of Controversies, is the Nature, and Humour, of some Men. The Church never wanteth, a kind of Persons, which love the Salutation, of Rabbi, Master; Not in Ceremony, or Compliment, but in an Inward Authority, which they seek, over men's Minds, in drawing them, to depend, upon their Opinions, and to seek Knowledge, at their Lips. These Men, are the true Successors, of Diotrephes, the Lover of Pre-eminence; And not, Lord Bishops. Such Spirits do light upon another sort of Natures, which do adhere to these Men; Quorum gloria in Obsequio; Stiff Followers, and such, as zeal mervailously, for those, whom they have chosen, for their Masters. This latter sort, for the most part, are Men, of young years, and superficial Understanding; Carried away, with par●iall respects of Persons; Or with the Enticing Appearance, of Godly Names, and Pretences: Pauci res ipsas sequuntur, plures nomina Rerum, plurimi nomina Magistrorum. Few follow the things themselves, more the names of the Things, and most the Names of their Masters. About these general Affections, are wreathed, and interlaced, accidental, and private Emulations, and Discontentment's; All which, together, break forth into contentions; Such as either violate Truth, Sobriety, or Peace. These generalities apply themselves. The Universities, are the Seat, or the Continent, of this Disease; Whence it hath been, and is derived, into the Rest of ●he Realm. There Men, will no longer be, é numero, of the Numeber. There, do others side themselves, before they know, their Right Hand, from their Left. So it is true, which is said; Transeunt ab Ignorantiâ, ad praejudicium. They skip from Ignorance to a prejudicated Opinion; And never take, a sound Judgement, in their way. But, as it is well noted; Inter juvenile judicium, & senile praejudicium, omnis veritas corumpitur: Through want of years, when Men are not indifferent, But partial, than their Judgement, is weak, and unripe. And when it groweth, to Strength, and Ripeness, by that time, it is forestalled, with such a Number of prejudicated Opinions, as it is made unprofitable: So as, between these two, all Truth is corrupted. In the mean while, the Honourable Names, of Sincerity, Reformation, and Discipline, are put in the fore Ward; So as, Contentions, and Evil Zeals, cannot, be touched, except these Holy Things, be thought first to be violated. But howsoever, they shall infer, the Solicitation, for the Peace, of the Church, to proceed, from Carnal Sense, yet, I will conclude, ever, with the Apostle Paul; Cum sit inter vos, Zelus, & Contentio, nun carnales estis? While there is amongst you, Zeal, and Contention, are ye not carnal? And howsoever, they esteem, the Compounding of Controversies, to savour of Man's Wisdom, and Human Policy; And think themselves led, by the Wisdom, which is from above; yet I say with Saint James; Non est ista sapientia de sursum descendens; sed Terrena, Animalis, Diabolica. Vbi enim Zelus, & Contentio, ●bi Inconstantia, & omne opus pravum. Of this Inconstancy, it is said by a Learned Father; Procedere volunt, non ad perf●ctionem, sed ad permutationem: They seek to go forward still, not to perfection, but ●o change. The Third Occasion of Controversies, I observe to be, an Extreme and unlimited, Detestation, of some former Heresy, or Corruption, of the Church, already acknowledged, and convicted. This was the Cause, that produced, the Heresy of Arrius, grounded, especially, upon Detestation of C●ntilism; lest the Christians, should seem, by the Assertion, of the equal Divinity, of our Saviour Christ, to approach, unto the Acknowledgement, of more ●ods, than One. The Detestation, of the Heresy, of Arrius, produced that of Sabellius; who holding ●or Execrable, the Dissimilitude, which Arrius pretended in the Trinity, fled so far from him, as he fell upon that other extremity, to deny the Distinction of Pers●ns: And to say, they were, but only Names, of sev●rall Offices, and Dispensations. Yea, most of the Heresies, and schisms, of the Church, have sprung up, of this Root; While M●n, have made it, as it were, their S●ale, by which, to measure the Bounds, of the most perfect Religion; Taking it, by the furthest distance, from the Error, last condemned. These be Posthumi Haeresium Filii; Heresies, that arise, out of the Ashes, of other Heresies, that are extinct, and amortized. This Manner of Apprehension, doth, in some degree, possess many in our Times. They think it the true Touchstone, to try what is good and evil, by measuring, what is more, or less, opposite, to the Institutions, of the Church, of Rome; Be it Ceremony; Be it Policy, or Government; yea, be it other Institutions of greater Weight; That is ever most perfect, which is removed, most degrees, from that Church: And that, is ever polluted, and blemished, which participateth, in any Appearance, with it. This is a subtle, and dangerous, Conceit, for Men to entertain; Apt to delude themselves, more apt to delude the People, and most apt of all, to calumniate their Adversaries. This surely, (but that a Notorious Condemnation, of that Position, was before our Eyes,) had, long since, brought us, to the Rebaptisation of Children, baptised according to the Pretended Catholic Religion. For I see that, which is a Matter, of much like reason; Which is the re●ordaining of Priests, is a Matter, already, resolutely maintained. It is very meet, that Men beware, how they be abused by this Opinion; And that they know, that it is a Consideration, of much greater Wisdom, and Sobriety, to be well advised; whether, in general Demolition, of the Institutions, of the Church, of Rome, there were not, (as men's Actions are imperfect,) some Good purged with the Bad; Rather, then to purge the Church as they pretend, every day anew: Which is the way, to make a wound in the Bowels, as is already begun. The Fourth, and Last, Occasion, of these Controversies, (a Matter, which did, also, trouble the Church, in former times,) is the partial, Affectation, and Imitation, of Foreign Churches. For many of our Men, (during the time of persecution, and since,) having been Conversant, in Churches abroad; And received, a great Impression, of the form of Government, there ordained, have violently sought, to intrude the same, upon our Church. But I answer; Consentiamus in eo quod convenit, non in eo quod receptum est: Let us agree in this, that every Church do that, which is convenient, for the State, of itself, and not in particular Customs: Although thei● Churches, had received, the better Form, yet, many times, it is to be sought; Non quod Optimum, sed é bonis quid ●roximum: Not t●at which is Best, but of good Things, which is the Best, and Readiest, to be had. Our Church is not now to plant; It is settled, and established. It may be in Civil States, a Republic, is a better Policy, than a Kingdom; Yet God forbid, that lawful Kingdomes● should be tied to innovate, and make Alterations. Qui mala introducit, voluntatem Dei oppugnat, revelatam in verbo; Qui Nova intro●ucit, voluntatem Dei oppugnat, revelatam in Rebus. He that bringeth in Evil Customs, resisteth the will of God, revealed in his Word; He that bringeth in new Things, resisteth the Will of God, revealed in the Things themselves. Consul providentiam Dei cum verbo Dei; Take Counsel, of the Providence of God● as well as of his Word. Neither yet do I admit, that their Form, although it were possible, and convenient, is better than ours, if some Abuses were taken away. The Parity, and Equality, of Ministers, is a Thing, of wonderful great Confusion: And so is An Ordinary Government by Synods; which doth, necessarily, ensue upon the other. It is hard, in all Causes, but especially in Religion, when Voices, shall be Numbered, and not Weighed: Equidem, (saith a Wise Father,) ut verè quod res est scribam, prorsus decrevi fugere omnem Conventum Episcoporum; Null●us enim Concilii bonum exitum unquam vidi; Concilia enim non minuunt Mala, sed augent potius. To s●y the truth, I am utterly determined, never to come, to any Council of Bishops. For I never yet saw, good end, of any Council; For Counsels aba●e not ill things, but rather increase them. which is to be understood, not so much of General Counsels, as of Synods, gathered, for the ordinary Government of the Church. As for the Deprivation of Bishops, and such like causes; This mischief hath taught the use of Arch Bishops, Patriarches, and Primates; as the abuse of them since, hath taught Men to mislike them. But it will be said; Look to the Fruits, of the Churches abroad, and Ours. To which I say, that I beseech the Lord, to multiply his Blessings, and Graces, upon those Churches, an hundred fold. But yet, it is not good, that we fall, on the numbering of them. It may be, our peace, hath made us more wanton. It may be also, (though I would be loath, to derogate, from the Honour, of those Churches, were it not to remove Scandals,) that their Fruits, a●e, as Torches, in the Dark, which appear greatest, afar off. I know, they may have some strict Orders, for the repressing of sund●y Excesses: But when I consider, of the Censures of some persons, as well upon particular Men, as upon Churches; I think on the saying of a Platonist, who saith; Certe vitia Irascibilis partis Animae sunt gradu praviora, quam concupiscibilis, ●ametsi occultiora: A matter, that appeared much, by the Ancient Contentions, of Bishops. God grant, that we may contend, with other Churches, as the Vine with the Olive, which of us shall bear the best Fruit; And not, as the Briar with the Thistle, which of us is most unprofitable. And thus much, touching the occasions of these Controversies. Now, briefly, to set down, the Growth and Progression, of the Controversies: whereby will be verified, the saying of Solomon; That the Cou●se of Contention, is to be stopped, at the first; Being else as the waters, which if they gain a Breach, it will hardly ever be recovered. It may be remembered, that on that part, which call for Reformation, w●s first, propounded, some Dislike, of certain Ceremonies, supposed to be Superstitious; some complaint of Dumb Ministers, who possess Ric● Benefices; And some Invectives, against the Idle, and Monastical, Continuance, within the Universities, by those, who had Livings to be resident upon, and such like Abuses. Thence, they went on, to condemn, the Government, of Bishops, as an Hierarchy, Remaining to us, of the Corruptions, of the Roman Church; And to except, to sundry Institutions, in the Church; As not sufficiently, delivered, from the pollutions, of former Times. And lastly, they are advanced, to define, of an only, and perpetual Form, of Policy, in the Church; which, without Consideration, of possibility, and foresight of Peril, and perturbation of the Church, and State, must be erected, and planted, by the Magistrate. Here they stay. Others, not able, to keep footing in so steep Ground, descend further; That the same must be entered into, and accepted of the people, at their peril, without the Attending, of the Establishment, of Authority. And, so in the mean time, they refuse to communicate with us, reputing us to have no Church. This hath been, the progression, of that side. I mean of the Generality. For I know, some persons, (being of the Nature, not only to love Extremities, but also, to fall to them, without degrees●) were at the highest strain, at the first. The other Part, which maintaineth, the present Governments of the Church, hath not kept, one Tenor, neither. First those Ceremonies, which were pretended, to be corrupt, they maintained, to be things indifferent; and opposed, the examples, of the good Times, of the Church, to that challenge, which was made unto them, because they were used, in the latter superstitious Times. Then were they also content, mildly, to acknowledge, many Imperfections, in the Church; As Tares, come up, amongst the Corn; which yet, (according to the wisdom, taught by our Saviour,) were not, with strife, to be pulled up, lest it might spoil, and supplant, the good Corn; But to grow on together till the Harvest. After, they grew, to a more absolute Defence, and Maintenance, of all the Orders, of the Church; And stiffly, to hold, that nothing was to be innovated; partly because it needed not, partly because it would make a Breach, upon the Rest. Hence, (exaspected through Contentions,) they are fallen, to a direct Condemnation of the Contrary part, as of a Sect. Yea, and some ●ndiscreet persons, have been bold, in open Preaching, to use dishonourable, and Derogatory, Speech, and censure, of the Churches abroad: And that so far, as some of our Men, (as I have heard,) ordained in Foreign parts, have been pronounced, to be no lawful Ministers. Thus we see, the Beginnings were modest, but the Extremes, are violent. So as there is, almost, as great a Distance, now, of either side, from itself, as was, at the first, of one, from the other. And surely, though my Meaning, and Scope, be not, (as I said before,) to enter into the Controversies themselves, yet I do admonish, the Maintainers, of the alone Discipline, to weigh, and consider, seriously, and attentively, how near they are unto them, with whom, I know, they will not join. It is very hard to affirm, that the Discipline, which, they say, we want, is one of the essential parts, of the worship of God; And not, to affirm withal, that the People themselves, upon peril of Salvation, without staying for the Magistrate, are to gather themselves into it. I demand, if a Civil State, should receive the Preaching, of the Word, and Baptism; And interdict, and exclude the Sacrament of the Lords Supper: were not Men bound, upon danger of their souls, to draw themselves, to Congregations, wherein they might celebrate this Mystery? And not to content themselves, with that part of God's worship, which the Magistrate, had authorised? This I speak, not to draw them, into the mislike of others, but into a more deep Consideration, of themselves: Fortasse non redeunt, quia suum progressum, non intelligunt. Again, to my Lords, the Bishops, I say; That it is hard, for them, to a void Blame, (in the Opinion of an indifferent person,) in standing, so precisely, upon Altering nothing. Leges, novis Legibus, non recreatae, acescunt. Laws, not refreshed, with new Laws; wax sour. Qui mala non permutat, in bonis non perseve●ra●: Without change of ●ll, a Man cannot continue the Good. To take away many Abuses, Supplanteth not good orders, but establisheth them. Morosa Moris Retentio, Res turbulenta est, aeque ac Novitas: A contentious Retaining of Custom is a Turbulent ●hing, as well as Innovation. A good Husband, is ever proining in his Vineyard, or his Field; Not unseasonably, indeed, not unskilfully, but lightly he findeth, ever somewhat to do. We have heard, of no Offers of the Bishops, of Bills in Parliament; which, no doubt, proceeding from them, to whom it properly belongeth, would have every where received Acceptation. Their own Constitutions, and Orders, have reform them little. Is nothing amiss? Can any Man defend, the use of Excommunication, as a Base Process, to lackay up, and down, for Duties, and Fees; It being, a precursory Judgement, of the latter day? Is there no Mean, to train, and nurse up, Ministers? (For the yield, of the Universities, will not serve, though they were never so well governed:) To train them, I say, not to Preach, (For that, every Man, confidently, adventureth, to do;) But to preach sound, and to handle the Scriptures, with Wisdom, and Judgement? I know, Prophesying, was subject to great Abuse; And would be more abused now, because Heat of Contentions, is increased: But I say, the only Reason, of the Abuse, was, because, there was admitted to it, a Popular Auditory; And it was not contained, within a private Conference, of Ministers: Other things, might be spoken of. I pray God, to inspire the Bishops, with a fervent Love, and Care, of the People; And that they may not, so much, urge Things in Controversy, as Things out of Controversy; Which all Men, confess to be Gracious, and Good. And thus much, for the Second Point. N●w as to the Third Point, of unbrotherly Proceeding, on either Part; It is, directly, contrary to my Purpose, to amplify wrongs. It is enough, to note, and number them; Which I do also, to move Compassion, and Remorse, on the Offending Side; And not, to animate Challengers, and Complaints, on the other. And this Point, (as Reason is,) doth chiefly touch that side, which can do most: Injuriae potentiorum sunt: Injuries, come from them, that have the upper hand. The Wrongs of them, which are possessed, of the Government, of the Church, towards the other, may, hardly, be dissembled, or Excused. They have charged them, as though, they denied Tribute to Caesar; And withdrew, from the Civil Magistrate, the Obedience, which they have ever performed, and taught. They have sorted, and coupled them, with the Family of Love, whose Heresies, they have laboured, to destroy, and Confute. They have been swift of Credit, to receive Accusations against them, from those, that have quarrelled with them, but for speaking, against Sin, and Vice. Their Accusations, and Inquisitions, have been strict, Swearing Men to Blanks, and Generalities; Not included within compass of Matter certain; Which the Party, which is to take the Oath, may comprehend, to be, a Thing Captious, and Strainable. Their urging of Subscription, to their own Articles, is but Lacessere, & irritare, Morbos Ecclesiae; Which otherwise, would spend, and exercise, themselves. Non concessum quaerit, sed dissidium, qui, quod factis praestatur, in verbis e●igit. He seeketh not unity, but Division, which exacteth that in words, which Men are content to yield in Action. And it is true, there are some, which, (as I am persuaded,) will not, easily, offend, by Inconformity, who, notwithstanding, make some conscience, to subscribe. For they know, this Note, of Inconstancy, and Defection, from that, which they have long held, shall disable them, to do that good, which otherwise they might do: For such is the weakness of Many, that their Ministry, should be thereby discredited. As for their easy Silencing of them, in such great scarcety of Preachers, it is to punish the People, and not them. Ought they not, (I mean the Bishop,) to keep one Eye open, To look upon the Good, that the Men do; but to fix them both, upon the Hurt, that they suppose cometh by them? Indeed, such as are intemperate, and Incorrigible, God forbid they should be permitted to Preach: But shall every inconsiderate Word, sometimes, captiously watched, and for the most part, hardly enforced, be as a Forfeiture, of their voice, & Gift, in preaching? As for sundry particular Molestations, I take no pleasure to recite them. If a Minister, shall be troubled, for saying in Baptism; Do you believe, for, Dost thou believe? If another, shall be called in question, for praying for her Majesty, without the Additions, of her Style; whereas, the very form of Prayer, in the Book of Common Prayer, hath, Thy Servant Elizabeth, & no more: If a Third, shall be accused, upon these words, uttered touching the Controversies, Tollatur Lex, & fiat Certamen: (Whereby was meant, that the prejudice, of the Law, removed, either Reasons should be equally compared;) Of calling the People, to Sedition, and Mutiny; As if he had said; Away with the Law, and try it out with Force: If these, and other like particulars, be true, which I have, but by Rumours and cannot affirm; It is to be lamented, that they should labour, amongst us, with so little comfort. I know, Restrained Governments, are better, then Remiss; And I am, of his mind, that said; Better is to live where nothing is lawful, then where all Things are lawful. I dislike, that Laws should not be continued, or Disturbers be unpunished: But Laws, are likened to the Grape, that being too much pressed, yields, an hard, and unwholesome, Wine. Of these Things, I must say; Ira Viri non operatur justiciam Dei. The Wrath of Man worketh not the Righteousness of God. As for the Injuries, of the other Part, they be Ictus inermes; As it were, Headless Arrows: They be Fiery, and Eager, Invectives; And, (in some fond Men,) uncivil, and unreverent, Behaviour, towards their Superiors. This last invention also, which exposeth them, to Derision, and Obloquy, by Libels, chargeth not (as I am persuaded,) the whole side: Nei●her doth that other, which is yet more odious, practised by the worst sort of them; which is, to call in, (as it were, to their Aides, (certain Mercenary Bands, which impugn Bishops, and other Ecclesiastical Dignities, to have the spoil, of their Endowments, and Livings; Of those I cannot speak too hardly. It is an Intelligence, between Incendiaries, and Robbers; The one to Fire the House, the other to Rifle it. The Fourth Point, wholly pertaineth to them, which impugn, the present Ecclesiastical Government; who, although, they have not cut Themselves off, from the Body, and Communion, of the Church; yet do they affect, certain Cognisances and Differences, wherein they seek to correspond amongst themselves, and to be separate from others. And it is truly said; Tam sunt Mores quidam Schismatici, quam Dogmata Schismatica: There be as well Schismatical Fashions, as Opinions. First, they have impropriated, unto themselves, the Names of Zealous, Sincere, and Reform; As if, all others, were Cold, Minglers of Holy Things, and Profane, and Friends of Abuses: Yea, be a man endued, with great Virtues, and fruitful in good works; yet if he concur not with them, they term him, (in Derogation,) a Civil, and Moral, Man; And compare him, to Socrates, or some Heathen Philosopher: Whereas the Wisdom of the Scriptures, teacheth us otherwise: Namely, to judge, and denominate Men Religious, according to their Works, of the Second Table: Because they of the First, are often Counterfeit, and practised in Hypocrisy. So Saint john saith; That a Man, doth vainly boast, of Loving God, whom he never saw, if he love not his Brother, whom he hath seen. And Saint james saith; This is true Religion, to visit the Fatherless, and the Widow. So as that, which is, with them, but Philosophical, and Moral, is, in the Apostles Phrase, True Religion, and Christianity. As in Affection, they challenge, the said Virtues of Zeal, and the rest; So in Knowledge, they attribute unto themselves, Light, and Perfection. They say, the Church of England, in King Edward's time, and in the Beginning of her Majesty's Reign, was but in the Cradle; And the Bishops, in those times, did somewhat, for daybreak; But that, Ma●urity● and Fullness, of Light, proceeded from themselves. So Sabinius, Bishop of Heraclea, a Macedoniam Heretic, said; That the Fathers, in the Council of Nice were but Infants, and Ignorant Men: That the Church, was not so perfect in their Decrees, as to refuse, that Further Ripeness, of Knowledge, which Time had revealed. And as they censure, virtuous Names, by the Names, of Civil, and Moral; So do they censure Men, truly, and godly wise, (who see into the vanity of their Affections,) by the name of Politics: saying, that their Wisdom, is but Carnal, and savouring of Man's Brain. So likewise, if a Preacher, preach with Care, and Meditation; (I speak not, of the vain, Scholastical, Manner of Preaching; But sound indeed, ordering the Matter, he handleth, distinctly, for Memory; Deducting, and drawing it down, for Direction; and authorising it, with strong proofs, and warrants;) They censure it, as a Form of Speaking, not becoming, the Simplicity of the Gospel; And refer it, to the Reprehension, of Saint Paul, speaking, of the Enticing Speech, of Man's Wisdom. Now, for their own Manner of Preaching, what is it? Surely, they exhort well, and work Compunction of Mind; And bring Men well to the Question; Viri, Fratres, quid ●aciemus? But that is not enough; Except they resolve the Question. They handle, Matters of Controversy, weakly, and obiter, and as before a People, that will accept of any Thing. In Doctrine of Manners, there is little, but Generality, and Repetition. The word, (the Bread of Life,) they toss up and down, they break it not: They draw not, their Directions down, ad Casus Conscientiae: That a Man may be warranted, in his perpetual Actions, whether they be Lawful, or not. Neither, indeed, are many of them, able, to do it; What through want, of Grounded knowledge; What through want, of Study, and Time. It is a Compendious, and easy Thing, to call for the Observation of the Sabbath Day; or to speak against unlawful Gain: But what Actions, and works, may be done upon the Sabbath, and what not; And what Courses, of Gain, are Lawful, and in what Cases? To set this down, and to clear the whole Matter, with good Distinctions, and Decisions, is a Matter of great Knowledge, and Labour; And asketh much Meditation, and Conversing, in the Scriptures, and other Helps, which God hath provided, and p●eserve●, for Instruction. Again, they carry not, an equal Hand, in Teaching the People, their lawful Liberty, as well, as their Restraints, and Prohibitions: But they think, a Man, cannot go too far, in that, that hath a show of a Commandment. They forget, that there are Sins, on the Right Hand, as well as o● the Left; And that, the word is double edged, and cutteth on both Sides; As well the Profane Transgressions; as the superstitious Observances. Who doubteth, but that, it is as unlawful, to shut, where God hath opened, as to open, where God hath shut: To bind, where God hath loosed, as to lose, where God hath bound. Amongst Men, it is, commonly, as ill taken, to turn back Fav●●●s, as to disobey Commandments. In this Kind of Zeal, (for Example,) they have pronounced, generally, and without difference, all Untruths, unlawful; Notwithstanding, that the Midwives, are directly reported, to have been blessed, for their Excuse: And Rahab, is said, by Faith, to have concealed the Spies: And Salomon's selected judgement, proceeded upon a Simulation: And our Saviour, the more to touch the Hearts, of the two Disciples, with an holy Dalliance, made, as if he would have passed Emaus. Further, I have heard some Sermons of Mortification, which, I think, with very good Meaning, they have preached, out of ●heir own Exprience, and Exercise; And Things, in private Counsels, not unmeet: But surely, no Sound Conceits, Much like to Parson's Resolution, or not so good; Apt, to breed in Men, rather weak Opinions, and perplexed Despairs, then Filial, and True Repentance, which is sought. Another Point, of great Inconvenience, and peril, is, to entitle the People, to hear Controversies, and all Kind's of Doctrine. They say, no part, of the Counsel, of God, is to be suppressed, nor the People defrauded. So as the Difference, which the Apostle maketh, between Milk, and Strong Meat, is confounded: And his Precept, that the weak, be not admitted, unto Questions, and Controversies, taketh no place. But most of all is to be suspected, as a Seed of further Inconvenience, their Manner, of Handling the Scriptures. For whilst, they seek express, Scripture, for every Thing; And that they have, in a manner, deprived themselves, and the Church, of a special Help, and Support, by Embasing, the Authority, of the Fathers; They resort to Naked Examples, Conceited Inferences, and Forced Allusions; such, as do mine, into all Certainty, of Religion. Another Extremity, is the Excessive Magnifying of that, which though it be a principal, and most holy Institution; yet hath it Limits, as all things else have. We see, wheresoever, in a manner, they find in the Scriptures; The Word, spoken of, they expound it of Preaching. They have made it, in a manner, of the Essence, of the Sacrament, of the Lords Supper, to have a Sermon precedent. They have, in a sort, annihilated the use of Liturgies, and Forms of Divine Service; Although, the House of God be denominated, of the Principal, Domus Orationis; A House of Prayer, and not a House of Preaching. As for the Life, of the good Monks, and Hermits, in the Primitive Church, I know, they will condemn a Man, as half a Papist, if he should maintain them, as other than Profane, because they heard no Sermons. In the mean time, what Preaching is, and who may be said to Preach, they move no Question. But, (as far, as I see,) every man, that presumeth to speak in Chair, is accounted a Preacher. But I am assured, that not a few, that call hotly, for a Preaching Ministry, deserve to be the First themselves, that should be expelled. All which Errors, and Misproceeding, they do fortify, and entrench, by an addicted Respect, to their own Opinions; And an Impatience, to hear Contradiction, or Argument; yea, I know some of them, that that would think it, a Tempting of God, to hear, or read, what may be said against them: As if there could be, A, Quod bonum est, tenete; without an Omnia probate, going before. This may suffice, to offer unto themselves, a Thought, and Consideration, whether, In these things, they do well, or no? And to correct, and assuage, the Partiality, of their Followers. For as for any Man, that shall, hereby, enter into a Contempt of their Ministry; it is but his own Hardness of Hart. I know, the work of Exhortation, doth chiefly rest, upon these Men, and they have Zeal, and Hate, of Sin. But again, let them take Heed, that it be not true, which one of their Adversaries said; That they have but two small wants; Knowledge, and Love. And so I conclude this Point. The last Point, touching the due Publishing, and Debating, of these Controversies, needeth no long Speech. This strange Abuse, of Antiques, and Pasquil's, hath been touched before. So likewise, I repeat that, which I said; That a Character of Love, is more proper for Debates, of this Nature, then that of Zeal: As for all direct, or indirect, Glances, or Levels, at men's Persons, they were ever, in these Causes, disallowed. Lastly, whatsoever be pretended, the People is no meet Arbitrator; but rather the quiet, modest, and private Assemblies, and Conferences, of the Learned. Qui apud Incapacem loquitur, non disceptat, sed calumniatur. The Press, and Pulpit, would be freed, and discharged, of these Contentions: Neither Promotion, on the one Side; nor Glory, and Heat, on the other Side, aught to continue those Challenges, and Cartells, at the Cross, and other Places. But rather, all Preachers, especially such as be of good temper, and have Wisdom with Conscience, aught to inculcate, and beat upon a Peace, Silence, and Surseance. Neither let them fear Solon's Law, which compelled, in Factions, every particular Person, to range himself, on the one side; Nor yet, the fond Calumny of Neutrality. But let them know, that is true, which is said by a wise Man; That Neuters, in Contentions, are either better, or worse, than either Side. These things have I, in all sincerity, and simplicity, set down, touching the Controversies, which now trouble, the Church of England. And that, without all Art, and Insinuation. And therefore, not like to be grateful, to either Part. Notwithstanding, I trust, what hath been said, shall find a Correspondence, in their minds, which are not embarked in Partiality; And which love the Whole, better than a Part. Wherefore, I am not, out of hope that it may do good; At the least, I shall not repent myself, of the Meditation. FINIS. IN HAPPY MEMORY, OF ELIZABETH, QUEEN of ENGLAND. OR, A COLLECTION, OF THE FELICITIES, OF Queen Elizabeth. Written by his Lordship in Latin; AND Englished by the Publisher. QVeen Elizabeth, both in her Natural Endowments, and her Fortune, was Admirable amongst Women, and Memorable amongst Princes. But this is no Subject, for the Pen of a mere Scholar, or any such Cloistered Writer. For these Men, are eager in their Expressions, but shallow in their Judgements; And perform the Scholar's part well, but transmit Things but unfaithfully to Posterity. Certainly, it is a Scienc●, belonging to Statesmen, and to such as sit at the Helms of great Kingdoms; and have been acquainted with the weight, and Secrets, of Civil Business; to handle this matter dextrously. Rare, in all Ages, ha●h been the Reign of a Woman: More rare, the Felicity of a Woman, in her Reign: But most rare, a Permanency, and Lasting, joined with that Felici●y. As for this Lady, she reigned Four and Forty years, complete, and yet she did not survive her Felicity. Of this Felicity, I am purposed to say somewhat; yet without any Excursion into Praises. For Praises are the Tribute of Men, but Felicity the Gift of God. Fi●st, I reckon it as a part of her Felicity, that she was advanced to the Regal Throne, from a Private Fortune. For this is ingenerate, in the Nature, and Opinions, of Men, to ascribe that, to the greatest Felicity, which is not counted upon, and cometh unlooked for But this is not that I intent. It is this. Princes, that are trained up, in their Father's Courts, and to an immediate, and Apparent, Hope of Succession, do get this, by the Tenderness, and remisseness, of their Education, that they become (commonly) less capable, and less Temperate, in their Affections. And therefore, you shall find those, to have been the ablest, and most accomplished Kings, that were Tutoured, by both Fortunes. Such was with us, King Henry the Seventh; An● with the French, Lewis the Twel●●h: Both which, in recent Memory, and, almost, about the same time, obtained their Crowns, not only, from a Private, but also from an Adverse, and Afflicted, Fortune; And did both excel, in their several ways; The former in Prudence; And the other in justice.. Much like was the Condition of this Princess, whose Blossoms, and Hopes, were unequally aspected by Fortune; That afterwards, when she came to the Crown, Fortune might prove, towards her, always Mild, and Constant. For Qu●en Elizabeth, soon after she was born, was entitled to the Succession, in the Crown; upon the next turn disinherited again; Then laid aside, and slighted: During the Reign, of her Brother, her Estate, was most Prosperous, and Flourishing; During the Reign, of her Sister, very Tempestuous, and full of Hazard. Neither yet, did she pass, immediately, from the Prison, to the Crown; (which sudden Change, might have been enough, to make her cast off all Moderation;) But first she regained her Liberty; Then there budded forth some probable Hopes of Succession; And lastly, in a great Still, and Happiness, she was advanced to the Imperial Crown, without either Noise, or Competitour. All which I allege, that it may appear, that the Divine Providence, intending to produce, a most exquisite Princess, was pleased, to prepare, and mould Her, by these Degrees, of Discipline. Neither ought the Misfortune of her Mother, justly to slain, the pure Stream of her Blood; especially, seeing it is very evident, that King Henry the eighth did fi●st burn, with new Loves, before he was inflamed, with Indignation, against Queen Anne: Neither is it unknown, to the Ages, since, that he was a King, naturally prone, to Loves, and Jealousies; And not containing himself, in tho●e cases, from the effusion of Blood. Besides, the very person, for whom she was suspected, showeth, the Accusation, to be less probable, and built upon weak, and frivolous, Suppositions: Which was, both secretly whispered, in many men's ears, at that Time; And which, Queen Anne herself, testified, by her undaunted courage, and that memorable Speech of hers, at the Time of her Death. For having gotten, (as she supposed,) a faithful and friendly, Messenger, in the very Hour before her Death, she delivered him these words, to relate unto the King; That she had ever found the King, very constant and firm, to his purpose of Advancing her; For first, from the estate of a Gentlewoman, only, and no way pretending to Noble Titles, He raised Her, to the Honour of a Marchioness; Next, he vouchsafed to make her his Consort, both of his Kingdom, and Bed; And now, that there remained no higher earthly Honour, he meant to crown her Innocency, with the Glory of martyrdom. But though, the messenger durst not relate these words to the King, who was already inflamed with new Loves; yet certain Tradition, the Conserver of Truth, hath conveyed them to Posterity. Another principal thing, which I cast into Queen Elizabeth's Felicity, was the Time, and Period of her Reign; Not only for that it was Long, but also, because it fell, into that season, of her Life, which was most Active, and Fittest, for the swaying of a Sceptre. For she was fully Five and Twenty years old, (at which age, the Civil Law freeth from a Cura●our,) when she came to the Crown; And reigned to the Seventieth year of her Life. So that she never suffered, either the Detriments, of Pupillage, and Check of an Over-awing Power; Or the Inconveniencies of an Impotent, and unwieldy, Old-age. And Old-age, is not, without a competent portion of miseries, even to private men; But to Kings, besides the Common Burden of years, it brings, for the most part, a Declining, in the Estates, they govern, and a Conclusion of their Lives, without Honour. For there hath scarce been known a King, that hath lived, to an Extreme, and Impotent Old-age, but he hath suffered some Detriment, in his Territories, and gone less in his Reputation. Of which Thing, there is a most eminent Example, in Philip the Second, King of Spain, a most puissant Prince, and an Excellent Governor; Who, in the last years of his Life, and Impotent Old-age, was sensible of this, whereof we speak; And therefore, with great circumspection, submitted Himself, to Nature's Law; Voluntarily surrendered the Territories he had gotten in France; Established a Firm Peace in that Kingdom; Attempted the like in other Places; That so, He might transmit his Kingdoms, Peaceable, and Entire, to his next Heir. Contrariwise, Queen Elizabe●hs Fortune, was so constant, and deeply rooted, that no Disaster in any of her Dominions, accompanied, her ind●ed declining, but still able, years: Nay further, for an undeniable Token of her Felicity, she died not, before the Rebellion in Ireland, was fortunately decided, and quashed, by a Battle there; Lest otherwise, it might have defalked, from the Totall Sum, of her Glory. Now the Condition also, of the People, over whom she reigned, I take to be a Matter, worthy our Observation. For i● her Lot had fallen, amongst the desolate ●●lmyrens, or in Asia, a soft, and effeminate Race of Men, a Woman-Prince, might have been sufficient, for a Womanish People; But for the English, a Nation, stout, and warlike, to be ruled by the Check of a Woman, and to yield so humble Obedience to her, is a Thing deserving the highest Admiration. Neither was this Disposition of her People, (Hungry of War, and unwillingly bowing to Peace,) any Impediment to her, but that she enjoyed, and maintained, Peace, all her Days. And this Desire, in her, of Peace, together with her fortunate accomplishment thereof, I reckon to be one, of her chiefest Praises. For this was Happy for her Times, Comely for her Sex, and Comfortable to her Conscience. Indeed, about the Tenth year of her Reign, there was an Offer of a Commotion, in the Northern Parts; But it was soon laid asleep, and extinguished: But all her Reign beside, was free from the least Breath, or Air, of Civil Broils. Now I judge the Peace, maintained by her, to be the more eminent, for two causes; Which indeed make nothing for the Merit of that Peace, but much for the Honour. The one, that it was set off, and made more conspicuous, by the Broils, and Dissensions, of Neighbouring Nations; As it were, by so many Lights, and Torches: The other, that amidst the Benefits of Peace, she lost not the Honour of Arms: Insomuch, that the Reputation, of the English Arms, was not only preserved, but also advanced by her, upon many glorious Occasions. For the Succours, sent into the Netherlands, France, and Scotland; The Expeditions by Sea into both the Indies, whereof some circled the whole Globe of the Earth; The Fleets sent into Portugal and to annoy the Coasts of Spain; And lastly, the often Suppressions, and Overthrows, of the Rebels in Ireland; did both show the warlike Prowess of our Nation, to be no whit diminished; And did much increase the Renown of the Queen. There was another Thing, that did greatly advance her Glory: That both by her timely Succours, her Neighbour Kings were settled in their Rightful Thrones; and the Suppliant People, (who by the ill advisedness of their Kings, were abandoned, and given over, to the Cruel●y, of their Ministers; And to the Fury, of the Multitude; and to all manner, of Butchery, and Desolation; were relieved by Her; By reason whereof, they subsist unto this Day. Neither was She a Princess, less Benign, and Fortunate in the Influence of her Counsels, then of her Succours; As being One, that had, oftentimes, interceded to the King of Spain, to mitigate his wrath, against his Subjects, in the Netherlands, and to reduce them to his Obedience, upon some tolerable Conditions; And further, as being one, that did perpetually, and upon all occasions, represent to the French Kings, the Observation of their own Edicts, so often declaring, and promising, peace to their Subjects. I cannot deny, but that these good Counsels of hers, wanted the Effect: In the former, I verily believe, for the Universal good of Europe; Lest happily, the Ambition of Spain, being unloosed from his Fetters, should have poured itself, (as things than stood,) upon the other Kingdoms, and States of Christendom: And for the latter, the Blood of so many Innocents', with their Wives, and Children; Slain, within their own Harbours, and Nests, by the Scum of the People, (who like so many Mastiffs, were let loose, and heartened, and even set upon them, by the State;) would not suffer it; which did continually cry unto God for Vengeance, that so Bloodsucking a Kingdom, might have her fill thereof, in the intestine, Slaughters, and Consumption, of a Civil War. Howsoever she persisted, to perform the part of a wise, and loving, Confederate. There is another Cause also, for which we may justly admire, this Peace, so constantly pursued, and maintained, by the Queen. And that is, that it did not proceed, from any Bent, or Inclination, of those Times; But from the Prudency, of her Government, and discreet Carriage of Things. For whereas, she herself, was not without manifest Danger, from an ill affected Party at home, for the Cause of Religion; And that the Strength and Forces of this Kingdom, were in the Place of a Bulwark, to all Europe, against the then dreadful, and overflowing, Ambition, and Power, of the King of Spain; She might have apprehended just Cause of a War: But, as she was still ready, with her Council, so she was not, behind hand, with her Forces. And this we are taught by an Event, the most Memorable, of any in our time, if we look upon the Felicity thereof. For when as the Spanish Navy, (set forth with such wonderful Preparations, in all kinds; the Terror, and Amazement of all Europe; Carried on with almost Assurance of victory;) came braving upon our Seas; It took not so much, as one poor Cockboat of ours, nor fired any one Village, nor landed one Man upon English Ground; But was utterly defeated, and after a shameful Flight, and many shipwrecks, quite dispersed; So as the Peace, of this Kingdom, was never more Firm, and Solid. Neither was her Felicity less, in Escaping Treacherous Attempts at home, then in subduing, and Defeating, foreign Invasions. For not a few Treasons, plotted against her Life, were, most fortunately, discovered, and disappointed. And this was no cause, to make her lead, a more fearful, or diffident, life, than before. No new Increase of her Guard; No Immuring herself within her own Walls, or Forbearing to be seen abroad; But as one assured, and confident; And that was more mindful of her Escape from Danger, then of the Danger itself, she was constant, to her former Customs, and Fashions. Furthermore, it is worth our labour, to consider the Nature of the Times, in which she Reigned. For there are some Times, so Barbarous, and Ignorant, that it is no greater matter, to govern People, then to govern a Flock of Sheep. But this Queen, fell upon Times, of singular Learning, and Sufficiency; In which, it was not possible, to be eminent, without admirable Endowments of wit, and a Rare Temper of Virtue. Again, the Reigns of Women, are, For the most part, obscured by their Husbands: Upon whom, all their Praises, and worthy Acts, do re●lect: As for those, that continue unmarried, it is they that impropriate, the whole glory, and meri●, to themselves. And this was the peculiar Glory of this Princess; That she had no Props, or Supports, of her Government, but those, that were, of her own making. She had no Brother, the Son of her Mother; No Uncle; None other of the Royal Blood and Lineage, that might be Partner in her Cares, and an Upholder of the Regal Dignity. And as for those, whom she raised to Honour, she carried such a discreet Hand over them, and so interchanged her Favours, as they all strove in Emulation, and Desire, to please her best, and she herself remained, in all Things, an Absolute Princess. Childless she was, and left no Issue behind Her; which was the Case of many, of the most fortunate Princes; Alexander the ●reat, julius Caesar, Trajan, and others. And this is a Case, that hath been often controverted, and argued, on both ●ides; Whilst some hold, the want of Children, to be a Diminution, of our Happiness; As if it should be an Estate, more than Human, to be happy, both in our own Persons, and in our Descendants: But others, do account, the want of Children, as an Addition to earthly Happiness; In as much, as that Happiness, may be said, to be complete, over which Fort●ne hath no Power, when we are gone: Which, if we leave Children, cannot be. She had also many Outward Gifts of Nature. A tall Stature; A comely and straight Making; An extraordinary Majesty of Aspect, soyned with a Sweetness; A most Happy, and Constant, Healthfulness of Body. Unto which I may add, that in the full Possession, both of her Limbs, and Spirits, until her last Sickness; (Having received no Blow from Fortune● Nor Decay from Old Age;) she obtained that, which Augustus Caesar, so importunately prayed for; An easy and undistempered passage, out of this World. Which also is reported of Antoninus Pius, that Excellent Emperor; Whose Death, had the Resemblance, of some soft, and pleasing Slumber. So in Queen Elizabeth's Disease, there was no ghastly, or fearful Accident; No Idleness of Brain; Nothing unaccustomed to Man in general: She was not transported, either with desire of Life, or Tediousness of Sickness, or extremity of Pain; She had no grievous, or uncomely, Symptoms; But all things were of that kind, as did rather show, the Frailty of Nature, than a Deordination, or Reproach of it. For some few Days, before her Death, being much pined, with the extreme Drought, of her Body, and those Cares, that accompany a Crown; And not wont, to refresh herself with Wine, or any Liberal Die●; she was struck with a Torpour, and Frigidity in her Nerves; Notwithstanding, which is rare in such Diseases, she retained both her Speech, and Memory, and Motion though but flow and weak, even to the end. And in this Case, she continued, but a few days; So as it cannot be called, the Last Act of her Life, but the First step to her Death. For as it is, a Miserable Condition, to see the Faculties, of our Body, buried before us; And to survive long after them; So it is a Fair, and Natural, Conclusion of our Life, when the Senses, are, by little and little, laid asleep, that the Dissolution of the whole, should immediately follow. I will add one Thing more, to make up, the full Measure, of her Felicity: which is, that she was not only most Happy, in her own Person, but in the Abilities, and virtues of her Servants, and Ministers For she was served by such Persons, as, I suppose, this Island never brought forth the like, before her Times. Now when God beareth a love to Kings, no doubt, he raiseth up, the Spirits, of Wise Servants, as a concurrent Blessing. There are two fair Issues, of her Happiness, born to her, since her Death; I conceive, not less Glorious, and Eminent, than those she enjoyed a live. The one of her Successor; The other of her Memory. For she hath gotten such a Successor, who although for his Masculine Virtues, and Blessing of Posterity, and Addition of Territories, he may be said, to exceed her Greatness, and somewhat to obscure it; Notwithstanding, he is most zealous, of her Name, and Glory; And doth even give, a Perpetuity to her Acts; Considering both in the Choice of the Persons, and in the Orders, & Institutions of the Kingdom, he hath departed so little from her. So as, a Son could hardly succeed a Father, with less Noise, or Innovation. As for her Memory, it hath gotten such Life, in the Mouths, and Hearts, of Men, as that, Envy being put out by her Death, and her Fame lighted, I cannot say, whether the Felicity of her Life, or the Felicity of her Memory, be the greater. For if (perhaps) there fly abroad, any factious Fames, of Her, raised either by Discontented Persons, or such, as are averse in Religion; (which notwithstanding dare now scarce show their Faces, and are every where cried down;) The same, are neither true, neither can they be long lived. And for this cause especially, have I made this Collection, (such as it is,) touching her Felicity, and the Marks of God's Favour towards Her; That no malicious Person, should dare to interpose a Curse, where God hath given a Blessing. Now if any Man, shall allege that against me, which was once said to Caesar; We see what we may admire, but we would fain see what we can commend; Certainly, for my part, I hold true Admiration, to be the highest Degree of Commendation. And besides, such Felicities as we have recounted, could not befall any Princess, but such an one, as was extraordinarily supported, and cherished by God's Favour; And had much in her own Person, & Rare Virtues, to create, and work out, unto herself, such a Fortune. Notwithstanding, I have thought good, to insert something now, concerning her Moral Part; Yet only in those things, which have ministered occasion, to some Malicious Tongues, to traduce her. This Queen, as touching her Religion, was Pious; Moderate; Constant, and an Enemy to Novelty. First for her Piety; Though the same were most conspicuous, in her Acts, and the Form of her Government; yet it was Portrayed also, in the common Course of her Life, and her daily Comportment. Seldom would she be absent, from Hearing Divine Service, and other Duties of Religion, either in her Chapel, or in her Privy Closet. In the reading of the Scriptures, and the writings of the Fathers, especially of Saint Augustine, she was very Frequent: She composed certain Prayers, herself, upon emergent occasions. Whensoever she named God, though it were in common discourse, she would, for the most part, add, The Title of Maker; saying; God my Maker: And compose, both her Eyes, and Countenance, to a Submissness, and Reverence. This I have often (my self) observed, being in her presence. Now whereas some have divulged her unmindfulness of Mortality, in that she would never endure any Mention, either of her Age, or Death, it is most false: For she would often, and that, many years, before her Death, with a great deal of Meekness, profess, that she found herself grown, an old Woman; And she would, sometimes, open herself, what she liked best, for an Inscription upon her Tomb; Saying; That she loved no pompous, or vainglorious, Titles, but would only have, a Line, or two, for her Memory; wherein, her Name; and her Virginity; and the years of her Reign; and her Establishing of Religion; and her Maintaining of Peace; should be, in the fewest words, comprehended. It is true, that whilst she was in her vigorous years, and able to bear Children, if at any time she were moved, to declare her Successor, she would make Answer; That she would never endure, to see her winding sheet, before her Eyes. And yet notwithstanding, some few years, before her death, one day, when she was in a deep Meditation, and, (as it may be guessed,) in that of her Mortality, One, that might be bold, said unto her; Madam, there are divers Offices, and great places in the state, which you keep too long void;. She arose up, in some displeasure, and said; I am sure, my Office will not be long void. As for her Moderateness in Religion, I shall seem to be at a stand, in regard of the Severe Laws, made against her Subjects, of the Romish Religion. Notwithstanding, that which I shall say, is no more, than what I know for certain, and diligently observed. Most certain it is, that it was the Firm Resolution, of this Princess, not to offer any violence to Consciences: But then, on the other Side, not to suffer the State of her Kingdom, to be ruined, under pretence of Conscience, and Religion. Out of this Fountain, she concluded; First, That to allow Freedom, and Toleration, of two Religions, by public Authority, in a Nation Fierce, and Warlike; And that would easily fall, from Dissension of Minds, to Siding and Blows, would bring inevitable Ruin to this Kingdom. Again, in the Newness of her Reign, when there was a general distrust, she singled out some of the Bishops, of the most Turbulent, and Factious, Spirits, and committed them to free Custody; And this not without the warrant of Former Laws; As for the Rest, either of the Clergy, or Laity, she did not ransack their Consciences, by any Severe Inquisition, but rather secured them, by a gracious Connivency. And this was the State of Things, at the first. Neither did she depart, from this Clemency, when the Excommunication of Pius Quin●us, came Thundering against her; which might both justly have provoked her, and have ministered occasion, to new Courses; But howsoever, she followed her Royal Nature still. For, as a wise Lady, and of a high Courage, she was not a whit terrified, at the Roaring of a Bull; Being well assured, of her People's Love, and Fidelity, towards her; As also of the Disability, of the Popish Faction, within the Kingdom, to do her Hurt, if no Foreign Enemy joined with them. But then, about the three and twentieth year of her Reign, there followed a Mighty Change. And this Distinction of the Times, is not any Device of mine, but it is expressed in the public Acts of that Time, and, as it were, cut in Brass. For before that year, was there never any Capital or severe Punishment, inflicted upon any of her Subjects, as they had Relation to the Romish Religion, by the Laws formerly made. But just then, began that proud, and vast Intention of Spain, to conquer this Kingdom, by little and little, to show itself. Of this, the principal Part was, to stir up, by all means, a Party within the Kingdom, of such, as were ill affected to the State, and desirous of Innovation, that might adhere to the Foreigner, at his Landing. For this, they had no other Hopes, than 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 Pope's Excommunication, in freeing Subjects from their Allegiance; 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 Queen's Name, and Government, traduced, by sundry, and scandalous Libels: To be short, there was an unusual 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 Counsel, or Privy to the Enterprise; But that, some of them, became the wicked Instruments only, of other men's Malice. Notwithstanding, this is true, and witnessed, by the Concessions of many, that almost all the Priests, which were sent into this Kingdom, from that aforenamed year, unto the Thirtieth year of Queen Elizabeth's Reign; (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 distil, and insinuate, into the People, these Particulars; It was impossible● Things should continue, at this stay; They should see, ere long, a great change, in this State; That the Pope, and Catholic Princes, were careful for the English, if they would, not be wanting to themselves. Again, sundry of ●he Priests, did manifestly interpose themselves, into those Consultations, and Plots, which tended, to the undermining, and Ruining, of this Kingdom: 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 Catholics: For the Queen would only have an eye, lest there should arise, any Fit Head, in the Person of some Lord, or other Eminent Gentleman of quality, under whom the Catholics 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 Business, by the Secrecy of Confession. And these were their Engines then, which, (as hath appeared since, in a case not much unlike,) are usual, and familiar, to that Order of Men. In this great Deluge of Danger, there was a Necessity imposed, upon Queen Elizabeth, to restrain, by some sharper Bands of Laws, that part of her Subjects, which were alienated from her, and had drunk, too deep a Draught, of this Poison, ever to recover; And further, which by their retired Living, and Exemption from public Offices, were grown very Rich: And moreover, the Mischief daily growing, when as the Cause thereof, was ascribed, to none other, than the Seminary Priests; Who had been nourished, in Foreign Parts, and received Exhibition, from the Bounty, and Alms, of Foreign 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 Heretic, 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 Poisons, had infected, and soured, the Mass, and Lump, of the Catholics, which, before, was more Sweet, and Harmless, with a new kind of Leven, and desperate Maliciousness; There could no other Remedy be devised, but by forbidding such Persons, to enter into this Kingdom, upon pain of their Lives: Which, at last, in the 27 th'. year of her Reign, was done accordingly. Nay, and when the event itself, had confirmed this to be true; (I mean, immediately after that the dreadful Tempest, arose from Spain, threatening no less than utter desolation;) yet did it nothing mollify, or turn, the edge, of these men's, Malice, and Fury; but rather whetted it; As if they had cast off, all Natural Affection● to their Country. As for the Times succeeding, (I mean after the Thirtieth year of her Reign,) though indeed our Fear of Spain, which had been the Spur to this Rigour, had fairly breathed out, or was well abated; yet considering the Memory of Times past, had made so deep Impression, in men's Hearts, and Cogitations; And that it would have seemed, either Inconstancy, to repeal those former Laws, or Sloth, 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, until the three & twentieth year of her Reign. Hereunto may be added, the Industry of some Persons, in improving the Revenues of the Exchequer; And the Zeal of some other Ministers of justice, which did never think their Country safe, unless the Laws were rigorously executed; All which, did importune, and press, the Execution, of the Laws. Notwithstanding the Queen, for a manifest Token, of her Royal Nature, did so dull, the edge of the Laws, 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 needs it not: For neither, could this Kingdom, have been safe without it; Neither were the Proceedings, any way, comparable, or of kin, to those bloody, and unchristianly Massacres, in the Catholic Countries; Which proceeded, merely, 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 than this; That although she found the Romish Religion, confirmed, in her Sister's days, by Act of Parliament; And established, by all strong, and potent, Means, that could be devised; And to have taken, deep Root, in this Kingdom; And that all those, which had any Authority, or bare Office in the State, had subscribed to it; yet for that she saw, it was not agreeable, to the Word of God, nor to the Primitive Purity, nor to her own Conscience, she did, with a great deal of Courage, and with the assistance, of a very few Persons, quite expel, and abolish it. Neither, did she this, by precipitate, and Heady Courses, but Timing it wisely, and soberly. And this may well be conjectured, as from the Thing itself, so also by an Answer of hers, which she made upon occasion. For within a very few days, of her Coming, to the Crown, when many Prisoners, were released, out of Prison; (as the Custom is at the Inauguration of a Prince;) There came to her, one day, as she was going to Chapel, a certain Courtier, that had the Liberty of a Buffone; And either, out of his own Motion, or by the Instigation, of a wiser Man, presented her with a Petition; And before a great number of Courtiers, said to her, with a loud voice; That there were yet four or five Prisoners, unjustly detained in Prison; He came, to be a Suitor, to have them set at Liberty: Those were, the four Evangelists, and the Apostle Saint Paul; who had been long shut up, in an unknown tongue, as it were in Prison, so as they could not converse, with the common People. The Queen answered very gravely; That it was best first, to inquire of them, whether they would be set at liberty, or no? Thus she silenced, an unseasonable Motion, with a doubtful Answer; As reserving the Matter wholly, in her own Power. Neither did she bring in this Alteration, timorously, or by pieces, but in a grave, and mature, Manner, after a Conference betwixt both Sides, and the Calling, and Conclusion of a Parliament. And thus, within the Compass of one year, she did so establish, and settle, all Matters, belonging to the Church, as she departed not, one Hairs Breadth, from them, to the end of her Life. Nay, and her usual Custom was, in the beginning of every Parliament, to forewarn the Houses, not to question, or innovate, any thing, already established, in the Discipline, or Rites of the Church. And thus much of her Religion. Now if there be any Severer Nature, that shall tax her, for that she suffered herself, and was very willing, to be courted, wooed, and to have Sonnets made in her Commendation; And that she continued this, longer, than was decent for her years; Notwithstanding, if you will take this Matter at the best, it is not without singular Admiration; Being much like unto that, which we find in Fabulous Narrations, of a certain Queen, in the Fortunate Islands, and of her Court, and Fashions, where Fair purpose, and Love-making was allowed, but Lasciviousness banished: But if you will take it at the worst, even, so it amounteth, to a more high Admiration; Considering that these Courtships, did not much eclipse her Fame, and not at all her Majesty; Neither, did they make her, less Apt for Government, or check, with the affairs, and businesses, of the Public. For such passages as these, do often entertain the time, even with the greatest Princes. But to make an end of this Discourse. Certainly, this Princess was Good, and Moral: And such, she would be acknowledged: She Detested Vice; And desired, to purchase Fame, only by honourable Courses: And indeed, whilst I mention her Moral Parts, there comes a certain passage into my mind, which I will insert. Once, giving order, to write to her Ambassador, about certain Instructions, to be delivered, apart, to the Queen Mother, of the House of Valois; And that her Secretary, had inserted a certain Clause, that the Ambassador should say, as it were, to endear her, to the Queen Mother; That they two, were the only pair, of Female Princes, from whom, for experience, and Arts of Government, there was no less expected, then from the greatest Kings: She utterly disliked the Comparison, and commanded it to be put out, saying; That she practised, other principles, and Arts of government, than the Queen Mother did. Besides, she was not a little pleased, if any one should fortune to tell her, that suppose, she had lived in a private Fortune, yet she could not have escaped, without some Note of Excellency, and Singularity, in her Sex. So little did she desire, to borrow, or be beholding to her Fortune, for her Praise. But if I should wade further, into this Queen's Praises, Moral, or Politic, either, I must slide into certain Common places, and Heads of Virtue, which were not worthy of so great a Princess; Or if I should desire, to give her Virtues, the true Grace, and Lustre, I must fall into a History of her Life; Which requireth, both better Leisure, and a better Pen, than mine is. Thus much in brief, according to my ability: But to say the Truth; The only Commender, of this Lady's virtues, is Time; Which, for as many Ages, as it hath run, hath not yet showed us, one of the Female Sex, equal to Her, in the Administration of a Kingdom. SEVERAL DISCOURSES Written, in the Days OF KING JAMES, Whereof, some of them, PRESENTED TO His Majesty. BEING, A brief Discourse, of the Union, of England and Scotland. Articles, and Considerations, touching the Union, aforesaid. A Beginning of the History of Great Britain. A Letter, and Discourse, to Sir Henry Savill, touching Helps, for the Intellectual Powers. Certain Considerations, touching the better Pacification, and Edification, of the Church of England. Certain Considerations, touching the Plantation, in Ireland. Advice to the King, touching Suttons Estate. A Proposition, to the King, touching the Compiling and Amendment, of the Laws, of England. A Fragment, of an Essay, of Fame. By the Right Honourable FRANCIS BACON Baron of Verulam, Viscount Saint Alban. LONDON, Printed by S. Griffin, for William Lee, and are to be sold at his Shop in Fleetstreet, at the sign of the Turks-head, near the Mitre Tavern, 1657. A BRIEF DISCOURSE, Of the Happy UNION, OF THE KINGDOMS, OF ENGLAND, and SCOTLAND; Dedicated, in Private, TO HIS MAJESTY. I Do not find it strange, (excellent King,) that when Heraclitus, (he that was surnamed● the Obscure,) had set forth a certain Book, (which is not now extant,) many Men took it, for a Discourse of Nature; And many others took it, for a Treatise of Policy. For there is a great Affinity, and Consent, between the Rules of Nature, and the true Rules of Policy: The one being nothing else, but an Order, in the Government, of the World; And the other, an Order, in the Government, of an Estate. And therefore the Education, and Erudition, of the Kings of Persia, was in a Science, which was termed, by a Name then, of great Reverence; but now degenerate, and taken in the ill part. For the Persian Magic, which was the secret Literature of their ●ings, was an Application, of the Contemplations, and Observations of Nature, unto a sense Politic; Taking the Fundamental Laws of Nature, and the Branches, and Passages of them, as an Original, or fi●st Model, whence to take, and describe, a Copy, and Imitation, for Government. After this manner, the foresaid Instructours, set before their Kings, the Examples of the Celestial Bodies; The Sun, the Moon, and the rest; which have great Glory, and veneration, but no Rest● or Intermission: Being in a perpetual Office of Motion, for the Cherishing, (in turn, and in Course●) of Inferior Bodies: Expressing, likewise, the true manner, of the Motions, of Government; which, though they ought to be, Swift, and Rapide, in respect of Dispatch, and Occasions; yet are they to be, Constant, and Regular, without Wavering, or Confusion, So did they represent unto them, how the Heavens, do not enrich themselves, by the Earth, and the Seas; Nor keep no dead Stock, nor untouched Treasures, of that they draw to them● from below; But whatsoever Moisture, they do levy, and take, from both ●lements, in Vapours, they do spend, and turn back again, in Showers; Only holding, and storing them up, for a time, to the End, to issue, and distribute them, in Season. But, chiefly, they did express, and expound unto them, that Fundamental Law of Nature; whereby all things do subsist, and are preserved: which is, that every Thing in Nature; although it hath his private, and particular, Affection, and Appetite; And doth follow, and pursue the same, in small Moment's; And when it is free, and delivered, from more general, and common, Respects; yet, nevertheless, when there is Question, or Case, for Sustaining of the more General, they forsake their own Particularities, and attend, and conspire, to uphold the public. So we see, the Iron, in small Quantity, will ascend, and approach, to the Loadstone, upon a particular Sympathy: But if it be, any Quantity of moment, it leaveth his Appetite, of Amity to the Loadstone, and like a good Patriott, falleth to the Earth; which is the Place, and Region, of Massy Bodies. So again the Wa●er, and other like Bodies, do fall, towards the Centre of the Earth; which is, (as was said,) their Region, or Country: And yet we see, nothing more usual, in all Water Works, and Engines, then that the Water, (rather than to suffer any Distraction, or Disunion, in Nature) will ascend, Forsaking the Love, to his own Region, or Country, and applying itself, to the Body, next adjoining. But it were, too long a Digression, to proceed, to more Examples, of this Kind. Your Majesty, yourself, did fall, upon a Passage, of this Nature, in your gracious speech of Thanks unto your Counsel; when acknowledging, Princely, their Vigilancies, and well Deservings, it pleased you to note, that it was a success, and Event, above the Course of Nature, to have so great Change, with so great a Quiet. Forasmuch, as sudden Mutations, as well in State, as in Nature, are rarely, without violence, and perturbation. So as still I conclude, there is, (as was said,) a Congruity, between the Principles of Nature, and Policy. And lest that Instance, may seem to oppone, to this Asse●tion, I may, even in ●hat particular, with your Majesty's favour, of●er unto you, a Type, or Pattern in Nature, much resembling, this Event, in your State; Namely Earthquakes, which many of them, bring ever, much Terror, and wonder, but no Actual Hurt; The Earth trembling for a Moment, and suddenly stablishing, in perfect Quiet, as it was before. This Knowledge then, of making, the Government of the World, a Mirror, for the Government of a State, being a Wisdom almost lost, (Whereof the Reason, I take to be, because of the Difficulty, for one Man, to embrace both Philosophies;) I have thought good, to make some proof, (as far as my weakness, and the straits, of Time, will suffer,) to, revive, in the Handling, of one particular, wherewith now I most humbly present your Majesty: For surely, as hath been said, it is a Form of Discourse, anciently used towards Kings; And to what King, should it be more proper, then to a King that is studious, to conjoin contemplative Virtue, and Active Virtue together? Your Majesty, is the first King, that had the Honour, to be Lapis Angularis, to unite, these two Mighty, and warlike, Nations, of England, and Scotland, under one Sovereignty, and Monarchy. It doth not appear, by the Records, and Memories, of any true History; Or scarcely by the Fiction, and Pleasure, of any Fabulous Narration, or Tradition; That ever, of any Antiquity, this Island, of Great Britain, was united, under one King, before this day. And yet there be no Mountains, nor Races, of Hills; There be no Seas, or great Rivers; There is no Diversity, of Tongue, or Language, that hath invited, or provoked, this ancient separation, or Divorce. The Lot of Spain was, to have the several Kingdoms, of that Continent, (Portugal only except,) to be united, in an Age, not long passed; And now, in our Age, that of Portugal also, which was the last that held out, to be incorporate, with the rest. The Lot of France, hath been, much about the same time, likewise, to have reannexed, unto that Crown, the several Dutchies, and Portions, which were in former times, dismembered. The Lot of this Island, is the last, reserved for your Majesty's happy times, by the special Providence, and Favour, of God; who hath brought your Majesty, to this happy Conjunction, with great Consent of Hearts, and in the strength of your years, and in the Maturity of your Experience. It resteth, but that, (as I promised,) I set before your Majesty's Princely Consideration, the Grounds of Nature, touching the Union, and Commixture, of Bodies; And the Correspondence, which they have, with the Grounds of Policy, in the Conjunction, of States, and Kingdoms● First, therefore, that Position; Vis unita fortior; Being one of the common Notions of the Mind, needeth not much, to be induced, or illustrate. We see the Sun, when he entereth, and while he continueth, under the sign of Leo, causeth more vehement Heats, then when he is in Cancer; what time, his Beams, are, nevertheless, more perpendicular. The Reason whereof, in great part, hath been truly ascribed, to the Conjunction, and Cor-Radi-ation, in that place of Heaven, of the Sun, with the four Stars, of the first Magnitude; Syrius, Canicula, Cor Leonis, and Cauda Leonis. So the Moon, likewise, by ancient Tradition, while she is in the same Sign, of Leo, is, said, to be at the Heart; which is not, for any Affinity, which that place of Heaven, can have, with that part, of Man's Body; But only, because the Moon is then, by reason of the Conjunction, and Nearness, with the Stars aforenamed, in greatest strength of Influence; And so, worketh upon that part, in Inferior Bodies, which is most Vital, and principal. So we see, Waters, and Liquors, in small Quantity, do, easily, putrify, and corrupt; but in large Quantity, subsist long, by reason, of the Strength, they receive, by Union. So in Earthquakes, the more general, do little hurt, by reason, of the united weight, which they offer to subvert; but narrow, and particular, Earthquakes, have, many times, overturned, whole Towns, and Cities. So then, this Point, touching the Force of Union, is evident. And therefore, it is more fit, to speak, of the Manner of Union: wherein, again, it will not be pertinent, to handle one Kind of Union, which is Union by Victory, when one Body, doth, merely, subdue another, and converteth the same, into his own Nature; Extinguishing, and Expulsing, what part soever of it, it cannot overcome. As when the Fire, converteth the Wood, into Fire, purging away the Smoke, and the Ashes, as unapt Matter to inflame: Or when the Body, of a Living Creature, doth convert, and assimilate, Food, and Nourishment, purging, and expelling, whatsoever it cannot convert. For these Representations, do answer, in matter of Policy, to Union of Countries, by Conquest; where the Conquering State, doth extinguish, extirpate, and expulse, any part of the State Conquered, which it findeth so contrary, as it cannot alter, and convert it. And therefore, leaving violent Unions, we will consider, only, of Natural Unions. The Difference is excellent, which the best Observers, in Nature, do take, between Compositio, and Mistio; Putting together, and Mingling: The one, being but a Conjunction, of Bodies, in place, the other, in Quali●y, and Consent: The one, the Mother of Sedition, and Alteration, The other, of Peace, and Continuance: The one, rather a Confusion, than an Union, the other, properly, an Union. Therefore, we see, those Bodies, which they call Imperfectè mista, last not, but are speedily dissolved. For take, for Example, Snow or Froth, which are Compositions, of Air, and Water; And in them, you may behold, how easily they sever, and dissolve, the Water, closing together, and excluding the Air. So those three Bodies, which the Alchemists do so much celebrate, as the three Principles of Things; That is to say; Earth, Water, and Oil; (which it pleaseth them to term, Salt, Mercury, and Sulphur;) we see, if they be united, only, by Composition, or putting together, how weakly, and rudely, they do incorporate: For Water, and Earth, maketh, but an unperfect slime: And if they be forced together, by Agitation, yet upon a little settling, the Earth resideth in the Bottom. So Water, and Oil, though by Agitation, it be brought into an Ointment, yet after a little settling, the Oil will float on the Top: So as such Imperfect Mistures, continue no longer, than they are forced; And still, in the end, the worthiest getteth above. But otherwise it is, of perfect Mistures. For we see, these three Bodies, of Earth, Water, and Oil, when they are joined, in a Vegetable, or Mineral, they are so united, as without great subtlety of Art, and Force of Extraction, they cannot be separated, and reduced, into the same simple Bodies, again. So as the Difference, between Compositio, and Mistio, clearly set down, is this: That Compositio, is the Joining, or putting together, of Bodies, without a new Form; And Mistio, is the Joining, or putting together, of Bodies, under a new Form. For the new Form, is Commune Vinculum: And without that the old Forms, will be at Strife, and Discord. Now to reflect, this Light of Nature, upon Matter, of Estate: There hath been, put in practice, in Government, these two several kinds, of Policy in Vniting● and Conjoining, of States, and Kingdoms: The one to retain the ancient Form, still severed, and only conjoined in Sovereignty: The other, to supper induce a new Form, agreeable, and convenient, to the entire Estate. The former of these, hath been more usual, and is more Easy; but the latter is more Happy. For if a Man, do attentively revolve, Histories of all Nations, and judge truly thereupon, he will make this Conclusion: That there was never any States, that were good Commixtures, but the Romans. Which, because it was the best State of the World, and is the best Example of this Point, we will chiefly insist thereupon. In the Antiquities of Rome, Virgil bringeth in jupiter, by way of Oracle, or Prediction, speaking of the Mixture, of the Trojans, and the Italians. Sermonem Ausonii Patrium, moresque tenebant, Vtque est Nomen crit; Commixti Corpore tantum, Subsident Teuc●i, Morem, Ritusque Sacrorum, Adjiciam; faciamque omnes uno o'er Latino's. Hinc Genus Ausonio mistum, quod sanguine surget, Supra Homines, supra ire Deos, pietate videbis. Wherein, jupiter, maketh a kind of Partition, or Distribution; That, Italy should give the Language, and the Laws; Troy should give a Mixture, of Men, and some Religious Rites; And both People, should meet in one Name, of Latins. Soon after the Foundation, of the City of Rome, the People of the Romans, and the Sabines, mingled upon equal Terms. Wherein, the Interchange, went so even, that, (as Livy noteth,) the one Nation gave the Name, to the Place, the other to the People. For Rome continued the Name, but the people were called Quirites; which was the Sabine word, derived of Cures, the Country of ●atius. But that, which is chiefly to be noted, in the whole Continuance, of the Roman Government; they were so liberal, of their Naturalizations, as, in effect, they made perpetual Mixtures. For the manner was, to grant the same, not only to particular persons, but to Families, and Lineages; And not only so, but to whole Cities, and Countries. So as, in the end, it came to that, that Rome was Communis Patria, as some of the Civilians call it. So we read of Saint Paul, after he had been beaten with Rods, and thereupon charged the Officer, with the violation, of the Privilege, of a Citizen, of Rome; The Captain said to him; Art thou then a Roman? That Privilege hath cost me dear. To whom Saint Paul replied; But I was so born, And yet, in another place, Saint Paul, professeth himself, that he was a jew, by Tribe: So as it is manifest, that some of his Ancestors, were naturalised; and so it was conveyed to him, and their other Descendants. So we read, that it was one, of the first Despites, that was done, to julius Caesar; That whereas he had obtained Naturalisation, for a City in Gaul, one of the City was beaten with Rods, of the Consul Marcellus. So we read, in Tacitus, that in the Emperor Claudius' time, the Nation of Gaul, (that part which is called Comata, the wilder part,) were Suitors, to be made capable, of the honour, of being Senators, and Officers, of Rome. His words are these: Cum de supplendo Senatu a●itaretur, primoresque Galliae, quae Comata appellatur, foedera & Civitatem Romanam pridem assecuti, Ius adipiscendorum in urbe Honorum, expeterent; multus, câ super re, variusque Rumour, & studiis diversis, apud Principem, certabatur. And in the end, after long debate, it was ruled, they should be admitted. So likewise, the Authority of Nicholas Matchiavell, seemeth not to be contemned; who, enquiring the Causes, of the Growth, of the Roman Empire, doth give Judgement; There was not one greater than this; That the State, did so easily compound, and incorporate with strangers. It is true, that most Estates, and Kingdoms, have taken the other Course. Of which this effect hath followed; That the Addition, of further Empire, and Territory, hath been, rather, matter of Burden, than matter of Strength, unto them: yea and further, it hath kept alive, the Seeds, and Roots, of Revolts, and Rebellions, for many Ages: As we may see, in a fresh, and notable Example, of the Kingdom, of Arragon: Which, though it were united, to Castille, by Marriage, and not by Conquest; And so descended in Hereditary Union, by the space of more than an 100 years; yet because it was continued, in a divided Government, and not well Incorporated, and Cemented, with the other Crowns; Entered into a Rebellion, upon point of their Fueroes, or Liberties, now of very late years. Now to speak briefly, of the several parts, of that form, whereby States, and Kingdoms, are perfectly united; They are, (besides the Sovereignty itself,) four in Number: Union in Name; Union in Language; Union in Laws; Union in Employments. For Name, though it seem, but a superficial, and Outward Matter, yet it carrieth much Impression, and Enchantment: The General, and common Name, of Grecia made the Greeks, always apt to unite, (though otherwise full of Divisions, amongst themselves,) against other Nations, whom they called Barbarous. The Helvetian Name, is no small Band, to knit together, their Leagues, and Confederacies, the faster. The common Name of Spain; (no doubt,) hath been, a special means, of the better union, and Conglutination, of the several Kingdoms, of Castille, Arragon, Granada, Navarre, Valentia, Catalonia, and the rest; Comprehending also now lately Portugal. For Language, it is not needful to insist upon it; because both your Majesty's Kingdoms, are of one Language, though of several Dialects; And the Difference, is so small, between them, as promiseth, rather an enriching, of one Language, than a continuance of two. For Laws, which are the Principal Sinews of Government, they be of three Natures; jura, which I will term Freedoms, or Abilities; Leges; and Mores. For Abilities, and Freedoms, they were amongst the Romans, of four Kind's, or rather Degrees. Ius Connubii; Ius Civitatis; Ius Suffragii; and Ius Petitionis, or Honorum. Ius Connubii, is a thing in these times, out of Use: For Marriage is open, between all Diversities, of Nations. Ius Civitatis, answereth to that, we call Denization, or Naturalisation. Ius Suffragii, answereth to the Voice in Parliament. Ius Petitionis, answereth to place in Counsel, or Office. And the Romans, did, many times, sever these Freedoms, granting Ius Connubii, sine Civitate; And Civitatem, sine suffragio; And suffragium, si●e jure Petitionis, which was, commonly, with them, the last. For those, we called Leges, it is a Matter of Curiosity, and Inconveniency, to ●eek, either to extirpate all particular Customs; Or to draw all Subjects, to one Place, or resort, of judicature, and Session. It sufficeth, there be an Uniformity, in the Principal, and Fundamental Laws, both Ecclesiastical, and Civil: For in this Point, the Rule holdeth, which was pronounced by an Ancient Father, touching the Diversity, of Rites, in the Church: For finding the Vesture, of the Queen, in the Psalm, (which did prefigure the Church,) was of divers Colours; And finding again, ●hat Christ's Coat, was without a seam, he concludeth well; In veste varietas sit, Scissura non sit. For Manners, a Consent in them, is to be sought industriously, but not to be enforced: For Nothing amongst People, breedeth so much pertinacy, in holding their Customs, as sudden, and violent, of●er to remove them. And as for Employments, it is no more, but in indifferent Hand, ●nd Execution of that Verse; Tr●s, Tyriusque mihi nullo discrimine agetur. There remaineth, only, to remember, out of the Grounds of Nature, the two Conditions, of Perfect mixture; Whereof the former is Time. For the Natural Philosophers say well; that Compositio is Opus Hominis; and Mistio Opus Naturae. For it is the Duty of Man, to make a fit Application, of Bodies together: But the perfect Fermentation, and Incorporation, of them, must be left to Time, and Nature; And Unnatural Hasting thereof, doth disturb the work, and not dispatch it. So we see, after the Graft, is put into the Stock, and bound, it must be left to Time, and Nature, to make that Continuum, which, at the first, was but Contiguum. And it is not any continual pressing, or Thrusting together, that will prevent Nature's season, but rather hinder it. And so in Liquors, those Commixtures, which are, at the first, troubled, grow after, clear, and settled, by the benefit, of Rest, and Time. The Second Condition is; That the greater draw the less. So we see, when two Lights do meet, the greater, doth darken, and, dim the less. And when a smaller River, runneth into a greater, it looseth both his Name, and Stream. And hereof, to conclude, we see an excellent Example, in the Kingdoms, of judah, and Israel. The Kingdom of judah, contained Two Tribes; The Kingdom, of Israel, contained Ten: King David, reigned, over judah, for certain years; And after the Death of Isbosheth, the Son of Saul, obtained, likewise, the Kingdom of Israel This Union continued in him, & likewise in his Son Solomon, by the space of 70. years, at least, between them both: But yet, because the Seat, of the Kingdom, was kept still in judah, and so the less sought to draw ●he greater; upon the first occasion offered, the Kingdoms broke again, and so continued ever after. Thus having, in all Humbleness, made Oblation, to your Majesty, of these simple Fruits, of my Devotion, and Studies; I do wish, and do wish it, not in the Nature, of an Impossibility, (to my Apprehension;) That this happy Union, of your Majesties two Kingdoms of England, and Scotland, may be in as good an Hour, and under the like Divine Providence, as that was, between the Romans, and the Sabines. CERTAIN ARTICLES, OR, CONSIDERATIONS, TOUCHING THE UNION, OF THE KINGDOMS, OF ENGLAND, and SCOTLAND; Collected, and dispersed, for His MAJESTY'S better Service. YOUR Majesty, being, (I do not doubt,) directed, and conducted, by a better Oracle, then that, which was given for Light, to AEneas, in his Peregrination; (Antiquam exquirite Matrem;) hath a Royal, and, indeed, an Heroical, Desire, to reduce these two Kingdoms, of England, and Scotland, into the Unity, of their Ancient Mother Kingdom of Britain. Wherein, as I would gladly applaud unto your Majesty, or sing aloud that Hymn, or Anthem; Sic itur ad Astra; So, in a more soft, and submiss, voice, I must, necessarily, remember, unto your Majesty, that Warning, or Caveat; Ardua, quae Pulchra; It is an Action, that requireth, yea●●nd needeth much, not only of your Majesty's Wisdom, but of ●our Felicity. In this Argument, I presumed, at your Majesty's first Entrance, to write a few Lines, indeed Scholastically, and Speculatively, and not Actively, or Politicly, as I held it fit for me, at that time; when nei●her your Majesty, was, in that your desire, declared; Nor myself, in that Service, used, or trusted. But now that both your Majesty, hath opened your desire, and purpose, with much Admiration, even of those, who give it not, so full an Approbation; And that myself, was, by the Commons, graced, with the first Vote, of all the Commons, Selected, ●or that Cause; Not in any Estimation of my Ability, (For therein so wise an Assembly could not be so much deceived,) but in an acknowledgement, of my Extreme Labours, and Integrity, in that Business; I thought myself, every ways bound; Both in Duty to your Majesty; And in ●rust, to that House of Parliament; And in Consent to the Matter itself; And in Conformity, to mine own Travails, and Beginnings; Not to neglect, any pains, that may tend, to the furtherance, of so excellent a work: Wherein I will endeavour, that that which I shall set down, be Nihil minus quam verba: For Length, and Ornament, of Speech, are to be used, for persuasion of Multitudes, and not for Information of Kings: especially, such a King, as is the only instance, that ever I knew, to make a Man of Plato's Opinion, That all Knowledge is but Remembrance; And that the Mind of Man, knoweth all Things, and demandeth only, to have her own No●ions, excited, and awaked. Which your Majesty's rare, and indeed singular, Gift, and faculty, of swift Apprehension, and infinite Expansion, or Multiplication, of another Man's Knowledge, by your own, as I have often observed, so I did extremely admire in goodwin's Cause, Being a matter full of Secrets, and Mysteries, of our Laws, merely new unto you, and quite out of the Path of your Education, Reading, and Conference: Wherein, nevertheless, upon a Spark of Light given, your Majesty took in so Dexterously, and Profoundly, as if you had been indeed Anima Legis; Not only in Execution, but in understanding: The Remembrance whereof, as it will never be out of my mind, so it will always be a warning to me, to seek rather to excite your Judgement briefly, then to inform it tediously; And if in a Matter, of that Nature, how much more in this, wherein your Princely Cogitations have wrought themselves, and been conversant; And wherein, the principal Light, proceeded from yourself. And, therefore, my Purpose is, only to break, this Matter, of the Union, into certain short Articles, and Questions; And to make, a certain kind, of Anatomy, or Analysis, of the Parts, and Members thereof; Not that I am of Opinion, that all the Questions, which I now shall Open, were fit to be, in the Consultation, of the Commissioners, propounded. For I hold nothing, so great an Enemy, to good Resolution, as the Making, of too many Questions; Specially in Assemblies, which consist of many. For Princes, for Avoiding of Distraction, must take many Things by way of Admittance; And if Questions, must be made of them, rather to suffer them, to arise from others, then to grace them, and authorise them, as propounded from themselves. But unto your Majesty's private Consideration, to whom it may better sort with me, rather to speak as a Remembrancer, then as a Counsellor; I have thought good, to lay before you, all the Branches, Lineaments, and Degrees, of this Union; that upon the View, and Consideration, of them, and their Circumstances, your Majesty may the more clearly discern, and more readily call to mind, which of them is to be embraced, and which to be rejected; And of these, which are to be accepted, which of them is presently to be proceeded in, and which to be put over to further time; And again, which of them, shall require Authority of Parliament, and which are fitter, to be effected, by your Majesty's Royal Power, and Prerogative, or by other Policies, or Means; And lastly, which of them, is liker to Pass, with Difficulty, and Contradiction, and which, with more Facility, and Smoothness. First therefore, to begin with that Question, that I suppose will be out of question. Statutes concerning Scotland, and the Scotish Nation. Whether it be not meet, that the Statutes, which were made touching Scotland, or the Scottish Nation, while the Kingdoms stood severed, be repealed? It is true, there is a Diversity in these; For some of these Laws, consider Scotland as an Enemy Country; O●her Laws consider it, as a Foreign Country only: As for Example, the Law of Rich. 2. Anno 7º, which Prohibiteth, all Armour, or Victual, to be carried to Scotland; And the Law of 7ᵒ of K. H. the 7. that Enacteth, all the Scottish Men, to depart the Realm, within a time prefixed; Both these Laws, and some others, resepct Scotland, as a country of hostility: But the of Law of 22 of Ed. 4, that endueth Barwick, with ●he Liberty, of a Staple, where all Scottish Merchandizes, should resort, that should be uttered for England: And likewise all English Merchandizes, that should be uttered for Scotland; This Law beholdeth Scotland, only, as a Foreign Nation; And not so much neither; For there have been erected, Staples, in Towns of ●ngland, for some Commodities, with an Exclusion, and Restriction, of other Parts, of England. But this is a Matter of the least Difficulty; your M●sty, shall have a Calendar made, of the Laws, and a Brief of the Effect; And so you may judge of them: Laws, Customs, Commissions, Offi●ers● of the Borders, or Marches. And the like, or Reciproque, is to be done by Scotland, for such Laws, as they have concerning England, and the English Nation. The Second Question is, what Laws, Customs, Commissions, Officers, Garrisons, and the like, are to be put down, discontinued, or taken away, upon the Borders of both Realms. This Point, because I am not acquainted, with the Orders of the Marches, I can say the less. Herein falleth that Question, whether that the Tenants, who hold their Tenant Rights, in a greater Freedom, and Exemption, in Consideration of their Service, upon the Borders; And that the Countries themselves, which are, in the same respect, discharged, of Subsidies, and Taxes; should not now be brought, to be, in one degree, with other Tenants, and Country's; Nam cessante caussâ tollitur Effectus; Wherein, in my Opinion, some time would be given; Quia adhùc eorum Messis in Herbâ est: But some present Ordinance, would be made, to take effect, at a future time; considering, it is one of the greatest Points, and Marks, of the Division, of the Kingdoms. And because Reason doth dictate, that where the Principal Solution of Continuity was, the●e the Healing, and Consolidating Plaster, should be chiefly applied; There would be some further Device, fo● the utter, and perpetual, Confounding, of those Imaginary Bounds, (as your Majesty termeth them;) And therefore, it would be considered, whether it were not convenient, to Plant, and Erect, at Carlisle, or Barwick, some Counsel, or Court of justice, the jurisdiction whereof, might extend, part into England, and part into Scotland; With a Commission, not to proceed precisely, or merely, according to the Laws, and Customs, either of England, or Scotland; But mixedly, according to Instructions, by your Majesty, to be set down, after the Imitation, and Precedent, of the Counsel, of the Marches, here in England, Erected, upon the Union, of Wales. The third Question is that, Further Union besides the Removing of Inconvenient and dissenting Laws and Usages. which many will make a great Question of, though, perhaps, your Majesty, will make no Question of it; And that is, Whether your Majesty, should not make, a stop, or stand here, and not to proceed, to any ●urther Union; Contenting yourself, with the two former Articles, or Points. For it will be said, That we are now well, (thanks be to God;) And your Majesty, and the State, of neither Kingdom, is to be repent of; And that it is true, which Hypocrates saith; That, Sana Corpora difficilè medicationes serunt: It is better, to make Alterations● in sick Bodies, then in sound. The Consideration of which Point, will rest upon these two Branches: What Inconveniencies will ensue, with time, if the Realms stand, as they are, divided, which are yet not found, nor sprung up. For it may be, the sweetness, of your Majesty's first Entrance, and the great Benefit, that both Nations have felt thereby, hath covered many Inconveniencies; Which, nevertheless, be your Majesty's Government, never so gracious, and Politic, Continuance of Time, and the Accidents of Time, may breed, and discover, if the Kingdoms stand divided. The Second Branch is; Allow no manifest, or important, Peril, or Inconvenience, should ensue, of the Continuing o● the Kingdoms Divided; yet, on the other Side, whether that, upon the further Uniting of them, there be not like to follow, that Addition, and Increase, of Wealth, and Reputation, as is worthy your Majesty's Virtues, and Fortune, to be the Author, and Founder of, for the Advancement, and Exaltation, of Your Majesty's Royal Posterity, in time to come. Points wherein the Nations stand already united. But admitting, that your Majesty should proceed, to this more perfect, and entire, Union; Wherein your Majesty may say, Majus Opus moveo; To enter, into the Parts, and Degrees thereof, I think fit, first, to set down, as in a brief Table, in wh●t Points, the Nations, stand now, at this present time, already united; And in what Points, yet still severed, and divided; that your Majesty may the better see, what is done, and what is to be done; And how that which is to be done, is to be inferred, upon that which is done. The Points, wherein the Nations, stand already united, are; In Sovereignty. In the Relative thereof, which is Subjection. In Religion. In Continent. In Language. And now, lastly, by the Peace, by your Majesty concluded, with Spain In Leagues, and Confederacies; For now, both Nations, have the same Friends, and the same Enemies. Yet notwithstanding, there is none of the six Points, wherein the Union, is perfect, and Consummate; But every of them, hath some scruple, or rather Grain of separation, enwrapped, and included in them. Sovereignty; Line Royal. For the Sovereignty, the Union is absolute in your Majesty, and your Generation; But if it should so be, (which God, of his infinite Mercy, defend,) that your Issue should fail, than the Descent, of both Realms, doth resort to the several Lines, of the Several Blood's Royal. Subjection Obedience. For Subjection, I take the Law of England, to be clear, (what the Law of Scotland, is I know not;) That all Scottishmen, from the very Instant of your Majesty's Reign begun, are become Denizens; And the Postnati, are naturalised Subjects, of England, for the time forwards: For, by our Laws, none can be an Alien, Alien Naturalisation but he that is, of another Allegiance, than our Sovereign Lord the Kings; For there be but two Sorts of Aliens, whereof we find mention in our Law; An Alien Ami, and an Alien En●my: Whereof the former, is a Subject, of a State, in Amity with the King, And the latter, a Subject, of a State, in Hostility: But whether he be one, or other, it is an Essential Difference, unto the Definition of an Alien, if he be not of the King's Allegiance; As we see it evidently, in the precedent of Ireland; who since they were Subjects, to the Crown, of England, have ever been Inheritable, and capable, as Natural Subjects; And yet, not by any Statute, or Act of Parliament, but merely by the Common Law, and the Reason thereof. So as, there is no doubt, that every Subject of Scotland was● and is, in like Plight, and Degree, since your Majesty's Coming in, as if your Majesty, had granted, particularly, your Letters of Denization, or Naturalisation, To every of them; And the Postnati, wholly Natural. But then, on the other Side, for the time Backwards, and ●or those that were Ante-Nati, the Blood is not, by Law, naturalised; So as they cannot take it, by Descents from their Ancestors, without Act of Parliament. And therefore, in this Point, there is a Defect, in the Vn●on, of Subjection. For Matter of Religion, the Union is perfect, Religion, Church-Government. in points of Doctrine; but in Matter of Discipline, and Government, it is imperfect. For the Continent; Continent Borders. It is true, there are no Natural Boundaries of Mountains, or Seas, or Navigable Rivers; But yet the●e are Badges, and Memorials, of Borders; Of which Point, I have spoken before. For the Language; Language, Dialect. It is true, the Nations are unius Labii, and and have not the first Curse of Disunion, which was Confusion of Tongues, whereby one understood not another. But yet the Dialect is differing, and it remaineth, a kind of Mark, of Distinction. But for that, Tempori permittendum, it is to be left to Time: For considering, that both Languages, do concur, in the principal Office, and Duty, of a Language, which is to make a Man's self understood; For the rest, it is rather to be accounted, (as was said) a Diversity of Dialect, then of Language: and as I said in my first Writing, it is like to bring forth, the enriching of one Language, by compounding, and taking in the proper, and significant Words, of either Tongue, rather than a Continuance, of two Languages. For Leagues, and Confederacies; Leagues, Confederacies, Treaties. It is true, that neither Nation, is now in Hostility, with any State, wherewith the other Nation, is in Amity: but yet so, as the Leagues, and Treaties, have been concluded, with either Nation, respectively, and not with both, jointly; which may contain, some Diversity of Articles, of straitness of Amity, with one, more than with the other. But many of these Matters, may, perhaps, be of that kind, as may fall within that Rule; In veste varietas sit, scissura non sit. Now to descend to the particular Points, wherein the Realms, stand, severed, and divided, over and besides, the former six Points of separation, which I have noted, and placed, as defects, or Abatements, of the six Points of the Union; And therefore, shall not need to be repeated. The Points, I say yet remaining, I will divide, into external, external points of the Separation and Union. and into Internal. The external Points, therefore, of the Separation, are four. 1. The several Crowns; I mean the Ceremonial, and Material, Crowns. 2. The second is, the several Names, Styles, or Appellations. 3. The third is, the several Prints, of the Seals. 4. The fourth is, the several Stamps, or Marks of the Coins, or Monies. It is true, that the external, are, in some respect, and parts, much mingled, and interlaced, with Considerations Internal; And that they may be as effectual, to the rue Union, which must be the work of Time, as the In●ernall; Because, they are Operative, upon the Conceits, and Opinions, of the People: The Vnit●g, of whose Hearts, and Affection's, is the Life, and true End of this Work. The Ceremonial or Material Crowns. For the Ceremonial Crowns, the Question will be, whether there shall be framed, one, new, Imperial Crown, of Britain, to be used for the times to come? Also, admitting that to be thought Convenient, whether in the Frame thereof, there shall not be some Reference, to the Crowns, of Ireland, and France. Also, whether your Majesty, should repeat, or iterate, your own Coronation, and your Queens; or only ordain, that such new Crown, shall be used, by your Posterity, hereafter. The Difficulties will be, in the Conceit, of s●me Inequality, whereby the Realm of Scotland, may be thought, to be made an Accession, unto the Realm of England. But that resteth in some Circumstances: for the Compounding, of the two Crowns, is equal; The Calling of the new Crown, the Crown of Britain is equal. Only the Place of Coronation, if it shall be at Westminster, which is the Ancient, August, and Sacred place, for the Kings of England, may seem to make an Inequality: And again, if the Crown of Scotland, be discontinued, than that Ceremony, which, I hear, is used in the Parliament, of Scotland; in the absence of the Kings, to have the Crowns carried in solemnity, must likewise cease. The Styles and Names. For the Name, the main Question is, whether the Contracted Name, of Britain, shall be, by your Majesty, used, or the Divided Names of England, and Scotland. Admitting there shall be an Alteration, than the Case will require, these Inferior Questions. First, whether the Name of Britain, shall, not only, be used, in your Majesty's Style, where the entire Style is recited; And in all other Forms, the Divided Names to remain, both of the Realms, and of the People; Or otherwise, that the very Divided Name●, of Realms, and People, shall, likewise, be changed, or turned into special or subdivided Names, of the General Name; That is to say, for Example; whether your Majesty, in your Style, shall denominate yourself, King of Britain, France, and Ireland; etc. And yet, nevertheless, in any Commission, Writ, or otherwise, where your Majesty mentioneth, England, or Scotland, you shall retain the ancient Names, as Secundum Con●uetudinem Regni nostri Angliae; or whether, those Divided Names, shall be, for ever, lost, and taken away, and turned, into the subdivisions, of South-Britain, and North-Britain; and the People to be South-brittains', and North-brittains'; And so, in the Example aforesaid, the Tenor of the like clause, to run, Secundum Consuetudinem Britanniae Australis. Also, if the former of these, shall be thought convenient, whether it were not better, for your Majesty, to ●ake, that Alteration of Style, upon you, by Proclamation, as Edward the third did, the Style of France, then to have it enacted by Parliament. Also in the Alteration, of the Style, whether it were not better, to transpose the Kingdom, of Ireland, and put it, immediately, after Britain, and so place the Islands together; And the Kingdom of France, being upon the Continent, last: In regard, that these Islands, of the Western Ocean, seem, by Nature, and Providence, an entire Empire in themselves; And also, that there was never King of England, so entirely possessed of Ireland, as your Majesty is: So as your Style to run, King of Britain, Ireland, and the Islands Adjacent, and of France, etc. The Difficulties in this, have been, already, throughly beaten over, but they gather but to two Heads. The one, Point of Honour, and Love, to the former Names. The other, Doubt, lest the Alteration, of the Name, may induce, and involve, an Alteration of the Laws, and Policies, of the Kingdom; Both which, if your Majesty shall assume, the Style, by Proclamation, and not by Parliament, are in themselves satisfied: For then, the usual Names, must needs remain, in Writs, and Records; The Forms whereof, cannot be altered, but by Act of Parliament; And so the point of Honour satisfied. And again, your Proclamation altereth no Law; And so, the Scruple, of a tacit, or employed, Alteration of Laws, likewise satisfied. But then, it may be considered, whether it were not a Form, of the greatest Honour, if the Parliament, though they did not enact it, yet should become Suitors, and Petitioners to your Majesty, to assume it. For the Seals; The Seals. That there should be but one Great Seal of Britain, and one chancellor; And that their should only be a Seal in Scotland; for Processes, and ordinary justice; And that all Patents, of Grants, of Lands, or otherwise, as well in Scotland, as in England, should pass under the Great Seal here, kept about your Person; It is an Alteration internal, whereof ● do not now speak. But the Question, in this Place, is; whether the Great Seals, of England, and Scotland, should not be changed, into one, and the same Form, of Image, and Superscription, of Britain; which, Nevertheless, is requisite, should be, with some one plain, or manifest, Alteration, lest there be a Buz, and suspect, that Grants of Things in England, may be passed, by the Seal of Scotland; Or è converso. Also, whether this Alteration, of Form, may not be done, without Act of Parliament, as the Great Seals, have used, to be heretofore changed, as to their Impressions. The Standards, and Stamps, Moneys. For the Moneys, as to the Real, and Internal Consideration thereof, the Question will be, whether your Majesty, should not continue two Mints; which, the Distance of Territory considered,) I suppose, will be of Necessity. Secondly, how the Standards, (if it be not already done, as I hear some doubt made of it, in popular Rumour,) may be reduced, into an Exact proportion, for the time to come; And likewise, the Computation, Tale, or Valuation, to be made exact, for the Moneys, already beaten. That done, the last Question is, (which is only proper to this place,) whether the Stamp, or the Image, and Superscription, of Britain, for the time forwards, should not be made, the self same, in both places, without any Difference at all. A Matter also, which may be done, as our Law is, by your Majesty's Prerogative, without Act of Parliament. These Points, are Points, of Demonstration, Ad faciendum populum; But so much the more, they go, to the Root, of your Majesty's Intention; which is to imprint, and inculcate, into the Hearts, and Heads, of the People; that they are one People, and one Nation. In this kind, also, I have heard it, pass abroad in Speech, of the Erection, of some new Order, of Knighthood, with a Reference to the Union, and an Oath appropriate thereunto; which is a Point, likewise, deserveth a Consideration. So much for the external Points. Internal Points of Union. The Internal Points, of Separation, are as followeth. 1. Several Parliaments. 2. Several Counsels of Estate. 3. Several Officers of the Crown. 4. Several Nobilities. 5. Several Laws, 6. Several Courts of justice, Trials, and Processes. 7. Several Receipts, and Finances. 8. Several Admiralties, and Merchandizing: 9 Several Freedoms, and Liberties. 10. Several Taxes, and Imposts. As touching the Several States Ecclesiastical; and the several Mints, and Standards; and the several Articles, and Treaties, of Intercourse, with Foreign Nations, I touched them before. In these Points, of the strait, and more inward, Union, there will interveyn, one principal Difficulty, and Impediment, growing from that Root, which Aristotle, in his Politics, maketh, to be the Root, of all Division, and Dissension, in Common Wealths; And that is Equality, and Inequality. For the Realm of Scotland, is now, an Ancient, and Noble, Realm, substantive of itself. But when this Island, shall be made Britain, than Scotland, is no more to be considered, as Scotland, but as a part of Britain; No more than England, is to be considered, as England, but as a part, likewise, of Britain: And consequently, neither of these, are to be considered, as Things entire of themselves, but in the Proportion that they bear to the Whole. And therefore, let us imagine, (Nam id Mente Possumus, quod actu non Possumus,) that Britain, had never been divided, but had ever been one Kingdom; Then that part, of Soil, or Territory, which is comprehended under the Name of Scotland; is, in quantity, (as I have heard it esteemed, how truly I know not;) Not past, a third pa●t of britain; And that part of Soil, or Territory, which is comprehended, under the Name of England, is two parts of Britain; Leaving to speak, of any Difference, of Wealth, or Population, and speaking only of Quantity. So then, if, for Example, Scotland, should bring to Parliament, as much Nobility, as England, then, a Third part, should countervail two parts; Nam si Inaequalibus aequalia addas, omnia erunt ●naequalia. And this, I protest before God, and your Majesty, I do speak, not as a Man born in England, but as a Man born in Britain. And therefore, to descend, to the particulars. For the Parliaments, 1 Parliament. the Consideration of that Point, will fall into four Questions. 1. The first, what proportion shall be kept, between the Votes of England, and the Votes of Scotland. 2. The Second, touching the Manner of Proposition, or possessing, of the Parliament, of Causes there to be handled; Which in England, is used to be done, immediately, by any Member, of the Parliament, or by the Prolocutor; And in Scotland, is used to be done, immediately, by the Lords, of the Articles; Whereof, the one Form, seemeth to have, more Liberty, and the other, more Gravity, and Maturity: And therefore, the Question will be, whether of these, shall yield to other; Or whether there should not be, a Mixture of both, by some Commissions, precedent, to every Parliament, in the Nature, of Lords, of the Articles; And yet not Excluding, the Liberty, of propounding, in full Parliament, afterwards. 3. The Third, touching the Orders of Parliament, how they may be compounded, and the best, of either, taken. 4. The Fourth, how those, which by Inheritance, or otherwise, have Offices of Honour, and Ceremony, in both the Parliaments, as the Lord Steward, with us, etc. may be satisfied, and Duplicity accommodated. For the Counsels of Estate, 2 Cousell● o● Estate. while the Kingdoms stand divided, it should seem necessary, to continue several Counsels; But, if your Maj●sty● should proceed to a strict Union, then, howsoever your Majesty, may establish, some Provincial Counsels, in Scotland, as there is here, of York, and in the Marches of Wales; Yet the Question will be, whether it will not be, more convenient, for your Majesty, to have but one Trivy Council, about your Person; Whereof, the Principal officers, of the Crown, of Scotland, to be, for Dignity sake, howsoever, their Abiding, and Remaining, may be, as your Majesty, shall employ their Service. But this Point, belongeth, merely, and wholly, to your Majesty's Royal Will, and Pleasure. For the Officers, of the Crown, 3 Officers of the Crown the Consideration thereof, will fall into these Questions. First, in regard, of the Latitude, of your Kingdom, and the Distance of Place, whether it will not be Matter of necessity, to continue the several Officers, because of the Impossibility, for the service, to be performed, by one. The Second, admitting, the Duplicity, of Officers, should be continued, yet, whether there should not be a Difference, that one should be the Principal Officer, and the other, to be, but Special, and Subaltern: As for example, one to be Chancellor of Britain, and the other, to be Chancellor, with some special Addition; As here of the Duchy, etc. The Third, if no such specialty, or Inferiority, be thought fit, then whether both Officers, should not have the Ti●le, and the Name, of the whole Island, and Precincts: As the Lord chancellor of England, to be, Lord chancellor of Britain; And the Lord Ch●nceller of Scotland, to be, Lord chancellor of Britain; But with several provisoes, that they shall not, intromit themselves, but within their several precincts. For the Nobilities, 4 Nobilities. the Consideration thereof, will fall into these Questions. The First, of their Votes, in Parliament, (which was touched before,) what proportion they shall bear, to the Nobility of England: Wherein, if the Proportion, which shall be thought ●it, be not full, yet your Majesty may, out of your Prerogative, supply it: For although, you cannot make fewer, of Scotland, yet you may make more of England. The Second is, touching the Place, and Precedence; wherein, to marshal them, according to the Precedence of England, in your Majesty's Style; And according, to the Nobility, of Ireland; That is, all English Earls first, and than Scottish, will be thought unequal, for Scotland. To marshal them, according to Antiquity, will be thought unequal for England. Because I hear, their Nobility, is, generally, more ancient: And therefore, the Question will be, whether the indifferentest way, were not, to take them interchangeably; As for Example; First, the Ancient Earl of England; And then, the Ancient Earl of Scotland; And so, Alternis Vicibus. For the Laws, to make an entire, and perfect, Union, 5 Law●●. it is a Matter of great Difficulty, and Length; Both in the Collecting of them, and in the Passing of them. For first, as to the Collecting of them, there must be made, By the Lawyers, of either Nation, a Digest, under Titles, of their several Laws, and Customes● Aswell Common Laws, as Statutes; That they may be Collated, and Compared; And that, the Diversities, may appear, and be discerned of. And for the Passing of them, we see, by expe●rience, that Patrius Mos, is dear to all men; And that Men are bred, and nourished up, in the Love of it; And therefore, how harsh, Changes, and Innovations, are. And we see, likewise, what Disputation, and Argument, the Alteration, of some one Law, doth cause, and bring forth; How much more, the Alteration, of the whole Corpse, of the Law? Therefore, the first Question will be, whether it be not good, to proceed by parts, and to take that, that is most necessary, and leave the rest, to Time? The Parts therefore, or Subject, of Laws are, for this purpose, fitliest distributed, according to that ordinary Division, of Criminal, and Civil; And those of Criminal Causes, into Capital, and Penal. The Second Question, therefore, is; Allowing the General Union of Laws, to be too great a Work, to embrace, whether it were not convenient, that Cases Capital, were the same, in both Nations? I say, the Cases; I do not speak, of the Proceedings, or Trials; That is to say; whether the same Offences, were not fit, to be made Treason, or Felony, in both places? The Third Question is, whether Cases Penal, though not Capital, yet if they concern the Public State, or otherwise, the Discipline of Manners, were not fit, likewise, to be brought, into one Degree? As the Case, of Misprision of Treason; The Case of Praemunire; The Case of Fugitives; The Case of Incest; The Case of Simony; and the rest. But the Question, that is more urgent, than any of these, is; Whether these Cases, at the least, be they of an higher, or inferior, degree; Wherein the Fact committed, or Act done in Scotland, may prejudice, the State, and Subjects, of England, or é converso; Are not, to be reduced, into one Uniformity, of Law, and Punishment? As for Example; A perjury, committed, in a Court of justice, in Scotland, cannot be prejudicial, in England; Because Depositions, taken in Scotland, cannot be produced, and used, here in England. But a Forgery, of a Deed, in Scotland, I mean, with a false Date of England, may be used, and given in Evidence, in England. So likewise, the Depopulating, of a Town in Scotland, doth not, directly, prejudice, the State of England: But if an English Merchant, shall carry Silver, and Gold, into Scotland, (as he may,) and thence transport it, into foreign parts, this prejudiceth the State of England: And may be, an Evasion, to all the Laws, of England, ordained in that Case: And therefore, had need to be bridled, with as severe a Law, in Scotland, as it is here in England. Of this kind, there are many Laws. The Law, of the 50, of Rich. the 2. of going over without licence, if there be not the like Law in Scotland, will be frustrated, and evaded: For any Subject of England, may go first into Scotland, and thence into foreign parts. So the Laws, prohibiting Transportation of sundry Commodities, as Gold, and Silver, Ordnance, Artillery, Corn, etc. if there be not, a Correspondence of Laws, in Scotland, will, in like manner, be deluded, and frustrate: For any English Merchant, or Subject, may carry such Commodities, first into Scotland, as well, as he may carry them, from Port, to Port, in England. And out of Scotland, into Foreign Parts, without any Peril of Law. So Libels, may be devised, and written, in Scotland, and published, and scattered in England. Treasons, may be plotted in Scotland, and executed● in England. And so, in many other Cases, if there be not, the like Severity, of Law, in Scotland, to restrain Offences, that there is in England; (whereof, we are here ignorant, whether there be, or no,) It will be, a Gap, or Stop, even for English Subjects, to escape, and avoid, the Laws, of England. But for Treasons, the best is, that by the Statute, of 26. K. Hen. the 8'h. Cap. 13. any Treason, committed in Scotland, may be proceeded with, in England, as well, as Treasons committed, in France, Rome, or elsewhere. For Courts of justice, Trials, Processes, and other Administration of Laws, 6 Courts of Justice, and Administration of Laws. to make any Alteration, in either Nation, it will be a Thing, so new, and unwonted, to either People; That it may be doubted, it will make, the Administration of justice; (Which, of all other Things, aught to be known, and certain, as a beaten way;) To become intricate, and uncertain: And besides, I do not see, that the Severalty, of Administration of justice, though it be by Court Sovereign, of last Resort; (I mean, without Appeal, or Error;) Is any Impediment at all, to the Union of a Kingdom: As we see by Experience, in the several Courts of Parliament, in the Kingdom of France: And I have been, always, of Opinion, that the Subjects of England, do, already, fetch justice, somewhat far off, more than in any Nation, that I know, the largeness of the Kingdom Considered, though it be holpen, in some part, by the Circuits, of the judges; And the two Counsels, at York, and in the Marches of Wales, established. But it may be a good Question, whether, as Commune Vinculum, of the justice, of both Nations, your Majesty, should not erect, some Court about your person, in the Nature, of the Grand Council, of France; To which Court, you might, by way of Evocation, draw Causes, from the ordinary judges, of both Nations; For so doth the French King, from all the Courts, of Parliament, in France; Many of which, are more remote, from Paris, than any part of Scotland, is from London. For Receipts, and Finances, 7 Receipts, Finances, and Patrimonies of the Crown. I see no Question will arise; In regard it will be Matter of Necessity, to establish in Scotland, a Receipt of Treasure, for Payments, and Erogations, to be made, in those parts: And for the Treasure of Spare, in either Receipts, the Custodies thereof, may well be several; considering, by your Majesties, Commandment, they may be, at all times, removed, or disposed, according to your Majesty's Occasions. For the Patrimonies, of both Crowns, I see, no Question will arise; Except your Majesty would be pleased, to make one compounded Annexation, for an Inseparable Patrimony, to the Crown, out of the Lands, of both Nations; And so, the like, for the Principality of Britain, and for other Appennages, of the rest of your Children; Erecting, likewise, such Dutchies, and Honours, compounded, of the Possessions, of both Nations, as shall be thought fit. For Admiralty, or Navy, I see, no great question, will arise: 8 Admiralty, Navy, and Merchandizing. For I see no Inconvenience, for your Majesty, to continue Shipping, in Scotland. And for the jurisdictions, of the Admiralties, and the Profits, and Casualties, of them, they will be respective, unto the Coasts, over against which, the Seas lie, and are situated; As it is here, with the Admiralties, of England. And for Merchandizing, it may be a Question, whether that the Companies, of the Merchant Adventurers, of the Turkey Merchants, and the Muscovy Merchants, (if they shall be continued,) should not be compounded, of Merchants, of both Nations, English, and Scottish. For to leave Trade free, in the one Nation, and to have it restrained, in the other, may, percase, breed some Inconvenience. For Freedoms, and Liberties, 9 Freedoms and Liberties. the Charters of both Nations, may be reviewed: And of such Liberties, as are agreeable, and convenient, for the Subjects, and People, of both Nations, one Grea● Charter, may be made, and confirmed, to the Subjects, of Britain; And those Liberties, which are peculiar, or proper, to either Nation, to stand in State, as they do. 〈…〉 But for Imposts, and Customs, it will be a great Question, how to accommodate them, and reconcile them: For, if they be much easier in Scotland, than they be here in England, (which is a Thing, I know not,) then this Inconvenience will follow; That the Merchants of England, may unlade, in the Ports of Scotland; And this Kingdom, to be served, from thence, and your Majesty's Customs abated. And for the Question, whether the Scottish Merchants, should pay Strangers Custom, in England, that resteth, upon the Point, of Naturalisation, which I touched before. Thus have I made your Majesty, a brief, and naked, Memorial, of the Articles, and Points, of this great Cause; which may serve, only, to excite, and stir up, your Majesty's Royal judgement, and the judgement of Wiser Men, whom you will be pleased to call to it: Wherein, I will not presume, to persuade, or dissuade any thing; Nor to interpose mine own Opinion; But do expect light, from your Majesty's Royal Directions; Unto the which, I shall ever submit my judgement, and apply my Travails: And I most humbly pray your Majesty, in this which is done, to pardon my Errors, and to cover them, with my good Intention, and Meaning, and Desire I have, to do your Majesty Service; And to acquire the Trust, that was reposed in me; And chiefly, in your Majesty's 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, only by his Six Wives, three Children; who Reigning successively, and Dying Childless, made place, to the Line, of Margaret, his eldest, Sister, Married, to james the 4th, King of Scotland. There succeeded therefore, to the Kingdom of England, james the 6th, than King of Scotland, descended of the same Margaret, both by Father, and Mother: So that, by a rare Event, in the Pedigrees of Kings, it seemed, as if the Divine Providence, to extinguish, and take away, all Note of a Stranger, had doubled● upon his Person, within the Circle of one Age, the Royal Blood of England, by both Parents. This succession, drew towards it, the Eyes of all Men; Being one, of the most memorable Accidents, that had happened, a long time, in the Christian World. For the Kingdom, of France, having been reunited, in the Age before, in all the Provinces thereof, formerly dismembered: And the Kingdom, of Spain, being, of more fresh memory, united, and made entire, by the Annexing of Portugal, in the Person, of Philip the second; There remained, but this Third, and last Union, for the counterpoizing, of the Power, of these three great Monarchies; And the disposing, of the Affairs, of Europe, thereby, to a more assured, and universal, Peace, and Concord. And this Event, did hold men's Observations, and Discourses, the more; Because, the Island, of Great Britain, divided from the Rest of the World, was never before united, in itself, 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 War, 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 Fools, but the Talk, sometimes, of Wise Men;) And to an ancient tacit Expectation, which had by Tradition, been infused, and inveterated, into men's Minds. But, as the best Divinations, and Predictions, are the Politic, and probable, Foresight, and Conjectures, of wise Men; So, in this Matter, the Providence, of King Hen. the 7th, was in all men's 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, showed himself sensible, and almost Prescient, of this Event. Neither did there want, a Concurrence, of divers Rare, external Circumstances, (besides the Virtues, and Conditions, of the Person,) which gave great Reputation, to this Succession. A● King, in the strength of his years, supported with great Alliances abroad, established with Royal Issue at home, at Peace with all the World, practised, in the Regiment, of such a Kingdom, as might rather enable a King, by variety of Accidents, then corrupt him, with Affluence, or vain glory; And One, that besides his universal 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 Counsels, of Sovereign Princes, or Republics, depend upon them: But nothing, did more fill, Foreign Nations, with Admiration, and Expectation, of his Succession, than the wonderful, 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 Foreigners; 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 Elizabeth's Decease, there must follow, in England, nothing but Confusions, Interreges, and perturbations of Estate; likely, for to exceed, the Ancient Calamities, of the Civil Wars, between the Houses, of Lancaster, and York: By how much more, the Dissensions, were like to be more Mortal, and Bloody, when Foreign Competition, should be added, to Domestical; And Divisions for Religion, to Matter of ●itle, to the Crown. And in special, Parsons the jesuit, under a disguised Name, had, not long before, published, an express Treatise; Wherein, whether his Malice, made h●m believe his own Fancies; Or whether, he thought it the fittest way, to move Sedition; Like evil 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 Affairs 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 before themselves, the waves of people's Hearts; (Guided, no less, by sudden, and temporary, Winds, then by the natural Course, and Motion, of the Waters;) Were, not without fear, what might be the Event? For Queen Elizabeth, being a Prince, of extreme Caution; and yet One, that loved Admiration, above Safety; And knowing, The Declaration of a Successor, might, 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 Maxim, of Estate, to impose a Silence, touching Succession. Neither was it only Reserved, as a Secret of Estate, but Restrained, by severe Laws; 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 rejoiced all Men, to see so fair a Morning of a Kingdom, and to be throughly secured, of former Apprehensions; As a Man, that awaketh, out of a Fearful Dream. But so it was, that not only the Consent, but the Applause, and Joy, was infinite, and not to be expressed, thronghout the Realm of England, upon this Succession: Whereof, the Consent, (no doubt,) may be truly ascribed, to the Clearness of the Right; But the general Joy, Alacrity, and Gratulation, were the Effects, of differing Causes. For Queen Elizabeth, although she had the use, of many, both Virtues, and Demonstrations, that might draw, and knit unto her, the Hearts of her People; Yet nevertheless, carrying a Hand, Restrained in Gift, and strained, in Points of Prerogative, could not answer the Votes, either of Servants, or Subjects, to a full Contentment; especially in her latter Days, when the Continuance of her Reign, (which extended to Five and Forty years,) might discover, in People, their Natural Desire, and Inclination, towards Change; So that a new Court, and a new Reign, were not, to many, unwelcome. Many were glad, and especially, those of Settled ●state, and Fortunes, that the Fears, and Incertainties were Overblown, and that the die was cast: Others that had made their way, with the King, or offered their Service, in the Time of the former Queen, thought now the Time was come, for which they had prepared: And generally, all such, as had any dependence, upon the late Earl of Essex; (Who had mingled, the Secrecy● of his own Ends, with the Popular pretence, of advancing the King's Title;) Made account, thei● 'Cause was amended. Again, such as ●ought misdoubt, they had given the King, any occasion of Distaste, did continue, by their Forwardness, and Confidence, to show, it was but their Fastness, to the Former Government; And that, those Affections, ended with the Time. The Papists, nourished their hopes, by collating, the Case, of the Papists in England, and under Queen Elizabeth, and the Case, of the Papists, in Scotland, under the King: Interpreting, that the Condition, of them, in Scotland, was the less Grievous; And divining, of the King's Government here accordingly: Besides, the Comfort, they ministered themselves, from the Memory, of the Queen his Mo●her. The Ministers, and those which stood, for the Presbytery, thought their Cause, had more Sympathy, with the Discipline of Scotland, than the Hierarchy of England; And so, took themselves, to be, a Degree nearer their Desires. Thus had every Condition of Persons, some Contemplation of Benefit, which they promised themselves; Over-reaching, perhaps, according to the Nature of Hope; But yet, not without, some probable Ground, of Conjecture. At which time also, there came forth, in Print, the King's Book, entitled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Containing, Matter of Instruction, to the Prince, his Son, touching the Office of a King; Which Book, falling into every Man's Hand, filled the whole Realm, as with a good Perfume, or Incense, before the Kings coming in: For being excellently written, and having nothing of Affectation, it did not only satisfy better, then particular Reports, touching the King's Disposition; But far exceeded, any formal, or curious, Edict, or Declaration, which could have been devised, of that Nature, wherewith Princes, in the beginning of their Reigns, do use, to grace themselves, or at least, express themselves gracious, in the Eyes of their People. And this was, for the general, the State, and Constitution, of men's Minds, upon this Change: The Actions themselves, passed in this Manner, etc. The Rest is wanting. A LETTER, AND DISCOURSE, TO Sir HENRY SAVILL, TOUCHING HELPS, FOR THE INTELLECTVAL POWERS. SIR, COming back from your Invitation at Eton, where I had refreshed myself, with Company, which I loved; I fell, into a Consideration, of that Part, of Policy, whereof Philosophy speaketh too much● and Laws too little; And that is, of Education of Youth. Whereupon, fixing my mind● a while, I found straight ways, and noted, even in the Discourses of Philosophers, which are so large in this Argument, a strange Silence, concerning one principal Part, of that Subject: For as touching, the Framing, and Seasoning, of Youth, to Moral Virtue; (As Tolerance of Labours, Continency from Pleasures, Obedience, Honour, and the like; They handle it; But touching the Improvement, and Helping, of the Intellectual Powers; As of Conceit, Memory, and judgement, they say nothing. Whether it were, that they thought it, to be a Matter, wherein Nature only prevailed; Or that they intended it, as referred, to the several, and Proper, Arts, which teach, the use, of Reason, and Speech. But ●or ●he former of these two Reasons, howsoever, it pleaseth them, to distinguish, of Habits, and Powers; The Experience is manifest ●nough, that the Motions, and Faculties, of the Wit, and Memory, may be, not only governed, and guided, but also confirmed, and ●nlarged, b● Custom, and Exercise, duly applied: As if a Man exercise shooting, he shall not only shoot nearer the Mark, but also draw a stronger Bow. And as for the Latter, of Comprehending, these precepts, within the Arts, of Logic, & Rhetoric; If it be rightly considered, their Office is distinct, altogether, from this Point: For it is no part, of the Doctrine, of the Use, or Handling, of an Instrument, to te●ch, how to Whet, or grind, the Instrument, to give it a sharp edge; Or how to quench it, or otherwise, whereby to give it a stronger Temper. Wherefore, finding this part of Knowledge, not broken, I have, but tanquam aliud agens, entered into it, and salute you with it; Dedicating it, af●er the ancient manner, first as to a dear Friend; And then as to an Apt Person; For as much, as you have, both place, to practise it, and Judgement, and Leisure, to look deeper into it, than I have done. Herein you must call to mind, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Though the Argument, be not of great Height, and Dignity, nevertheless, it is of great, and universal use: And yet, I do not see, why, to consider it rightly; That should not be a Learning of Height, which teacheth to raise, the Highest, and Worthiest, Part of the Mind. But howsoever that be, if the World take any Light, and Use● by this Writing, I will, the Gratulation be, to the good Friendship, and Acquaintance, between us two. And so I commend you, to Gods Divine Protection. A DISCOURSE, touching HELPS, for the INTELLECTUAL POWERS. I did ever hold it, for an Insolent, and unlucky, Saying; Faber quisque Fortunae suae; except it be uttered, only, as an Hortative, or Spur, to correct Sloth. For otherwise, if it be believed, as it soundeth; And that a Man, entereth into an high Imagination, that he can compass, and fathom, all Accidents; And ascribeth, all Successes, to his Drifts, and Reaches; And the contrary, to his Errors, and Sleeping: It is commonly seen, that the Evening Fortune, of that Man, is not so prosperous, as of him, ●hat without slackening, of his Industry, attributeth much to Felicity, and Providence above him. But if the Sentence were turned to this; Faber quisque Ingenii sui, it were somewhat more True, and much more Profitable: Because it would teach Men, to bend themselves, to Reform, those Imperfections, in themselves, which now they seek but to Cover: And to attain, those Virtues, and Good Parts, which now they seek, but to have, only, in show, and Demonstration. Yet notwithstanding, every Man attempteth to be, of the first Trade, of Capenters; And Few bind themselves to the Second: whereas, nevertheless, the Rising in Fortune, seldom, amendeth the Mind; But, on the other side, the Removing of the Stonds, and Impediments, of the Mind, doth often clear, the passage, and Current, to a Man's Fortune. But certain it is, whether it be believed, or no, that, as the most excellent of Metals, Gold, is, of all other, the most Pliant, and most Enduring to be wrought; So, of all Living, and Breathing Substances, the Perfectest, (Man,) is the most susceptible of Help, Improvement, Impression, and Alteration; And not only in his Body, but in his Mind, and Spirit; And there again, not only, in his Appetite, and Affection, but in his Powers of Wit, and Reason. For as to the Body of Man, we find many, and strange, Experiences, how Nature is overwrought by Custom, even in Actions, that seem of most difficulty, and least possible. As first in Voluntary Motion; Which though it be termed Voluntary, yet the highest Degrees of it, are not Voluntary; For it is, in my Power, and Will, to Run; But to Run faster, then according to my Lightness, or Disposition of Body, is not in my Power, nor Will. We see the Industry, and Practise, of Tumblers, and Funambulo's, what Effects, of great Wonder, it bringeth, the Body of Man, unto. So for suffering of Pain, and Dolour, which is thought so contrary to the Nature of Man, there is much Example of Penances, in stric● Orders, of superstition, what they do endure; Such as may well verify, the Report, of the Spartan Boys, which were wont, to be scourged, upon the Altar so bitterly, as sometimes they died of it; And yet were never heard to complain. And to pass to those Faculties, which are reckoned more Involuntary; As Long Fasting, and Abstinenee; and the contrary Extreme, (Voracity;) The Leaving, and Forbearing, the Use, of Drink, for altogether; The Enduring vehement Cold, and the like; There have not wanted, neither do want, divers Examples, of strange Victories, over the Body, in every of these. Nay in Respiration, the proof hath been of some, who by continual use of Diving, and Working, under the Water, have brought themselves, to be able, to hold their Breath, an incredible time; And others, that have been able, without Suffocation, to endure, the Stifling Breath, of an Oven, or Furnace, so heated; As though, it did not scal●, nor burn; Yet it was, many Degrees, too ho●, for any Man, not made to it, to Breath, or take in. And some Impostors, and Counterfeits, likewise, have been able, to wreathe, and cast their Bodies, into strange Forms, and Motions: Yea, and others, to bring themselves, into ●rances, and Astonishments. All which Examples, do demonstrate, how variously, and how to High, Points, and Degrees, the Body of Man, may be, (as it were,) moulded, and wrought. And if any Mad conceive, than it is some secret propriety of Nature, that hath been in those Persons, which have attained to those Points; And that it is not open, ●or every Man, to do the like, though he had been put to it; For which Cause, such Things, come but very rarely to pass; It is true, no doubt, but some Persons, are apt than others; But so, as the more aptness, causeth Perfection, but the less Aptness, doth not disable: So that, for Example, the more apt Child, that is taken, to be made a Funambulo, will prove more excellent in his Feats; But the less apt will be Gregarius Funambulo also. And there is small Question, but that these Abilities, would have been more common; And others, of like sort, not attempted, would, likewise, have been brought, upon the Stage, but for two Reasons: The one, because of men's Diffidence, in prejudging them, as Impossibilities; For it holdeth, in those things, which the Poet saith; Possunt, quia posse videntur: For no Man shall Know, how much may be done, except he Believe, much may be done. The other Reason is, because they be, but Practices, base, and inglorious, and of no great use; And therefore sequestered from Reward of Value; And on the other side, painful; So as the Recompense ballanceth not with the Travail, and Suffering. And as to the Will of Man, it is that, which is most Maniable, and Obedient; As that, which admitteth most Medicines, to cure, and alter it. The most Sovereign, of all, is Religion; which is able to change, and transform it, in the deepest, and most inward inclinations, and Motions: And next to that is Opinion, and Apprehension; Whether it be infused by Tradition, and Institution; or wrought in, by Disputation, and Persuasion: And the Third is Example, which transformeth the Will of Man, into the Similitude of that, which is most obversant, and familiar towards it. And the Fourth is, when one Affection, is healed, and corrected, by another: As when Cowardice, is remedied by Shame, and Dishonour; Or Sluggishness, and Backwardness, by indignation, and Emulation; And so of the like. And lastly, when all these Means, or any of them, have new framed, or form, Humane Will; Then doth Custom, and Habit, Corroborate, and confirm, all the rest. Therefore, it is no marvel, though this Faculty, of the Mind, (of Will, and Election;) which inclineth Affection, and Appetite, being but the Inceptions, and Rudiments, of Will; May be so well governed, and managed; Because, it admitteth access, to so divers Remedies, to be applied to it, and to work upon it. The Effects whereof are so many, and so known, as require no Enumeration; But, generally, they do issue, as Medicines do, into two Kind's, of Cures; whereof the one, is a Just, or True, Cure; And the other, is called Palliation. For, either the Labour, and Intention is, to reform the Affections, really, and truly; Restraining them, if they be too violent; And raising them, if they be too Soft, and Weak; Or else, it is to cover them; Or, if occasion be, to pretend them, and represent them. Of the former Sort whereof, the Examples, are plentiful, in the Schools, of Philosophers, and in all other Institutions, of Moral Virtue; And of the other sort, the Examples, are, more plentiful, in the Courts of Princes, and in all Politic Traffic: Where it is ordinary to find, not only profound Dissimulations, and Suffocating the Affections, that no Note, or Mark, appear of them, outwardly; But also, lively Simulations, and Affec●ations, carrying the Tokens of Passions, which are not; As Risus jussus, and Lachrymae Coactae, and the like. Of Helps, of the Intellectual Powers. THe Intellectual Powers, have fewer means, to work upon them, than the Will, or Body of Man; But the one, that prevaileth, that is Exercise, worketh more forcibly in them, then in the Rest. The Ancient Habit, These that follow, are but indisgested Notes. of the Philosophers; Si quis quaerat, in utramque partem, de omni Scibili. The Exercise, of Scholars, making Verses extempore; Stans pede in uno. The Exercise, of Lawyers, in Memory Narrative● The Exercise, of Sophists, and Io. ad Oppositum, with manifest effect. Artificial Memory greatly holpen by Exercise. The Excercise, of buffoons, to draw all things, to Conceits Ridiculous. The Means that help the Understanding, and Faculties thereof, are. (Not Example, as in the Will, by Conversation; And here, the Conceit of Imitation, already digested; with the Confutation, Obiter, si videbitur, of Tully's Opinion, advising a Man, to take some one to Imitate. Similitude of Faces analysed.) Arts, Logic, Rhetoric: The Ancients, Aristotle, Plato, Thaetetus Gorgias, Litigiosus, vel Sophista, Protagoras, Aristotle, Schola sua. Topics, Elenches, Rhetorics, Organon, Cicero, Hermogenes. The neoterics, Ramus, Agricola. Nil sacri Lullius. his Typocosmia, studying Cooper's Dictionary; Mattheus Collection, of proper words for Metaphors; Agrippa, de vanitat. etc. Que. if not here, of Imitation. Collections preparative. Aristotle's Similtude of a Shoemaker's Shop, full of Shoes, of all Sorts: Demosthenes Exordi● Concionum. Tulli●s precept, of Theses of all sorts, preparative. The Relying upon Exercise, with the Difference, of Using, and tempering, the Instrument; And the Similitude, ●f prescribing, against the Laws, of Nature and of Estate. 5. Points. That Exercises, are to be framed, to the Life: That is to say, to work Ability, in that kind, whereof a Man, in the Course of Action, shall have most Use. The indirect, and Oblique Exercises, which do, per parts, and per consequentiam, enable these Faculties; which perhaps, direct Exercise, at first, would but distort. And these, have chiefly place, where the Faculty is weak, not per se, but per Accidens. As if Want of Memory, grow through Lightness of Wit; and want of stayed Attention; Then the Mathematics, or the Law, helpeth: Because, they are Things, wherein if the Mind once roam, it cannot recover. Of the Advantages of Exercise; As to dance with heavy Shoes; To march with heavy Armour, and Carriage; And the contrary Advantage, (in Natures, very dull, and unapt,) of working Alacrity, by framing an Exercise, with some Delight, or Affection; — Veluti pueris dant Crustula blandi Doctores, Elementa velint ut discere prima. Of the Cautions of Exercise; As to beware, lest by evil doing, (as all Beginners do weakly,) a Man grow not, and be inveterate, in an ill Habit; And so take, not the Advantage of Custom in perfection, but in confirming ill. Slubbering on the Lute. The Marshalling, and Sequel of Sciences, and practices: Logic, and Rhetorick● should be used, to be read, after Poesy, History, and Philosophy. First, Exercise, to do things well, and clean; after, promptly, and readily. The Exercises, in the Universities, and Schools, are of Memory, and Invention; Either to speak by Heart, that which is set down verbatim; Or to speak Extempore. Whereas, there is little use, in Action, of either of both: But most things, which we utter, are neither verbally premeditate, nor merely Extemporal. Therefore Exercise, would be framed to take a little Breathing, and to consider of Heads; And then to fit, and form, the Speech, Ex tempore. This would be done, in two manners; Both with writing, and Tables; And without. For, in most Actions, it is permitted, and passable, to use the Note; Whereunto, if a Man be not accustomed, it will put him out. There is no use, of a Narrative Memory, in Academiis, viz, with Circumstances of Times, Persons, and Places, and with Names; And it is one Art, to discourse, and another to Relate, and Describe: And herein Use, and Action, is most conversant. Also, to Sum up, and Contract, is a Thing, in Action, of very general Use. CERTAIN CONSIDERATIONS, Touching the Better, PACIFICATION, AND EDIFICATION, OF THE CHURCH OF ENGLAND Dedicated, to His most Excellent MAJESTY. THE Unity of your Church, (excellent Sovereign,) is a Thing, no less precious, than the Union of your Kingdoms; Being both Works, wherein your Happiness, may contend, with your Worthiness: Having therefore presumed, not without your Majesty's gracious Acceptation, to say somewhat of the one; I am, the more encouraged, not to be silent, in the other: The rather, because it is an Argument, that I have traveled in heretofore: But Solomon, commendeth a Word spoken in Season, And as our Saviour; (speaking of the Discerning of Seasons,) saith; When you see a Cloud, rising in the West, you say, it will be a shower: So your Majesty's Rising, to this Monarchy, in the West Parts, of the World, doth promise, a sweet, and fruitful, Shower, of many Blessings, upon this Church, and Commonwealth; A Shower, of that Influence, as the very first Deaws, and Drops thereof, have, already, laid the Storms, and Winds, throughout Christendom; Reducing, the very Face, of Europe, to a more peaceable, and Amiable, Countenance. But to the Purpose. It is very true, that these Ecclesiastical Mat●ers, are Things, not properly appertaining, to my Profession; which, I was not, so inconsiderate, but to object to myself: But finding, that it is, many times, seen, that a Man, that standeth off, and somewhat removed, from a Plot of Ground, doth better survey it, and discover it, than those which are upon it; I thought it not impossible, but that I, as a Looker on, might cast mine Eyes, upon some Things, which the Actors themselves, (especially, some being interessed, some led and addicted, some declared and engaged,) did not, or would not see. And that, knowing in my Conscience, (wheretoo God beareth witness,) that the Things which I shall speak, spring out of no Vein of Popularity, Ostentation, Desire of Novelty, Partiality to either Side, Disposition to intermeddle, or any the like Leven; I may conceive hope, that what I want, in depth of Judgement, may be countervailed, in Simplicity, and Sincerity, of Affection. But of all Things, this did most animate me; That I found, in these Opinions, of mine, (which I have long held, and embraced, as may appear by that, which I have, many years since, written of them, according to the proportion, nevertheless, of my weakness,) a Consent, and Conformity, with that, which your Majesty hath published, of your own, most Christian, most Wise, and Moderate Sense, in these Causes: wherein you have well expressed, to the World, that there is infused, in your Sacred Breast, from God, that High principle, and Position of Government; That you ever hold the Whole, more dear, than any Part. For who seeth not, that Many are affected, and give Opinion, in these Matters, as if they had not, so much a desire, to purge the Evil, from the Good, as to countenance, and protect, the Evil, by the Good? Others speak, as if their Scope, were only, to set forth, what is Good, and not to seek, what is Possible; which is to Wis●, and not to Propound. Others proceed, as if they had rather, a Mind of Removing, then of Reforming: But howsoever, either Side, as Men, (though excellent Men) shall run into Extremities; yet your Majesty, as a most Wise, Equal, and Christian Moderator, is disposed, to find out, the Golden Mediocrity, in the Establishment, of that which is Sound; And, in the Reparation, of that, which is Corrupt, and decayed. To your Princely judgement, then, I do, in all Humbleness, submit, whatsoever I shall propound; offering the same, but as a Mite● into the Treasury, of your Wisdom: For, as the Astronomers, do well observe; That when three, of the Superior Lights, do meet in Conjunction, it bringeth forth, some admirable Effects: So, there being joined, in your Majesty, the Light of Nature, the Light of Learning, and above all, the Light of God's Holy Spirit; It cannot be, but your Government, must be as a Happy Constellation, over the states of your Kingdoms. Neither is there wanting, to your Majesty, that Fourth Light; which though it be, but a borrowed L●ght, yet is, of singular Efficacy, and Moment, added to the rest; which is, the Light, of a most wise, and well compounded, Council; To whose Honourable, and Grave, Wisdoms, I do likewse submit, whatsoever I shall speak: Hoping, that I shall not need, to make Protestation, of my Mind, and Opinion; That until your Majesty, doth otherwise determine, and order, all Actual, and Full Obedience, is to be given, to Ecclesiastical jurisdicton, as it now standeth; And when your Majesty, hath determined, and ordered, that every good subject ought to rest satisfied, and apply his Obedience, to your Majesty's Laws, Ordinances, and Royal Commandments: Nor, of the Dislike, I have, of all Immodest Bitterness, peremptory presumption, Popular handling; And other Courses, tending rather to Rumour, and Impression, in the vulgar Sort, then to likelihood of Effect, joined with Observation of Duty. But before, I enter, into the Points controverted, I think good to remove, (if it may be,) two Opinions, which do directly confront, and oppone, to Reformation: The one, bringing it to a Nullity; And the other, to an Impossibility. The First is; That it is against good Policy, to innovate any ●hing, in Church Matters; The other; That all Reformation, must be, after one Platform. For the First of these, it is excellently said, by the Prophet; State super vias antiquas, & videte, quaenam sit via recta, & vera, & ambulate in eâ. So as, he doth not say; State super vias antiquas, & ambulate in eyes: For it true, that with all Wise, and Moderate, Persons, Custom, and Usage, obtaineth that Reverence, as it is sufficient Matter, to move them, to make a stand, and to discover, and take a View; But it is no warrant, to guide, and conduct them: A just Ground, I say, it is, of Deliberation, but not of Direction. But, on the other side, who knoweth not, that Time, is truly compared, to a Stream, that carrieth down, fresh, and pure Waters, into that salt Sea of Corruption, which invironeth all Human Actions? And therefore, if Man shall not, by his Industry, Virtue, and Policy, as it were, with the Oar, row against the Stream, and inclination of Time; All Institutions, and Ordinances, be they never so pure, will corrupt, and degenerate. But not, to handle this matter, Common-place like, I would only ask, why the Civil State, should be purged, and restored, by Good, and Wholesome, Laws, made every Third, or Fourth, year, in Parliament assembled; Devising Remedies, as fast as Time, breedeth Mischief; And chose, the Ecclesiastical State, should still continue, upon the dregs of Time, and receive, no Alteration now, for this Five and Forty years, and more? If any Man, shall object, that if the like Intermission, had been used, in Civil Causes also, the Error had not been great; Surely the Wisdom of the Kingdom, hath been otherwise, in Experience, for Three Hundred years' space, at the least. But, if it be said to me, that there is a Difference, between Civil Causes, and Ecclesiastical, they may as well tell me, that Churches, and Chapels, need no Reparations, though Castles, and Houses, do; Whereas commonly, to speak truth, Dilapidations, of the Inward, and Spiritual, Edifications, of the Church, of God, are, in all times, as great, as the Outward, and Material. Sure I am, that the very word, and Style, of Reformation, used by our Saviour; Ab initio non fuit sic; was applied, to Church Matters; And those, of the highest Nature, concerning the Law Moral. Nevertheless, He were both unthankful, and unwise, that would deny, but that the Church, of England, during the time of Queen Elizabeth, of famous Memory, did flourish. If I should compare it, with Foreign Churches, I would ●ather, the Comparison should be, in the Virtues, then, as some make it, in the Defects; Rather, I say, as between the Vine, and the Olive, which should be most fruitful, And not, as between the Briar, & the Thistle, which should be most unprofitable. For that Reverence, should be used, to the Church, which the good Sons of Noah, used, to their Father's Nakedness; That is, as it were, to go backwards, and to help, the Defects thereof, and yet to dissemble them. And it is to be acknowledged, that scarcely any Church, since the Primitive Church, yielded, in like Number of Years, and Latitude of Country, a greater Number, of Excellent Preachers, Famous Writers, and Grave Governors: But for the Discipline, and Orders, of the Church, as many, & the chiefest, of them, are Holy, and Good; So yet, i● Saint john, were to indite an Epistle, to the Church of England, as he did, to them of Asia, it would, sure, have the Clause; Habeo adversus te pauca. And no more, for this Point; Saving that, as an Appendix thereunto, it is not amiss, to touch that Objection, which is made to the Time, and not to the Matter; Pretending, that if Reformation, were necessary, yet it were not now seasonable, at your Majesty's First Entrance: Yet Hypocrates saith; Si quid moves, à principio move: And the wisdom, of all Examples, do show, that the wisest Princes, as they have ever been, the most sparing, in Removing, or Alteration, of Servants, and Officers, upon their Coming in; So, for Removing of Abuses, and Enormities; And for Reforming of Laws, and the Policy of their States, they have, chiefly, sought to ennoble, and commend, their Beginnings therewith; Knowing, that the first Impression, with People, continueth long; And when men's Minds, are most in Expectation, and Suspense, then, are they best wrought, and managed: And therefore it seemeth to me, that as the Spring of Nature, (I mean, the Spring of the year,) is the best Time, for purging, and Medicining, the Natural Body; So the Spring of Kingdoms, is the most proper Season, for the purging, and Rectifying, of Politic Bodies. There remaineth yet, an Objection, rather of Suspicion, then of Reason; And yet such, as I think, maketh a great Impression, in the minds, of very wise, and well affected, Pe●sons; which is; That if way be given, to Mutation, though it be in taking away Abuses, yet it may so acquaint Men, with sweetness of change, as it will undermine, the Stability, even of that, which is sound, and good. This, surely, had been a good, and true, allegation, in the Ancient Contentions, and Divisions, between the People, and the Senate, of Rome: where things were carried, at the Appetites of Multitudes; which can never keep, within the Compass, of any Moderation: But the●e Things, being with us, to have an orderly passage, under a King, who hath a Royal power, and approved Judgement; And knoweth, as well the Measure of Things, as the Nature of them; It is, surely, a needless, Fear. For they need not doubt, but your Majesty, with the advice of your Council, will discern, what Things are intermingled, like the Tares, amongst the wheat; which have their Roots, so enwrapped, and entangled, as the one, cannot be pulled up, without endangering the other; And what, are mingled, but as the Chaff, and the Corn, which need but a Fan, to sift, and sever them. So much therefore, for the first Point, of no Reformation, to be admitted, at all. For the Second Point, that there should, be but one form, o● Discipline, in all Churches; And that, imposed, by necessity, of a Commandment, and prescript, out of the word of God; It is a Matter, Volumes have been compiled of, and therefore cannot receive a brief Redargution. ay, for my part, do confess, that in Revolving the Scriptures, I could never find, any such Thing; But that God, had left, the like Liberty, to the Church Government, as he had done to the Civil Government; To be varied, according to Time, and Place, and Accidents; which, nevertheless, his high, and Divine, Providence, doth order, and dispose. For all Civil Governments, are restrained, from God, unto the general Grounds, of Justice, and Manners; But the Policies, and Forms, of them, are left Free; So that Monarchies, and Kingdoms; Senates, and Seignories, Popular States, and Commonalties; are lawful; And where they are planted, aught to be maintained inviolate. So likewise, in Church Matters, the Substance of Doctrine, is Immutable; And so are, the general Rules, of Government; But for Rites, and Ceremonies; And for the particular Hierarchies, Policies, and Disciplines, of Churches, they be left at large. And therefore, it is good, we return, unto the ancient Bounds of Unity, in the Church of God; which was, One Faith, One Baptism; And not, one Hierarchy, one Discipline: And that we observe the League of Christians, as it is penned by our Saviour, which is, in substance of Doctrine, this; He that is not with us, is against us: But in Things indifferent, and but of circumstance, this; He that is not against us, is with us. In these things, so as the general Rules be observed; That Christ's Flock be fed; That there be, a Succession, in Bishops, and Ministers, which are the Prophets of the new Testament; That ●here be a due, and reverend, use, of t●e power, of the Keys; That those that preach the Gospel, live of the Gospel; That all things tend to edification; That all things be done, in order, and with decency; And the like; The rest, is left, to the Holy wisdom, and Spiritual Discretion, of the Master Builders, and in●eriour Builders, in Christ's Church; As it is excellently alluded, by that Father, that noted; That Christ's Garment, was without Seam, and yet, the Church's Garment, was of divers Colours; And thereupon, setteth down for a Rule; In veste varietas sit, scissura non fit. In which Variety, nevertheless, it is a safe, and wise, Course, to follow good Examples, and Precedents; But then, by the Rule of Imitation, and Example, to consider, not only, which are Best, but which are the Likeliest; as namely, the Government, of the Church, in the purest Times, of the first Good Emperors, that embraced the Faith. For the Times of Persecution, before Temporal Princes, received our Faith; As they were, excellent Times, for Doctrine, and Manners; so they be unproper, and unlike Examples, of outward Government, and Policy. And so much, for this Point: Now to the particular Points, of Controversies, or rather of Reformation. Circumstances, in the Government, of Bishops. FIrst therefore for the Government of Bishops, I for my part, not prejudging, the Precedents of other Reformed Churches, do hold it warranted, by the Word of God, and by the Practice, of the Ancient Church, in the better Times; And much more convenient, for Kingdoms, than Parity of Ministers, and Government by Synods. But then further, it is to be considered, that the Church, is not now to plant, or Build; But only, to be proi●ed, from Corruption; And to be repaired, and restored, in some decays. For it is worth the Noting, that the Scripture saith; Translato Sacerdotio, necesse est, ut & Legis fiat Translatio. It is not possible, in respect of the great, and near Sympathy, between the State Civil, and the State Ecclesiastical, to make so main an alteration, in the Church, but it would have a perilous operation, upon the Kingdoms: And therefore, it is fit, that Controversy, be in Peace, and Silence. But there be two Circumstances, in the Administration, of Bishops, Wherein, I confess, I could never be satisfied; The one, the sole Exercise, of their Authority; The other, the Deputation, of their Authority. For the First, the Bishop giveth Orders alone; Excommunicateth alone; judgeth alone. This seemeth, to be a Thing, almost, without Example, in good Government; and therefore, not unlikely, to have crept in, in the degenerate, and corrupt, Times. We see, the greatest Kings, and Monarches, have their Counsels: There is no Temporal Court, in England, of the Higher sort, where the Authority, doth rest in one person: The King's Bench, Common Pleas, and the Exchequer, are Benches, of a certain Number, of Judges. The Chancellor of England, hath an Assistance, of twelve Masters, of the Chancery. The Master of the Wards, hath a Council, of the Court: So hath, the Chancellor of the Duchy. In the Exchequer Chamber, the Lord Treasurer, is joined, with the Chancellor, and the Barons. The Masters of the Requests, are ever, more than One. The justices of Assize, are two. The Lord Presidents, in the North, and in Wales, have Counsels of divers; The Star-Chamber, is an Assembly, of the King's Privy counsel, aspersed, with the Lords, Spiritual, and Temporal: So as in Courts, the principal Person, hath ever, either Colleagues, or Assessors. The like, is to be found, in other, well governed, Commonwealths, abroad, where the jurisdiction is yet more dispersed; As in the Court of Parliament of France; And in other places. No man will deny, but the Acts, that pass the Bishop's jurisdiction, are of as great Importance, as those, that pass, the Civil Courts; For men's Souls, are more precious, than their Bodies, or Goods; And so are their Good Names. Bishops have their Infirmities, & have no Exception, from that general Malediction, which is pronounced against all Men Living; Vae Soli, nam si ceciderit; etc. Nay, we see; that the fi●st Warrant, in Spiritual Causes, is directed to a Number; Dic Ecclesiae; which is not so, in Temporal Matters: And we see, that in general Causes, of Church Government, there are, as well Assemblies, of all the Clergy, in Counsels, as of all the States in Parliament: Whence should this sole exercise, of Jurisdiction come? Surely, I do suppose, and I think, ●pon good Ground; That Ab Initio non fuit ita: And that the Deans, and Chapters, were Counsels, about the Sees, and Chairs, of Bishops, at the first; And were, unto them a Presbytery, or Consistory; And intermeddled, not only, in the Disposing, of their Revenues, and Endowments; but much more, in jurisdiction Ecclesiastical. But, it is probable, that the Deans, and Chapters, stuck close to the Bishops, in Matters of Profit, and the World, and would not lose their Hold; But, in Matters of Jurisdiction, (which they accounted but Trouble, and Attendance,) they suffered the Bishops to encroach, and usurp; And so the one continueth, and the other is lost. And we see, that the Bishop of Rome, (Fas enim & ab Host doceri; And, no question, in that Church, the first Institu●ions, were excellent,) performeth, all Ecclesiastical jurisdiction, as in Consistory. And whereof consisteth t●is Consistory, but of the Parish Priests, of Rome, which term themselves Cardinals, à Cardinibus Mundi; Because, the Bishop, pretendeth to be universal, over the whole World. And hereof again, we see many shadows, yet remaining: As that the Dean, and Chapter, pro formâ, chooseth the Bishop, which is the Highest Point, of jurisdiction. And that, the Bishop, when he giveth Orders, if there be any Ministers, casually present, calleth them, to join with him, in Imposition of Hands, and some other Particulars. And therefore it seemeth to me, a Thing Reasonable, and Religious, and according to the first Institution, that Bishops, in the greatest Causes, and those which require a Spiritual Discerning; Namely in Ordaining, Suspending, or Depriving Ministers; In Excommunication, (being restored, to the true, an proper Use; As shall be afterwards touched;) In sentencing, the Validity, of Marriages, and Legitimations, In judging Causes Criminous, as Simony, Incest, Blasphemy, and the like; Should not proceed sole, and unassisted. Which Point, (as I understand it,) is a Reformation, that may be planted, sine Strepi●u, without any Perturbation, at all: And is a Matter, which will give strength to the Bishops; Countenance to the inferior Degrees of Pelates, or Ministers; And the better Issue, or proceeding, to those Causes, tha● shall p●s●e. And, as I wish, this strength, given to the Bishops, by Council, so it is not unworthy, your Majesty's Consideration, whether you s●all not think fit, to give strength, to the general Council, of your Clergy, (the Convocation House;) which was then restrained, when the State of the Clergy, was thought, a Suspected Part, to the Kingdom, in Regard, of their late Homage, to the Bishop of Rome; Which State, now, will give place to none, in their Loyalty, and Devotion, to your Majesty. For the Second Point; which is, the Deputation of their Authority; I see, no perfect, and sure Ground, for that neither; Being somewhat different, f●om the Examples, and Rules, of Government. The Bishop, exerciseth his jurisdiction, by his chancellor, and Commissary, Official, etc. We see, in all Laws, in the world, Offices o● Confidence, and skill, cannot be put over, nor exercised by Deputy● Except it be, especially, contained, in the Original Grant; And in that case, it is dutiful. And for Experience, there was never, any chancellor of England, made a Deputy. There was never any judge, in any Court, made a Deputy. The Bishop, is a judge, and of a high Nature; whence cometh it, that he should depute● Considering, that all Trust, and Confidence, (as was said,) is personal, and Inherent; And cannot, nor ought not, be transposed? Surely, in this again; Ab Initio non fuit sic; But it is probable, that Bishops, when they gave themselves, too much, to the Glory of the World, and became Grandees in Kingdoms, and great Councillors to Princes, than did they deleague, their proper jurisdictions, as Things, of too inferior a Nature, for their Greatness; And then, after the Similitude, and Imitation, of Kings, and Counts Palatine, they would have their Chancellers, and judges. But that Example, of Kings, and Potentates, giveth no good Defence. For the Reasons, why Kings, administer, by their judges, although themselves are Supreme judges, are two. The one, because the Offices of Kings are, for the most part, of Inheritance; And it is a Rule, in all Laws, that Offices of Inheritance, are rather Matters, that Ground in Interest, then in Confidence; For as much, as they may fall upon Women, upon Infants, upon Lunatics, and Idiots, persons incapable, to Execute judicature, in Person; And therefore, such Offices, by all Laws, might, ever, be exercised, and administered, by Delegation. The Second Reason is, because of the Amplitude of their Jurisdictions; Which is a great, as either their Birthright, from their Ancestors, or their Sword-right from God, maketh it. And therefore, if Moses, that was Governer, over no great People, and those collected together, in a Camp; And not scattered, in Provinces, and Cities; Himself of an extraordinary Spirit; Was, nevertheless, not able, to suffice, and hold out, in person, to judge the People; But did, by the advice of jethro, approved from God, substitute Elders, and judges, how much more, other Kings, and Princess? There is a Third Reason, likewise, though not much to the present purpose; And that is; That Kings, either in respect of the Commonwealth, or of the Greatness of their own Patrimonies, are, usually, Parties in Suits; And then, their judges, stand indifferent, between Them, and the Subject. But in the Case of Bishops, none of these Reasons hold. For first, their Office is Elective, and for Life, and not Patrimonial, or Hereditary: An Office, merely of Confidence, Science, and Qualification: And for the Second Reason, it is true, that their jurisdiction, is Ample, and Spacious; And that their Time, is to be divided, between the Labours; As well, in the Word, and Doctrine, as in Government, and jurisdiction. But yet, I do not see, (supposing, the Bishop's Courts, to be used, incorruptly, and without any indirect course held, to multiply Causes for gain of Fees;) But that the Bishop, might very well, for Causes of Moment, supply, his judicial Function, in his own Person. For we see, before our Eyes, that one chancellor of England dispatcheth, the Suits in Equity, of the whole Kingdom; which is not so much, by reason, of the Excellency, of that Rare Honourable Person, which now holdeth the place; But it was ever so, though, more, or less, burdenous, to the Suitor, as the chancellor, was more, or less, able, to give dispatch. And if Hold be taken, of that which was said before, that the Bishop's Labour in the Word, must take up, a principal Part of his Time; so, I may say again, that Matters of State, have, ever, taken up, most of the Chancellers Time; Having been, for the most part, Persons, upon whom the Kings, of this Realm, have most relied, for Matters of Council. And therefore, there is no Doubt, but the Bishop, whose Circuit is less ample, and the Causes, in Nature, not so multiplying; with the Help, of References, and Certificates, to, and from, fit Persons, for the better Ripening of Causes, in their mean proceedings; And such ordinary Helps, incident to jurisdiction; May, very well, suffice his Office. But yet, there is another Help; For the Causes, that come before him, are these: Tithes; Legacies; Administrations, and other Testamentary Causes; Causes Matrimonial; Accusations against Ministers, tending to their Suspension, Deprivation, or Degrading; Simony; Incontinency; Heresy; Blasphemy; Breach of the Sabbath; And other, like Causes, of Scandal. The first two of these, in mine Opinion, differ from the Rest; That is, Tithes, and Testaments; For those, be Matters of profit, and, in their nature, Temporal; Though, by a Favour, and Connivance, of the Temporal jurisdiction, they have been allowed, and permitted, to the Courts Ecclesiastical: The one, to the end, the Clergy, might sue for that, that was their Sustentation, before their own judges; And the other, in a kind of Piety, and Religion, which was thought incident, to the performance, of Dead men's Wills. And surely, for these two, the Bishop, in mine opinion, may, with less danger, discharge himself, upon his Ordinary judges. And I think, likewise, it will fall out, that those Suits, are in the greatest number. But for the rest, which require a Spiritual Science, and Discretion, in respect of their Nature● or of the Scandal, it were reason, in mine Opinion, there were no Audience given, but by the Bishop Himself; He being also assisted, as was touched before: But it were necessary also, he were attended, by his chancellor, or some others, his Officers, being learned, in the Civil Laws; for his better Instruction, in Points, of Formality, or the Courses, of the Court: which if it were done, than were there less use, of the Officials Court; Whereof, there is now, so much Complaint. And Causes, of the Nature aforesaid, being only drawn, to the Audience, of the Bishop, it would repress, frivoulous, and Prowling Suits; And give, a Grave, and Incorrupt, Proceeding, to such Causes, as shall be fit, for the Court. There is a Third Point also, not of jurisdiction, but of Form of Proceeding, which may deserve Reformation. The rather, because it is contrary, to the Laws, and Customs, of this Land, and State; which, though they do not rule those Proceedings, yet may they be advised with, for better Directions; And that is, the Oath ex Officio; Whereby Men, are enforced, to accuse themselves; And that, that is more, are sworn unto Blancks, and not unto Accusations, and Charges declared. By the Law of England, no man is bound, to accuse himself. In the Highest Cases, of Treason, Torture is used, for Discovery, and not for Evidence. In Capital Matters, no Delinquents, Answer, upon Oath, is required; No, not permitted. In Criminal Matters, not Capital, handled in the Star-Chamber; And in Causes of Conscience, handled in the Chancery, for the most part, grounded, upon Trust, and Secrecy, the Oath of the Party, is required. But how? Where there is an Accusation, and an Accuser, which we call, Bills of Complaint; (From which the Complainant cannot vary; And, out of the Compass, of the which, the Defendant may not be examined,) Exhibited unto the Court, and, by Process, notified, unto the Defendant. But to examine a Man, upon Oath, out of the Insinuation of Fame; Or out, of Accusations, secret, and undeclared; Though it have, some Countenance, from the Civil Law; yet it is, so opposite, Ex Diametro, to the Sense, and Course, of the Common-Law, as it may well receive, some Limitation. Concerning the Liturgy, the Ceremonies, and Subscription. FOr the Liturgy, great Respect, and Heed, would be taken, lest, by inveighing against the Dumb Ministry, due Reverence, be not withdrawn, from the Liturgy. For though the Gift of Preaching, be far above that of Reading; Yet, the Action of the Liturgy, is as High, and Holy, as that of the Sermon. It is said; Domus mea Domus Orationis Vocabitur: The House of Prayer, Not the House of Preaching: And whereas the Apostle saith; How shall Men call upon him, on whom they have not believed? And how shall they believe, unless they hear? And how shall they hear, without a Preacher? It appeareth, that as Preaching is the more Original, so Prayer is the more Final: As the Difference is, between the Seed, and the Fruit; For the Keeping of God's Law, is the Fruit, of the Teaching, of the Law; And Prayer, or Invocation, or Divine Service, or Liturgy; (For these, be but Varieties, of Terms;) Is the Immediate Hallowing, of the Name of God; And the principal work, of the first Table; And, of the great Commandment, of the Love, of God. It is true, that the Preaching, of the Holy Word, of God, is the Sowing of the Seed; It is the Lifting up, of the Brazen Serpent; The Ministry of Faith; And the Ordinary Means, of Salvation; But yet, it is good, to take Example, how that the best Actions, of the Worship of God, may be extolled, excessively, and superstitiously. As the Extolling, of the Sacrament, bred the Superstition of the Mass; The Extolling of the Liturgy, and Prayers, bred the Superstition, of the Monastical Orders, and Orisons; And so, no doubt, Preaching likewise, may be magnified, and extolled, superstitiously; As if, all the whole Body, of God's Worship, should be turned into an Ear. So as none, (as I suppose,) of sound judgement, will derogate from the Liturgy, if the Form thereof, be, in all parts, agreeable, to the Word of God; The Example of the Primitive Church; And that holy Decency, which Saint Paul commendeth. And therefore, first, that there be a Set form of Prayer; And that, it be not lef●, either to an Extemporal Form, or to an Arbitrary Form. Secondly, that it consist, as well of Laudes, Hymns, and Thanksgivings, as of Petitions, Prayers, and Supplications. Thirdly, that the Form thereof be quickened, with some shortness, and Diversities, of Prayers, and Hymns, and with some Interchanges, of the Voice of the People, as well as of the Minister. Fourthly, that it adimit some Distinctions, of Times, and Commemorations, of God's principal Benefits, as well General, as particular. Fifthly, that Prayers, likewise, be appropriated, to several Necessities, and Occasions, of the Church. Sixthly, that there be a Form, likewise, of Words, and Liturgy, in the Administration of the Sacraments, and in the Denouncing of the Censures, of the Church, and other Holy Actions, and Solemnities: These things, I think, will not be much controverted. But for the Particular Exceptions, to the Liturgy, in form, as it now standeth; I think, divers, of them, allowing they were Just, yet seem they not to be Weighty; Otherwise, then that nothing ought to be accounted Light, in Matters of Religion, and Piety; As the Heathen himself could say; Etiam vultu sepè laedi●ur Pietas. That the word, (Priest,) should not be continued, especially with Offence, the word, (Minister,) being already made familiar. This may be said, that it is a good Rule in Translation, never to confound that in one word, in the Translation, which is precisely distinguished, in two words in the Original; for doubt of Equivocation, and Traducing. And therefore, seeing the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, be always distinguished, in the Original; And the one used for a Sacrificer, the orher for a Minister; The word, Priest, being made common to both, (whatsoever the Derivation be,) yet, in use, it confoundeth the Minister, with the Sacrificer. And for an Example, of this kind; I did ever allow, the Discretion, and Tenderness, of the Rhemish Translation, in this Point; That finding, in the Original, th' word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and never 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, do ever translate Charity, and never Love; Because of of the Indifferency, and Equivocation, of the word, with Impure Love. Touching the Absolution, it is not unworthy Consideration, whether it may not be thought, unproper, and unnecessary? For there are, but two sorts, of Absolution; Both supposing, an Obligation, precedent: The one, upon an Excommunication, which is Religious, and Primitive; The other, upon Confession, and Penance, which is Superstitious, or, at least, Positive; And both Particular, neither General. Therefore, since the one is taken away, and the other hath his proper case, what doth a general Absolution, wherein, there is neither Penance, nor Excommunication, precedent? For the Church, never looseth, but where the Church hath bound. And surely, I may think, This, at the first, was allowed, in a kind, of spiritual Discretion; Because the Church thought, the people, could not be suddenly weaned, from their Conceit of assoiling; To which they had been, so long accustomed. For Confirmation, to my understanding, the State of the Question is, whether it be not, a matter mistaken, and altered by Time; And whether, that be not now made, a Subsequent to Baptism, which was, indeed, an Inducement, to the Communion. For whereas in the Primitive Church, Children were examined of their Faith before they were admitted to the Communion, Time may seem to have turned it, to refer, as if it had been, to receive, a Confirmation of their Baptism. For Private Baptism, by Women, or Lay-people, the best Divines, do utterly condemn it; and I hear it not generally defended; And I have often marvailed, that where the Book, in the Preface, to Public Baptism, doth acknowledge, that Baptism, in the Practice, of the Primitive Church, was Anniversary, and but at certain Times; which showeth, that the Primitive Church, did not attribute, so much, to the Ceremony, as they would break an outward, and general, Order for it; The Book, should afterwards, allow of Private Baptism; As if the Ceremony, were of that Necessity, as the very Institutiou, which committed Baptism only to the Ministers, should be broken, in regard, of the supposed Necessity. And therefore this Point, of all others, I think, was, b●t a Concessum proper Duritiam Cordis. For the Form, of Celebrating Matrimony, the Ring seemeth to many, even of vulgar Sense, and Understanding, a Ceremony not Grave; Especially, to be made, (as the words make it,) the essential Part, of the Action? Besides, some other of the words, are noted, in Speech, to be, not so Decent, and Fit. For Music in Churches; That there should be Singing of Psalms, and Spiritual Songs, is not denied: So the Question is, de Modo; Wherein, if a Man, will look attentively, into the Order, and Observation, of it, it is easy to discern, between the Wisdom, of the Institution, and the Exercise of the late Times. For first, there are no Songs, or Verses, sung, by the Choir, which are not supposed, by continual use, to be so familiar with the People, as they have them without Book; Whereby, the Sound, hurteth not the Understonding; And those, which cannot read, upon the Book, are yet Partakers of the Sense, and may follow it with their mind. So again, after the Reading of the Word, it was thought fit, there should be, some pause, for Holy Meditation, before they proceeded, to the Rest, of the Service: Which Pause, was thought fit, to be filled, rather with some grave sound, then with a still silence; Which was the Reason, of the Playing upon the Organs, after the Scriptures read. All which was Decent, and tending to Edisicatirn. But then, the Curiosity of Division, and Reports, and other Figures of Music, have no Affinity, with the Reasonable Service of God, but were added, in the more pompous Times. For the Capp, and Surplice, since they be Things, in their Nature, indifferent; And yet, by some, held superstitious; And that the Question is, between Science, and Conscience; It seemeth to fall, within the Compass, of the Apostles Rule; Which is, That the stronger, do descend, and yield, to the Weaker. Only, the D●fference is, that it will be materially said, that the Rule holdeth, between Private Man, and Private Man, But not between the Conscience, if a Private Man, and the Order, of a Church. But yet since the Question, at this time, is of a Toleration; Not by Connivance, which may encourage Disobedience; But by Law, which may give ● Liberty; It is good, again, to be advised, whether it fall not, within the Equity, of the Former Rule: The rather, because the Silencing of Ministers, by this Occasion, is, in this scarcity of good preacher●, a punishment, that lighteth upon the People, as well as upon the Party. And for the Subscription, it seemeth to me, in the Nature of a Confession; And therefore, more proper● to bind, in the Unity of Faith; And to be urged, rather, for Articles of Doctrine, then for Rites, and Ceremonies, and Points of outward Government. For howsoever, Politic Considerations, and Reasons of State, may require Uniformity, yet Christian, and Divine Grounds, look, chiefly, upon Unity. Touching a Preaching Ministry. TO speak of a Learned Ministry; It is true, that the Worthiness, of the Pastors, & Ministers, is, of all other points of Religion, the most Summary; I do not say, the Greatest, but the most Effectual, towards the rest: But herein to my Understanding, while Men, go on, in Zeal, to hasten this work, they are not aware, of as great, or greater Inconvenience, then that, which they seek to remove. For while, they in veigh, against a Dumb Ministry, they make, too easy, and too promiscous, an Allowance of such, as they account Preachers; Having not Respect enough, to their Learnings, in other Arts, which are Handmaids, to Divinity; Not Respect enough, to Years, except it be, in Case, of Extraordinary Gift; Not Respect enough, to the Gift itself, which, many Times, is none at all. For God forbid, that every Man, that can take unto himself Boldness, to speak an Hour together, in a Church upon a Text, should be admitted for a Preacher, though he mean never so well. I know, there is a great Latitude, in Gifts; And a great Variety in Auditories, and Congregations; But yet so, as there is, Aliquid Infimum, below which, you ought not to descend. For you must, rather, leave the Ark, to shake, as it shall please God, then put, unworthy Hands, to hold it up: And when we are, in God's Temple, we are warned, rather, to put our Hands, upon our Mouth, then to offer, the Sacrifice, of Fools. And surely, it may be justly thought, that amongst many Causes of Atheism; which are miserably met in our Age; As Schisms, and Controversies; Profane Scoffing, in Holy Matters; and others; It is not the least, that divers do adventure, to handle the Word of God, which are unfit, and unworthy. And herein, I would have, no man, mistake me, as if I did extol, curious, and affected, Preaching; which is, as much, on the other side, to be disliked; And breedeth Atheism, and Scandal, as well as the other; (For who, would not be offended, at one, that cometh into the Pulpit, as if he came upon the Stage, to play Parts, or Prizes?) Neither, on the other side, as if I would discourage any, who hath any tolerable Gift. But upon this Point, I ground three Considerations: First, whether it were not requisite, to renew, that good Exercise, which was practised, in this Church, some years; And afterwards, put down, by order, indeed, from the Church; In regard, of some Abuse thereof; Inconvenient, for those Times; And yet, against the Advice, and Opinion, of one, of the Greatest, and Gravest, Prelates, of this Land; And was commonly called Prophesying. Which was this; That the Ministers, within a Precinct, did meet, upon a week day, in some principal Town; where there was, some ancient, Grand Minister, that was Precedent; And an Auditory, admitted, of Gentlemen, or other Persons of Leisure. Then every Minister, successively, beginning with the youngest, did handle one, and the same part, of Scripture, spending, severally, some Quarter of an Hour, or better, And, in the whole, some two Hours: And so, the Exercise, being begun, and concluded, with Prayer; And the Precedent, giving a Text, for the next meeting, the Assembly was dissolved. And this was, as I take it, a Forthnights' Exercise: which in my Opinion, was the best way, to frame, and train, up Preachers, to handle the Word of God, as it ought to be handled, that hath been practised. For we see, Orators, have their Declamations; Lawyers, have their Moots; Logicians their Sophems; And every practice of Science, hath an Exercise of Erudition, and initiation, before Men come to the Life; Only Preaching, which is the worthiest; And wherein it is most danger to be amiss; Wanteth an Introduction, and is ventured, and rushed upon, at the first: But unto this Exercise of the Prophecy, I would wish, these two Additions; The one, that after this Exercise, which is, in some sort, Public, there were, immediately, a Private Meeting, of the same Ministers; Where they might, brotherly admonish, the one, the other; And specially the elder sort, the younger, of any Thing, that had passed, in the Exercise, in Matter, or Manner, unsound, and uncomely; And, in a word, might, mutually, use such Advise, Instruction, Comfort, or Encouragement, as Occasion might minister; For public Reprehension, were to be debarred. The other Addition, that I mean, is, That the same Exercise, were used in the Universities, for young Divines, before they presumed to Preach, as well, as in the Country, for Ministers. For they have, in some Colleges, an Exercise, called a Common Place; Which can, in no Degree, be so profitable, being but the Speech, of one Man, at one time. And if it be feared, that it may be Occasion, to whet men's Speeches, for Controversies, it is easily remedied, by some strict Prohibition, that Matters of Controversy, tending, any way, to the violating, or Disquieting, the Peace of the Church, be not handled or entered into; Which Prohibition, in regard, there is ever to be, a Grave person, Precedent, or Moderator, cannot be frustrate. The second Consideration is, whether it were not convenient, there should be a more exact Probation, and Examination, of Ministers; Namely, that the Bishops, do not ordain alone, but by Advise; And then, that Ancient, Holy Orders of the Church might be revived: By the which, the Bishop did ordain Ministers, but at four set times, of the year; which were called, Quatuor Tempora; which, are, now, called Ember-weeks; It being thought fit, to accompany, so High an Action, with general Fasting, and Prayer, and Sermons, and all Holy Exercises; And the Names, likewise, of those, that were to be Ordained, were published, some days, before their Ordination; To the end, Exceptions might be taken, if just Cause were. The Third Consideration, is, that if the Case of the Church of England be, that where a Computation is taken, of all the Parochian Churches, (allowing the Union of such, as were too small, and adjacent;) And again, a Computation, to be taken, of the persons, who are worthy to be Pastors; And, upon the said Account, if it fall out, that there are many more Churches, than Pastors; Then of Necessity, Recourse must be had, to one of these Remedies; Either, that Pluralities, must be allowed; (specially, if you can by permutation, make the Benefices more compatible:) Or that there be Allowed Preachers, to have a more general Charge, to supply, and serve, by turn, Parishes unfurnished: For that some Churches, should be provided, of Pastors, able to teach; and others wholly Destitute, seemeth, to me, to be against the Communion of Saints, and Christians; And against the Practice, of the Primitive Church. Touching the Abuse, of Excommunication. EXcommunication, is the greatest judgement, upon Earth; Being that, which is ratified in Heaven; And being, a Precursory, or Prelusory judgement, of the great judgement, of Christ, in the End of the World. And therefore, for this, to be used unreverently, and to be made, an Ordinary Process, to lackey up and down, for Fees, how can it be, without Derogation, to God's Honour, and making, the power of the Keys, contemptible? I know, very well, the Defence thereof, which hath no great Force; That it issueth forth, not for the Thing itself, but for the Contumacy. I do not deny, but this judgement is, (as I said before,) of the Nature, of God's judgements, of the which, it is a Model. For, as the judgement of God, taketh hold, upon the least sin, of the Impenitent; And taketh no hold, of the greatest Sin of the Convert, or Penitent: So Excommunication, may, in case, issue, upon the smallest Offence; And, in Case, not issue, upon the greatest: But is this Contumacy, such a Contumacy, as Excommunication is now used for? For the Contumacy, must be such, as the Party, (as far, as the Eye, and Wisdom, of the Church, can discern,) standeth in State, of Reprobation, and Damnation: As one, that for that time, seemeth given over, to Final Impenitency. Upon this Observation, I ground two Considerations: The one, that this Censure, be restored, to the true Dignity, and Use, thereof; which is, that it proceed not, but in Causes, of great weight; And that it be decreed, not by any Deputy, or Substitute, of the Bishop, but by the Bishop, in Person; And not by him alone, but by the Bishop Assisted. The other Consideration, is, That in lieu, thereof, there be given, to the Ecclesiastical Court, some ordinary Process, with such Force, and Coercion, as appertaineth; That so the Dignity, of so high a Sentence, being, retained, and the Necessity, of Mean Process supplied, the Church, may be, indeed, restored, to the Ancient Vigour, and Splendour. To this purpose, joined with some other Holy, and Good, purposes, was there a Bill, drawn in Parliament, in the Three and Twentieth Year, of the Reign, of the Queen deceased; (which was the Gravest Parliament, that I have known; And the Bill, recommended, by the gravest, Counsellor of Estate, in Parliament; Though afterwards, it was stayed, by the Queens, special Commandment, the Nature of those Things considered. Touching, non-resident, And PLURALITIES. FOR Nonresidence, except it be, in Case of necessary Absence, it seemeth, an Abuse, drawn out of Covetousness, and Sloth: For that Men, should Live of the ●lock, that they do not Feed; Or of the Altar, at which they do not Serve; Is a Thing, that can hardly receive, just Defence. And to Exercise, the Office, of a Pastor, in Matter of the Word, and Doctrine, by Deputies; Is a Thing not warranted, as hath been touched before. The Questions upon this Point, do arise, upon the Cases of Exception, and Excusation; Which shall be thought Reasonable, and Sufficient; And which not. For the Case of Chaplains, let me speak that with your Majesty's pardon, and with Reverence, towards the other Pe●res, and Grave Persons, whose Chaplains, by Statutes, are privileged: I should think, that the Attendance● which Chaplains give, to your Majesty's Court, and in the H●●ses, & Families, of their Lords, were a juster Reason, why they should have no Benefice, then why, they should be qualified, to have Two: For, as it standeth, with Christian Policy, that such Attendance, be, in no wise, neglected; Because that good, which ensueth thereof, to the Church of God, may exceed, or countervail, that, which may follow of their Labours, in any, though never so large, a Congregation; So it were reasonable, that their Maintenance should Honourably, and Liberally, proceed thence, whence their Labours be employed. Neither, are there wanting, in the Church, Dignities, and Preferments, not joined, with any exact Cure of Souls; By which, and by the Hope of which, such Attendants in Ordinary, (who ought to be, as for the most part they are, of the best Gifts, and Sort,) may be, further, encouraged, and rewarded. And as for Extraordinary Attendants, they may, very well, retain the Grace, and Countenance, of their places, and Duties, at times incident thereunto, without Discontinuance, or Nonresidence, in their Pastoral Charges. Next, for the Ca●e, of intending, Studies in the Universities, it will, more easily, receive an Answer; For Studies, do but serve, and tend, to the Practice, of those Studies; A●d therefore, for that, which is most Principal, and Final, to be left undone, for the Attending, of that, which is Subservient, and Subministrant, seemeth to be, against proportion, of Reason. Neither do I see, but that, they proceed right well, in all Knowledge, which do couple Study, with their Practice; And do not first Study altogether, and then Practise altogether; And therefore, they may, very well, Study, at their Benefices. Thirdly, for the Case, of Extraordinary Service of the Church; As if some Pastor, be sent, to a General Council; Or here, to a Convocation; And likewise, for the Case of Necessity, as in the particular, of Infirmity of Body, and the like; No man will contradict, but there may be, some Substitution, for such a Time. But the General Case, of Necessity, is the Case of Pluralities; the Want of Pastors, and Insufficiency, of Livings, considered, Posito, that a Man, doth, faithfully, and incessantly, divide, his Labours, between two Cures; Which kind of Necessity, I come now, to speak of, in the Handling, of Pluralities. For Pluralities, in Case, the Number, of Able Ministers, were sufficient, and the Value of Benefices were sufficient, than Pluralities, were, in no sort, tolerable. But we must take heed, we desire not Contraries. For to desire, that every Parish, should be furnished, with a sufficient Preacher; And to desire, that Pluralities, be, forthwith, taken away, is to desire Things contrary; Considering, De Facto, there are not, Sufficient Preachers, for every Parish: Whereto add likewise, that there is not, Sufficient Living, and Maintenance, in many Parishes, to maintain a Preacher; And it maketh, the Impossibility, yet much the greater. The Remedies, in Rerum Naturâ, are but Three; Union, Permutation, and Supply. Union, of such Benefices, as have the Living, too small, and the Parish not too great, and are Adjacent. Permutation, to make Benefices more compatible, though men be over ruled, to some loss, in changing a Better, for a Nearer. Supply, by Stipendiary Preachers, to be rewarded, with some Liberal Stipends, to supply, as they may, such places, which are unfurnished, of sufficient Pastors. As Queen Elizabeth, amongst other, her Gracious Acts, did erect, certain of them, in Lancashire; Towards which Pensions, I see no reason, but Reading Ministers, if they have rich Benefices, should be charged. Touching the Provision, for sufficient Maintenance, in the Church. TOuching Church Maintenance, it is well to be weighed, what is, jure Divino, and what, jure Positivo. It is a Constitution, of the Divine Law, from which humane Laws, cannot derogate; That those, which feed the flock, should live of the Flock; That those, that serve, at the Altar, should live of the Altar; That those, which dispense spiritual things, should Reap Temporal Things; Of which, it is also an Appendix, that the Proportion, of this Maintenance, be not small, or necessitous, but Plentiful, and Liberal. So then, that all the Places, and Offices, of the Church, be provided, of such a Dotation, that they may be maintained, according to their several Degrees, is a Constitution, permanent, and perpetual: But for particularity, of the Endowment, whether it should consist of ●ithes, or Lands, or Pensions, or Mixed, might make a Question, of Convenience, but no Question, of precise Necessity. Again, that the Case, of the Church, de facto, is such, that there is want, in the Church, of Patrimony, is confessed. For the Principal Places, namely, the Bishops Livings, are, in some particulars, not sufficient; And therefore, enforced, to be supplied, by Toleration of Commendams, Things, of themselves, unfit, and ever held of no good Report. And as for the Benefices, and Pastors Places, it is manifest, that very many of them, are very weak, and penurious. On the other side, that there was a Time, when the Church, was rather burdened, with Superfluity, then with Lack, that is likewise apparent; But it is long since; So as the Fault, was in others, the Want redoundeth unto us. Again, that it were to be wished, that Impropriations, were returned to the Church, as the most Proper, and Natural, Endowments thereof, is a Thing likewise, wherein men's Judgements, will not much vary. Nevertheless, that it is an Impossibility, to proceed now, either to their Resumption, or Redemption, is as plain on the other side. For Men are stated in them, by the Highest Assurance, of the Kingdom, which is, Act of Parliament; And the value of them, amounteth, much above ten Subsidies: And the Restitution must, of Necessity, pass their Hands, in whose Hands they now are, in possession, or Interest. But of these things, which are manifestly true, to infer, and ground, some Conclu●ions. First, in mine own Opinion, and Sense, I must confess, (let me speak it with Reverence,) that all the Parliaments, since 27ᵒ. and 31ᵒ. of H. 8. (who gave away Impropriations, from the Church,) seem to me, to stand, in a sort, obnoxious, and obliged, to God, in Conscience, to do somewhat for the Church; To reduce the Patrimony thereof, to a Competency. For since, they have debarred, Christ's Wife, of a great part, of her Dowry, it were Reason, they made her, a competent jointure. Next to say, that Impropriations, should be only charged; That carrieth, neither Possibility, nor Reason. Not Possibility, for the Reasons touched before: Not Reason, because, if it be conceived, that if any other Person be charged, it should be a Re-charge, or Double-charge, in as much, as he payeth Tithes, already, that is a Thing mistaken. For it must be remembered, that as the Realm, gave Tithes, to the Church; So the Realm, since again, hath given Tithes, away from the Church, unto the King: As they may give their 8th Sheaf, or Ninth Sheaf. And therefore, the fi●st Gift, being evacuated, it cannot go, in defeasance, or discharge, of that perpetual Bond, wherewith Men are bound, to maintain God's Ministers. And so, we see, in Example, that divers Godly, and well Disposed, People, not Impropriatours, are content, to increase, their Preachers Livings; which, though in Law, it be but a Benevolence, yet, before God, it is a Conscience. Further, that Impropriations, should not be, somewhat, more deeply, charged, than other Revenues, of like value, me thinks, cannot well be denied; Both, in regard, of the Ancient claim of the Church; And the Intention, of the first Giver; And again, because they have passed, in valuation, between Man and Man, somewhat, at the less rate, in regard, of the said pretence, or Claim, of the Church, in Conscience, before God. But of this Point, touching Church-Maintenance, I do not think fit, to enter into further Particularity, but reserve the same, to a fitter Time. Thus have I, in all Humbleness, and Sincerity of Heart, to the best of my understanding, given your Majesty, Tribute, of my Cares, and Cogitations, in this Holy Business; So highly tending to God's Glory, your Majesty's Honour, and the Peace, and Welfare, of your States. Insomuch, as I am persuaded, that the Papists themselves, should not need, so much, the Severity of Penal Laws, if the Sword of the Spirit, were better edged, by strengthening the Authority, and suppressing the Abuses, in the Church. To conclude, renewing my most Humble Submission, of all that I have said, to your Majesties, most High Wisdom; And again, most humbly, craving pardon, for any Errors, committed in this Writing; which, the same weakness, of Judgement, that suffered me to commit them, would not suffer me to discover them; I end, with my Devout, and Fervent, Prayer to God; That, as he hath, made your Majesty, the Cornerstone, in joining, your two King●domes; So you may be also, as a Cornerstone, to unite, and knit together, these Differences, in the Church, of God; To whose Heavenly Grace, and never erring, Direction, I commend your Majesty's Sacred Person, and all your Doings. CERTAIN CONSIDERATIONS, TOUCHING THE PLANTATION IN IRELAND PRESENTED TO His Majesty, 1606, IT seemeth God, hath reserved, to your Majesty's Times, two Works; which amongst the Works of Kings, have the supreme Pre-eminence; The Union, and Plantation, of Kingdoms. For although it be a great Fortune, for a King, to deliver, or recover, his Kingdom, from long continued Calamities; yet, in the Judgement of those, that have distinguished, of the Degrees, of Sovereign Honour; To be a Founder, of Estates, or Kingdoms, excelleth all the rest? For, as in Arts, and Sciences, to be the first Inventor, is more, then to Illustrate, or Amplify: And as, in the Works of God, the Creation, is greater, than the Preservation; And as, in the Works of Nature, the Birth, and Nativity, is more than the Continuance: So in Kingdoms, the first Foundation, or Plantation, is of more Noble Dignity, and Merit, than all that followeth. Of which Foundations, there being but two Kind's; The first that maketh One of More; And the Second, that maketh, One of None; The Latter, resembling, the Creation of the World, which was, De Nihilo ad Quid; And the Former, the Edification of the Church, which was the Multiplici ad Simplex, vel ad unum: It hath pleased the Divine Providence, in singular Favour to your Majesty, to put, both these Kind's of Foundations, or Regenerations, into your Hand; The one, in the Union, of the Island, of Britain; The other, in the Plantation of Great and Noble Parts, of the Island, of Ireland: Which Enterprises, being once happily accomplished; Then that, which was uttered, by One of the Best Orators, in one of the Worst verses; O fortunatam natam me Consul Romam: May be, far more truly, and properly, applied to your Majesty's Act: Natam te Rege Britanniam; Natam Hiberniam. For He spoke, unproperly, of Deliverance, and Preservation; But, in these Acts of yours, it may be verified, more naturally. For indeed, Unions, and Plantations, are the very Nativities, or Birthdays of Kingdoms. Wherein, likewise, your Majesty hath yet a Fortune extraordinary, and Differing, from former Examples, in the same Kind. For most Part of Unions, and Plantations, of Kingdoms, have been founded, in the ●ffusion of Blood; But your Majesty shall build, in Solo puro, & in Areâ purâ, that shall need no Sacrifices Expiatory, ●or Blood; And therefore, (no doubt,) under a Higher, and more Assured, Blessing. Wherefore, as I adventured, when I was less known, and less particularly bound, to your Majesty, than since, by your undeserved Favour, I have been, to write somewhat touching the Union; which your Majesty was pleased to accept; And which since, I have, to my power, seconded by my Travels; Not only, in Discourse, but in Action: So I am, thereby, encouraged, to do the like, touching this Matter of Plantation; Hoping, that your Majesty, will, through the weakness of my Ability, discern the strength of my Affection; And the Honest, and fervent, Desire I have, to see your Majesty's Person, Name, and Times, Blessed, and Exalted, above those, of your Royal progenitors. And I was, the rather, invited this to do, by the Remembrance, that when the Lord chief justice, deceased, Popham, served in the place, wherein I now serve; And afterwards, in the Attorneys Place, he laboured greatly, in the last Project, touching the Plantation of Munster. Which nevertheless, as it seemeth, hath given more light, by the Errors thereof, what to Avoid; Then, by the Direction of the same, what to Follow. First therefore, I will speak somewhat, of the Excellency of the Work; And then, of the Means to compass, and effect it. For the Excellency of the Work, I will divide it, into four Noble, and Worthy, Consequences, that will follow thereupon. The First of the four, is Honour; whereof I have spoken enough already, were it not, that the Harp of Ireland, puts me in mind, of that Glorious Emblem, or Allegory, wherein the wisdom of Antiquity, did figure, and shadow out, works of this Nature. For the Poets feigned, that Orpheus by the virtue, and sweetness, of his Harp, did call, and assemble, the Beasts, and Birds, of their Nature, wild, and savage, to stand about him, as in a Theatre; Forgetting their Affections, of Fierceceness, of Lust, and of Prey; and listening to the Tunes, and Harmonies, of the Harp: and soon after, called likewise the Stones, and the Woods, to remove, and stand in order about him: which Fable, was anciently interpreted, of the Reducing, and Plantation, of Kingdoms; when People of Barbarous Manners, are brought, to give over, and discontinue, their Customs, of Revenge, and Blood, and of dissolute Life, and of Theft, and of Rapine; And to give Ear, to the wisdom of Laws, and Governments, whereupon, immediately followeth, the Calling of Stones, for Building, and Habitation; and of Trees, for the seats of Houses, Orchards, and Enclosures, and the like. This Work, therefore, of all other, most Memorable, and Honourable, your Majesty hath now in Hand; specially, if your Majesty join, the Harp of David, in casting out, the Evil Spirit, of Superstition; with the Harp of Orpheus, in casting out Desolation, and Barbarism. The second Consequence, of this Enterprise, is the Avoiding, of an Inconvenience, which commonly attendeth upon Happy Times, and is an evil effect, of a good Cause. The Revolution of this present Age, seemeth to incline to Peace, almost generally in these Parts; And your Majesties, most Christian, and virtuous, affections, do promise the same, more specially, to these your Kingdoms. An effect, of Peace, in Fruitful Kingdoms, (where the stock of People, receiving no Consumption, nor Diminution, by war, doth continually multiply, and increase;) must, in the end, be a Surcharge, or Overflow of People, more than the Territories can well maintain; Which, many times, insinuating a general Necessity, and want of Means, into all estates; Doth turn, external Peace, into Internal Troubles, and Seditions. Now what an excellent Diversion, of this Inconvenience, is ministered, by God's Providence, to your Majesty, in this Plantation of Ireland? wherein, so many Families, may receive, Sustentations, and Fortunes; And the Discharge of them, also, out of England, and Scotland, may prevent many Seeds of Future perturbations? So that it is, as if a Man were troubled, for the Avoidance of water, from the place, where he hath built his House; And afterwards, should advise with himself, to cast those waters, and to turn them, into Fair Pools, or Streams, for pleasure, provision, or use. So shall your Majesty, in this Work, have a double Commodity; In the Avoidance of People here, and in Making use of them there. The third Consequence, is the great Safety, that is like to grow, to your Majesty's Estate, in general, by this Act; In discomfiting all Hostile Attempts of Foreigners; which the Weakness of that Kingdom, hath heretofore invited: Wherein, I shall not need, to fetch Reasons, afar off, either for the general, or particular. For the general, because nothing is more evident, then that, which one of the Romans, said of Peloponnesus; Testudo intra tegumen tuta est. The Tortoise is safe within her shell: But, if she put forth, any part of her Body, than it endangereth, not only the part that is so put forth, but all the Rest. And so, we see in Armour, if any part be left naked, it puts in hazard the whole Person. And, in the Natural Body of Man, if there be any weak, or Affected, part, it is enough, to draw Rheums, or Malign Humours unto it, to the Interruption, of the Health, of the whole Body. And for the Particular, the Example is too Fresh, that the indisposition of that Kingdom, hath been a conti●●al Attractive, of Troubles, and Infestations, upon this Estate; and though your Majesty's Greatness, doth, in some sort, discharge this Fear, yet with your increase of Power, it cannot be, but Envy is likewise increased. The fourth, and last Consequence, is the great Profit, and Strength, which is like to redound, to your Crown, by the working, upon this unpolished Part thereof: Whereof, your Majesty, (being in the strength of your years,) are like, by the good pleasure of Almighty God, to receive, more than the First Fruits; And your Posterity, a growing, and Springing Vein of Riches, and Power. For this Island, being another Britain; As Britain was said, to be another World; Is endowed, with so many Dowries of Nature, (considering the Fruitfulness of the Soil, the Ports, the Rivers, the Fishings, the Quarries, the Woods, and other Materials; And specially, the Race, and Generation of Men, valiant, hard, and active●) As it is not easy, no not upon the Continent, to find, such Confluence of Commodities, if the Hand of Man, did join with the Hand of Nature. So then for the Excel●lency, of the work, in point of Honour, Policy, Safety, and Utility, here I cease. For the Means, to effect this Work; I know your Majesty shall not want, the Information of Persons expert, and industrious, which have served you there, and know the Region: Nor the Advise, of a Grave, and Prudent Counsel, here; which know the Pulses, of the Hearts, of People, and the ways, and Passages, of conducting great Actions: Besides that, which is ab●ve all; which is, that Fountain, of Wisdom, and Universality, which is in yourself: yet notwithstanding, in a thing, of so public a Nature, it is not amiss, for your Majesty, to hear variety of Opinion. For as Demosthenes saith well; The good Fortune, of a Prince, or State, doth, sometimes, put a good Motion, into a Fool's Mouth. I do think therefore, the Means, of accomplishing this Work consisteth of two principal Parts. The first, the Invitation, and Encouragement, of Undertakers: The second, the Order, and Policy of the Project, itself. For as in all Engines of the Hand, there is somewhat, that giveth the Motion and Force, and the rest, serveth to guide, and govern, the same: So it is in these Enterprises, or Engines, of Estate. As for the former of these, there is no doubt, but next unto the Providence, and ●inger of God, which writeth these Virtuous, and Excellent, Desires, in the Tables, of your Majesty's Heart, your Authority, and Affection, is Primus Motor, in this Cause: And therefore, the more strongly, and fully, your Majesty shall declare yourself in it, the more shall you quicken, and animate, the whole proceeding. For this is is an Action, which as the worthiness of it, doth bear it, so the Nature of it requireth it, to be carried in some Height of Reputation; And fit, in mine Opinion, for Pulpits, and Parliaments, and all places, to ring, and resound of it. For that, which may seem Vanity, in some Things; (I mean, Matter of Fame;) is of great efficacy, in this Case. But now, let me descend, to the inferior Spheres, and speak, what Cooperation, in the Subjects, or undertakers, may be rai●sed, and kindled, and by what Means. Therefore, to take plain Grounds, which are the surest; All Men are drawn into Actions, by three Things, Pleasure, Honour, and Profit. But before I pursue the three Motives, it is fit, in this place, to interlace, a word, or two, of the Quality, of the Undertakers; wherein my Opinion simply is, that if your Majesty, shall make these Portions of Land, which are to be Planted, as Rewards, or as Suits, or as Fortunes● for those, that are in want; And are likest to seek after them; That they will not be able, to go through, with the Charge, of good substantial Plantations; But will Desicere, in Opere medio; And then, this Work will succeed, as Tacitus saith; Acribus i●i●i●s, Fine incurioso. So that, this must rather be an Adventure, f●r such as are full; Then a setting up, of those, that are low of Means; For those Men, are fit, indeed, to perform these Undertake; Which were fit, to purchase dry Reversions, after Lives, or years; Or such, as were fit, to put out Money, upon long Returns. I do not say, but that I think, the Undertakers themselves, will be glad to have some Captains, or Men of Service, intermixed among them, for their safety; But I speak, of the Generality of Undertakers; which, I wish, were Men of Estate, and Plenty. Now therefore, it followeth well to speak, of the aforesaid three Motives: For it will appear the more, how necessary it is, to allure, by all means, Undertakers; Since those Men, will be least ●it, which are like to be, most in Appetite, of themselves; And those most fit, which are like, lest to desire it. First therefore, for Pleasure, in this Region or Tract of Soil, there is no Warm Winters, nor Orange Trees, nor strange Beasts, or Birds, or other Points of Curiosity, or Pleasure, as there are in the Indies, ●nd the like; So as, there can be found, no Foundation, made upon Mat●er of Pleasure, otherwise, then that the very Desire of Novel●y, and Experiment, in some stirring Natures, may work somewhat; And therefore, it is the other two Points, of Honour, and Profit, whereupon we are wholly to r●st. For Honour, or Countenance, if I shall mention to your Majesty, whether, in wisdom, you shall think convenient, the better to express your Affection to the Enterprise, and for a Pledge there of, to add ●he Earldom of Ulster, to the Prince's Titles; I shall, but learn it, out of the practice, of King Edward the First; Who first used the like course, as a mean, the better to restrain, the country of Wales: And, I take it, the Prince of Spain, hath the Addition, of a Province, in the Kingdom of Naples; And other Precedents, I think, there are, and it is like, to put more life, and Encouragement, into the Undertakers. Also, considering the large Territories, which are to be Planted, it is not unlike, your Majesty will think, of raising some Nobili●y there; which, if it be done merely, upon new Titles, of Dignity, having no manner of Reference to the Old; And if it be done also, without putting, to many Portions, into one Hand; And lastly, if it be done, without any great Franchises, or Commands; I do not see, any Peril, can ensue thereof: As, on the other side, it may draw some Persons, of great Estate, and Means, into the Action, ●o the great Furtherance, and Supply, of the charges ●hereof. And lastly, for Knighthood, to such Persons, as have not attained it; Or otherwise, Knighthood, with some new Difference, and Precedence; It may, no doubt, work with Many. And if any Man think, that these Things, which I propound, are Aliquid nimis, for the proportion, of this Action; I confess, plainly, that if your Majesty, will have it, really, and effectually, performed; My Opinion is, you cannot bestow too much Sunshine upon it. For Lunae Radiis non maturescit Botrus. Thus much for Honour. For Pr●●it, it will consist in Three parts: Fi●st, the ●asie Rates, that your Majesty, shall be pleased, to give, the Undertakers of the Land, they shall receive. Secondly, the Liberties, which you may be pleased, to con●er ●pon them. When I speak of Liberties, I mean not, Libert●es of ●urisdiction; As Counties palatine, or the like; (which it seemeth, hath been the Error, of the ancient Donations, and Pla●tations, in that Country;) But I mean, only Liberties, tending to Commodity: As Liberty, to transport, any of the Commodities, growing upon the Country, new Planted; Liberty to Import, from hence, all Things, appertaining to their necessary use, Custom free; Liberty, to take Timber, or other Materials, in your Majesty's Woods, there, and the like. The Third is, Ease of Charge; That the whole Mass, of Charge, doth not rest, upon the Private Purse, of the Undertakers. For the Two Former of these, I will pass them over; because, in the Project, which with good diligence, and providence, hath been presented to your Majesty● by your Ministers of that Kingdom, they are, in my Opinion, well handled. For the Third, I will never despair, but that the Parliament, of England, if it may perceive, that this Action, is not a Flash, but a Solid, and Settled pursuit, will give aid, to a Work, so Religious, so Politic, and so Profitable. And the Distribution of Charge, (if it be observed,) falleth, naturally, into Three Kinds of Charge; And every, of those Charge●, respectively, aught to have, his proper Fountain, and Issue. For as, there proceedeth, from your Majesty's Royal Boun●y, and Munificence, the Gift of the Land, And the other Materials; Together with the Endowment of Liberties; And as the Charge, which is Private; As Building of Houses, St●cking of Grounds, Victual, and the like, is to rest upon the Particular Undertakers; So whatsoever is Public; As Building of Churches, Walling of Towns, Town-Houses, Bridges, Cawsies, or Highways, and the like; Ought not, so properly, to lie upon particular Persons, but to come, from the Public Estate, of this, Kingdom; To which, this Work, is like to return, so great an Addition, of Glory, Strength, and Commodity. For the Project itself, I shall need to speak the less, in regard, it is so considerately digested already, for the County of Tyrone; And Therefore, my Labour shall be, but in those Things, wherein, I shall either Add to, or Dissent from, that which is set down; Which will include, Five Points, or Articles. First, ●hey mention a Commission, for this Plantation; Which, of all Things, is most necessary, both to Direct, and Appease, Controversies, and the like. To this I add Two Propositions. The one, that which, perhaps, is meant, though not expressed; That the Commissioners, should, for certain times, reside, and abide, in some Habitable Town, of Ireland, near in Distance, to the Country, where the Plantation shall be; To the end; Both that they may be more at Hand, for the Execution of the Parts, of their Commission; And withal, it is like, by drawing of Concourse of People, and Trades Men, to such Towns, it will be some Help, and Commodity, to the Undertakers, for Things, they shall stand in need of. And likewise, it will be a more safe place of Receipt, and Store, wherein to Unlade, and Deposite, such Provisions, as are after to be employed. The Second is, that your Majesty, would make a Correspondency, between the Commission there, and a Council of Plantation, here. Wherein I warrant, myself, by the Precedent, of the like Council, of Plantation, for Virginia; An enterprise, in my Opinion, differing as much from this, as Amadis de Gaul, differs from Caesar's Commentaries. But when I speak of a Council of Plantation● I mean, some Persons, chosen, by way of Reference; Upon whom the Labour, may rest; To prepare, and report, Things, to the Council of Estate, here, that concern that Business. For although, your Majesty, have a grave, and sufficient, Council in I●eland: From whom, and upon whom, the Commissioners, are to have Assistance, and Dependence; yet that supplies not the Purpose, whereof I speak. For considering, that upon the Advertisements, as well of the Commissioners, as of the Council of Ireland, itself; There will be many Occasions, to crave Directions, from your Majesty, and your Privy Council here, which are busied with a world of Affairs; It cannot but give greater Expedition, and some better Perfection, unto some Directions, and Resolutious; If the Matters, may be considered of afore hand, by such, as may have a continual Care, of the Cause. And it will be, likewise, a Comfort, and Satisfaction, to some Principal Undertakers, if they may be admitted of that Council. Secondly, there is a Clause, wherein the Undertakers, are restrained, that they shall execute the Plantation, in Person; from which I must descent, if I will consent, with the Grounds, I have already taken. For it is not probable, that Men, of great Means, and Plentiful Estates, will endure the Travail, Diseasements, and Adventures, of going thither in Person; But rather, I suppose, Many will undertake Portions, as an Advancement, for their Younger Children, or Kinsfolks; Or for the Sweetness, of the Expectation, of a great Bargain, in the end, when it is overcome. And therefore, it is like, they will employ Sons, Kinsfolks, Servants, or Tenants; And yet be glad, to have the Estate, in themselves. And, it may be, some again, will join their Purses, together; And make, as it were, a Partner-ship, or joynt-adventure; And yet man forth, some one Person, by consent, for the Executing of the Plantation. Thirdly, there is a Main Point, wherein, I fear, the Project, made, hath two much of the Line, and Compass; And will not be, so natural, and easy, to Execute; Nor yet, so Politic, and Convenient: And that is, that the Buildings, should be, Sparsim, upon every Portion; And the Castle, or Principal House, should draw the Tenements, and Farms about it, as it were into Villages, Hamlets, or ●ndships; And that there should be, only, Four Corporate Towns, for the Artificers, and Tradesmen. My Opinion is, that the Building, be altogether in Towns, to be compounded, as well of Husbandries, as of Arts. My Reasons are. First, when Men come into a Country, Vast, and Void of all Things necessary, for the use of Man's Life; If they set up together, in a Place, one of them, will the better supply, the wants of another Work Folkes of all sorts, will be the more continually on work, without Loss of Time; When, if Work fail in one Place, they may have it fast by; The Wages will be ma●e, more passable, for Carriages, to those Seats, or Towns, than they can be, to a Number of dispersed, Solitary, Places; And infinite other, helps, and Easements, scarcely to be comprehended, in Cogitation, will ensue, in Vicinity, and Society of People; Whereas, if they build scattered, (as is projected,) Every Man, must have a Cornucopia, in himself, for all Things he must use; Which cannot but breed, much Difficulty, and no less Waste. Secondly, it will draw out, of the Inhabited Country, of Ireland, Provisions, and Victuals, and many necessaries, because they shall be sure of Utterance; Whereas, in the Dispersed Habitations, every Man must reckon, only, upon that, that he brings with him; As they do, in Provisions, of Ships. Thirdly, the Charge of Bawnes, as they call them, to be made, about every Castle, or House, may be spared, when the Habitations, shall be congregated, only into Towns. And lastly, it will be a Means, to secure the Country, against future Perils, in case, of any Revolt, and Defection. For, by a slight Fortification, of no great Charge, the danger of any Attempts, of Kierns, and Swordmen, may be prevented: The Omission of which Point, in the last Plantation, of Mun●ter, made the Work of years, to be but the Spoil of Days. And if any Man think, it will Draw People, too far off; from the Grounds, they are to labour; It is to be understood, that the Number, of the Towns, be increased accordingly; And likewise, the Situation of them, be, as in the Centre, in respect of the Portions assigned to them. For in the Champion Countries of England, where the Habitation, useth to be in Towns, and not dispersed, it is no new Thing, to go two Miles off, to Blow, part of their Grounds: And two Miles Compass, will take up a good Deal of Country. The fourth Point, is a Point, wherein, I shall differ, from the Project, rather in Quantity, and Proportion, then in Matter. There is allowed to the undertaker, within the five years of Restraint, to alien a third part, in Fee Farm; And to Demise, another for forty years; which, I fear, will mangle the Portions; And, will be, but a shift, to make money, of two parts: Whereas, I am of Opinion, the more, the first undertaker, is forced to keep, in his own Hands, the more the Work is like to prosper. For First, the Person, liable, to the State here, to perform the Plantation, is the Immediate Undertaker. Secondly, the more, his Profit dependeth, upon the Annual, and Springing, Commodity; The more Sweetness, he will find, in putting forward, Manurance, and Husbanding of the Grounds; And therefore is like to take more care of it. Thirdly, since the Natives, are excluded, I do not see, that any persons, are like to be drawn over, of that Condition, as are like to give Fines, and undertake the Charge of Building: For I am persuaded, that the People transported, will consist of Gentlemen, and their Servants; And of Labourers, and Hinds; And not of Yeomen, of any wealth; And therefore, the Charge of Building, as well of the Tenements, and Farms, as of the Capital Houses, themselves, is like to rest, upon the Principal Undertakers, which will be recompensed, in the end, to the full, and with much advantage, if they make no long Estates, or Leases. And therefore this Article, to receive some Qualification. Fifthly, I should think it requisite, that Men of Experience, in that Kingdom, should enter, into some particular Consideration, of the Charges, and Provisions, of all kinds, that will be incident to the Plantation; To the end, that thereupon, some Advise, may be taken, for the Furnishing, and Accommodating them, most conveniently; Aiding private Industry, with public Care, and Order. Thus I have expressed to your Majesty, those simple, and weak● Cogitations, which I have had in myself, touching this Cause; Wherein, I most humbly desire your pardon, and gracious acceptance, of my good Affection, and Intention. For I hold it for a Rule, that there belongeth to great Monarches, from Faithful Servants, not only the Tribute of Duty, but the Oblations of cheerfulness of Heart. And so I pray the Almighty, to bless this great Action, with your Majesty's Care; And your Care; with Happy Success. ADVICE TO THE KING, TOUCHING Mr. SUTTONS ESTATE. May it please Your MAJESTY; I Find it, a Positive Precept, of the Old Law; That there should be n● Sacrifice without Salt. The Moral whereof, (besides the Ceremony,) may be; That God is not pleased, with the Body of a good Intention; Except it be seasoned, with that Spiritual Wisdom, and judgement, as it be not easily Subject, to be corrupted, and perverted. For Salt, in the Scripture, is a Figure, both of Wisdom, and Lasting. This cometh into my Mind, upon this Act of Mr. Sutton; Which seemeth to me, as a Sacrifice without Salt; Having the Materials, of a Good Intention, but not powdered, with any such Ordinances, and Institutions, as may preserve the same from turning Corrupt; Or, at least, from becoming unsavoury, and of little Use. For though, the Choice of the Feoffees, be of the best; yet neither can they always live; And the very Nature, of the Work itself, in the vast, and unf●●, Proportions thereof, being apt to provoke a Mis-imployment; It is no Diligence of theirs, (except there be a Digression from that Model,) that can excuse it, from running the same way, that Gifts of like Condition, have heretofore done. For to desig● the Charter-house, a Building fit for a Prince's Habitation, for an Hospital; Is all one, as if one should give in Alms, a Rich Embroidered cloak, to a Beggar. And certainly, a Man may see, Tanquam quae Ocul●s Cernuntur, that if such an Edifice, with Six Thousand pounds Revenue, be erected into one Hospital; It will, in small time, degenerate, to be made a preferment, of some great Person, to be Master, and he to take all the sweet, and the Poor, to be stinted, and take but the Crumbs: As it comes to pass, in divers Hospitals, of this Realm; Which have but the Names of Hospitals, and are but wealthy Benefice●, in respect of the Mastership; But the Poor, which is the Propter quid, little relieved. And the like, hath been the Fortune, of much of the Alms, of the Roman Religion, in the Great Foundations; which being begun in Vainglory, and Ostentation● have had their Judgement, upon them, to end in Corruption, and Abuse. This Meditation, hath made me presume, to write these few Lines to your Majesty; Being no better ●hen good Wishes, which your Majesty's great Wisdom, may make some thing, or Nothing, of. Wherein, I desire, to be thus understood; That if this Foundation, (such as it is,) be perfect, and Good in Law; Then I am too well acquainted, with your Majesty's Disposition, to advise, any Course, of power, or Profit, that is not grounded upon a Right: Nay further, if the Defects be such, as a Court of Equity may Remedy, and Cure; Then I wish, that as Saint Peter● shadow, did cure Diseases; So the very shadow, of a Good Intention, may cure Defects of that Nature. But if there be a Right, and Birthright, planted in the Heir; And not Remediable by Courts of equity; And that Right, be submitted to your Majesty; Whereby it is both, in your power, and Grace, what to do; Then I do wish, that this rude Mass, and Chaos● of a Good Deed, were directed, rather to a solid Merit, and Durable Charity, then to a Blaze of Glory, that will but crackle, a little, in Talk, and quickly extinguish. And this may be done, observing the Species, of Mr. Suttons' Intent, though varying in Individuo. For it appears, that he had, in Notion, a Triple Good; An Hospital; And a School; And Maintaining of a Preacher; Which individuals, refer to these Three General Heads. Relief of Poor; Advancement of Learning; And Propagation of Religion. Now then, if I shall set before your Majesty, in every of these Three Kinds, what it is, that is most wanting in your Kingdom; And what is like, to be the most Fruitful, & Effectual use, of such a Beneficence, and least like to be perverted: That I think, shall be no ill Scope of my Labour, how meanly soever performed; For out of Variety, represented, Election may be best grounded. Concerning the Relief of the Poor; I hold some Number, of Hospitals, with Competent Endowments, will do far more good, than one Hospital, of an Exorbitant Greatness. For though the one Course, will be the more Seen, yet the other will be the more Felt. For if your Majesty erect many, besides the observing the Ordinary Maxim; Bonum, quo communius, eo melius, choice may be made, of those Towns, and Places, where there is most Need; And so the Remedy, may be Distributed, as the Disease, is Dispersed. Again, Greatness of Relief, accumulate in one place, doth rather invite a Swarm, and Surcharge, of Poor, then relieve those, that are, naturally, bred in that place: Like to ill tempered Medicines, that draw more Humour to the Part, than they Evacuate from it. But chiefly, I rely, upon the Reason, that I touched in the Beginning; That in these Great Hospitals, the Revenues, will draw the Use, and not the Use, the Revenues; And so, through the Mass of the Wealth, they will swiftly tumble down, to a Misemployment. And if any Man say, that in the Two Hospitals in London, there is a Precedent of Greatness, concurring with Good Employment; Let him consider, that those Hospitals, have Annual Governors; That they are under the Superior Care, and Policy, of such a state, as the City of London; And chiefly, that their Revenues, consist not upon Certainties, but upon Casualties, and Free Gifts; Which Gifts would be withheld, if they appeared once to be perverted: So as, it keepeth them, in a continual Good Behaviour, and Awe, to employ them aright: None of which Points, do match, with the present Case. The next Consideration may be, whether this intended Hospital, as it hath a more ample Endowment, than other Hospitals have, should not likewise work, upon a better Subject, than other Poor: As that it should be converted, to the Relief of Maimed Soldiers, Decayed Merchants, Householders Aged, and Destitute Churchmen, and the like; Whose Condition, being of a better sor●, then loose People, & Beg●gars, deserveth, both a more Liberal Stipend, & Allowance, and some proper place of Relief, not intermingled, or coupled, with the Basest Sort of Poor: Which Project, though Specious, yet, in my Judgement, will not answer the Designment, in the Event, in these our Times. For certainly, few Men in any Vocation, which have been some Body, and bear a Mind, somewhat according to the Conscience, and Remembrance, of that they have been, will ever descend, to that Condition, as to profess, to live upon Alms, and to become, a Corporation, of Declared Beggars; But rather will choose, to live Obscurely, and as it were, to hide themselves, with some private Friends: So that the End, of 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 Loiterers, and Cast Serving Men, and Drunkards, with Scandal rather than Fruit, to the Common Wealth. And of this kind, I can find but one Example with us; Which is, the Alms Knights of Windsor; Which particular, would give a Man, small encouragement, to follow that Precedent. Therefore, the best Effect of Hospitals, is, to make the Kingdom, 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 burden, an Eye sore, a scandal, and a Seed, of Peril, 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 only, the Mere, and Naked, Poor, should be sustained; But also, that the Honest Person, which hath hard means to live, upon whom the Poor are now charged, should be in some sort eased. For that were a Work, generally acceptable, to the Kingdom, if the Public Hand, of Alms, might spare, the Private Hand, of ●ax. And therefore, of all other Employments, of that kind, I commend most, Houses of Relief, and Correction; which are Mixed Hospitals, 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 joined with Drunkenness, and Impurity,) But is sorted, with such work, as he can manage, and perform; And where the uses, are not distinguished, as in other Hospitals; Whereof some, are for Aged, and Impotent; and some for Children; And some, for Correction of Vagabonds; But are general, and promiscuous. So that, they may take, off Poor, of every sort, from the Country, as the Country breeds them. And thus, the Poor themselves, shall find the Provision, and other People the sweetness, 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 remembered, that there is a great Difference, between that, which is done, by the Distracted Government, of justices of Peace; And that, which may be done by a settled 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 Materials 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 Kingdom. That for Grammar Schools, there are already too many; and therefore, no Providence, to add, where there is Excess. For the great Number of Schools, which are in your Highness' 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 Country, and Towns, both of Servants for Husbandry, and Apprentices for Trade; And, on the other side, there being more Scholars bred, than 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 Universities of this Realm, (which I take to be, of the best endowed Universities of Europe,) there is Nothing more wanting, towards the flourishing State of Learning, than the Honourable, and plentiful, Salaries, of Readers, in Arts, and Professions. In which Point, as your Majesty's 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 inferior to their Children, that embrace the Practical Part. Else, no Man, will sit longer, in the Chair, then till he can walk, to a better preferment: And it will come to pass, as Virgil saith, Et Patrum invalidi referent jejunia Nati. For, if the Principal Readers, through the Meanness, of their Entertainment, be but Men, of superficial Learning; And that, they shall take their place, but in passage; It will make the Mass of Sciences, want the chief, and solid Dimension, which is Depth; and to become, but Pretty, and, compendious, Habits of pra●ctice. Therefore, I could wish, that in both the Universities, the Lectures, as well of the three Professions, Divinity, Law, and Phy●sick; As of the three Heads of Science, Philosophy, Arts of Speech, and the Mathematics, 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 Greatness of the Reward, doth whistle for the Ablest Men, out of all Foreign par●, 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 Kingdom, be advanced, to a further Height; 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 College 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 Vows, and implicit Obedience, and other Things, 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 acknowledgement of a better Way; which Grace, is, many times, smothered, and choked, 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 Watchful, 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 extremely Backward, in Religion; And the Benefices, swallowed up, in Impropriations, did, by Decree, in the Duchy, erect four stipends, of 100 l. per Annum, a piece, for Preachers, well chosen, to help the Harvest; which have done, a great deal of Good, in the Parts, where they have laboured. Neither do there want, other Corners, in the Realm, that would require, for a time, the like Extraordinary Help. Thus have I, briefly, delivered, unto your Majesty, mine Opinion, touching the Employment, of this Charity: whereby, that Mass of wealth, which was in the Owner, little better, then a Stack, or Heap, of Muck, may be spread, over your Kingdom, to many fruitful purposes; your Majesty planting, and watering, and God giving the Increase. A PROPOSITION, TO His Majesty, BY Sir FRANCIS BACON, Knight, HIS MAJESTY'S ATTORNEY GENERAL; AND One of His PRIVY COUNSEL; Touching the Compiling, And Amendment, Of the LAW, of ENGLAND. YOUR MAJESTY, OF Your Favour, Having Made me Privy Councillor: And Continuing me, in the Place, of your Attorney General, (which is more than was these hundred years before,) I do not understand it to be, that by putting off, the dealing, in Causes, between party and party, I should keep Holiday the more: But that, I should dedicate my time, to your Service, with less distraction. Wherefore, in this plentiful Accession of Time, which I have now gained, I take it, to be my duty; Not only to speed your Commandments, and the Business, of my place; But to meditate, and to excogitate, of myself, wherein I May best, by my Travels, derive your Virtues, to the Good of your People; And return, their Thanks, and Increase of Love, to you again. And after I had thought, of many things, I could ●ind, in my Judgement, none more proper, for your Majesty, as a Master; Nor for me, as a Workman, than the Reducing, and Recompiling, of the Laws of England. Your Majesty is a King, blessed with Posterity; And these Kings, sort best, with Acts of Perpetuity; When they do not leave them, instead of Children; but transmit, both Line, and Merit, to Future Generations. You are a great Master, in justice, and judicature: And it were pity, that the fruit of that Virtue, should die with you. Your Majesty, also Reigneth, in Learned Times; The more, in regard, Of your own perfections, and patronage of Learning; And it hath been the mishap, of Works, of this Nature, that the less Learned Time, hath wrought upon the more Learned; Which now will not be so. As for myself, the Law is my profession, to which I am a debtor. Some little helps I May have, of other Learning, which may give Form to matter; And your Majesty hath set me, in an Eminent place, whereby, in a Work, which must be the Work of many, I may the better have Coadjutors. Therefore, not to hold your Majesty, with any long preface, in that, which I conceive to be, nothing less than Words; I will proceed to the Matter: Which matter, itself, nevertheless, requireth, somewhat briefly to be said, both of the Dignity, and likewise of the Safety, and Convenience, of this Work; And then to go to the main; That is to say, to show, how the work is to be done: Which incidently, also, will best Demonstrate, that it is no vast, nor speculative, Thing; But a Real, and feizable. calisthenes, that followed Alexander's Court, and was grown, in some displeasure, with him; Because he could not well brook the Persian Adoration; At a Supper, (which, with the Grecians, was, ever, a great part, Talk,) was desired, because he was an Eloquent Man, to speak of some Theme; which he did; And chose, for his Theme, The praise, of the Macedonian Nation; which, though it were, but a ●illing Thing, to praise men, to their Faces; yet he did it, with such Advantage of Truth; and avoidance of Flattery, and with such life; As the Hearers were so ravished with it, that they plucked the Roses off from their Garlands, and threw them upon him: As the Manner of Applauses, then, was: Alexander was not pleased with it, and, by way of Discountenance, said, It was easy, to be a good Orator, in a pleasing Theme. But, (saith he to calisthenes,) turn your stile, and tell us now of our Faults, that we may, have the profit, and not you only the praise. Which he presently did, with such a force, and so piquantly, that Alexander said; The Goodness of his Theme had made him Eloquent before: But now it was the Malice of his heart, that had inspired him: 1. Sir, I shall no fall, into either of those two Extremes, Concerning the Laws of England: They commend themselves, best to them, that understand them: And your Majesties, Chief justice of your Bench, hath, in his Writings, magnified them, not with out Cause: Certainly, they are Wise, they are Just, and Moderate, Laws; They give to God; They give to Caesar; They give to the Subjects; that which appertaineth. It is true, They are as mixed, as our Language, compounded of British, R●man, Saxon, Danish, Norman, Customs. And as our Language, is so much the Richer, so the Laws, are the more complete; Neither doth this attribute less to them, than those, that would have them, to have stood out the same, in all Mutations; For no ●ree, is so good, first set, as by Transplanting. 2. As for the Second Extreme; I have nothing to do with it, by way, of Taxing the Laws. I speak, only, by way of Perfitting them: Which is easiest in the b●st things; For that, which is far amiss, hardly receiveth Amendment; But that, which hath already; To that, more may be Given. ●esides, what I shall propound, is not, to the Matter of the Laws, but to the Manner, of their Registry, Expression, and Tradition: So th●t, it giveth them rather Light, than any new Nature. This being so, for the Dignity, of the Work, I know, scarcely, where to find the like; For, surely, that Scale, and those Degrees, of Sovereign Honour, are true, and rightly marshaled. First, the Founders of Estates; Then the Law givers; Then the Deliverers, and Saviour's, after long Calamities; Then the Fa●hers of their Countries; Which are Just, and Prudent, Princes; And Lastly, Conquerors, which Honour, is not to be received, amongst the rest; Except it be, where there is an addition of more Country, and Territory, to a better Government, then that was of the Conquered. Of these in my Judgement, your Majesty, may, with more truth, than flattery, be entitled, to the first; because of your Uniting of Britain, & Planting Ireland; Both which savour of the Founder. That, which I now propound to you, may adopt you, also, into the Second: Lawgivers, have Been called, Principes Perpe●ui; Because, as Bishop Gardner said, in a bad Sense, that he would be Bishop, an hundred years, after his death, in respect of the Long Leases he made: So Lawgivers, are still Kings, and Rulers, after their Decease, in their Laws. But this Work, shining so in itself, needs no Taper. For the safety, and convenience, thereof; It is good to consider, and to answer those Objectious, or Scruples, which may arise, or be made, against this Worke. Obj. 1. That it is a Thing needless; And that the Law, as it now is, is in good Estate; Comparable to any Foreign Law; And that, it is not possible, for the Wit of Man, in respect of the Frailty thereof, to provide, against the Incertainties, and Evasions, or Omissions, of Law. Resp. For the Comparison, with Foreign Laws, it is in vain, to speak of it; For men will never agree about it. Our Lawyers, will maintain, for our Municipal Laws; Civilians, Scholars, Travaillers, will be of the other Opinion. But Certain it is, that our Laws, as they now stand, are subject to great Incertainties, and variety of Opinion, Delays, and Evasions; Whereof ensueth. 1. That the Multiplicity, and length of Suits, is great. 2. That the Contentious Person, is armed, and the Honest Subject, Wearied, and Oppressed. 3. That the judge, is more Absolute; Who, in doubtful Cases, hath a greater stroke, and Liberty. 4. That the Chancery Courts, are more filled, the Remedy of Law, being often obscure, and deignfull. 5. That the ignorant Lawyer, shrowdeth his Ignorance of Law, in that, doubts are so frequent, and many. 6. That men's Assurances, of their Lands, and ●sta●e●, by Patents, Deeds, Wills, are often subject to question, and hollow; And many the like Inconveniences. It is a good Rule, and Direction, (For that all Laws, Secundum Magis & Minus, do participate of Incertainties,) That followeth: Mark, whether the Doubts, that arise, are, only, in Cases of Ordinary Experience, Or, which hap not every day? ●f in the first, Only, impute it to frailty, of Man●●oresight, that cannot reach, by Law, to all Cases: But if in the L●tt●r; be assured, there is a fault in the Law. Of this, I say no more, but, that, (To give every Man his Due,) Had it not been, for S●. Edward Cooks Reports, (which, though they may have Errors, and some peremptory, and extrajudicial Resolutions, more than are warranted: Yet they contain, infinite good Decisions, and Rulings over, of Cases.) The Law, by this Time, had been, almost, like a Ship, without ballast; For that the Cases, of Modern Experience, are fled from those, that are adjudged, and ruled, in Former time. But the Necessity, of this Work, is yet greater, in the Statute Law. For First, there are a number, of Ensnaring, Penal Laws, which lay upon the Subject; And if, in bad times, they should be awaked, and put in Execution, would grind them to powder. There is a learned Civilian, that expoundeth, the Curse of the Prophet: Pluet super eos Laqueos, of Multitude, of Penal Laws: Which are worse, than showers of Hail, or Tempest, upon Cattle; for they fall upon Men. There are some Penal Laws, fit to be retained, but t●●ir ●enalty too great, And it is ever a Rule, that any ov●● great Penalty, (besides the Acerbity of it,) deads' the Execution of the Law. There is a further Inconvenience, of Penal Laws, Obsolete, and out of Use; For that it brings a Gangrene, Neglect, and Habit Disobedience, upon other wholesome Laws, that are fit to be continued, in Practice, and Execution: So that our Laws, endure the Torment of Mezentius. The living die in the Arms of the dead. Lastly, there is, such an Accumulation, of Statutes, concerning one matter; And they so cross, and intricate, as the Certainty of Law, is lost in the Heap; As your Majesty, had Experience, last day, upon the Point: Whether the Incendiary of New-market, should have the benefit, of his Clergy. Obj. 1. That it is a great Innovation; And Innovations, are dangerous, beyond foresight. Resp. All Purge, and Medecines, either in the civil, or Natural, Body, are Innovations. So as that Argument, is a Common place, against all Noble Reformations. But the tr●th is, that this work, ought not to be termed, or held, for any Innovation, in the suspected sense. For those are the Innovations, which are quarrelled, and spoken against, that concern the Consciences, Estates, and Fortunes, of particular persons: But this of General Ordinance, pricketh not particulars, but passeth Sine Strepi●u. Besides, it is on the favourable part: For it easeth, it presseth not: And lastly, it is, rather, matter, of Order, and explanation, then of Alteration. Neither is this, without Precedent, in former Governments. The Romans, by their Decemvirs, did make their Twelve Tables; But that was, indeed, a new Enacting, or Constituting, of Laws, Not a Registering, or Recompiling: And they were made, out of the Laws, of the Grecians, not out of their own Customs. In Athens, they had Sexvir, which were standing Commissioners, to watch, and to discern, what Laws, waxed unproper, for the Time; And what new Law, did, in any branch, cross, a former Law, and so, Ex Officio, propounded their Repeals. King Lewis, the 11th. of France, had it in his intention, to have made, one perfect, and uniform, Law, out of the Civil Law Roman, and the Povinciall Customs, of France. justinian, the Emperor, by Commissions, directed, to divers persons, Learned in the Laws, reduced the Roman Laws, from Vastness of Volume, and a Labyrinth of incertainties, Unto that course, of the Civil Law, which is now in use. I find, here at home, of late years, That King Henry the 8th. in the Twenty seventh of his Reign, was authorized, by Parliament, to nominate Thirty two Commissioners, part Ecclesiastical, part Temporal, to purge the Canon Law, and to make it agreeable, to the Law of God, and the Law, of the Realm; And the same was revived, in the Fourth year, of Edward the 6th. though neither took effect. For the Laws of Lycurgus, Solon, Ninos, and others, of ancient time, they are not the worse, because Grammar Scholars, speak of them. But things too ancient, wax Children, with us again. Edgar, the Saxon King, collected, the Laws of this Kingdom, and gave them the Strength, of a Faggot bound, which formerly were dispersed. The Statutes, of King Edward, the First, were fundamental; But I doubt I err, in producing so many Examples; For, as Cicero saith to Caesar, so may I say, to your Majesty: Nil Vulgare te Dignum Videri possit. Obj. 3. In this purging, of the course, of the Common Laws, and Statutes, much good may be taken away. Resp. In all Purging, some good Humours, may pass away; But that, is largely recompensed, by Lightning, the Body, of much bad. Obj. 4. Labour were better bestowed, in bringing the Common Laws, of England, to a Text Law, as the Statutes are; And setting, both of them down, in Method, and by Titles. Resp. It is too long a Business, to debate, whether Lex Scripta, aut non Scripta, A Text Law, or Customs well registered, with received, and approved Grounds, and Maxims, and Acts, and Resolutions Judicial, from Time to Time, duly entered, and reported; Be the better Form, of Declaring, and Authorising, Laws: It was the principal Reason, or Oracle, of Lycurgus; That none, of his Laws, should be written. Customs, are Laws written, in Living Tables: And some Traditions, the Church doth not disauthorize. In all Sciences, they are the soundest, that keep close to Particulars; And sure I am, there are more Doubts, that rise upon our Statutes, which are a Text Law, then upon the Common Law, which is no Text Law. But, howsoever that Question be determined, I dare not advise to cast the Law, into a new Mould. The work, which I propounds tendeth to pruning, and Grafting, the Law; And not, to Blow up and Planting it again: for such a Remove, I should hold, indeed, for a perilous Innovation. Obj. 5. It will turn the judges, Counsellors of Law, and Students of Law, to school again; And make them, to seek, what they shall hold, and advise for Law; And, it will impose, a new charge, upon all Lawyers, to furnish themselves, with new Books of Law. Resp. For the Former of those, ●ouching the new Labour; It is true, it would follow, if the Law, were new moulded, into a Text Law; For then, Men must be new to begin: And that, is one of the Reasons, for which, I disallow that Course. But in the way, that I shall now propound, the entire Body, and Substance of Law, shall remain; Only discharged, of Idle, and Unprofitable, or Hurtful, Matter: and Illustrated, by Order, and other Helps, towards the better Understanding of it, and Judgement thereupon. For the Latter, touching the new charge, it is not worth the speaking of, in a matter, of so high importance; It might have been used, of the New Translation, of the Bible, and such like Works. Books must follow Sciences, and not Sciences, Books. The Work itself; And the Way to Reduce, And Recompile, the Laws of England. THIS Work, is to be done, (to use some few words, which is the Language of Action, and Effect,) in this manner. It consisteth of two parts: The Digest, or Recompiling, of the Common Laws: And that of the Statutes. In the first of these, Three Things are to be done. 1. The Compiling of a Book, De Antiquitatibus juris. 2. The Reducing, or Perfecting, of the Course, or Corpse, of the Common Laws. 3. The Composing, of certain Introductive, and Auxiliary Books, touching the Study, of the Laws. For the first of these. All Ancient Records, in your Tower, or else where, Containing Acts of Parliament, Lords Patents, Commissions, and judgements, and the like, are to be Searched, Perused, and Weighed. And out of these, are to be selected, those that are of most Worth, and Weight; And in order of Time, not of Titles, (for the more Conformity, with the Yeare-Bookes;) to be set Down, and Registered; Rarely, in haec Verba; But summed with Judgement, not omitting any material part: These are to be used, for Reverend Precedents, but not for Binding Authorities. For the Second, which is the Main; There is to be made, a perfect Course, of the Law, in Serie Temporis, or Yeare-Bookes, (As we call them,) from Edward the First, to this Day; In the Compiling, of this Course, of Law, or Yeare-Bookes, The points following, are to be observed. First, all Cases, which are, at this Day, clearly, no Law; but constantly ruled, to the contrary, are to be left out: They do but fill the Volumes, and season the Wits of Students, in a contrary sense of Law. And so likewise, all Cases, wherein that is solemnly, and long debated, whereof there is now no Question at all, are to be entered, as judgements only, and Resolutions; But without the Arguments, which are now become but frivolous: Yet for the Observation, of the deeper sort of Lawyers, that they may see, how the Law hath altered, out of which they may pick sometimes good use; I do advise; That upon the first in time, of those Obsolete Cases, there were a Memorandum set; That, at that time, the Law, was thus taken, until such a time. etc. Secondly, ●omonymiae, (as justinian calleth them;) That is Cases merely, of Iteration, and Repetition, are to be purged away; And the Cases, of Identity, which are best Reported, and Argued, to be retained, instead of the Rest; The judgements, nevertheless, to be set down, every one, in time, as they are; But with a Quotation, or Reference, to the Case, where the Point, is argued at large; but if the Case, consist, part of Repetition, part of new Matter, The Repetition, is, only, to be omitted. Thirdly, as to the Antinomiae, Cases Judged to the Contrary; It were too great a trust, to refer, to the Judgement, of the Composers, of this work; to decide the Law either way; except there be, a currant stream, of Judgements, of later times: and then, I reckon the Contrary Cases, amongst Cases Obsolete; of which I have spoken before: Nevertheless, this diligence would be used, that such Cases of Contradiction, be specially noted, and collected; to the end, those Doubts, that have been so long Militant, May either, by assembling, All the judges, in the Exchequer Chamber, or by Parliament, be put into certainty. For to do it, by bringing them in question, under feigned parties, is to be disliked. Nil habeat Forum ex scenâ. Fourthly, All Idle Queries, which are but Seminaries, of Doubts, and Incertainties, are to be left out, and omitted, and no Queries set down, but of great Doubts, well debated, and left undecided, for difficulty; But no doubting, or upstarting, Queries: Which, though they be touched in Argument, for Explanation; yet were better to die, then to be put into the Books. Lastly, Cases Reported, with too great prolixity, would be drawn, into a more Compendious Report; Not in the Nature of an Abridgement, This Constitution, of Reporters, I obtained of the King, after I was Chancellor, and there are two, appointed, with a 100 l. a year, a piece, stipend. but Tautoligies, and Impertinences, to be cut off: As for Misprinting, and Insensible Reporting, which, many times, confound the Students, that will be, Obiter, amended; But more principally, if there be any thing in the Report, which is is not well warranted, by the Record, that is also to be rectified; The Course being thus Compiled, Then it resteth, but for your Majesty● to appoint some grave, and sound, Lawyers, with some honourable stipend, to be Reporters, for the Time to come; And then, this is settled, for all times. FOR the Auxiliary Books, that Conduce, to the Study, and Science, of the Law, they are three: Institutions; A Treatise, de Regulis juris; And a better Book, De verborum significationibus, or Terms of the Law. For the Institutions, I know well there be Books of Introductions, (wherewith Students begin) of good worth; Specially Littleton, and Fitzherbert; Natura Brevium, But ●hey a●e, no ways, of the Nature, of an Institutions; The Office whereof, is, to be a Key, and general preparation, to the Reading, of the Course. And principally, it ought to have, too Properties; The one, a perspicuous, and clear, Order, o● Method; And, the other, an Universal Latitude, or Comprehension; That the Students, may have a little Prae-Notion, of every Thing, Like a Model, towards a great Building. For the Treatise, de Regulis juris, I hold it, of all other Things, the most important, to the Health, (as I may term it,) and good Institutions, of any Laws. It is, indeed, like the ballast of a Ship, to keep, all upright, and stable: But I have seen little, in this kind, either in our Law, or other Laws, that satisfieth me. The naked Rule, or Maxim, doth not the Effect. It must be made useful, by good Differences, Ampliations, and Limitations, warranted by good Authorities; And this, not by Raising up, of Quotations, and References, but by Discourse, and Deducement, in a Just Tractate. In this, I have traveled my ●elf, at the first, more cursorily; since, with more Diligence; And will go on with it, if God, and your Majesty, will give me leave. And I do assure your Majesty, I am in good hope, that when, Sir Edward Cooks Reports, and my Rules, and Decisions, shall come to Posterity, there will be, (whatsoever is now thought,) Question, who was the greater Lawyer? For the Books, of the Terms, of the Law, There is a poor one● But I wish, a Diligent one, wherein, should be comprised, not only, the Exposition, of the Terms, of Law; but of the Words, of all ancient Records, and Precedents. For the Abridgements, I could wish, if it were possible, that none might use them, but such, as had read the Course; First, that they might serve, for Repertories, to Learned Lawyers, and not, to make a Lawyer, in haste; But since, that cannot be, I wish there were a good Abridgement, composed, of the Two that are exstant, and in better order. So much for the Common Law. Statute Law. FOR the Reforming, and Recompiling, of the Statute Law, It consisteth of Four parts. 1. The First, to discharge, the Books, of those Statutes, where as, the Case, by Alteration of time, is vanished; As Lombard● Iewes, Gauls half Pence; etc. Those may, nevertheless, remain, in the Libraries, for Antiquities, but no Reprinting of them. The like, of Statutes, long since expired, and clearly repealed; For if the Repeal be doubtful, it must be so propounded to the Parliament. 2. The next is, to repeal all Statutes, which are Sleeping, and not of use, but yet snaring, and in Force; In some of those, it will, perhaps, be requisite, to substitute, some more Reasonable Law, instead of them, agreeable to the time; In others, a simple Repeal may suffice. 3. The Third, that the grievousness, of the Penalty, in many Statutes, be mitigated, though the Ordinance stand. 4. The last is, the Reducing, of Concurrent Statutes, heaped one upon another, to one clear, and uniform, Law. Towards thi●, there hath been, already, upon my motion, and your Majesty's Direction, a great deal, of good pains taken: My Lord Ho●ert, My Self, Sergeant Finch, Mr. Hennage Finch, Mr. Noye, Mr. Hackwell, and others: Whose Labours, being of a great bulk, it is not fit, now, to trouble your Majesty, with any further particularity, therein: Only, by this, you may perceive, the Work is already advanced: But because, this part of the Work, which concerneth the Statute Laws, must of necessity, come to Parliament; And the Houses, will best like that, which themselves guide; And the Persons, that themselves employ; The way were, to Imitate, the precedent, of the Commissioners, for the Canon Laws, in 27. Hen. 8. and 4. Edw. 6. And the Commissioners, for the Union, of the two Realms. Primo, of your Majesty; And so, to have the Commissioners, named, by both Houses; but not, with a precedent power, to Conclude; But only, to prepare, and propound to Pa●liament: This is the best way, I conceive, to accomplish, this Excellent Work, of Honour, to your Majesty's Times, and of Good to all Times: Which I submit, to your Majesty's better Judgement. A FRAGMENT, OF AN ESSAY, OF FAME. THe Poets make Fame a Monster. They describe her, in Part, finely, and elegantly; and, in part, gravely, and sententiously. They say, look how many Feathers she hath, so many Eyes she hath underneath: So many Tongues; So many Voices; She pricks up so many Ears. This is a flourish: There follow excellent Parables; As that, she gathereth strength in going; That she goeth upon the ground, and yet hideth her head in the Clouds. That, in the day time, she sitteth in a Watch Tower, and flieth, most, by night: That she mingleth Things done, with things not done: And that she is a Terror to great Cities: But that, which passeth all the rest, is: They do recount, that the Earth, Mother of the Giants, that made War against jupiter, and were by him destroyed, thereupon, in an anger, brought forth Fame: For certain it is, That Rebels, figured by the Giants, and Seditious Fames, and Libels, are but Brothers, and Sisters; Masculine, and Feminine. But now, if a Man can tame this Monster, and bring her to feed at the hand, and govern her, and with her fly other ravening Fowl, and kill them● it is somewhat worth. But we are infected, with the stile of the Poets. To speak now, in a sad, and serious manner: There is not, in all the Politics, a Place, less handled, and more worthy to be handled, than this of Fame. We will, therefore, speak of these points. What are false Fames; And what are true Fames; And how they may be best discerned; How Fames, may be sown, and raised; How they may be spread, and multiplied; And how they may be checked, and laid dead. And other Things, concerning the Nature of ●ame. Fame, is of that force, as there is, scarcely, any great Action wherein, it hath not, a great part; Especially, in the War. Mucianus undid Vitellius by a Fame, that he scattered; That Vitellius had in purpose, to remove the Legions of Syria, into Germany; And the Legions of Germany, into Syria: whereupon the Legions of Syria were infinitely inflamed. julius C●sar, took pompey unprovided, and laid asleep his industry, and preparations, by a Fame that he cunningly gave out; How Caesar's own Soldiers loved him not; And being wearied with the Wa●s, and Laden with the spoils of Gaul, would forsake him, as soon as he came into Italy. Livia, settled all things● for the Succession, of her Son Tiberius, by continual giving out, that her husband Augustus, was upon Recovery, and amendment. And it is an usual thing, with the Basshawes, to conceal the Death of the great Turk from the jannizaries, and men of War, to save the Sacking of Constantinople, and other Towns, as their Manner i●. Themistocles, made Zerxes, King of Persia poasr a pace out of ●r●cia, by giving out, that the Grecians, had a purpose, to break his Bridge, of Ships, which he had made athwart Hellespont. There be a thousand such like Examples; And the more they are, the less they need to be repeated; Because a Man, meeteth with them, every where: Therefore, let all Wise Governors, have as great a watch, and care, over Fames, as they have, of the Actions, and Designs themselves. The rest was not Finished. Faults Escaped in the Printing. PAg. 16. linea. 4. ●or Gulcis, lege, Dulcis: Pag. 3●. lin. 34. m●st, lege, most: p. 37. l. 30● fit, l. fiat: p, 54. l. 18. vel. l. Duel. p. 55. l. ult. Thnnaus. l. Thuanus: p. 118. l. 10. deen. l. been: Eadem. l. 23. Ordinary. l. more than Ordinary. p. 132. l 34. peasure. l. pleasure. p. 137. l. 38. ferraine, l. foreign, Ead. l. 4●. Mene. l. Mean: p. 138. l. 46. ther. l. their: p. 144. l. ult. be. l. he: Ead. lin. linht, l. light: p. 147. l. 37. Lord: l. Lordship. p. 164. l. 32. Non is repetit Conditionibus Dissidiis l. Non repetitis Conditionibus Dissidii: p. 208. l. 43. Mesty. l. Majesty: p, 212. l. 14. rue. l. true: p: 218. l. 9 Mad. l. Man: Ead. l. 14. how to l. to how: p. 241. l. 16. a. l. as: p. 246. l, 10. if l. of: pag. 266. l. 5, Desig. l●ge Design: 275. l. 28, Sexvir. l. Sexviri. Ead. l. 45: Ninos. l. Minos. SEVERAL LETTERS, WRITTEN BY THIS Honourable Author, TO QUEEN ELIZABETH, KING JAMES, DIVERS LORDS, AND OTHERS. LONDON, Printed by F. L. for William Lee, at the sign of the Turks-Head, in Fleetstreet, 1657. A LETTER To the LORD TREASURER, BURGHLEY, In Excuse of his SPEECH, in PARLIAMENT, Against the TRIPLE SUBSIDY. It may please your Lordship, I Was sorry, to find, by your Lordship's Speech, yesterday, that my last Speech, in Parliament, delivered, in discharge of my Conscience, and Duty to God, her Majesty, and my Country, was offensive. If it were misreported, I would be glad, to attend your Lordship● to disavow any thing, I said not; If it were misconstrued, I would be glad, to expound myself, to exclude any sense, I meant not. If my Heart be misjudged, by Imputation of Popularity, or Opposition, by any envious, or officious Informer, I have great wrong; And the greater, because the Manner of my Speech, did most evidently show, that I spoke simply; And only, to satisfy my Conscience, and not with any Advantage, or Policy, to sway the Cause: And my Terms, carried all signification, of Duty, and Zeal, towards her Majesty, and her Service. It is true, that from the Beginning, whatsoever was above a Double Subsidy, I did wish, might, (for precedent sake) appear to be extraordinary; And, (for Discontents sake,) might not have been levied, upon the Poorer sort: Though otherwise, I wished it as Rising, as I think this will prove, and more. This was my mind, I confess it. And therefore, I most humbly pray, your good Lordship; First, to continue me in your own good Opinion; And then, to perform the part, of an Honourable Friend, towards your poor Servant, and Alliance; In drawing her Majesty, to accept, of the Sincerity, and Simplicity, of my Heart; And to bear with the rest, and restore me, to her Majesty's Favour. A Letter to the Lord Treasurer Burghley, recommending his first Suit, touching the Solicitors place. After the remembrance of my most humble Duty, THough I know, by late Experience, how mindful your Lordship vouchsafeth to be of me, and my poor Fortunes; since it pleased your Lordship, during your Indisposition, when her Majesty came, to visit your Lordship, to make mention of me, for my Employment, and preferment; yet being now in the Country, I do presume, that your Lordship, who of yourself, had so Honourable care of the matter, will not think it a Trouble, to be solicited therein. My hope is, that whereas your Lordship told me, her Majesty was somewhat gravelled, upon the Offence, she took, at my Speech in Parliament, your Lordship's favourable, and good word, (who hath assured me, that for your own part, you construed, that I spoke, to the best,) will be as a good Tide, to remove her from that Shelf. And it is not unknown to your Lordship, that I was the first, of the Ordinary Sort, of the Lower House, of Parliament, that spoke for the Subsidy; And ●hat, which I after spoke in difference, was but in Circumstances of Time, and Manner, which methinks should be no great Matter, since there is Variety allowed in Counsel, as a Discord in Music, to make it more perfect. But I may justly doubt, not so much her Majesty's Impression, upon this particular, as her Conceit, otherwise, of my Insufficiency; which though I acknowledge to be great, yet it will be the less, because I purpose, not to divide myself, between her Majesty, and the Causes of other Men, (as others have done,) but to attend her Business only; Hoping, that a whole Man, meanly able, may do as well as Half a Man, better able. And if her Majesty think, that she shall make an Adventure, in using one, that is rather a Man of Study, than of Practice, and Experience; Surely, I may remember, to have heard, that my Father, (an Example, I confess, rather Ready, than Like; was made Solicitor, of the Augmentation, (a Court of much Business,) when he had never practised, and was but 27 years old: And Mr. Brograve, was now, in my time, called to be Attorney of the Duchy, when he had practised, little, or nothing: And yet discharged his place, with great Sufficiency. But these Things, and the like, are, as her Majesty shall be made capable of them: wherein, knowing what Authority, your Lordship's Commendation, hath with her Majesty● I conclude with myself, that the Substance of Strength, w●ich I may receive, will be from your Lordship. It is true, my Life hath been so private, as I have had no means, to do your Lordship service; but yet, as your Lordship knoweth, I have made offer, of such, as I could yield: For as God, hath given me a mind, to love the Public; so incidently, I have ever had your Lordship, in singular Admiration; whose happy Ability, her Majesty hath so long used, to her great Honour, and yours. Besides, that Amendment, of State, or Countenance, which I have received, hath been from your Lordship. And therefore, if your Lordship shall stand, a good Friend, to your poo● Ally, you shall but Tueri Opus proprium, which you have begun. And your Lordship, shall bestow your benefit upon one, that hath more sense of Obligation, than of Self-love. Thus humbly desiring pardon, of so long a Letter, I wish your Lordship all Happiness. This 7th of june, 1595. A Letter to Queen Elizabeth, upon the sending of a New-year's Gift. It may please your Majesty, ACcording to the Ceremony, of the Time, I would not forget, in all humbleness, to present your Majesty, with a small New-year's Gift: Nothing to my Mind. And therefore to supply it, I can but pray to God, to give your Majesty, his New-year's Gift; that is, a New year, that shall be, as no year, to your Body; And as a year, with 2. Harvests to your Coffers; And every other way, prosperous, and gladsome. And so I remain. A Letter to Queen Elizabeth, upon the sending of a New-year's Gift. Most excellent Sovereign Mistress, THe only New-year's Gift, which I can give your Majesty, is that, which God hath given to me: which is, a Mind, in all Humbleness, to wait upon your Commandments, and Business: Wherein I would to God, that I were hooded, that I saw less; Or, that I could perform more: For now I am like a Hawk, that bats, when I see occasion of service, but cannot fly, because I am tied to another's Fist. But mean while, I continue my presumption, of making to your Majesty, my poor Oblation, of a Garment, as unworthy the Wearing, as his service that sends it: But the Approach, to your Excellent Person, may give Worth to both: which is all the Happiness I aspire unto. A Letter, of Advice, to th● Earl of Essex, to take upon him, the Care, of Irish Causes, when Mr. Secretary Cecil was in France. My singular good Lord, I Do write, because I had no time, fully to express my Conceit, to your Lordship, touching Irish Affairs; considering them, as they may concern, your Lordship; Knowing, that you will consider them, as they may concern the State. That it is one of the aptest particulars, that hath come, or can come upon the Stage, for your Lordship, to purchase Honour upon, I am moved to think, for 3. Reasons. Because, it is ingenerate, in your House, in respect of my Lord, your Fathers, Noble Attempts: Because, of all the Actions, of State, on foot, at this time, the Labour resteth most, in that particular; And because, the World, ●ill make a kind of Comparison, between those, that set it out of Frame, and those that bring it into Frame: which kind of Honour, giveth the quickest kind of Reflection. The Transferring this Honour, upon yourself, consisteth in 2. points: The one, if the Principal Persons employed, come in by you, and depend upon you: The other, if your Lordship, declare yourself, and profess to undertake, a Care of that Kingdom. For the Persons, it falleth out well, that your Lordship, hath had no Interest, in the Persons of Imputation: For neither, Sir William Fitz-Williams, nor Sir john Norrice, was yours. Sir William Russell, was conceived yours, but was kerbed. Sir Coniers Clifford, (as I conceive it,) dependeth on you, who is said to do well. And if my Lord of Ormond, in this Interim, doth accommodate things well, (as it is said he doth,) I take it, h● hath, always, had good Understanding, with your Lordship: So as all Things, hitherto, are not only whole, and entire, but of favourable Aspect, towards your Lordship, if hereafter you choose well. Concerning the Care of Business, the general, and popular Conceit hath been, that Irish Causes have been much neglected; whereby, the Reputation, of better Care, will put Life into them. But for a Beginning, and Key, to that which shall follow; It were good, your Lordship, would have, some large, and serious, Conference, with Sir William Russell, Sir Richard Bingham, the Earl of Toumond, and Mr. Wilbraham; To know their Relation of the past; Their Opinion of the present; and Their Advise for the future. For the Points, of Apposing them, I am too much a Stranger, to the Business, to deduce them: But, in a general Topique, methinks, the pertinent Interrogations, must be; Either, of the Possibility, and Means, of Accord; or of the Nature, of the War; or of the Reformation, of Abuses; Or of the joining, of Practice with Force, in the Disunion, of the Rebels. If your Lordship doubt, to put your Sickle, into another's Harvest; First, Time brings it to you, in Mr. Secretary's Absence: Next, being mixed, with matter of War, it is fittest for you: And lastly, I know, your Lordship, will carry it, with that Modesty, and Respect, towards Aged Dignity; And that good Correspondence, towards my dear Kinsman, and your good Friend, now abroad, as no Inconvenience, may grow that way. Thus have I played, the Ignorant Statesman; Which I do, to No Body, but your Lordship; except to the Queen, sometimes, when she traines me on. But your Lordship will accept my Duty, and good Meaning; And secure, me, touching the privateness, of that I write. A Letter, of Advice, to the Earl of Essex, upon the first Treaty, with Tyrone, 1598., before the Earl was nominated, for the Charge of Ireland. My very good Lord, COncerning the Advertisements, which your Lordship imparted to me, touching the State of Ireland, for willing Duties sake, I will set down, to your Lordship, what Opinion, sprang in my Mind, upon that I read. The Letter, from the Counsel, there, leaning to mistrust, and dissuade the Treaty, I do not much rely on, for 3. Causes. First, because it is always, the Grace, and the Safety, of such a Counsel, to err in Caution: whereunto add, that it may be, they, or some of them, are not without Envy, towards the Person, who is used, in treating the Accord. Next, because the Time of this Treaty, hath no show of Dissimulation; For that Tyrone, is now in no straits; but he is more like a Gamester, that will give over, because he is a Winner, than because, he hath no more Money, in his Purse. Lastly, I do not see, but those Articles, whereupon they ground their Suspicion, may as well proceed out of Fear, as out of Falsehood. For the Retaining, the Dependence, of the Vri●ghts; The protracting, the Admission, of a Sheriff; The Refusing, to give his Son, for an Hostage; The Holding off, from present Repair, to Dublin; The Refusing, to go presently to Accord, without including Odonnell, and other his Associates; May very well come, of an Apprehension, in case he should receive hard measure; And not out of Treachery. So as, if the great Person, you write of, be faithful; And that you have not heard, some present Intelligence, of present Succours, from Spain; (For the Expectation whereof, Tyrone would win time;) I see no deep Cause, of Distrusting, this Course of Treaty, if the main Conditions may be good. For her Majesty seemeth to me, to be a Winner thereby, 3. ways; First, her Purse shall have some Rest: Next, it will divert, the Foreign Designs, upon the Place: Thirdly, though her Majesty, be like, for a time, to govern but precariò, in the North; And be not, (as to a true Command,) in better state there, than before; yet, besides the two respects, of Ease of Charge, and Advantage of Opinion, abroad, before mentioned, she shall have a time, to use her Princely policy, in 2. points to weaken them. The one, by Division, and Disunion, of the Heads; The other, by Recovering, and Winning the People, from them, by justice; which, of all other Courses, is the best. Now for the Athenian Question; you discourse well; Quid igitur agendum est? I will shoot my Fool's Bolt, since you will have it so. The Earl of Ormond, to be encouraged, and comforted. Above all Things, the Garrisons to be instantly provided for. For Opportunity maketh a Thief: And if he should mean never so well now; yet such an Advantage, as the Breaking, of her Majesty's Garrisons, might tempt a true Man. And because, he may as well waver, upon his own Inconstancy, as upon Occasion; (And wanton Variableness, is never restrained, but by Fear;) I hold it necessary, he be menaced, with a strong War: Not by Words, but by Musters, and preparations of Forces, here, in case the Accord proceed not: But none to be sent over, lest it disturb the Treaty, and make him look to be overrun, as soon as he hath laid away Arms. And but that your Lordship, is too easy, to pass in such Cases, from Dissimulation, to Verity; I think, if your Lordship lent your Reputation, in this Case; That is, To pretend, that if Peace go not on, and the Queen mean to make, not a Defensive War, as in times past, but a full Reconquest of those parts, of the Country, you would accept the Charge; I think, it would help, to settle Tyrone, in his seeking Accord, and win you, a great deal of Honour, gratis. And that, which most properly concerns, this Action, if it prove a Peace; I think, her Majesty shall do well, to cure the Root of the Disease; And to Profess, by a Commission, of Peaceable Men, of Respect, and Countenance, a Reformation of Abuses, Extortions, and Injustices there; And to plant, a stronger, and surer Government, than heretofore, for the Ease, and Protection, of the Subject. For the Removing of the Sword, or Government in Arms, from the Earl of Ormond; Or the sending of a Deputy, (which will eclipse it,) if Peace follow, I think it unseasonable. Lastly, I hold still my Opinion, (both for your better Information, and the fuller Declaration, of your Care, in Meddling, in this urgent, and meriting Service,) That your Lordship, have a set Conference, with the persons, I named, in my former Letter. A Letter of Advice, to my Lord of Essex, immediately, before his going into Ireland. My sigular good Lo●d, YOur late Note of my Silence, in your Occasions, hath made me set down, these few wand'ring Lines, as one that would say somewhat, and can say nothing, touching your Lordship's intended Charge for Ireland; Which my Endeavour, I know, your Lordship will accept graciously; whether your Lordship take it, by the Handle of Occasion, ministered from yourself; or of the Affection, from which it proceeds. Your Lordship, is designed to a Service, of great Merit, and great Peril: And as the Greatness of the Peril must needs include, a like proportion of Merit: So the Greatness of the Merit, may include, no small Consequence of Peril, if it be not temperately governed. For all immoderate Success, extinguisheth Merit, and stirreth up, Distaste, and Envy; The assured Forerunners, of whole Charges of Peril. But I am at the last point first; Some good Spirit, leading my Pen, to presage, to your Lordship, success: Wherein, it is true, I am not without my Oracles, and Divinations; None of them Superstitious, and yet not all Natural. For first, looking into the Course of God's Providence, in Things now depending; And calling to consideration, how great things God hath done, by her Majesty, and for her: I collect, he hath disposed, of this great Defection, in Ireland, thereby, to give an urgent occasion, to the Reduction, of that whole Kingdom; As upon the Rebellion of Desmond, there ensued, the Reduction of that whole Province. Next, your Lordship goeth against, three of the unluckiest Vices, of all others; Disloyalty, Ingratitude, and Insolency: Which three Offences, in all Examples, have seldom their Doom, adjourned to the world to come. Lastly, he that shall have had the Honour, to know your Lordship, inwardly, as I have had, shall find Bona Exta, whereby he may better ground, a Divination of Good, than upon the Dissection, of a Sacrifice. But that part I leave: For it is fit ●or others, to be confident upon the cause; The Goodness, and Justice, whereof, is such, as can hardly be matched, in any Example● It being no Ambitious War, against Foreigners, but a Recovery of Subjects; And that, after Lenity of Conditions, often tried; And a Recovery of them, not only to Obedience, but to Humanity, and Policy, from more than Indian Barbarism. There is yet another Kind of Divination, familiar to Matters of State; Being that, which Demosthenes, so often relied upon, in his time; when he said; That, which for the time past, is worst of all, is, for the time to come, the best; which is, that things go● ill, not by Accident, but by Errors; Wherein, if your Lordship have been, heretofore, an Awaking Censor, you must look ●or no other now, but, Medice Cura teipsum: And though, you shall not be the Happy Physician, that cometh in the Declination of the Disease; yet you embrace that Condition, which many Noble Spirits have accepted for Advantage; which is, that you go, upon the greater Peril, of your Fortune; and the less, of your Reputation; And so the Honour countervaileth the Adventure; Of which Honour, your Lordship is in no small possession; when that her Majesty, (known to be, one of the most judicious Princes, in discerning of Spirits, that ever governed,) hath made choice of you, (merely out of her Royal judgement; her Affection inclining rather to continue your Attendance;) into whose hand, and trust, to put the Command, and Conduct, of so great Forces; The Gathering the Fruit of so great Charge; The Execution of so many Counsels; The Redeeming, of the Defaults, of so many former Governors; The clearing of the Glory, of her so many happy years Reign, only, in this part, eclipsed: Nay further, how far forth, the peril of that State, is interlaced with the peril of England; And therefore, how great the Honour is, to keep, and defend, the Approaches, or Ave-newes, of this Kingdom, I hear many discourse; And there is a great Difference, whether the Tortoise, gathereth herself, within her shell, hurt, or unhurt. And if any Man be of Opinion, that the Nature of the Enemy, doth extenuate, the Honour of the Service, being but a Rebel, and a Savage; I differ from him; For I see, the justest Triumphs, that the Romans, in their greatness, did obtain; And that, whereof the Emperors, in their Styles, took Addition, and Denomination, were of such an Enemy, as this: That is, People Barbarous, and not reduced to Civility, magnifying a kind of lawless Liberty, and prodigal of Life, hardened in Body, fortified in Woods and Boggs, and placing both Justice and Felicity in sharpness of their Swords: Such were the Germans, and ancient Britons, and divers others. Upon which kind of People, whether the Victory were a Conquest; or a Reconquest, upon a Rebellion, or a Revolt; It made no difference, (that ever I could find,) in Honour. And therefore, it is not the Enriching Predatory War, that hath the pre-eminence in Honour; Else should it be more Honour, to bring in a Carick of rich Burden, than one of the 12. Spanish Apostles. But then, this Nature of People, doth yield, a higher point of Honour, considered in Truth, and Substance, than any war can yield, which should be achieved, against a Civil Enemy; If the End may be; Pacique imponere morem, to replant, and refound, the policy of that Nation; To which nothing is wanting, but a just, and Civil, Government: which Design, as it doth descend unto you, ●rom your Noble Father, who lost his life in that Action, (though he paid Tribute to Nature, and not to Fortune;) So, I hope your Lordship, shall be, as Fatal a Captain to this war, as Africanus was to the War of Carthage; After that both his Uncle, and Father, had lost their Lives, in Spain, in the same war. Now, although it be true, that these Things, which I write, (being but Representations, unto your Lordship, of the Honour, and Appearance of Success, of the Enterprise;) Be not much, to the purpose, of any Advice; yet it is that, which is left to me, being no Man of War, and ignorant in the particulars of Estate. For a Man may, by the Eye, set up the White, in the midst of the But, though he be no Archer. Therefore I will only add this Wish, according to the English Phrase, which termeth, a well-willing Advice, a Wish: That your Lordship, in this whole Action, looking forward, would set down this Position; That Merit is worthier than Fame; And looking back hither, would remember this Text, That Obedience is better than Sacrifice. For Designing to Fame, and Glory, may make your Lordship, in the Adventure of your Person, to be valiant, as a private Soldier, rather than as a General: It may make you, in your Commandments, rather to be Gracious, than Disciplinary: It may make you press Action, (in respect of the great Expectation conceived,) rather hastily, than seasonably, and safely: It may make you, seek rather, to achieve the war, by force, than by Intermixture of Practice: It may make you, (if God shall send prosperous Beginnings,) rather seek the Fruition of that Honour, than the Perfection, of the work, in hand. And for the other point, that is the Proceeding, like a good Protestant, upon express warrant, and not upon good Intention; your Lordship knoweth, in your wisdom; That as it is most fit for you, to desire convenient Liberty of Instructions; so it is no less fit for you, to observe the due Limits of them: Remembering, that the Exceeding of them, may not only procure, in case of adverse Accident, a dangerous Disavow; But also, (in case of prosperous Success;) be subject to Interpretation, as if all were not referred, to the right End. Thus have I presumed, to write these few Lines, to your Lordship, in Methodo Ignorantiae; which is, when a Man speaketh of a Subject, not according to the Matter, but according to the Model, of his own Knowledged And most humbly desire your Lordship, that the weakness thereof, may be supplied, in your Lordship, by a benign Acceptation, as it is in me, by my best Wishing. A Letter to the Earl of Essex, in offer of his Service, when he was first enlarged, to Essex House. My Lord; NO Man can expound my Doings better, than your Lordship; which makes me need to say the less: Only, I humbly pray you to believe, that I aspire to the Conscience, and Commendation, of Bonus Civis, and Bonus Vir; And that, though I love some Things, better, (I confess,) than I love your Lordship, yet I love few Persons better; Both for Gratitude's sake, and for your Virtues; which cannot hurt, but by Accident; Of which my good Affection, it may please your Lordship, to assure yourself; And of all the true Effects, and Offices, I can yield. For as I was ever sorry, your Lordship should fly, with waxen Wings, doubting Icarus Fortune; So for the growing, up of your own Feathers, be they Ostriches, or other kind, no man shall be more glad. And this is the Axill-Tree, whereon I have turned, and shall turn. Which having already signified, to you, by some near mean, having so fit a Messenger, for mine own Letter, I thought good, also, to redouble by Writing. And so I commend you to God's Protection. From Gray Inn, this 9th of july, 1600. An Answer, of my Lord of Essex, to the immediately preceding Letter, of Mr. Bacon's. Mr. Bacon; I Can neither Expound, nor Censure, your late Actions; Being ignorant, of all of them, save one; And having directed my Sight inward only, to examine myself. You do pray me to believe, that you only aspire, to the Conscience, and Commendation, of Bonus Civis, and Bonus Vir; And I do faithfully assure you, that while that is your Ambition, (though your Course be Active, and Mind Contemplative,) yet we shall both, Convenire in eodem Tertio; And, Convenire inter Nosipsos. Your Profession of Affection, and Offer of good Offices, are welcome to me: For answer to them, I will say but this; That you have believed, I have been kind to you; And you may believe, that I cannot be other, either upon Humour, or mine own Election. I am a stranger, to all Poetical Conceits, or else I should say somewhat, of your Poetical Example. But this I must say; That I never flew, with other Wings, than Desire to merit; And Confidence in my Sovereign's Favour; And when one of these Wings failed me, I would light no where, but at my Sovereign's Feet, though she suffered me, to be bruised, with my fall. And till her Majesty, that knows, I was never Bird of Prey, finds it to agree with her will, and her Service, that my Wings should be imped again, I have committed myself, to the Move. No power, but my Gods, and my Sovereigns, can alter this Resolution, of Your Retired Friend, ESSEX. Two Letters framed, the one, as from Mr. Anthony Bacon, to the Earl of Essex; The other, as the Earls Answer thereunto, delivered to Sir Francis Bacon, with the Advice of Mr. Anthony Bacon, his Brother, to be showed to the Queen, upon some fit occasion; As a Mean, to work her Majesty, to receive the Earl again, to Favour and Attendance, at Court: They were devised, whils● my Lord remained Prisoner, in his own House. My singular good Lord; THis standing at a stay, in your Lordship's Fortunes, doth make me, in my Love towards your Lordship, jealous, lest you do somewhat, or omit somewhat, that amounteth to a new Error. For I suppose, of all former Matters, there is a full Expiation: wherein, for any thing that your Lordship doth, I, for my part, (who am remote,) cannot cast, nor devise, wherein any Error should be; except in one point, which I dare not censure, nor dissuade: which is, that (as the Prophet saith,) In this Affliction, you look up, ad Manum Percutientem, and so make your peace with God. And yet I heard it noted, that my Lord of Leicester, (who could never get to be taken for a Saint, nevertheless in the Queen's Disfavour,) waxed seeming Religious: which may be thought by some, and used by others, as a Case resembling yours; If Men do not see, or will not see, the difference between your two Dispositions. But to be plain with your Lordship, my Fear rather is, because I hear, how some of your good, and wise, Friends, not unpractised in the Court, and supposing themselves, not to be unseen, in that deep, and unscrutable, Centre of the Court, which is her Majesty's Mind, do not only toll the Bell, but even ring out Peals, as if your Fortune were dead, and buried; And as if, there were no possibility, of recovering her Majesty's Favour; And as if, the best of your Condition, were to live, a private, and retired Life, out of Want, out of Peril, and out of manifest disgrace; And so in this persuasion of theirs, include a persuasion to your Lordship, to frame, and accommodate your Actions, and Mind, to that End: I fear, I say, that this untimely Despair, may, in time, bring forth, a just Despair, by causing your Lordship, to slacken, and break off your wise, loyal, and Seasonable, Endeavours, and Industries, for Reintegration to her Majesty's favour: In Comparison whereof, all other Circumstances, are but as Atomies; or rather, as Vacuum, without any Substance at all. Against this Opinion, it may please your Lordship, to consider, of these Reasons, which I have collected; And to make judgement of them; Neither out of the Melancholy, of your present Fortune; nor out of the Infusion of that, which cometh to you, by others Relation, (which is subject to much Tincture;) But ex Rebus ipsis, Out o● the Nature, of the Persons, and Actions, themselves; As the trustiest, and least deceiving Grounds, of Opinion. For though I am so unfortunate, as to be a stranger to her Majesty's Eye, and to her Nature; yet by that which is apparent, I do manifestly discern, that she hath the Character, of the Divine Nature, and Goodness; Quos amavit, amavit usque ad sinem; And where she hath a Creature, she doth not deface, nor defeat it: Insomuch, as if I observe rightly, in those persons, whom heretofore she hath honoured, with her special Favour, she hath covered, and remitted, not only Defects, and Ingratitudes, in Affection, but Errors in State, and Service. Secondly, if I can spell, and Scholarlike put together, the parts of her Majesty's proceeding, now towards your Lordship; I cannot but make this Construction; That her Majesty, in her Royal Intention, never purposed, to call your Lordship's Doings, into public Question; But only, to have used a Cloud, without a Shower, in censuring them, by some temporary Restraint only, of Liberty, and debarring from her presence. For first, the Handling the Cause in the Starr-Chamber, you not called, was enforced, by the Violence, of Libelling, and Rumours; (wherein the Queen thought to have satisfied the world, and yet spared your Lordship's Appearance;) And after, when that Means, which was intended, for the Quenching, of malicious Brutes, turned to kindle them; (Because it was said, your Lordship, was condemned unheard; And your Lordship's Sister wrote that piquant Letter,) than her Majesty saw plainly, that these winds of Rumours, could not be commanded down, without a Handling of the Cause, by Making you Party, and Admitting your Defence. And to this purpose, I do assure your Lordship, that my Brother, Francis Bacon, who is too wise, (I think) to be abused, and too honest, to abuse; Though he be more reserved, in all particulars, than is needful; yet, in generality, he hath ever constantly, and with asseveration, affirmed to me, that both those Days; That of the Starr-Chamber, and that at my Lord Keepers, were won from the Queen, merely upon necessity, and point of Honour, against her own Inclination. Thirdly, in the last proceeding, I note 3. points; which are directly significant, That her Majesty, did expressly forbear, any point, which was Irreparable, or might make your Lordship, in any degree, uncapable, of the return of her favour; Or might fix, any Character Indelible, of disgrace upon you: For she spared, the Public Place, of the Starr-Chamber: She limited the Charge, precisely, not to touch Disloyalty; And no Record remaineth to Memory, of the Charge, or Sentence. Fourthly, the very Distinction, which was made, in the Sentence, of Sequestration, from the places of Service in State; And leaving to your Lordship, the Place, of Master of the Horse, doth, to my understanding, indicatiuè, point at this; That her Majesty meant, to use your Lordship's Attendance in Court, while the Exercises, of the other places, stood suspended. Fifthly, I have heard, and your Lordship knoweth better, that now, since you were in your own Custody, her Majesty, in Verbo Regio, and by his Mouth, by whom she committeth, her Royal Grants, and Decrees, hath assured your Lordship, she will forbid, and not suffer, your Ruin. Sixthly, as I have heard, her Majesty, to be a Prince, of that Magnanimity, that she will spare, the Service, of the ablest Subject, or Peer, when she shall be thought, to stand in need of it: So she is, of that Policy, as she will not lose, the Service, of a meaner than your Lordship, where it shall depend, merely, upon her Choice, and Will. Seventhly, I hold it for a Principle; That those Diseases, a●e hardest to cure, whereof the Cause is obscure; And those easiest, whereof the Cause is manifest: Whereupon I conclude, that since it hath been your Error, in your Courses, towards her Majesty, which hath prejudiced you; That your Reforming, and Conformity, will restore you; So as you may be Faber Fortunae propriae. Lastly, considering your Lordship, is removed, from Dealing in Causes of State, and left only to a Place of Attendance; Methinks, the Ambition of any Man, who can endure no Partners, in State-Matters, may be so quenched, as they should not, laboriously, oppose themselves, to your Being in Court: So as upon the whole Matter, I cannot find, neither in her Majesty's Person, nor in your own Person, nor in any third Person; Neither in former Precedents, nor in your own Case, any Cause, of dry, and peremptory, Despair. Neither do I speak this, but that if her Majesty, out of her Resolution, would design you, to a private Life, you should be as willing, upon her Appointment, to go into the Wilderness, as into the Land of Promise. Only, I wish your Lordship, will not preoccupate Despair, but put trust, next to God, in her Majesty's Grace; and not to be wanting to yourself. I know your Lordship, may justly interpret, that this, which I persuade, may have some reference to my particular; because I may truly say; Te Stante, Non Virebo, (For I am withered in myself;) but Manebo, or Tenebo; I shall, in some sort, be, or hold out. But though your Lordship's Years, and Health, may expect return of Grace, and Fortune; yet your Eclipse for a time, is an Vltimum Vale, to my Fortune: And were it not, that I desire, and hope, to see my Brother established, by her Majesty's favour; (as I think him well worthy, for that he hath done, and suffered,) it were time, I did take that Course, from which I dissuade your Lordship. But now in the mean time, I cannot choose, but perform, those honest Duties, unto you, to whom I have been so deeply bounden. A Letter, framed, as from the Earl, in answer, of the former Letter. Mr. Bacon, I Thank you, for your kind, and careful Letter. It persuades me that, which I wish strongly, and hope for weakly; That is, Possibility of Restitution, to her Majesty's Favour: Your Arguments, that would cherish Hope, turn to Despair. You say the Queen, never meant, to call me to Public Censure, which showeth her Goodness: But you see I passed it, which showeth others Power. I believe most steadfastly, her Majesty never intended, to bring my Cause, to a Sentence; And I believe as ver●ly, that since that Sentence, she meant to restore me, to attend upon her Person. But they that could use occasions (which was not in me to let,) and amplify Occasions, and practise Occasions, to represent to her Majesty, a Necessity, to bring me to the one, can, and will, do the like, to stop me from the other. You say, my Errors, were my Prejudice, and therefore I can mend myself: It is true; But they that know, that I can mend myself; And that if ever, I recover the Queen, that I will never lose her again; will never suffer me, to obtain Interest, in her favour. And you say, the Queen never forsook utterly, where she inwardly favoured: But I know not, whether the Hourglass of time, hath altered her; But sure I am, The false Glass, of others Informations, must alter her, when I want access to plead mine own Cause. I know, I ought doubly, to be her Majesties; Both jure Creationis; For I am her Creature: And jure Redemptionis; For, I know, she hath saved me, from Overthrow. But for her first Love, and for her last Protection, and all her great Benefits, I can but pray for h●r Majesty; And my Endeavours, are now, to make, my Prayers for her Majesty, and myself, better heard. For thanks be to God, they that can make, her Majesty believe, I sergeant with her, cannot make God believe, that I sergeant with him: And they which can let me, from coming near unto her, cannot let me, from drawing near unto him, as I hope I do daily. For your Brother, I hold him an honest Gentleman, and wish him all good; Much rather, for your Sake. Yourself, I know, hath suffered more for me, than any Friend I have: But I cannot but lament freely, as you see I do; And advise you, not to do that, which I do; which is, to despair. You know Letters, what hurt they have done me; And therefore make sure of this: And yet I could not, (as having no other Pledge of my Love,) but communicate freely with you, for the Ease of my Heart, and yours. A Letter to Mr. Secretary Cecil, after the Defeating, of the Spanish Forces, in Ireland; Inciting him, to embrace the Care, of Reducing that Kingdom, to Civility; with some reasons sent, enclosed. It may please your Honour, AS one, that wisheth you, all Increase of Honour; And as one, that cannot leave, to love the State, (what Interest soever I have, or may come, to have in it;) And as one, that now this dead Vacation time, hath some Leisure, ad aliud agendum; I will presume, to propound unto you, that, which though you cannot but see, yet I know not, whether you apprehend, and esteem it, in so high a degree; That is, for the best Action, of Importation to yourself; Of sound Honour and Merit, to her Majesty, and this Crown; without Ventosity, and Popularity, that the Riches, of any Occasion, or the Tide, of any Opportunity, can possibly minister, or offer. And that is, the Causes of Ireland, if they be taken, by the right Handle. For if the Wound, be not ripped up again, and come to a Recrudency, by new Foreign Succours, I think, that no Physician, will go on much, with letting Blood, In Declinatione Morbi; But will intend, to Purge, and Corroborate. To which purpose, I send you mine Opinion, without Labour of Words, in the Enclosed; And sure I am, that if you shall enter into the matter, according to the Vivacity, of your own Spirit, nothing can make unto you, a more gainful return. For you shall make the Queen's Felicity complete, which now, (as it is,) is incomparable; And for yourself, you shall show yourself, as good a Patriot, as you are thought a Politic; And make the World perceive, you have not less Generous Ends, than Dexterous Delivery, of yourself, towards your Ends; And that you have, as well true Arts, & Grounds of Government, as the Facility, & Felicity, of Practice, and Negotiation; And that you are as well seen, in the Periods, and Tides, of Estates, as in your own Circle, and Way: Than the which, I suppose, nothing, can be a better Addition, and Accumulation, of Honour, unto you. This, I hope, I may in privateness, write, either as a Kinsman, that may be bold; or a Scholar, that hath Liberty of Discourse, without Committing any Absurdity. But if it seem any Error in me, thus to intromit myself; I pray your Honour, believe, I ever loved her Majesty, and the State, and now love your Self; And there is never any vehement Love, without some Absurdity; As the Spaniard well says; Desuario con la Calentura. So desiring your Honour's pardon, I ever continue. Considerations, touching the Queen's Service, in IRELAND. THe Reduction, of that Country, as well to Civility, and Justice, as to Obedience, and Peace, (which things, as Affairs now stand, I hold to be Inseparable,) consisteth in 4. Points. 1. The Extinguishing, of the Relics, of the Warr. 2. The Recovery, of the Hearts, of the People. 3. The Removing, of the Root, and Occasions, of new Troubles. 4. Plantations, and Buildings. For the first: Concerning the Places, and Times, and Particularities, of further Prosecution, in fact, I leave it, to the Opinion, of Men of War; Only the Difficulty is, to distinguish, and discern, the Propositions, which shall be, according to the Ends, of the State here; (That is, final, and summary, towards the Extirpation, of the Troubles;) From those, which though they pretend Public Ends, yet may refer, indeed, to the more Private, and Compendious Ends, of the Council there; or the particular Governors, or Captains. But still, (as I touched in my Letter,) I do think, much Letting Blood, In Declinatione Morbi, is against Method of Cure; And that it will, but induce Necessity, and exasperate Despair; And, percase, discover the Hollowness of that, which is done already, which now blazeth to the best show. For Iaglia's, and Pros●riptions, of 2. or 3. of the principal Rebels, they are, no doubt, jure Gentium, lawful; In Italy, usually practised, upon the Banditi; Best in season, where a Side goeth down: And may do good, in two Kind's; The one, if they take Effect; The other, in the Distrust, which may follow, amongst the Rebels themselves. But of all other points, to my Understanding, the most Effectual is, the well Expressing, or Impressing, the Design of this State, upon that miserable, and desolate, Kingdom; Containing the same, between these two Lists, or Boundaries: The one, that the Queen, seeketh not, an Extirpation of that People, but a Reduction; And that now, she hath chastised them, by her Royal Power, and Arms, according to the Necessity of the Occasion; Her Majesty, taketh no pleasure, in Effusion of Blood, or Displanting of Ancient Generations. The other, that h●r Majesty's Princely Care, is, principally, and intentionally, bend, upon the Action of Ireland: And that she seeketh not, so much, the Ease of Charge, as the Royal performance, of the Office of Protection, and Reclaim, of those her Subjects: And, in a word, that the Case is altered so far, as may stand, with the Honour, of the Time past. And again, I do repeat, that if her Majesty's Design be, ex Professo, to Reduce Rebels to Obedience, it makes weakness turn Christianity; and Conditions Graces: And so hath a Fineness, in Turning Utility, upon Point of Honour; which is agreeable, to the Humour, of these Times. And besides, if her Majesty, shall suddenly aba●e, the Lists of their Forces, and shall do nothing to countervail it, in point of Reputation, of a Politic Proceeding, I doubt, Things may, too soon fall back, into the state they were in. Next to this. Adding Reputation to the Cause, by Imprinting an Opinion, of her Majesty's Care, an● Intention, upon this Action, is the Taking away, of Reputation, from the Contrary side, by Cutting off, the Opinion, and Reputation, of Foreign Succours; To which purpose, this Enterprise of Algiers, (if it hold according to the Advertisement, and if it be not wrapped up, in the Period of this Summer,) seemeth, to be an Opportunity, coelitùs dimissa. And to the same purpose, nothing can be more fit, than a Treaty, or a Shadow, of a Treaty, of a Peace, with Spain; which, methinks, should be in our Power to fasten, at least Rumore tenus, to the Deluding, of as wise People, as the Irish. Lastly, for this point; That which the Ancients called, Potestas facta, redeundi ad Sanitatem; And, which is but a Mockery, when the Enemy is strong, or proud, but Effectual in his Declination; That is, A liberal Proclamation, of Grace, and Pardon, to such as shall submit, and come in within a time prefixed; And of some other Reward, to such, as shall bring others in; That one's Sword● may be sharpened by another's; Is a Matter of good Experience, and now, I think, will come in time. And percase● though I wish the Exclusions, of such a pardon, exceeding few, yet it will not be safe, to continue some of them, in their Strength; But to translate them, and their Generations, into England: And give them Recompense, and Satisfaction here, for their Possessions there; As the King of Spain did, by divers Families, of Portugal. To the Effecting, of all the points, aforesaid; And likewise, those which fall, within the Divisions following, nothing can be in priority, (either of Time, or Matter,) better, than the sending of some Commission, of Countenance, Ad Res inspiciendas, & componendas: For it will be a very significant Demonstration, of her Majesty's Care, of that Kingdom; A Credence, to any, that shall come in, and submit; A Bridle, to any, that shall have their Fortunes there, and shall apply, their Propositions, to private Ends; And an Evidence, that her Majesty, after Arms laid down, speedily pursueth, a Politic Course, without Neglect, or Respiration: And it hath been the Wisdom of the best Examples of Government. Towards the Recovery, of the Hearts of the People, there be but 3. things in Naturâ Rerum. 1. Religion. 2. justice, and Protection. 3. Obligation, and Reward. For Religion, (to speak first of Piety, and then of Policy,) all Divines do agree; That if Consciences, be to be enforced, at all, (wherein yet they differ) two Things must precede their Enforcement: The one, Means of Instruction; The other, Time of Operation: Neither of which they have yet had. Besides, till they be more like Reasonable Men, than they are, their Society, were rather Scandalous to the true Religion, than otherwise; As Pearls cast before Swine; For till they be cleansed, from their Blood, Incontinency, and Theft, (which are now, not the Lapses, of particular Persons, but the very Laws of the Nation,) they are Incompatible, with Religion Reform. For Policy, there is no doubt, but to wrestle with them now, is directly opposite to their Reclaiming, and cannot but continue, their Alienation of Mind, from this Government. Besides, one of the principal Pretences, whereby the Heads of the Rebellion, have prevailed, both with the People, and with the Foreigner, hath been, the Defence, of the Catholic Religion: And it is that likewise, hath made the Foreigner, reciprocally, more plausible with the Rebel. Therefore a Toleration of Religion, (for a Time, not definite,) except it be in some Principal Towns, and Precincts; After the manner of some French Edicts, seemeth to me, to be a Matter, warrantable by Religion, and in Policy, of absolute Necessity. And the Hesitation, in this point, (I think,) hath been, a great Casting back, of the Affairs there. Neither if any English Papi●t, or Recusant, shall for Liberty of his Conscience, transfer his Person, Family, and Fortunes thither, do I hold it, a Matter of Danger, but expedient, to draw on Undertaking, and to further Population. Neither if Rome, will cozen itself, by Conceiving, it may be some Degree, to the like Toleration, in England, do I hold it, a matter of any Moment; But rather, a good Mean, to take off, the Fierceness, and Eagerness, of the Humour of Rome; And to stay, further Excommunications, or Interdictions, for Ireland. But there would go, hand in hand, with this, some Course of Advancing Religion, indeed, where the People is capable thereof: As the sending over, some good Preachers, especially of that Sort, which are vehement, and zealous Persuaders, and not Scholastical; To be resident in principal Towns; Endowing them, with some Stipends, out of her Majesty's Revenues; As her Majesty hath, most religiously, and graciously done, in Lancashire: And the Recontinuing, and Replenishing the College, begun at Dublin; The placing of good Men, to be Bishops there; And the Taking Care, of the Versions, of Bibles, Catechisms, and other Books of Instruction, into the Irish Language; And the like Religious Courses; Both for the Honour of God, and for the Avoiding of Scandal, and Insatisfaction here, by the show of a Toleration of Religion, in some parts there. For justice, the Barbarism, and Desolation of the Country, considered, it is not possible, they should find, any Sweetness at all, of Justice; If it shall be, (which hath been the Error, of Times past,) Formal, and fetched far off from the State; Because, it will require, running up and down, for Process; And give Occasion, for Polling, and Exactions by Fees; And many other Delays, and Charges. And therefore, there must be an Interim, in which, the justice must be only Summary; the rather, because it is fit, and safe, for a time, the Country do participate of Martial Government: And therefore, I could wish, in every principal Town, or Place, of Habitation, there were a Captain, or Governer; And a judge; such as Recorders, and Learned Stewards, are here in Corporations; who may have a Prerogative Commission, to hear, and determine, Secundum sanam Discretionem; And as near, as may be, to the Laws, and Customs of England; And that, by Bill, or Pleint, without Original Writ; Reserving from their Sentence, matter of Freehold, and Inheritance, to be determined, by a superior judge, Itinerant: And both Sentences, as well of the Bayliffwick judge, as Itinerant, to be reversed, (if Cause be,) before the Counsel, of the Province, to be established there, with fit Instructions. For Obligation, and Reward; It is true, (no doubt,) which was anciently said; That a State, is contained, in two Words, Praemium, and Poena. And I am persuaded, if a Penny in the Pound, which hath been spent i● Poenâ, (For this kind of War is but poena, a chastisement of Rebels, without Fruit, or Emolument, to this State;) had been spent in praemio, that is, in Rewarding, Things had never grown to this Extremity. But to speak forwards. The keeping of the Principal Irish persons, in Terms of Contentment, and without Cause of particular Complaint; And, generally, the Carrying of an even Course, between the English, and the Irish; Whether it be in Competition; or whether it be in Controversy; as if they were one Nation; (without that same partial Course, which hath been held, by the Governors, and Counsellors, there, that some have favoured the Irish, and some contrary;) Is one of the best Medicines of State. And as for other Points of Contentment; As the Countenancing of their Nobility, as well in this Court, as there; The Imparting of Knighthood; The Care, of Education, of their Children; And the like points of Comfort; They are Things, which fall into every Man's Consideration. For the Extirping, of the Seeds, of Troubles, I suppose, the main Roots are but three. The first, the Ambition, and Absoluteness, of the Chief of the Families, and Septs; The second, the licentious Idleness, of their Kerns, and Soldiers, that lie upon the Country, by Sesses, and such like Oppressions. And the Third, the barbarous Laws, Customs, their Brehen Laws, Habits of Apparel, their Poets or Heralds, that enchant them in Savage Manners, and sundry other such dregs, of Barbarism, and Rebellion; Which, by a Number, of Politic Statutes, of Ireland, meet to be pu● in Execution, are already forbidden; Unto which, such Additions may be made, as the present Time requireth. But the Deducing of this Branch, requireth a more particular Notice, of the State, and Manners there, than falls within my Compass. For Plantations, and Buildings, I do find it strange, that in the last Plot, for the Population of Munster, there were Limitations, how much in Demesn, and how much in Farm, and how much in Tenancy: Again, how many Buildings should be erected; How many Irish, in Mixture, should be admitted; And other things foreseen almost to Curiosity; But no Restraint, that they might vot build, sparsim, at their pleasure; Nor any Condition, that they should make place● Fortified, and Defensible: Which Omission was a strange Neglect, and Secureness, to my understanding. So as, for this last Point, of Plantations, and Buildings, there be two Considerations, which I hold most material; The one, for Quickening; And the other, for Assuring. The first is, that choice be made, of such Persons, for the Government, of Towns, and Places; And such Undertakers be procured, as be Men gracious, and well beloved, and are like to be well followed. Wherein, for Munster, it may be, (because it is not Res integra; but that the former Undertakers, stand interessed,) there will be some Difficulty: But surely, in mine Opinion, either by Agreeing with them, or by overruling them, with a Parliament, in Ireland; (which in this Course, of a Politic Proceeding, infinite Occasions, will require, speedily, to be held;) It will be fit, to supply, fit qualified Persons, of Undertakers. The other, that it be not left, (as heretofore,) to the Pleasure, of the Undertakers, and Adventurers, where, and how, to build, and plant; But that they do, according to a Prescript, or Formulary: For first, the Places, both Maritime, and Inland, which are fittest, for Colonies, or Garrisons; As well, for doubt of the Foreiner, as for the Keeping the Country, in Bridle, would be found, surveyed, and resolved upon: And that the Patentees, be tied, to build, in those places only, and to fortify, as shall be thought convenient. And lastly, it followeth of Course, in Countries, of new Populations, to invite, and provoke Inhabitants, by ample Liberties, and Charters. A Letter, of Recommendation, of his Service, to the Earl, of Northumberland, a few days, before Queen Elizabeth's death. It may please your good Lordship, AS the Time, of Sowing a Seed, is known, but the Time of Coming up, and Disclosing, is casual, or according to the Season; So, I am a Witness to myself, that there hath been covered, in my mind, a long time, a Seed of Affection, and Zeal, towards your Lordship, sown by the Estimation of your Virtues, and your particular Honours, and Favours, to my Brother Deceased, and myself: Which Seed still springing, now bursteth forth, into this Profession. And to be plain, with your Lordship, it is very true; (And no Winds, or Noises, of Civil Matters, can blow this, out of my Head, or Heart;) That your great Capacity, and Love, towards Studies, and Contemplations, of an higher, and worthier Nature, than Popular; (A Nature rare in the World, and in a person, of your Lordship's Quality, almost singular;) is to me, a great, and chief Motive, to draw my Affection, and Admiration, towards you. And therefore, good my Lord, if I may be, of any use, to your Lordship, by my Head, Tongue, or Penn, Means, or Friends, I humbly pray you, to hold me your own; And herewithal, not to do so much Disadvantage to my good Mind, nor Partly to your own Worth, as to conceive, that this Commendation, of my humble Service, proceedeth, out of any straits, of my Occasions, but merely, out of an Election, and indeed, the Fullness of my Heart: And so wishing your Lordship; all prosperity, I continue. A Letter, of Offer, of his Service, to his Majesty, upon his firs● Coming in. It may please your most excellent Majesty, IT is observed, upon a place, in the Canticles, by some; Ego sum Flos Campi, et Lilium Convallium, that à Dispari, it is not said, Ego sum Flos Horti, et Lilium Montium, because the Majesty of that Person, is not enclosed for a Few, nor appropriate to the Great. And yet, notwithstanding, this Royal Virtue of Access, which Nature, and Judgement, hath planted, in your Majesty's Mind, as the Portal of all the rest, could not, of itself, (my Imperfections considered,) have animated me, to have made Oblation, of myself, immediately, to your Majesty, had it not been joined, with an Habit, of the like Liberty, which I enjoyed, with my late dear Sovereign Mistress; A Princess, happy in all things else; but most happy in such a Successor. And yet further, and more nearly, I was not a little encouraged, not only, upon a Supposal, that unto your Majesty's Sacred Ear, (open to the Air of all Virtues,) there might come, some small Breath, of the good Memory of my Father, so long, a Principal Counsellor, in your Kingdom; But also, by the particular Knowledge, of the infinite Devotion, and incessant Endeavours, (beyond the strength of his Body, and the nature of the Times;) which appeared, in my good Brother, towards your Majesty's Service; And were, on your Majesty's part, through your singular Benignity, by many, most gracious, and lively, Significations, and Favours, accepted, and acknowledged, beyond the merit, of any thing, he could effect. Which Endeavours, and Duties, for the most part, were common, to myself, with him, though, by design, (as between Brethren,) dissembled. And therefore, most high, and mighty King, my most dear, and dread, Sovereign Lord; since now, the Corner Stone, is laid, of the mightiest Monarchy, in Europe; And that God above, who hath ever a Hand, in bridling the Floods, and Motions of the Seas, and of People's Hearts, hath, by the miraculous, and universal consent, (the more strange, because it proceedeth, from such Diversity of Causes, in your coming in;) Given a Sign, and Token, of great Happinnesse, in the Continuance of your Reign; I think, there is no Subject, of your Majesties, which loveth this Island, and is not hollow, or unworthy, whose Heart is not set on fire; Not only, to bring you Peace-Offrings, to make you propitious; But to sacrifice himself, a Burnt-Offring, or Holocaust, to your Majesty's Service: Amongst which number, no Man's Fire, shall be more pure, and fervent, than mine. But how far forth it shall blaze out, that resteth, in your Majesty's Employment. So thirsting, after the Happiness, of Kissing your Royal Hand, I continue ever. To Mr. Faults, in Scotland, upon the Entrance, of his Majesty's Reign. SIR, The Occasion awaketh in me, the Remembrance, of the constant, and mutual, good Offices, which passed, between my good Brother, and yourself: whereunto, (as you know,) I was not, altogether, a Stranger; Though the Time, and Design, (as between Brethren,) made me more reserved. But well do I bear in mind, the great opinion, which my Brother, (whose Judgement I much reverence,) would often express to me, of your Extraordinary Sufficiency, Dexterity, and Temper, which he had found in you, in the Business, and Service, of the King, our Sovereign Lord: This latter, bred in me, an Election, as the former gave an Inducement, for me, to address myself, to you; And to make this Signification, of my Desire, towards a mutual Entertainment, of good Affection, and Correspondence, between us; Hoping, that both some good Effect, may result of it, towards the King's Service; And that, for our particulars, though Occasion give you the precedence, of furthering my being known, by good note, unto the King; So no long time will intercede, before I, on my part, shall have some means given, to requite your Favours, and to verify your Commendation. And so, with my loving Commendations, good Mr. Faults, I leave you to God's Goodness. From Gray Inn, the 25th of March. A Letter, commending his Love, and Occasions, to Sir Thomas chaloner, then in Scotland, upon his Majesty's Entrance. SIR, For our Money matters, I am assured, you received no Insatisfaction: For you know my Mind; And you know my Means; which now, the Openness of the time, caused, by this blessed Consent, and Peace, will increase; And so our Agreement, according to your time, be observed. For the present, according to the Roman Adage; (That one Cluster of Grapes, ripeneth best besides another;) I know, you hold me not unworhty, whose mutual Friendship, you should cherish: And I, for my part, conceive good hope, that you are likely to become, an acceptable Servant, to the King, our Master: Not so much, for any way made heretofore, (which, in my Judgements will make no great difference,) as for the Stuff and Sufficiency, which, I know, to be in you; And whereof, I know, his Majesty, may reap great Service. And therefore, my general Request is, that according to that industrious Vivacity, which you use, towards your Friends, you will further his Majesty's good Conceit, and Inclination, towards me; To whom words, can not make me known; Neither mine own, nor others; but Time will, to no Disadvantage, of any, that shall fore-runn, his Majesty's Experience, by your Testimony, and Commendation. And though, Occasion give you the Precedence, of Doing me this special good Office; yet, I hope, no long time will intercede, before I shall have some means, to requite your Favour, and acquit your Report. More particularly, having thought good, to make Oblation, of my most humble Service, to his Majesty, by a few Lines, I do desire your loving care, and help, by yourself, or such Means, as I refer to your Discretion, to deliver, and present the same, to his Majesty's Hands. Of which Letter, I send you a Copy, that you may know, what you carry; And may take, of Mr. Matthew, the Letter itself; if you be pleased, to undertake the Delivery. Lastly, I do commend to yourself, and such your Courtesies, as Occasion may require, this Gentleman, Mr. Matthew; eldest Son, to my Lord Bishop, of Duresm, and my very good Friend; Assuring you, that any Courtesy, you shall use towards him, you shall use, to a very worthy young Gentleman, and one, I know, whose Acquaintance, you will much esteem. And so I ever continue. A Letter, to Mr. Davis, then gone to the King, at his first Entrance. MR. Davis, Though you went, on the sudden, yet you could not go, before you had spoken with yourself, to the purpose, which I will now write: And therefore, I know, it shall be altogether needless, save that I meant to show you, that I was not asleep. Briefly, I commend myself to your Love, and the well using my Name; As well in repressing, and answering for me, if there be any Biting, or nibbling at it, in that Place; As by imprinting a good Conceit, and Opinion of me, chiefly in the King; (of whose favour, I make myself, comfortable Assurance;) As otherwise in that Court: And not only so, but generally, to perform to me, all the good Offices, which the Vivacity of your Wit, can suggest, to your mind, to be performed to one, with whose Affection, you have so great Sympathy; And in whose Fortune, you have so great Interest. So desiring you to be good, to concealed Poets, I continue. A Letter, to Mr. Faults. 28 Martii, 1603. MR. Faults, I did write unto you, yesterday, by Mr. Lake, (who was dispatched hence, from their Lordships,) a Letter, of Revivour, of those Sparks of former Acquaintance, between us, in my Brother's time: And now, upon the same Confidence, finding so fit a Messenger, I would not fail to salute you; Hoping it will fall out so happily, as that you shall be one, of the King's Servants, which his Majesty, will first employ, here with us: where, I hope, to have some means, not to be barren, in Friendship, towards you. We all thirst, after the Kings Coming, accounting all this, but as the Dawning, of the Day; before the Rising, of the Sun, till we have his Presence. And though, now, his Majesty, must be janus Bifrons, to have a Face to Scotland, as well as to England, yet, Quod nunc instat agendum: The Expectation is here, that he will come in State, and not in Strength. So for this time, I commend you to God's Goodness. A Letter, to Mr. Robert Kempe, upon the Death of Queen Elizabeth. MR. Kempe, This Alteration is so great, as you might justly conceive, some Coldness of my Affection towards you, if you should hear nothing from me, I living in this Place. It is in vain to tell you, with what wonderful Still, and Calm, this Wheel is turned round: Which, whether it be, a Remnant, of her Felicity, that is gone, or a Fruit, of his Reputation, that is coming, I will not determine. For I cannot, but divide myself, between her Memory, and his Name: Yet we account it, but a fair Morn before Sunrising, before his Majesty's Presence; Though, for my part, I see not, whence any weather should arise. The Papists are contained, with Fear enough, and Hope too much. The French, is thought to turn his Practice, upon procuring, some Disturbance in Scotland, where Crowns may do wonders: But this Day, is so welcome to the Nation, and the time so short, as I do not fear the Effect. My Lord of Southampton, expecteth Release, by the next Dispatch, and is already much visited, and much well wished. There is continual posting, by Men of good Quality, towards the King. The rather, I think, because this Spring time, it is but a kind of Sport. It is hoped, that as the State here, hath performed the part, of good Attorneys, to deliver the King, quiet Possession, of his Kingdoms: So the King, will redeliver them, quiet Possession of their Places; Rather filling Places void, than removing Men placed. So, etc. A Letter, to my Lord of Northumberland, mentioning a Proclamation, drawn for the King, at his Entrance. It may please your Lordship, I Do hold it, a Thing formal, and necessary, for the King, to fore-runn his Coming, (be it never so speedy,) with some Gracious Declaration, for the Cherishing, Entertaining and preparing, of men's Affections. For which purpose, I have conceived a Draught, it being a thing familiar in my Mistress her times, to have my Pen used, in Public Writings, of Satisfaction. The Use of this, may be, in two sorts: First, properly, if your L●rdship●hink ●hink it convenient, to show the King any such Dr●●ght, because the Veins, and Pulses, of this St●te, cannot been be● be●● known here; which if your Lordship should do, than I would desire you, to withdraw my Name, and only signifie● that you ●ave some Heads of Direction, of such a Matter, to one, o● whose Style, and Penn, you had some Opinion. The other, Collateral● The● though your Lordship, make no other use of it, yet it is a Kin●e o● Portraiture, of that, which I think, worthy to be advised, by your Lordship, to the King; And, perhaps, more compendious, and significant, than if I had set them down in Articles. I would have attended your Lordship, but for some little Physic, I took. To morrow morning, I will wait on you. So I ever, etc. A Letter, to the Earl of Southampton, upon the Kings Coming in. It may please your Lordship, I Would have been very glad, to have presented, my humble Service, to your Lordship, by my attendance, if I could have foreseen, that it should not have been, unpleasing unto you. And therefore, because I would commit no Error, I chose to write; Assuring your Lordship, how credible soever, it may seem to you, at first, yet it is as true, as a Thing, that God knoweth; That this great Change, hath wrought in me, no other Change, towards your Lordship, than this; That I may safely be now, that which I was truly before. And so craving no other pardon, than for troubling you, with my Letter, I do not now begin to be, but continue to be, Your Lordship's humble and much devoted. A Letter, to the Earl of Northumberland, after he had been with the King. It may please your good Lordship, I Would not have lost this Journey, and yet I have not that I went for. For I have had no private Conference, to purpo●e● with the King. No more, hath almost any other English: For the Speech, his Majesty admitteth, with some Noblemen, is rather, Matter of Grace, than Matter of Business; With the Attorney he spoke, urged by the Treasurer of Scotland, but no more than needs must. After I had received his Majesty's first Welcome, and was promised private Access, yet not knowing, what matter of Service, your Lordship's Letter carried, (for I saw it not;) And well knowing, that Primeness in Advertisement, is much, I chose, rather, to deliver it to Sir Tho. Heskins, than to cool it, in mine own Hands, upon Expectation of Access. Your Lordship shall find a Prince, the furthest from Vainglory, that may be; And rather, like a Prince, of the ancient Form, than of the latter Time: His Speech is swift, and Cursory, and in the full Dialect of his Country, And in Speech of Business short, in Speech of Discourse large: He affecteth Popularity, by gracing such, as he hath heard, to be Popular, and not by any Fashions of his own. He is thought somewhat general, in his Favours; And his Virtue of Access, is rather, because he is much abroad, and in Press, than that he giveth easy Audience. He hasteneth, to a mixture, of both Kingdoms, and Occasions, faster perhaps, than Policy will well bear. I told your Lordship, once before, that (methought) his Majesty rather asked Counsel, of the time past, than of the time to come. But it is yet early, to ground any Settled Opinion. For the particulars, I refer to conference, having in these generals, gone further, in so tender an Argument, than I would have done, were not the Bearer hereof so assured. So I continue, etc. A Letter, to Mr. Pierce, Secretary, to the Deputy of IRELAND. Mr. Pierce, I Am glad to hear of you, as I do; And for my part, you shall find me ready, to take any Occasion, to further your credit, and preferment: And I dare assure you, (though I am no Undertaker,) to prepare your way with my Lord of Salisbury, for any good Fortune, which may befall you. You teach me to complain of Business; whereby I write the more briefly; And yet I am so unjust, as that which I allege for mine own Excuse, I cannot admit for yours. For I must, by Expecting, exact your Letters, with this Fruit, of your Sufficiency, as to understand, how things pass, in that Kingdom. And therefore, having begun, I pray you continue. This is not merely Curiosity, for I have ever, (I know not by what Instinct,) wished well, to that impollished part of this Crown. And so, with my very loving Commendations, I remain. A Letter, to the King, upon presenting the Discourse, touching the Plantation, of Ireland. It may please your excellent Majesty, I Know not better how to express, my good wishes of a New Year, to your Majesty, than by this little Book, which in all humbleness, I send you. The Style, is a Style of Business, rather than Curious, or Elaborate. And herein, I was encouraged, by my Experience, of your Majesty's former grace, in accepting of the like poor Field-Fruits, touching the Union: And certainly, I reckon this Action, as a Second Brother, to the Union. For I assure myself, that England, Scotland, and Ireland, well united, is such a Trifoile, as no Prince, except yourself, (who are the worthiest) weareth in his Crown, Si potentia reducatur in Actum. I know well, that for me, to beat my Brains, about these things, they be Majora quam pro Fortuna; But yet they be, Minora quam pro Study, as Voluntate. For as I do yet bear, an extreme Zeal, to the Memory, of my old Mistress, Queen Elizabeth; To whom, I was rather bound, for her Trust, than her Favour; So I must acknowledge myself, more bound, to your Majesty, both for Trust, and Favour; whereof, I will never deceive the one, as I can never deserve the other. And so in all humbleness, kissing your Majesty's sacred hands, I remain. A Letter, to the Lord Chancellor, touching the History, of Britain. It may please your good Lordship, SOme late Act of his Majesty, referred to some former Speech, which I have heard from your Lordship, bred in me, a great Desire; And the strength of Desire, a Boldness, to make an humble Proposition, to your Lordship; Such, as in me, can be no better, than a Wish: But, if your Lordship should apprehend it, it may take, some good, and worthy, Effect. The Act, I speak of, is the Order, given by his Majesty, for the Erection of a Tomb, or Monument, for our late Sovereign, Queen Elizabeth; Wherein I may note much, but only this, at this time; that as her Majesty, did always right, to his Majesty's Hopes; So his Highness, doth, in all things, Right to her Memory; A very just, and Princely Re●tribution. But from this Occasion, by a very easy Ascent, I passed further, being put in mind, by this Representative, of her Person, of the more true, and more vive, Representation, which is of ●er Life, and Government: For as Statues, and Pictures, are dumb Histories, so Histories, are speaking Pictures: wherein, if my Affection, be not too great, or my Reading too small, I am of this Opinion; That if Plutarch, were alive, to write Lives, by Parallels, it would trouble him, for Virtue, and Fortune both, to find for her, a Parallel, amongst Women. And though she was of the Passive Sex, yet her Government, was so Active, as in my simple Opinion, it made more Impression, upon the several States of Europe, than it received from thence. But, I confess, unto your Lordship, I could not stay there, but went a little further, into the Consideration of the Times, which have passed, since King Henry the 8th; wherein I find the strangest Variety, that, in so little Number, of Successions of any Hereditary Monarchy, hath ever been known: The Reign of a Child: The offer of an Usurpation, though it were but as a Diary Ague; The Reign, of a Lady, married, to a Foreiner; And the Reign, of a Lady, Solitary, and Unmarried; So that, as it cometh to pass, in Massive Bodies; That they have certain Trepidations, and Waver, before they fix, and settle; So it seemeth, that by the Providence of God, this Monarchy, (before it was to settle in his Majesty, and his Generations; In which, I hope, it is now established, for ever;) Hath had these Prelusive changes, in these Barren Princes. Neither, could I contain myself here; (As it is easier to multiply, than to stay a Wish;) But calling to Remembrance, the Unworthiness, of the History of England, in the main continuance thereof; And the Partiality, and Obliquity, of that of Scotland, in the latest, and largest Offer, that I have seen; I conceived, it would be Honour, for his Majesty, and a work very memorable, if this Island of Great Britain, as it is now joined, in Monarchy, for the Ages to come; so it were joined in History, for the Times past; And that one Just, and complete, History, were compiled, of both Nations. And if any Man think, it may refresh the Memory, of former Discords, he may satisfy himself with the Verse; Olim haec meminisse juvabit. For the Case being now altered, it is Matter of Comfort, and Gratulation, to remember former Troubles. Thus much, if it may please your Lordship, is in the Optative Mood. It is time, that I did, Look a little, into the Potential: wherein the Hope, which I conceived, was grounded, upon 3. Observations. The First, the Nature of these Times, which flourish in Learning, both of Art, and Language: which giveth Hope, not only that it may be done, but that it may be well done. Secondly, I do see that, which all the World see's, in his Majesty, both a wonderful Judgement in Learning, and a singular Affection towards Learning; And works, which are of the Mind, and not of the Hand. For there cannot be, the like Honour sought, in building of Galleries, and Planting of Elms, along highways, and the outward Ornaments, wherein France now is busy; (Things rather of Magnificence, than of Magnanimity;) As there is, in the Uniting of States, Pacifying of Controversies, Nourishing, and Augmenting, of Learning, and Arts, and the particular Actions appertaining unto these; Of which kind, Cicero judged truly, when he said to Caesar; Quantum Operibus tuis detrahet Vetustas, tantum addet laudibus. And lastly, I call to mind, that your Lordship, at some times, had been pleased, to express unto me, a great desire, that something of this Nature should be performed; Answerable, indeed, to your other noble, and worthy, Courses, and Actions: Joining, and adding, unto the great Services, towards his Majesty; (which have, in small Compass of Time, been put upon your Lordship,) other great Deservings, both of the Church, and Commonwealth, and Particulars: So as the Opinion, of so great, and wise a Man, doth seem to me, a good Warrant, both of the Possibility, and Worth, of this Matter. But all this while, I assure myself, I cannot be mistaken, by your Lordship, as if I sought an Office, or Employment for myself: For no Man knows better, than your Lordship, that if, there were in me, any Faculty thereunto, yet neither my Course of Life, nor Profession, would permit it: But because there be so many good Painters, both for Hand, and Colours, it needeth but Encouragement, and Instructions, to give Life unto it. So, in all Humbleness, I conclude, my presenting unto your Lordship, of this Wish; which, if it perish, it is but a loss of that, which is not: And so craving pardon, that I have taken so much time, from your Lordship, I remain. A Letter to the King, upon the sending unto him, a Beginning, of an History, of his Majesty's Times. It may please your Majesty, HEaring, that you are at leisure, to peruse Stories, a desire took me, to make an Experiment, what I could do, in your Majesty's times; which being, but a Leaf, or two, I pray your pardon, if I send it, for your Recreation; Considering, that Love must creep, where it cannot go. But to this, I add, these Petitions. First, that if your Majesty do dislike any thing, you would conceive, I can amend it, upon your least beck. Next, that if I have not spoken, of your Majesty, Encomiastically, your Majesty, would be pleased, only to ascribe it, to the Law, of an History; which doth not clutter together praises, upon the first mention of a Name, but rather disperseth, and weaveth them, through the whole Narrative. And as for the Proper place, of Commemoration, (which is in the Period of Life,) I pray God, I may never live, to write it. T●irdly, that the reason, why I presumed to think of this Oblation, was because, whatsoever my Disability be, yet I shall have that Advantage, which, (almost) no Writer of History, hath had; In that, I shall write of Times, not only since I could Remember, but since I could observe. And lastly, that it is only, for your Majesty's Reading. A Letter, to the Earl of Salisbury, upon sending of him, one of his Books, of Advancement of Learning. IT may please your good Lordship; I present your Lordship, with a Work, of my vacant time; which if it had been more, the Work had been better. It appertaineth to your Lordship, (besides my particular respects,) in some Propriety; In regard, you are a great Governer, in a Province of Learning. And (that which is more) you have added to your Place, Affection towards Learning; And to your Affection, Judgement. Of which, the last, I could be content, were, (for the time,) less, that you might the less tightly Censure, that which I offer unto you. But sure I am, the Argument is good, if it had lighted upon a good Author. But I shall content myself, to awake better Spirits; Like a Bell-ringer, which is first up, to call others to Church. So with my humble Desire, of your Lordship's good Acceptation, I remain. A Letter, to the Lord Treasurer, Buckhurst, upon the like Argument. MAy it please your good Lordship; I have finished a Work, touching the Advancement, or Setting forward of Learning; which I have dedicated to his Majesty; the most learned, of a Sovereign, or Temporal Prince, that Time, hath known. And upon rea●on, not unlike, I humbly present, one of the Books, to your Lordship: Not only, as a chancellor, of an University, but as one, that was excellently bred, in all Learning; which I have ever noted, to shine, in all your Speeches, and Behaviours. And therefore your Lordship, will yield a gracious Aspect, to your first Love; And take pleasure, in the Adorning of that, wherewith yourself are so much adorned. And so humbly desiring your favourable Acceptation thereof, with Signification of humble Duty, I remain. A Letter, of the like Argument, to the LORD chancellor. MAy it please your good Lordship; I humbly present your Lordship, with a Work; wherein, as you have much Commandment, over the Author: So your Lordship, hath also great Interest, in th● Argument: For to speak without Flattery, few have like use of Learning, or like Judgement in Learning, as I have observed in your Lordship. And again, your Lordship, hath been a great Planter of Learning; Not only, in those places, in the Church, which have been in your own Gift; But also, in your Commendatory Vote, no man hath more constantly held; Detur Digniori: And therefore, both your Lordship, is beholding to Learning, and Learning beholding to you; Which maketh me presume, with good Assurance, that your Lordship, will accept well of these my Labours; The rather, because your Lordship, in private Speech, hath often begun to me, in expressing, your Admiration, of his Majesty's learning, to whom I have dedicated this Work● And whose Virtue, and Perfection, in that kind, did chiefly move me, to a Work of this Nature. And so, with Signification, of my most humble Duty, and Affection, to your Lordship, I remain. A Letter, of like Argument, to the Earl of Northampton, with request, to Present the Book, to his Majesty. It may please your good Lordship; HAving finished a Work, touching the Advancement of Learning, and dedicated the same, to his Sacred Majesty, whom I dare avouch, (if the Records of Time err not,) to be the learnedest King, that hath reigned; I was desirous, in a kind of Congruity, to present it, by the learnedest Counsellor, in this Kingdom; To the end, that so good an Argument, lighting upon so bad an Author, might receive some Reputation, by the Hands, into which, and by which, it should be delivered. And therefore, I make it, my humble S●t●, to your Lordship, to present this mean, but well meant Writing, to his Majesty, and with it, my humble, and zealous Duty; And also, my like humble request of Pardon, if I have too often, taken his name in Vain; Not only in the Dedication, but in the Voucher, of the Authority, of his Speeches, and Writings. And so I remain. A Letter, of Request, to Dr. playfere, to Translate the Book, of Advancement of Learning, into Latin. Mr. Dr. playfere: A Great Desire, will take a small Occasion; to hope, and put in Trial, that which is desired. It pleased you, a good while since, to express unto me, the good Liking, which you conceived, of my Book, of the Advancement of Learning; and that more Significantly, (as it seemed to me,) than out of Courtesy, or Civil Respect. Myself, as I then took Contentment, in your Approbation thereof; So I should esteem, and acknowledge, not only my Contentment increased, but my Labours advanced, if I might obtain your help, in that nature which I desire. Wherein, before I set down, in plain Terms, my request unto you, I will open myself, what it was, which I chiefly sought, and propounded, to myself, in that Work; That you may perceive, that which I now desire, to be pursuant thereupon. If I do not much err, (For any Judgement, that a Man maketh, of his own Doings, had need be spoken, with a Si nunquam fallit Imago,) I have this Opinion, that if I had sought mine own Commendation, it had been, a much fitter Course ●or me, to have done, as Gardeners used to do, by taking their Seed, and Slips, and rearing them first into Plants, and so uttering them in Pots, wh●n they are in Flower, and in their best State. But for as much, as my End, was Merit, of the State of Learning, (to my Power,) and not Glory; And because my purpose was, rather to Excite, other men's Wits, than to magnify mine own; I was desirous, to prevent the uncertainness, of mine own Life, & Times, by uttering rather Seeds, than Plants: Nay, and further, (as the Proverb is,) by sowing with the Basket, rather than with the Hand: Wherefore, since I have only taken upon me, to ring a Bell, to call other wits together, (which is the meanest Office,) it cannot but be consonant to my Desire, to have that Bell heard, as far as can be. And since they are but Sparks, which can work but upon Matter prepared, I have the more reason, to wish, that those Sparks may fly abroad, That they may the better find, and light, upon those Minds, and Spirits, which are apt to be kindled. And therefore, the Privateness of the Language considered, wherein it is written, excluding so many Readers; As on the other side, the Obscurity of the Argument, in many parts of it, excludeth many others; I must account it, a Second Birth, of that Work, if it might be translated into Latin, without manifest loss, of the Sense, and Matter. For this purpose, I could not represent to myself, any Man, into whose hands, I do more earnestly desire, that Work should fall, than yourself: For by that, I have heard, and read, I know no Man, a greater Master, in Commanding Words, to serve Matter. Nevertheless, I am not ignorant of the worth of your Labours; Whether such as your Place, and Profession imposeth; Or such, as your own Virtue, may, upon your Voluntary Election, take in hand. But I can lay before you, no other persuasions, than either the Work itself, may affect you with; Or the Honour, of his Majesty, to whom it is dedicated; Or your Particular Inclination to myself; who, as I never took so much comfort, in any Labours of mine own, so I shall never acknowledge myself, more obliged, in any thing, to the Labour of another, than in that, which shall assist it. Which your labour, if I can, by my Place, Profession, Means, Friends, Travel, Work, Deed, requite unto you, I shall esteem myself, so straight bound thereunto, as I shall be ever most ready, both to take, and seek, occasion of Thankfulness. So leaving it, nevertheless, Salv● amicitiâ, (as reason is,) to your own good Liking, I remain, A Letter, to Sir Thomas Bodley, upon sending of him, his Book, of Advancement of Learning. I Think, no Man, may more truly say, with the Psalm, Multùm Incola fuit Anima mea, than myself, For I do confess, since I was of any Understanding, my Mind, hath, in Effect, been absent from that I have done: And in Absence, are many Errors, which I do willingly acknowledge; And amongst the rest, this great one, that led the rest; That knowing myself, by inward Calling, to be fitter, to hold a Book, than to play a part, I have led my life in Civil Causes; For which I was not very fit by Nature, and more unfit, by the preoccupation of my Mind. Therefore calling myself home, I have now, for a time, enjoyed myself; whereof, likewise, I desire, to make the World partaker. My Labours, (if I may so term that, which was the Comfort, of my other Labours,) I have Dedicated to the King; Desirous, if there be any Good in them, it may be, as the Fat of a Sacrifice, incensed to his Honour; And the second Copy, I have sent unto you; Not only, in good Affection, but in a kind of Congruity, in regard, of your great, and rare desert, of Learning. For Bocks, are the Shrines, where the Saint is, or is believed to be. And you, having built an Ark, to save Learning, from Deluge, deserve Propriety, in any new Instrument, or Engine, whereby Learning, should be improved or advanced. A Letter, to the Bishop of Ely, upon sending his Writing, entitled, Cogitata, & Visa. MY very good Lord: Now your Lordship, hath been so long in the Church, and the Palace, disputing, between Kings, and Popes; Methinks, you should take pleasure, To look into the Field, and refresh your mind, with some Matter, of Philosophy; Though that Science, be now, through Age, waxed a Child again, and left to Boys, and young men. And because you were wont to make me believe, you took liking to my Writings, I send you some of this Vacations Fruits; And thus much more, of my mind, and purpose. I hasten not to Publish; perishing I would prevent. And I am forced, to respect, as well my Times, as the Matter. For with me it is thus; and I think with all Men in my Case: If I bind myself, to an Argument, it loadeth my Mind: But if I rid my Mind, of the present Cogitation, it is rather a Recreation. This hath put me into these Miscellanies; which I purpose to suppress, if God give me leave, to write, a just, and perfect Volume, of Philosophy, which I go on with, though slowly. I send not your Lordship, too much, lest it may glut you. Now let me tell you, what my Desire is: If your Lordship be so good now, as when you were, the good Dean of Westminster, my request to you is; That not by Pricks, but by Notes, you would mark unto me, whatsoever shall seem unto you, either not current in the Style; Or harsh to credit, and Opinion; Or inconvenient, for the Person, of the Writer. For no Man, can be Judge, and Party: And when our Minds judge, by Reflection of ourselves, they are more subject to Error. And though, for the Matter itself, my Judgement, be, in some things, fixed, and not Accessible by any Man's Judgement, that goeth not my way; yet even in those Things, the Admonition of a Friend, may make me, express myself, di●versly. I would have come to your Lordship, but that I am hastening to my House, in the Country. And so I commend your Lordship to God's Goodness. A Letter, to Sir Tho: Bodley, after he had imparted to him, a Writing, entitled, Cogitata, & Visa: SIR, in respect of my Going down, to my House, in the Country, I shall have miss of my Papers; which I pray you therefore ●o return unto me. You are, I bear you witness, Slothful, and you help me nothing: So as I am half in conceit, that you affect not the Argument: For myself, I know well, you love, and affect. I can say no more to you, But, Non canimns Surdis, respondent omnia Sylvae. If you be not of the Lodgings, chaulked up, (whereof I speak in my Preface,) I am but to pass by your Door. But if I had you, but a Fortnight, at Gorhambury, I would make you tell me another Tale; or else, I would add a Cogitation, against Libraries, and be revenged on you, that way. I pray, send me some good News, of Sir Tho: Smith; And commend me very kindly to him. So I rest. A Letter, to Mr. Matthew, upon sending to him, a part, of Instauratio Magna. MR. Matthew; I plainly perceive, by your affectionate writing, touching my Work, that one, and the same Thing, affecteth us both; which is, the good End, to which it is dedicate. For as to any Ability of mine, it cannot merit, that Degree, of Approbation. For your Caution for Church Men, and Church Matters; As for any Impediment, it might be, to the Applause, and Celebrity, of my Work; It moveth me not; But as it may hinder the Fruit, and Good, which may come, of a quiet, and calm, passage, to the good Port, to which it is bound, I hold it a just respect; So as to fetch a fair Wind, I go not too far about. But the Troth is, that I, at all, have no occasion, to meet them, in my way; Except it be, as they will needs confederate themselves, with Aristotle, who, you know, is intemperately magnifyed, by the Schoolmen; And is also allied, as I take it, to the jesuits, by Faber, who was a Companion, of Loyola, and a great Aristotelian. I send you, at this time, the only part, which hath any Harshness; And yet, I framed to myself, an Opinion, that whosoever allowed well, of that Preface, which you so much commend, will not dislike, or at least ought not to dislike, this other Speech of Preparation: For it is written, out of the same Spirit, and out of the same Necessity: Nay, it doth more fully lay open, that the Question between me, and the Ancients, is not, of the Virtue, of the Race, but of the Rightness, of the Way. And to speak truth, it is to the other, but as Palma to Pagnus, part of the same Thing, more large. You conceive a rig●t, that in this, and the other, you have Commission, to impart, and communicate them, to others, According to your Discretion. Other Matters I write not of. Myself, am like the Miller of Grancester, that was wont to pray, for Peace, amongst the Willows; For while the winds blue, the Windmills wrought, and the Water-mill, was less customed. So I see, that Controversies of Religion, must hinder the Advancement of Sciences. Let me conclude, with my perpetual Wish, towards yourself; That the Approbation of yourself, by your own discreet, and temperate, Carriage, may restore you to your Country, and your Friends, to your Society. And so I commend you, to God's Goodness. Gray Inn, 10 Octob. 1609. A Letter, to Mr. Matthew, touching Instauratio Magna. MR. Matthew, I heartily thank you, for your Le●ter, of the 10th of February; And am glad, to receive, from you, Matter, both of Encouragement, and of Advertisement, touching my Writings. For my part, I do wish, that since there is, no Lumen-siccum, in the World; But all Madidum, and Maceratum, infused in Affections, and Bloods or Humours, that these Things of mine, had those Separations, that might make them more acceptable: So that they claim not, so much Acquaintance, of the present times, as they be thereby, the less apt to last. And to show you, that I have some Purpose, to new mould them; I send you, a Leaf, or two, of the Preface, carrying some Figure of the whole Work. Wherein, I purpose, to take that, which I count real, and ●ffectual, of both Writings; And chiefly, to add a Pledge, (if not Payment,) to my Promises, I send you also, a Memorial, of Queen Elizabe●h; To requite your Elegy, of the late Duke of Florence's, Felicity. Of this, when you were here, I showed you some Model; At what time, (methought,) you were more willing, to hear julius Caesar, than Queen Elizabeth, commended. But this, which I send, is more full, and hath more of the Narrative. And further, hath one part, that, I think, will not be disagreeable, either to you, or that Place; Being the true Tract, of her Proceedings, towards the Catholics, which are infinitely mistaken. And though I do not imagine, they will pass allowance there, yet they will gain upon Excuse. I find Mr. Le-Zure, to use you well, (I mean his Tongue of you,) which shows you, either honest, or wise. But this I speak merrily. For in good faith, I do conceive hope, that you will so govern yourself, as we may take you, as assuredly for a good Subject, and Patriot, as you take yourself for a good Christian● And so we may again enjoy your Company, and you your Conscience, if it may no other ways be. For my part, assure yourself, (as we say in the Law,) mutatis mutandis, my love, and good wishes to you, are not diminished. And so I remain. A Letter, to Mr. Matthew, imprisoned for RELIGION. MR. Matthew; Do not think me forgetful, or altered towards you. But if I should say, I could do you any good, I should make my Power, more than it is. I do hear that, which I am right sorry for; That you grow more Impatient, and Busy, than at first: which maketh me exceedingly fear the issue of that, which seemeth not to stand at a stay. I myself, am out of doubt, that you have been miserably abused, when you were first seduced: But that, which I take in Compassion, others may take in Severity. I pray God, that understandeth us all, (better than we understand one another,) contain you, (even as I hope he will,) at the least, within the Bounds of Loyalty to his Majesty, and Natural Piety towards your Country. And I entreat you much, sometimes, to meditate, upon the extreme Effects of Superstition, in this last Powder Treason; fit to be tabled, and pictured, in the Chambers of Meditation, as another Hell, above the Ground; And well justifying, the Censure of the Heathen; That Superstition is far worse than Atheism: By how much it is less evil, to have no Opinion, of God at all; than such as is impious, towards his Divine Majesty, and Goodness. Good Mr. Matthew, receive yourself back, from these Courses, of Perdition: Willing to have written a great deal more, I continue. A Letter, to Mr. Matthew, upon sending his Book, De Sapientiâ Veterum. MR. Matthew, I do very heartily thank you, for your Letter of the 24. of August, from Salamanca; And, in recompense thereof, I send you, a little Work of mine, that hath begun, to pass the World. They tell me, my Latin, is turned into Silver, and become current: Had you been here, you should have been my Inquisitor, before it came forth. But I think, the greatest Inquisitor in Spain, will allow it. But one thing, you must pardon me, if I make no haste to believe, T●at the World should be grown to such an Ecstasy, as to reject Truth in Philosophy, because the Author dissenteth in Religion: No more than they do, by Aristotle, or Averroës. My great Work goeth forward; And after my manner, I alter ever, when I add. So that nothing is finished, till all be finished. This I have written, in the midst, of a Term, and Parliament; Thinking no time so possessed, but that I should talk of these Matters, with so good, and dear a Friend. And so, with my wont Wishes, I leave you to God's Goodness. From Gray Inn, 27th of Febr. 1610. A Letter, of Expostulation, to the Attorney General, Sir Edward Cook. MR. Attorney, I thought best, once for all, to let you know, in plainness, what I find of you, and what you shall find of me: You take to yourself, a Liberty, to disgrace, and disable my Law, my Experience, my Discretion: What it pleaseth you, I pray, think of me; I am one, that knows both mine own wants, and other men's: And it may be, perchance, that mine mend, others stand at a stay. And surely, I may not endure, in public place, to be wronged, without repelling the same, to my best advantage, to right myself. You are great, and therefore have the more Enviers; which would be glad, to have you paid, at another's cost. Since the time, I miss the Solicitors place, (the rather I think by your means,) I cannot expect, that you, and I shall ever serve, as Attorney, and Solicitor, together; But either, to serve with another, upon your Remove, or to step into some other Course: So as, I am more free, than ever I was, from any Occasion, of unworthy Conforming myself to you; More than general good manners, or your particular good Usage, shall provoke. And if you had not been, short sighted, in your own Fortune, (as I think,) you might have had more use of me. But that Tide is passed. I write not this, to show my Friends, what a brave Letter, I have written, to Mr. Attorney: I have none of those Humours: But that I have written, is to a good End; That is, to the more decent Carriage, of my Master's Service; And to our particular, better Understanding One of Another. This Letter, if it shall be answered by you, in deed, and not in word, I suppose, it will not be worse, for us both: Else it is but a few Lines lost; which, for a much smaller Matter, I would have adventured. So this being to yourself, I for my part rest. A Letter, to my Lord of Salisbury, touching the Solicitors Place. It may please your good Lordship, I Am not ignorant, how mean a Thing, I stand for, in desiring to come, into the Solicitors Place: For I know well, it is not the Thing it hath been; Time having wrought Alteration, both in the Profession, and in that special Place. Yet because, I think, it will increase my practice, and that it may satisfy my Friends; And because I have been voiced to it, I would be glad it were done. Wherein, I may say to your Lordship, in the Confidence, of your poor Kinsman, and of a Man, by you advanced; Tu idem fer opem, qui Spem dedist●: For, I am sure, it was not possible, for a Man Living, to have received, from another, more significant, and comfortable, words of Hope; your Lordship being pleased, to tell me, during the Course of my last Service, that you would raise me; And that, when you had resolved, to raise a Man, you were more careful of him, than himself; And that, what you had done for me, in my Marriage, was a benefit to me, but of no use, to your Lordship; And therefore, I might assure myself, you would not leave me there; with many like Speeches, which I knew, my Duty too well, to take any other hold of, than the Hold, of a Thankful Remembrance. And I acknowledge, and all the World knoweth, that your Lordship, is no Dealer, of Holy Water, but Noble, and Real; And, on my part, I am of a sure ground, that I have committed nothing, that may deserve alteration. And therefore, my Hope is, your Lordship, will finish a good Work, and consider, that Time groweth precious with me, and that I am now in Vergentibus Annis. And although I know, that your Fortune is not to need, an Hundred such as I am, yet I shall be ever ready, to give you my best, and First fruits; And to supply, (as much as in me lieth,) Worthiness, by Thankfulness A Letter, of like Argument, to the LORD CHANCELLOR. It may please your good Lordship, AS I conceived it to be a Resolution, both with his Majesty, and your Lordships of his Council, that I should be placed Sollic●●●●, and the Solicitor, to be removed, to be the King's Sergeant: So I most thankfully acknowledge, your Lordship's furtherance, and forwardness therein; your Lordship, being the Man, that first devised the Mean: Wherefore, my humble Request, to your Lordship is, that you would set in, with some Strength, to finish this your Work: Which I assure your Lordship, I desire the rather, because being placed, I hope, for many Favours, at last, to be able, to do you some better Service. For as I am, your Lordship cannot use me; nor scarcely indeed know me: Not that I vainly think, I shall be able, to do any great Matters, but certainly, it will ●rame me to use a nearer Observance, and Application, to such, as I honour so much, as I do your Lordship; And not, (I hope●) without some good Offices, which may, now and then, deserve your Thanks. And herewithal, (good my Lord,) I humbly pray your Lordship, to consider, that Time groweth precious with me, and that a Married Man, is 7. years elder, in his thoughts, the first day. And therefore, what a uncomfortable Thing it is for me, to be unsettled still? Certainly, were it not, that I think myself born, to do my Sovereign Service; And therefore, in that Station, I will live and die; Otherwise, for mine own Private comfort, it were better for me, that the King, did blot me out of his Book; Or that I should turn my Course, to endeavour, to serve, in some other kind, than for me, to stand thus at a stop; And to have that little Reputation, which by my Industry I gather, to be scattered, and taken away, by continual Disgraces, every new Man coming above me. Sure I am, I shall never have fairer Promises, and Words, from all your Lordships. For I know not what my Services are, (saving that your Lordships told me, they were good;) And I would believe you, in a much greater Matter. Were it nothing else, I hope the Modesty of my Suit, deserveth somewhat; For I know well, the Solicitors Place, is not as your Lordship, left it; Time working Alteration, somewhat in the Profession, much more in that special Place. But to conclude, as my Honourable Lady, your Wife, was some Mean, to make me, to change the Name of Another; So if it please you, to help me, to change mine own Name, I can be, but more and more bounden to you: And I am much deceived, if your Lordship, find not the King, well inclined, and my Lord of Salisbury forward, and affectionate. A Letter, to the King, touching the Solicitors Place. HOw honestly ready I have been (most gracious Sovereign,) to do your Majesty humble Service, to the best of my power, and in a manner, beyond my power, (as I now stand,) I am not so unfortunate, but your Majesty knoweth. For both, in the Commission of Union, (the Labour whereof, for Men of my Profession, rested most upon my hand;) And this last Parliament, in the Bill of the Subsidy; Both Body and Preamble; In the Bill of Attainders, both Tresham, and the rest; In the Matter of Purveyance; In the Ecclesiastical Petitions; In the Grievances; And the like; as I was ever careful, (and not without good Success,) sometimes to put forward, that which was good; sometimes to keep back, that which was not so good; So your Majesty was pleased, kindly to accept of my Services, and to say to me; Such Conflicts were the Wars of Peace; And such Victories the Victories of Peace; And therefore such Servants, that obtained them, were by Kings, that reign in Peace; no less to be esteemed, than Services of Commanders in the Wars. In all which, nevertheless, I can challenge, to myself, no Sufficiency, but that I was diligent, and reasonable happy, to execute those Directions, which I received, either immediately from your Royal Mouth, or from my Lord of Salisbury. At what time, it pleased your Majesty also, to promise, and assure me, that upon the Remove of the then Attorney, I should not be forgotten, but brought into Ordinary Place. And this was after confirmed to me, by many of my Lords, and towards the end of the last Term, the manner also, in particular, spoken of; That is, that Mr. Solicitor, should be made your Majesty's Sergeant, and I Solicitor: For so it was thought best, to sort, with both our Gifts, and Faculties, for the good of your Service: And of this Resolution, both Court, and Country, took knowledge. Neither was this, any Invention, on Project, of mine own; but moved from my Lords, I think, first from my Lord chancellor: whereupon resting, your Majesty well knoweth, I never opened my Mouth, for the Greater Place; Though I am sure, I had 2. Circumstances, that Mr. Attorney, that now is, could not allege: The one, Nine years' Service of the Crown: The other, the being Cousin german, to the Lord of Salisbury, whom your Majesty esteemeth, and trusteth so much. But for the less Place, I conceive it was meant me. But after that, Mr. Attorney Hobert was placed, I heard no more of my Preferment; but it seemed to me at a stop, to my great Disgrace, and Discouragement. For (gracious Sovereign,) if still, when the Waters are stirred, another shall be put in before me, your Majesty had need work a Miracle, or else, I shall be still, a ●ame Man, to do your Service. And therefore, my most humble suit, to your Majesty, is; That this, which seemed to me intended, may speedily be performed: And, I hope, my former Service, shall be, but as Beginnings to better, when I am better strengthened: For sure I am, no Man's Heart is fuller, (I say not, but many may have greater Hearts, but I say not fuller,) of Love, and Duty, to●wards your Majesty, and your Children; As, I hope, Time will manifest, against Envy, and Detraction, if any be. To conclude, I most humbly crave pardon for my boldness, and rest. A Letter, to the Earl of Salisbury, of Courtesy, upon a New-year's Tide. It may please your good Lordship, HAving no Gift, to present you with, in any degree proportionable to my mind; I desire, nevertheless, to take the Advantage, of a Ceremony, to express myself, to your Lordship; it being the first time, I could make the like Acknowledgement, when I stood, out of the person of a Suitor: wherefore, I most humbly pray your Lordship, to think of me, tha● now it hath pleased you, by many Effectual, and great Benefits, to add the Assurance, and Comfort, of your Love, and Favour, to that precedent Disposition, which was in me, to admire, your Virtue and Merit; I do esteem, whatsoever I have, or may have, in this World, but as Trash, in comparison, of having the Honour, and Happiness, ●o be a near, and well accepted, Kinsman, to so rare, and worthy, a Counsellor, Govern●●, and Patriot. For having been a studious, if not, a Curious Observer, of Antiquittes of Virtue, as of late Pieces; I forbear to say to your Lordship, what I find and conceive; But to any other, I would think, to make myself, believed. But not to be tedious, in that, which may have the show of a Compliment, I can but wish your Lordship, many happy years; Many more, than your Father had; Even so many more, as we may need you more. So I remain. A Letter, of Thanks, to the King, upon Mr. Atturney's Sickness. It may please your most excellent Majesty, I Do understand, by some of my good Friends, to my great comfort, that your Majesty, hath in mind, your Majesty's Royal Promise, (which to me is Anchora Spei,) touching the Atturney's place. I hope, Mr. Attorney shall do well. I thank God, I wish no Man's Death, Nor much mine own Life, more than to do your Majesty Service. For I account my Life the Accident, and my Duty the Substance. But this, I will be ●old to say. If it please God● that ever I serve your Majesty, in the Atturney's place, I have known an Attorney Cook, and an Attorney Hober●; Both worthy Men, and far● above myself; But if I should not find, a Middle way, between their two Dispositions, and Carriages, I should not satisfy myself. But these things, are far, or near, as it shall please God. Mean while, I most humbly pray your Majesty, to accept, my Sacrifice of Thanksgiving for your Gracious Favour. God preserve your Maj●sty● I ever remain. A Letter, to the King, of Suit, to succeed, in the A●turney's Place. It may please your Majesty, YOur great, and Princely, Favours towards me, in Advancing me to Place; And that, which is to me, of no less comfort, your Majesty's benign, and gracious Acceptation, from time to time, of my poor Services, much above the Merit, and Value of them; Hath, almost, brought me to an Opinion, that I may sooner, (perchance,) be wanting, to myself, in not ask; Than find your Majesty's Goodness wanting to me, in any my reasonable, and modest desires. And therefore, perceiving, how at this time, Preferments of Law fly about mine Ears; To some above me, and to some below me; I did conceive, your Majesty may think it, rather a Kind of Dulness, or want of Faith, than Modesty, if I should not come, with my Pitcher, to Jacob's Well, as others do. Wherein I shall propound to your Majesty, that which tendeth not so much, to the Raising of my Fortune, as to the settling of my Mind; Being sometimes assailed with this Cogitation; That by reason of my Slowness, to see, and apprehend sudden Occasions; Keeping on one plain Course of painful Service; I may, (in fine Dierum,) be in danger, to be neglected, and forgotten. And if that should be, than were it much better for me, now while I stand in your Majesty's good Opinion, (though unworthy,) and have some little Reputation, in the World, to give over the Course I am in, and to make proof, to do you some Honour, by my Pen, either by writing, some faithful Narrative, of your Happy, (though not untraduced,) Times; Or by recompiling your Laws, (which, I perceive, your Majesty laboureth with; And hath in your Head, as jupiter had Pallas;) Or some other the like work: (For without some Endeavour to do you Honour, I would not live;) Than to spend my Wits, and Time, in this laborious place, wherein I now serve; If it shall be deprived, of those outward Ornaments, which it was wont to have, in respect of an Assured Succession, to some Place, of more Dignity, and Rest: which seemeth now, to be an Hope, altogether Casual, if not wholly intercepted. Wherhfore, (not to hold your Majesty long,) my humble Suit, to you, is that, than the which, I think, I cannot well go lower; which is, that I may obtain, your Royal promise, to succeed, (if I live,) into the Attorney's place, whensoever it shall be void: It being, but the Natural, and immediate Step, and Rise, which the Place, I now hold, hath ever, (in sort) made claim to, and almost never failed of. In this Suit, I make no Friends to you● Majesty, but rely upon no other Motive, but your Grace; Nor any other Assurance, but your Word; whereof I had good Experience, when I came to the Solicitors Place; That it was like, to the Two great Lights, which in their Motions, are never Retro r●d●. So with my best Prayers, for your Majesty's Happiness, I rest. A Letter, to Sir George Carey, in France, upon sending him, his Writing, In Felicem Memoriam Elizabethae. My very good Lord; BEing asked the Question, by this Bearer, an old Servant, of my Brother Anthony Bacon's, whether I would command him any thing into France; And being, at better leisure, than I would, in regard of Sickness; I began to remember, that neither your Business, nor mine, (though great, and continual,) can be, upon an an exact account, any just Occasion, why so much good will, as hath passed between us, should be so much discontinued, as hath been. And therefore, because one must begin, I thought to provoke, your Remembrance of me, by a Letter: And thinking to fit it, with somewhat, besides Salutations, it came to my Mind, that this last Summer Vacation, by occasion of a Factious Book, that endeavoured to verefy, Misera ●emina, (The Addition of the Pope's Bull,) upon Queen Elizabeth, I did write, a few Lines, in her Memorial; which I thought, you would be pleased to read; both for the Argument; And because, you were wont, to bear Affection, to my Penn. Verum, ut aliud ex alio, if it came handsomely to pass, I would be glad, the Precedent de * Thuanus. Thou, (who hath written an History, as you know, of that Fame, and Diligence,) saw it: Chiefly, because I know not, whether it may not serve him, for some use, in his Story: wherein, I would be glad, he did right to the Truth, and to the Memory, of that Lady, as I perceive, by that he hath already written, he is well inclined to do. I would be glad also, it were some Occasion, (such as Absence may permit,) of some Acquaintance, or mutual Notice● between us. For though he hath, many ways, the precedence, (chiefly in worth,) yet this is common to us both, that we serve our So●eraigns, in places of Law, eminent: And not ourselves only, but our Fathers, did so before us: And lastly, that both of us, love Learning, and Liberal Sciences, which was ever, a Bond of Friendship, in the greatest Distance, of Places. But of this, I make no further Request, than your Occasions, and Respects, (to me unknown,) may further, or limit; My Principal Purpose being, to salute you, and to send you this Token. Whereunto I will add, my very kind Commendations, to my Lady; And so commit you both, to Gods Holy Protection. A Letter, to my Lord Mayour, upon a Proceeding, in a Private Cause. MY very good Lord; I did little expect, when I left your Lordship last, that there would have been, a Proceeding against Mr. Barnard, to his Overthrow. Wherein I must confess myself, to be, in a sort, Accessary: Because, he relying upon me, for Counsel, I advised that Course, which he followed. Wherein now I begin, to question myself, whether in preserving my Respects, unto your Lordship, and the Rest, I have not failed, in the Duty, of my Profession, towards my Client, For certainly, if the words had been heinous, and spoken in a malicious fashion, and in some public place, and well proved; And not a Prattle, in a Tavern, caught hold of by one, who, (as I hear) is a detected Sycophant (Standish I mean;) yet I know not, what could have been done more, than to impose upon him, a grievous Fine; And to require, the Levying of the same; And to Take away his means of Life, by his Disfranchisement; And to commit him, to a Defamed Prison, during Christmas; In Honour whereof, the Prisoners, in other Courts, do, commonly, of grace, obtain some Enlargement. This Rigour of Proceeding, (to tell your Lordship, and the rest, as my good Friends, my Opinion, plainly,) tendeth not to strengthen Authority, which is best supported, by Love, and Fear, intermixed; But rather, to make People discontented, and Servile; especially, when such Punishment is inflicted, for words, not by Rule of Law, but by a jurisdiction of Discretion, which would evermore, be moderately used. And I pray God, whereas Mr. Recorder, when I was with you, did well, and wisely, put you in mind, of the Admonitions, you often received from my Lords, that you should bridle unruly Tongues; That those kind of Speeches, and Rumours, whereunto those Admonitions do refer, which are concerning the State, and Honour thereof, do not pass too licentiously, in the City, unpunished; while these Words, which concern your particular, are so straightly enquired into, and punished with such Extremiy. But these Things, your own wisdom, (first, or last,) will best represent unto you. My writing unto you at this time, is, to the end, that howsoever I do take it somewhat unkindly, that my Mediation prevailed no more; yet I might preserve, that further Respect, that I am willing to use, unto such a State, in delivering my Opinion, unto you, freely, before I would be of Counsel, or move any thing, that should cross your Proceedings; which, notwithstanding, (in case, my Client, can receive no Relief, at your hands,) I must, and will do. Continuing, nevertheless, in other Things, my wont good Affection, to yourselves, and your Occasions. A Letter, to my Lord Treasurer Salisbury, upon a New-year's Tide. It may please your good Lordship, I Would Entreat, the New year, to answer for the Old, in my humble Thanks to your Lordship; Both for many your Favours, and chiefly, that upon the Occasion, of Mr. Attorney's Infirmity, I found your Lordship, even as I could wish. This doth increase a desire in me, to express my Thankful mind, to your Lordship; Hoping, that though I find Age, and Decays, grow upon me, yet I may have a Flash, or two, of Spirit, left to do you Service. And I do protest before God, without Compliment, or any light Vanity of Mind, that if I knew, in what Course of Life, to do you best Service, I would take it, and make my Thoughts, which now fly to many Pieces, to be reduced to that Centre. But all this, is no more, than I am; which is not much: But yet the Entire of him, that is, etc. A Letter, to his Majesty, concerning Peachams Cause, January 21. 1614 It may please your Excellent Majesty, IT grieveth me exceedingly, that your Majesty, should be so much troubled, with this Matter of Peacham; whose Raging Devil, seemeth to be turned, into a Dumb Devil. But although, we are driven, to make our way, through Questions, (which I wish were otherwise,) yet I hope well, the End will be good. But then, every Man, must put too; his Helping Hand; For else, I must say to your Majesty, in this, and the like Cases, as St. Paul said, to the Centurion, when some of the Mariners, had an Eye, to the Cockboat; Except these stay in the Ship, ye cannot be safe. I find, in my Lords, great, and worthy, Care, of the Business. And for my part, I hold my Opinion, and am strengthened in it, by some Records, that I have found. God preserve your Majesty. Your Majesties, most humble, and devoted Subject, and Servant. A Letter, to the King, touching Peachams Cause. January 27. 1614 It may please your excellent Majesty, THis Day, in the Afternoon, was read, your Majesty's Letters, of Direction, touching Peacham; which because it concerneth properly the Duty of my Place, I thought it fit, for me, to give your Majesty, both a speedy, and a private, Account thereof; That your Majesty knowing Things, clearly, how they pass, may have the true Fruit, of your own Wisdom, and clear-Seeing Judgement, in Governing the Business. First, for the Regularity, which your Majesty, (as a Master in Business of Estate,) doth prudently prescribe, in Examining, and taking Examinations, I subscribe to it; Only, I will say for myself; that I was not, at this time, the Principal Examiner. For the Course, your Majesty directeth, and commandeth, for the feeling of the judges, of the King's Bench, their Several Opinions, by distributing ourselves, and enjoining Secrecy; we did first, find an Encounter, in the Opinion, of my Lord Cook; who seemed to affirm, that such particular, and, (as he called it,) Auricular Taking of Opinions, was not according to the Custom of this Realm; And seemed to divine, that his Brethren, would never do it. But when I replied, that it was our Duty, to pursue your Majesty's Directions; And it were not amiss, for his Lordship, to leave his Brethren, to their own Answers; It was so concluded; and his Lordship, did desire, that I might confer with Himself; And Mr. Serjeant Montague, was named, to speak with justice Crook; Mr. Sergeant Crew, with justice Houghton; and Mr. Solicitor, with justice Dodderidge. This done, I took my Fellows aside, and advised, that they should presently speak with the 3. judges, before I could speak with my Lord Cook, for doubt of Infusion; And that they should not, in any case, make any doubt to the judges, as if they mistrusted, they would not deliver any Opinion apart, but speak resolutely to them, and only make their Coming to be, to know, what time they would appoint, to be attended with the Papers. This sorted not amiss; For Mr. Solicitor, came to me, this Evening, and related to me, that he had found judge Dodderidge, very ready, to give Opinion, in secret; And fell upon the same reason, which upon your Majesty's first Letter, I had used to my Lord Cook, at the Council Table; which was, that every judge, was bound, expressly, by his Oath, to give your Majesty Counsel, when he was called; And whether he should do it, jointly, or severally, that rested, in your Majesty's good pleasure, as you would require it. And though the Ordinary Course, was to assemble them, yet there might intervene Cases, wherein the other Course was more convenient. The like Answer made justice Crook. justice Houghton, who is a soft Man, seemed desirous, first, to confer; Alleging, that the other 3. judges, had all served the Crown, before they were judges, but that he had not been much acquainted, with Business, of this Nature. We purpose therefore, forthwith, they shall be made acquainted with the Papers; And if that could be done, as suddenly, as this was, I should make small doubt of their Opinions: And howsoever, I hope, Force of Law, and Precedent, will bind them to the Truth: Neither am I wholly out of hope, that my Lord Cook himself, when I have, in some dark manner, put him in doubt, that he shall be left alone, will not continue singular. For Owen, I know not the reason, why there should have been no Mention made thereof, in the last Advertisement: For I must say for myself, that I have lost no moment of Time in it, as my Lord of Canterbury can bear me witness. For having received, from my Lord, an Additional, of great Importance; which was, that Owen, of his own Accord, after Examination, should compare the Case of your Majesty, (if you were Excommunicate,) to the Case, of a Prisoner, Condemned at the Bar; which Additional was subscribed by one Witness; but yet I perceived it was spoken aloud, and in the Hearing of others; I presently sent down a Copy thereof, which is now come up, attested with the Hands, of 3. more, lest there should have been, any Scruple, of Singularis Testis; So as for this Case, I may say, Omnia parata; And we expect, but a Direction, from your Majesty, for the Acquainting the judges severally; Or the 4. judges, of the King's Bench, as your Majesty shall think good. I forget not, nor foreslow not, your Majesty's Commandment, touching Recusants; Of which, when it is ripe, I will give your Majesty, a true Account, and what is possible to be done, and where the Impediment is. Mr. Secretary, bringeth Bonam Voluntatem, but he is not versed much, in these things; And sometimes urgeth the Conclusion, without the premises, and by haste hindereth. It is my Lord Treasurer, and the Exchequer, must help it, if it be holpen. I have heard more ways than one● of an ofter of 20000 l. per Annum, for farming, the Penalties of Recusants, not including any Offence Capital, or of Praemunire; wherein I will presume to say, that my poor Endeavours, since I was, by your great, and sole grace, your Attorney, have been no small Spurs, to make them feel your Laws, and seek this Redemption; Wherein, I must also say, my Lord Cook hath done his part: And I do assure your Majesty, I know it, somewhat inwardly, and groundedly, that by the Courses we have taken, they conform daily, and in great Numbers; And I would to God, it were as well a Conversion, as a Conformity; But if it should die, by Dispensation, or Dissimulation, than I fear, that whereas your Majesty, hath now, so many ill Subjects, poor, and detected, you shall then have them, rich and dissembled. And therefore, I hold this offer, very considerable, of so great an Increase, of Revenue; If it can pass, the fiery Trial, of Religion, and Honour; which I wish, all Projects may pass. Thus, in as much, as I have made to your Majesty, somewhat a naked, and particular account, of Business, I hope your Majesty, will use it accordingly. God preserve your Majesty. Your Majesties, most humble, and devoted Subject, and Servant. A Letter, reporting the State, of my Lord Chancellers Health. Jan. 29. 1614 It may please your excellent Majesty, BEcause I know your Majesty, would be glad, to hear, how it is, with my Lord chancellor; And that it pleased him, out of his ancient and great Love, to me; which, many times, in Sickness, appeareth most; To admit me, to a great deal of Speech, with him, this afternoon; which, during these three days, he hath scarcely done to any; I thought it might be pleasing to your Majesty, to certify you, how I found him. I found him in bed, but his Spirits fresh, and good, speaking stoutly, and without being spent, or weary; And both willing, and Beginning of himself, to speak, but wholly of your Majesty's Business. Wherein I cannot forget, to relate, this particular; That he wished, that his Sentencing of I. S. at the day appointed, might be his last Work, to conclude his Services, and express his Affection, towards your Majesty. I ●old him, I knew your Majesty, would be very desirous, of his Presence, that day, So it might be, without prejudice; But otherwise, your Majesty, esteemed a Servant, more than a Service; specially such a Servant. Not to trouble your Majesty; Though good Spirits, in Sickness, be uncertain Calendars, yet I have very good Comfort of him, and I hope by that day, etc. A Letter, to the King, giving him an Account of Peachams Business, and some others, Jan. 31. 1614 It may please your excellent Majesty, I Received, this Morning, by Mr. M●rray, a Message, from your Majesty, of some warrant, and confidence, that I should advertise your Majesty, of your business, wherein I had part. Wherein, I am first, humbly, to thank your Majesty, for your good acceptation, of my Endeavours, and Service; which I am not able to furnish, with any other Quality, save Faith, and Diligence. For Peachams Case, I have, since my last Letter, been with my Lord Cook, twice; Once before Mr. Secretary's going down, to your Majesty; And once since, which was yesterday: At the Former, of which times, I delivered him Peachams papers; And at this Latter, the Precedents, which I had, with care, gathered, and selected: For these Degrees, and order, the Business required. At the former, I told him, that he knew my Errand, which stood upon two points: The one to inform him, of the particular Case, of Peachams Treasons; (For I never give it, other word, to him;) The other, to receive his Opinion, to myself, and in secret, according to my Commission, from your Majesty. At the former time, he fell, upon the same Allegation, which he had begun, at the Council Table; that judges, were not to give Opinion, by Fractions, but entirely, according to the Vote, whereupon they should settle, upon conference: And that, this Auricular Taking of Opinions, single, and apart, was new, and dangerous; And other words, more vehement, than I repeat. I replied, in Civil, and plain, Terms; That I wished his Lordship, in my love to him, to think better of it; For that this, that his Lordship was pleased, to put into great Words, seemed to me, and my Fellows, when we spoke of it, amongst ourselves, a reasonable, and familiar Matter, For a King to consult with his judges, either assembled, or selected; or one, by one. And then, to give him a little Outlet, to save his first Opinion, (wherewith he is most commonly in love,) I added, that judges, some times, might make a Su●e, to be spared, for their Opinion, till they had spoken with their Brethren; But, if the King, upon his own Princely Judgement, for Reason of Estate, should think it fit, to have it otherwise, and should so demand it, there was no declining: Nay, that it touched, upon a Violation, of their Oath, which was, to counsel the King, without Distinction, whether it were jointly, or severally. Thereupon, I put him the Case, of the Privy Council; As if your Majesty, should be pleased, to command any of them, to deliver their Opinion, a part, and in private; whether it were a good Answer, to deny it, otherwise, than if it were propounded, at the Table. To this he said, That the Cases were not alike, because this concerned Life. To which I replied, That Questions of Estate, might concern Thousands of Lives, and many Things more precious, than the Life, of a particular; As War, and Peace, and the like. To conclude, his Lordship, tanquam Exitum quaerens, desired me, for the time, to leave with him, the Papers, without pressing him, to consent, to deliver a private Opinion, till he had perused them. I said, I would; And the more willingly, because I thought his Lordship, upon due consideration, of the Papers, would find the Case, to be so clear a Case, of Treason, as he would make no difficulty, to deliver his Opinion, in private; And so I was persuaded, of the rest, of the judges, of the King's Bench; who likewise, (as I partly understood,) made no Scruple, to deliver their Opinion, in private. Whereunto he said, (which I noted well,) That his Brethren were wise Men; And that, they might make a show, as if they would give an Opinion, as was required; But the end would be, that it would come to this; They would say, they doubted of it, and so pray advice, with the rest. But to this I answered, that I was sorry, to hear him say so much, lest, if it came so to pass, some that loved him not, might make a Construction, that that, which he had foretold, he had wrought. Thus your Majesty see's, that as Solomon saith; Gressus nolentis tanquam in Sepi spinarum; It catcheth upon every Thing. The latter Meeting, is yet, of more Importance; For then, coming armed, with divers precedents, I thought, to set in, with the best strength, I could, and said; That before I descended, to the Record, I would break the Case, to him thus. That it was true, we were to proceed, upon the ancient Statute of King Edward the 3. because other Temporary Statutes were gone; And therefore, it must be said in the Indictment; Imaginatus est, et Compassavit, Mortem, et finalem Destructionem, Domini Regis: Then must the particular Treasons follow in this manner; viz. Et quod, ad perimplendum nefandum Propositum suum, composuit, & conscripsit, quendam detestabilem, et venenosum libellum, sive scriptum, in quo inter alia proditoria, continetur, etc. And then the principal passages of Treason, taken forth of the Papers, are to be entered, in haec Verba; And with a Conclusion, in the End; Ad Intentionem, quod Ligeus Populus, et Veri Subditi, Domini Regis, cordia em suum amorem, ● Domino Rege retraherent, et ipsum Dominum Regem relinquerent, & Guerram, et Insurrectionem, contra eum, levarent, et facerent, etc. I have, in this former, followed the ancient Style, of the Indictments, for brevity sake, though when we come to the Business itself, we shall enlarge it, according to the use of the later times. This I represented to him, (being a thing he is well acquainted with,) that he might perceive, the Platform of that was intended, without any Mistaking, or Obscurity. But then I fell to the matter itself, to lo●k him in, as much as I could, viz. That there be 4. Means or manners, whereby the Death of the King, is compassed, and imagined. The first, by some particular Fact, or Plot. The second, by Disabling his Title; As by affirming, that he is not lawful King; Or that another aught to be King; Or that he is an Usurper; Or a Bastard; Or the like. The third, by Subjecting his Title, to the Pope; and thereby Making him, of an Absolute King, a Conditional King. The fourth, by Disabling his Regiment, and making him appear, to be incapable, or indign, to reign. These things, I relate to your Majesty, in sum, as is fit; which when, I opened to my Lord; I did insist a little more upon, with more efficacy and edge, and Authority of Law, and Record, than I can now express. Then I placed Peachams Treason, within the last Division, agreeable to divers precedents, whereof I had the Records ready; And concluded, that your Majesty's Safety, and Life, and Authority, was thus by Law inscansed, and quartered; And that it was in vain, to fortify, on Three of the sides, and so leave you open on the Fourth. It is true, he heard me, in a grave fashion, more than accustomed, and took a Pen, and took notes of my Divisions; And when he read the Precedents, and Records, would say; This you mean falleth within your first, or your second, Division. In the end, I expressly demanded his Opinion, as that, whereto both he, and I was enjoined. But he desired me, to leave the Precedents, with him, that he might advise upon them. I told him, the rest of my Fellows, would dispatch their part, and I should be behind with mine; which I persuaded myself, your Majesty would impute, rather to his Backwardness, than my Negligence. He said, as soon as I should understand, that the rest were ready, he would not be long after, with his Opinion. For I. S. your Majesty knoweth, the day draweth on; And my Lord Chancellers Recovery, the Season, and his Age, promising, not to be too hasty. I spoke with him, on Sunday, at what time, I found him in Bed, but his Spirits strong, and not spent, or wearied; And spoke wholly of your Business, leading me from one Matter, to another. And wished, and seemed to hope, that he might attend the day, for I. S. and it were, (as he said,) to be his last work, to conclude his Services, and express his Affection, towards your Majesty. I presumed to say to him, that I knew your Majesty, would be exceeding desirous, of his being present that day, so as that it might be, without prejudice, to his continuance; But that, otherwise, your Majesty esteemed a Servant, more than a Service; especially such a Servant. Surely, in mine Opinion, your Majesty were better, put off the day● than want his presence, considering the Cause of the putting off, is so notorious; And then the Capital, and the Criminal, may come together, the next Term. I have not been unprofitable, in helping to discover, and examine, within these few days, a late Patent, by Surreption obtained from your Majesty, of the greatest Forest, in England, worth 30000 l. under Colour, of a Defective Title, for a matter of 400 l. The Person must be named, because the Patent, must be questioned. It is a great Person, my Lord of Shrewsbury; Or rather, (as I think,) a greater than he, which is my Lady of Shrewsbury. But I humbly pray your Majesty, to know this first, from my Lord Treasurer; who, methinks, groweth even studious, in your Business. God preserve your Majesty. Your Majesty's most humble and devoted, Subject, and Servant. The rather, in regard of Mr. Murray's Absence, I humbly pray your Majesty, to have a little regard, to this Letter. A Letter, to the King, touching my Lord Chancellers Amendment, and the putting off, of J. S. his Cause, February 7. 1614 It may please your excellent Majesty, MY Lord chancellor, sent for me, to speak with me, this Morning, about 8. of the clock. I perceive, he hath now, that Signum Sanitatis, as to feel better his former weakness. For it is true, I did a little mistrust, that it was but a Boutade, of Desire, and good Spirit, when he promised himself, strength for Friday, though I was won, and carried with it. But now, I find him, well inclined, to use, (should I say) your Liberty, or rather your Interdict, signified by Mr. Secretary, from your Majesty. His Lordship, showed me also, your own Letter, whereof he had told me before, but had not showed it me. What shall I say? I do much admire, your Goodness, for writing such a Letter, at such a time. He had sent also, to my Lord Treasurer, to desire him, to come to him about that time. His Lordship came; And, not to trouble your Majesty, with circumstances, both their Lordships concluded, myself present, and concurring; That it could be no prejudice, to your Majesty's Service, to put off the day, for I. S. till the next Term. The rather, because there are Seven, of your Privy Council, which are at least, Numerus, and part of the Court, which are by Infirmity, like to be absent; That is, my Lord chancellor, my Lord Admiral, my Lord of Shrewsbury, my Lord of Exeter, my Lord Zouch, my Lord Stanhope, and Mr. chancellor of the Duchy: wherefore they agreed, to hold a Council, too morrow, in the afternoon, for that purpose. It is true, that I was always of Opinion, that it was no time lost; And I do think so, the rather, because I could be content, that the Matter of Peacham, were first settled, and put to a point. For there be, perchance, that would make the Example upon I.S. to stand for all. For Peacham, I expect, some account, from my Fellows, this day. If it should fall out otherwise, then, I hope, it may not, be left so. Your Majesty, in your last Letter, very wisely, put in a Disjunctive, that the judges, should deliver an Opinion, privately, either to my Lord chancellor, or to ourselves, distributed: His Sickness, made the later way, to be taken: But the other may be reserved, with some Accommodating, when we see, the success of the Former. I am appointed, this day, to attend my Lord Treasurer, for a Proposition, of Raising Profit; and Revenue, by Infranchising Copyholders. I am right glad, to see the Patrimonial part of your Revenue, well looked into, as well as the Fiscal. And I hope it will so be, in other parts, as well as this. God preserve your Majesty. Your Majesties, most humble, and devoted, Subject, and Servant. A Letter, to the King, of account, of Owen's Cause, etc. 11 February, 1614 It may please your excellent Majesty, Myself, with the rest, of your Counsel Learned, conferred with my Lord Cook, and the rest of the judges, of the King's Bench, only, being met at my Lord's Chamber, concerning the business of Owen. For although it be true, that your Majesty, in your Letter; did mention, that the same Course, might be held, in the Taking of Opinions, apart, in this, which was prescribed, and used, in Peachams Cause; yet both my Lords of the Council, and we amongst ourselves, holding it, in a Case so clear, not needful; But rathat it would import, a diffidence in us, and deprive us, of the means, to debate it, with the judges, (if cause were) more strongly, (which is somewhat,) we thought best, rather to use this Form. The judges desired us, to leave the Examinations, and Papers, with them, for some little time, to consider, (which is a thing they use;) But, I conceive, there will be, no manner of Question, made of it. My Lord Chief justice, to show forwardness, (as I interpret it,) showed us passages of Suarez, and others, thereby to prove, that though your Majesty, stood not Excommunicate, by particular Sentence, yet by the General Bulls, of Coena Domini, and others, you were, upon the matter, Excommunicate; And therefore, that the Treason was, as De praesenti. But I, that foresee, that if that Course should be held, when it cometh to a public day, to disseminate to the Vulgar, an Opinion, that your Majesty's Case is all one, as if you were de Facto, particularly, and expressly, Excommunicate, it would but increase, the danger of your Person, with those, that are Desperate Papists; And that it is needless; Commended my Lord's Diligence, but withal, put it by; And fell upon the other Course, (which is the true way;) That is, that whosoever shall affirm, in Diem, or sub Conditione, that your Majesty, may be destroyed, is a Traitor, de praesenti; For that, he maketh you, but Tenant for Life, at the will of another. And I put, the Duke of Buckingham's Case, who said; That if the King, caused him to be arrested, of Treason, he would stab him; And the Case, of the Imposturess, Elizabeth Barton, that said, That if King Henry the 8. took not his Wife again, Katherine Dowager, he should be no longer King; And the like. It may be, these particulars, are not worth the Relating. But because, I find nothing in the World, so important to your Service, as to have you throughly informed, (the Ability of your Direction considered,) it makes me thus to do; Most humbly praying your Majesty, to admonish me, if I be over-troublesom. For Peacham, the rest of my Fellows, are ready, to make their Report, to your Majesty, at such time, and in such manner, as your Majesty shall require it. Myself yesterday, took my Lord Cook aside, after the rest were gone, and told him, all the rest were ready, and I was now to require, his Lordship's Opinion, according to my Commission. He said, I should have it; And repeated that, twice, or thrice, as thinking he had gone too far, in that kind of Negative, (to deliver any Opinion apart,) before; And said, he would tell it me, within a very short time, though he were not that instant ready. I have tossed this Business, in omnes parts, whereof I will give your Majesty knowledge, when time serveth. God preserve your Majesty. Your Majesties, most humble, and devoted, Subject, and Servant. A Letter, to the King, about a Certificate, of my Lord Cook. Feb. 14. 1614 It may please your excellent Majesty, I Send your Majesty, enclosed, my Lord Cook's Answers. I will not call them Rescripts; Much less Oracles. They are of his own hand, and offered to me, as they are, in writing, though I am glad of it, for mine own Discharge. I thought it my duty, as soon as I received them, instantly, to send them to your Majesty; And forbear, for the present, to speak further of them. ay, for my part, (though this Muscovia Weather, be a little too hard, for my Constitution;) was ready, to have waited, upon your Majesty, this day, all respects set aside; But my Lord Treasurer, in respect of the season, and much other Business, was willing to save me. I will only conclude, touching these Papers, with a Text, Divided, I can not say; Oportet isthaec fieri; But I may say; Finis autem nondum. God preserve your Majesty. Your Majesties, most humble, and devoted Subject, and Servant. A Letter, to the King, touching Matter, of his Revenue, and Profit. April 25. 1615. It may please your Majesty, I May remember, what Tacitus saith, by occasion, that Tiberius, was often, and long, absent, from Rome; In Vrbe, et paruâ et magnâ Negotia, Imperatorem simul premunt; But saith He, In recessu, dimissis rebus, minoris momenti, summae rerum magn●rum magis agitantur. This maketh me think, it shall be no Incivility, to trouble your Majesty, with business, during your abode from London; Knowing, that your Majesty's Meditations, are the principal wheel, of your Estate; And being warranted, from a former Commandment, which I received from you. I do now, only send your Majesty, these Papers enclosed; because I do greatly desire, so far forth, to preserve my credit with you, as thus; That whereas lately, (perhaps, out of too much Desire, which induceth too much belief,) I was bold to say, that I thought it as easy for your Majesty, to come out of Want, as to go forth of your Gallery; your Majesty, would not take me, for a Dreamer, or a Projectour; I send your Majesty therefore, some Grounds of my Hopes. And for that Paper, which I have gathered, of Increasments sperate, I beseech you, to give me leave, to think, that if any of the particulars, do fail, it will be rather, for want of workmanship, in those that shall deal in them, than want of Materials, in the Things themselves. The other Paper, hath many Discarding Cards; And I send it chiefly, that your Majesty, may be the less surprised, by Projectors; who pretend, sometimes● great Discoveries, and Inventions in Things, that have been propounded, and, perhaps, after a better fashion, long since. God Almighty preserve your Majesty. Your Majesties, most humble, and devoted, Subject, and Servant. A Letter, to the King, reporting the Day of Hearing, of I. S. his Cause, in the Star-chamber. 29 April 1615. It may please your excellent Majesty, I. S. his Day is past, and well past. I hold it to be janus Bifrons; It hath a good Aspect, to that which is past; And to the Future: And doth both satisfy, and prepare. All did well: My Lord Chief justice, delivered the Law, for the Benevolence, strongly; I would he had done it timely. Mr. chancellor of the Exchequer spoke finely, somewhat after the manner, of my late Lord Privy Seal; Not all out so sharply, but as elegantly. Sir Thomas Lake, (who is also new, in that Court,) did very well, familiarly, and Counseller-like. My Lord of Pembroke, (who is likewise a stranger there,) did extraordinarily well, and became himself well, and had an evident Applause. I meant well also; And because my Information, was the Ground; having spoken out of a few Heads, which I had gathered; (For I seldom do more,) I set down, as soon, as I came home, cursorily, a Frame of that, I had said; Though I persuade myself, I spoke it, with more life. I have sent it to Mr. Murray, sealed; If your Majesty, have so much idle time, to look upon it, it may give some light, of the Day's work: But I most humbly pray your Majesty, to pardon the Errors. God preserve you ever. Your Majesties, most humble Subject, and devoted Servant. A Letter, to the King, concerning the New Company: August 12. 1615. It may please your most excellent Majesty, Your Majesty, shall shortly receive the Bill, for the Incorporation, of the New Company; together with a Bill, for the Privy Seal, being a Dependency thereof. For this Morning, I subscribed, and do●ke●●ed, them both. I think it therefore now time, to repre●sent to your Majesty's high wisdom, that which I conceive, and have had long in my mind, concerning your Majesty's service, and honourable profit in this Business. This Project, which hath proceeded, from a worthy Service, of the Lord Treasurer, I have, from the beginning, constantly affected; As may well appear, by my sundry Labours, from time to time, in the same. For I hold it, a worthy character, of your Majesty's Reign, and Times; Insomuch, as though your Majesty, might have, at this time, (as is spoken,) a great Annual Benefit, for the Quitting of it, yet I shall never be the Man, that should wish your Majesty, to deprive yourself, of that Beatitude; Beatius est dare, quam accipere; In this cause; But to sacrifice your profit, (though as your Majesty's State is, it be precious to you,) to so great a Good of your Kingdom: Although this Project, is not without a Profit, immediate, unto you, by the increasing of Customs, upon the materials, of Dyes.. But here is the Case. The New Company, by this Patent, and Privy Seal, are to have two Things, wholly divers, from the first Intention; Or rather, Ex Diametro, opposite unto the same; which nevertheless, they must, of necessity have, or else the Work is overthrown. So as I may call them Mala Necessaria, but yet withal Temporary. For, as Men make War, to have Peace, so these Merchants, must have licence, for Whites, to the end, to banish Whites; And they must have licence, to use Teyntours, to the end to banish Teyntours. This is therefore that I say; your Majesty, upon these two points, may justly, and with honour, and with preservation of your first Intention, inviolate, demand Profit, in th● Interim, as long as these unnatural points continue, and then to cease: For your Majesty, may be pleased to observe, that they are to have all the Old Companies Profit, by the Trade of Whites; They are, again to have, upon the proportion of clothes, which they shall vent, died, and dressed, the Flemings profit, upon the Teyntour. Now than I say; As it had been, too good Husbandry, for a King, to have taken profit of them, if the Project could have been effected at once, (as was voiced;) So on the other side, it might be, perchance, too little Husbandry, and Providence, to take nothing of them, for that, which is merely lucrative to them, in the mean time. Nay, I say further, this will greatly conduce, and be a kind of Security, to the End desired. For I always feared, and do yet fear, that when Men, by condition Merchants, though never so honest, have gotten into their Hands, the Trade of Whites, and the Dispensation to Teyntour; wherein they shall reap profit, for that, which they never sowed; But have gotten themselves Certainties, in respect of the States hopes; They are like enough, to sleep upon this, as upon a Pillow; And to make no haste, to go on with the rest. And though it may be said, that that is a thing, will easily appear to the State, yet, (no doubt,) means may be devised, and found, to draw the Business in length. So that I conclude, that if your Majesty, take a profit of them, in the Interim, (considering you refuse profit, from the Old Company,) it will be both Spurr, and Bridle, to them, to make them Place aright, to your Majesties End. This in all humbleness, according to my vowed Care, and Fidelity, being no Man's Man, but your Majesties, I present, leave, and submit, to your Majesty's better Judgement; And I could wish, your Majesty would speak, with Sir Thomas Lake in it; who, besides his good Habit, which he hath in business, beareth, (methinks,) an indifferent Hand in this particular; And (if it please your Majesty,) it may proceed, as from yourself, and not as a Motion, or Observation, of mine. Your Majesty, need not, in this, to be straightened in time; As if this must be demanded, or treated, before you sign their Bill. For I, foreseeing this, and foreseeing, that many things might fall out, which I could not foresee, have handled it so, as with their good Contentment, there is a Power of Revocation, inserted into their Patent. And so commending your Majesty, to Gods blessed, and precious Custody; I rest, Your Majesties, most humble, and devoted, Subject, and Servant. A Letter, to Sir George Villiers, touching Ropers place. January 22. 1615. SIR, Sending to the King, upon Occasion, I would not fail, to salute you, by my Letter; which, that it may be more than two lines, I add this for News; That as I was sitting, by my Lord Chief justice, upon the Commission, for the Indicting, of the Great Person; One of the judges asked Him, whether Roper were dead? He said, He, for his part, knew not; Another of the judges answered; It should concern you, my Lord, to know it. Whereupon he turned his Speech to me, and said; No, Mr. Attorney, I will not wrestle, now in my latter times. My Lord, (said I,) you speak like a wise Man. Well, (saith he,) they have had no luck with it, that have had it. I said again, Those days be past. Here you have the Dialogue, to make you merry. But in sadness, I was glad to perceive he meant not to contest. I can but honour, and love you, and rest, Your assured Friend and Servant. A Letter, to the King, advising, how to break off, with the New Company. February 3. 1615. It may please your excellent Majesty, I Spoke, yesternight, long, with my Lord Cook; And for the Rege inconsul●o, I conceive by him, it will be, An ampliùs deliberandum censeo, (as I thought at first,) so as, for the present, your Majesty, shall not need, to renew your Commandment of Stay. I spoke with him, also, about some Propositions, concerning your Majesty's casual Revenue; wherein, I found him, to consent with me, fully; Assuming, nevertheless, that he had thought of them before: But it is one Thing, to have the Vapour of a Thought; Another, to digest Business aright. He, on his part, imparted to me, divers Things, of great weight, concerning the Reparation, of your Majesty's Means, and Finances, which I heard gladly; Insomuch, as he perceiving the same, I think, was the readier, to open himself to me, in one Circumstance, which he did much inculcate. I concur fully with him, that they are to be held secret: For I never saw, but that Business, is like a Child, which is framed invisibly in the Womb; And if it come forth too soon, it will be abortive. I know, in most of them, the Prosecution must rest, much, upon myself. But I, that had the Power, to prevail, in the Farmer's Case, of the French Wines, without the help, of my Lord Cook, shall be better able, to go through these, with his help, the ground being no less just. And this I shall ever add of mine own, that I shall ever respect your Majesty's Honour, no less than your Profit; And shall also take care, according to my pensive manner, that that, which is good, for the present, have not in it, hidden Seeds of future Inconveniences. The Matter, of the New Company, was referred, to me by the Lords, of the Priv● Council; wherein, after some private Speech, with Sir Lionel Cranfield, I made that Report, which I held, most agreeable to Truth, and your Majesty's Service. If this New Company, break, it must either, be put upon the Patent, or upon the Order, made by themselves. For the Patent, I satisfied the Board, that there was no Title in it, which was not, either Verbatim, in the Patent, of the Old Company; Or by special warrant, from the Table, inserted. My Lord Cook, with much respect to me, acknowledged, but disliked the Old Patent itself, and disclaimed, his being at the Table, when the Additions were allowed. But, in my Opinion, (howsoever my Lord Cook, to magnify his Science in Law, draweth every thing, (though sometimes unproperly, and unseasonably,) to that kind of Question,) it is not convenient, to break the Business, upon those Points. For considering, they were but Clauses, that were in the former Patents, and in many other Patents, of Companies; And that the Additions, likewise, passed the Allowance, of the Table, it will be, but clamoured, and, perhaps, conceived, that to quarrel them now, is but an Occasion taken; And that the Times are changed, rather than the Matter. But that, which preserveth entire your Majesty's Honour, and the Constancy of your Proceedings, is to put the Breach, upon their Orders. For this Light, I gave in my Report, which the Table readily apprehended, and much approved; That if the Table, reject their Orders, as unlawful, and unjust, it doth free you, from their Contract: For whosoever contracteth, or undertaketh any thing, is always understood, to perform it, by lawful means; So as, they have plainly abused the State; if that which they have undertaken, be either impossible, or unjust. I am bold, to present this Consideration, to that excellent Faculty, of your Majesty's Judgement; because, I think, it importeth that future Good, which may grow to your Majesty, in the close, of this Business; That the Falling of●, be without all Exception. God have you in his precious Custody. Your Majesties, most humble, and bounden, Subject, and Servant. A Letter, to the King, touching the Lord Chancellers Sickness. Feb. 9 1615. It may please your most excellent Majesty, I Am glad, to understand, by Mr. Murray, that your Majesty, accepteth well, of my poor Endeavours, in opening unto you, the passages of your Service; That Business may come the less crude, and the more prepared, to your Royal judgement; the perfection whereof, as I cannot expect, they should satisfy, in every particular, so I hope, through my Assiduity, there will result a good Total. My Lord Chancellers Sickness, falleth out; dur● Tempore. I have always known him, a wise Man, and of just Elevation, for Monarchy: But your Majesty's service must not be Mortal. And if you lose him, as your Majesty hath, now of late, purchased many Hearts, by depressing the Wicked: So God, doth minister unto you, a Counterpart, to do the like, by raising the Honest. God evermore preserve your Majesty. Your Majesties, most humble Subject, and bounden Servant. A Letter, to the King, of my Lord Chancellers Amendment, and the Difference begun, between the Chancery, and King's Bench, Feb. 15. 1615. It may please your excellent Majesty, I Do find, (God be thanked,) a sensible Amendment, in my Lord chancellor. I was with him yesterday in private conference, about half an Hour: And this day again, at such time, as he did seal, which he endured well, almost the space of an Hour, though the Vapour of Wax, be offensive to him. He is free from a Fever, Perfect in his powers, of Memory, and Speech; And not hollow, in his Voice, nor Look; He hath no panting, or labouring, Respiration; Neither are his Coughs dry, or weak: But whosoever thinketh, his Disease is but Melancholy, he maketh no true Judgement of it; For it is, plainly, a formed, and deep Cough, with a Pectoral surcharge; So that, at times, he doth almost, Animam agere. I forbear, to advertise your Majesty, of the Care I took, to have Commissions in readiness, because Mr. Secretary Lake, hath let me understand, he signified as much, to your Majesty: But, I hope, there shall be no use, for them, at this time. And, as I am glad, to advertise your Majesty, of the Amendment, of your Chancellers Person; So I am sorry, to accompany it, with an Advertisement, of the Sickness, of your Chancery Court, though, (by the Grace of God,) that Cure will be much easier, than the other. It is true, I did lately write to your Majesty, that for the Matter, of the Habeas Corpora, (which was the third Matter in Law, you had given me in charge;) I did think, the Communion in Service, between my Lord chancellor, and my Lord Chief justice, in the great Business of Examination, would so join them, as they would not square, at this time; But pardon me, (I humbly pray your Majesty,) if I have too Reasonable Thoughts. And yet, that which happened, the last day, of the Term, concerning certain Indictments, in the Nature of Praemunire, preferred into the King's Bench, but not sound; Is not so much, as is voiced abroad; (though I must say, it is omni tempore Nimium, et hoc tempo●e Alienum;) And therefore, I beseech your Majesty, not to give any Believing Ear, to Reports, but to receive the Truth, from me, that am your Attorney General, and aught to stand indifferent, for jurisdictions, of all Courts; which Account, I cannot give your Majesty now, because I was then absent● And some are now absent, which are properly, and authentically, to inform me, touching that which passed. Neither let this, any ways, disjoint, your other Business; For there is a time, for all things; And this very Accident, may be turned, to Good. Not that I am of Opinion, that that same Cunning Maxim, of Separa, & Impera, which sometimes holdeth in Persons, can well take place in jurisdictions; But because, some good Occasion, by this Excess, may be taken, to settle that, which would have been more dangerous, if it had gone out, by little and little. God ever preserve your Majesty. Your Majesties, most humble Subject, and most bounden Servant. A Letter, to Sir George Villiers, touching the Difference, between the Court of Chancery, and the King's Bench. Febr. 19 1615. SIR, I received, this Morning, from you, two Letters, by the same Bearer; The one written before, the other, after his Majesty had received my last. In this Difference, between the two Courts, of Chancery, and King's Bench; (For so I had rather take it, for this Time, than between the Per●ons, of my Lord chancellor, and my Lord Chief justice,) I marvel not, if Rumour get way, of true Relation. For I know Fame hath swift wings; Specially that, which hath black Feathers: But within these two days, (For sooner I cannot be ready,) I will write unto his Majesty, both the Narrative truly, and my Opinion sincerely; Ta●ing much comfort, that I serve such a King, as hath God's Property, in discerning truly, of men's Hearts. I purpose, to speak, with my Lord chancellor, this day; And so to exhibit, that Cordial, of his Majesty's Grace; As I hope, that other Accident, will rather rouse, and raise his Spirit, than deject him, or incline him to Relapse. Mean while, I commend the Wit, of a mean Man, that said this other day; Well, the next Term, you shall have an old man, come with a Besom of Wormwood, in his Hand, that will sweep away all this. For it is, my Lord Chancellers Fashion, specially towards the Summer, to carry a Posy of Wormwood. I write this Letter in Haste, to return your Messenger with it. God keep you, and long, and happily, may you serve his Majesty. Sir, I thank you for your Inward Letter; I have burned it, as you commanded. But the Fire it hath kindled in me; will never be extinguished. Your true and affectionate Servant. A Letter, to Sir George Villiers, touching a Motion, to swear him Counsellors Febr. 21. 1615. SIR, My Lord Chancellers Health, growing with the Days, and his Resignation, being an Uncertainty, I would be glad, you went on, with my first Motion, my swearing Privy Counsellor. This I desire, not so much, to make myself, more sure of the other; and to put it past Competition; (For herein, I rest wholly upon the King, and your excellent self,) But, because I find hourly, that I need this Strength, in his Majesty's service; Both ●or my better warrant, and satisfaction of my Conscience, that I deal not in Things, above my Vocation; And for my better Countenance, and Prevailing, where his Majesty's service, is, under any pretext, opposed, I would it were dispatched. I remember, a greater Matter than this, was dispatched, by a Letter, from Royston; which was, the Placing of the Archbishop, that now is: And I imagine, the King did it on purpose, that the Act might appear, to be his own. My Lord chancellor told me, yesterday, in plain Terms, that if the King, would ask his opinion, touching the Person, that he would commend, to succeed him, upon Death, or Disability, he would name me, for the fittest Man. You may advise, whether use, may not be made of this offer. I sent, a pretty while since, a Paper, to Mr. john Murrey; which was, indeed, a little Remembrance, of some Things past; concerning my honest, and faithful Services to his Majesty; Not by way of Boasting, (from which I am far,) but as Tokens, of my studying his Service; uprightly, and carefully. If you be pleased, to call for the Paper, which is with Mr. john Murrey; And to find a fit time, that his Majesty, may cast an eye upon it, I think it will do no Hurt: And I have written to Mr. Murrey, to deliver the Paper, if you call for it. God keep you in all Happiness. Your truest Servant. A Letter, to the King, concerning the Praemunire, in the King's Bench, against the Chancery. Febr. 21. 1615. It may please your most excellent Majesty, I Was yesterday, in the Afternoon, with my Lord chancellor, according to your Commandment, which I received by the Master of the Horse; And find the Old Man, well comforted; Both towards God, and towards the World, and that same middle Comfort, which is Divine, and Humane, proceeding from your Majesty, being God's Lieutenant, on Earth, I am persuaded, hath been a great Cause, that such a Sickness, hath been portable, to such an Age. I did not fail, in my Conjecture, that this Business of the Chancery, hath stirred him; He showeth to despise it, but he is full of it; And almost, like a young duelist, that findeth himself behind hand. I will now, as your Majesty requireth, give you a true Relation, of that which hath passed; Neither will I decline, your Royal Commandment, for delivering my Opinion also, though it be a tender Subject, to write on; But I, that account my Being, but as an Accident to my service, will neglect no duty upon Self-Safety. First, it is necessary, I let your Majesty know, the Ground of the Difference, between the Two Courts; that your Majesty, may the better understand the Narrative. There was a Statute made, 27 Edw. 3. Cap. 1. which (no doubt) in the principal Intention thereof, was ordained, against those, that sued to Rome● wherein there are Words, somewhat general, against any, that questioneth, or impeacheth, any judgement, given in the King's Courts, or in any other Court. Upon these doubtful words (other Courts,) the Controversy groweth. For the sounder Interpretation, taketh them, to be meant, of those Courts, which though, locally, they were not held at Rome, or where the Pope's Chair was, but h●re within the Realm; yet, in their jurisdiction, had their Dependence, upon the Court of Rome; As were the Court of the Legate here, and the Courts of the Arch-Bishops, and Bishops, which were then, but subordinate Judgement Seats, to that high Tribunal of Rome. And for this Construction, the Opposition of the Words (if they be well observed.) between the King's Court's, and other Courts, maketh very much: For it importeth, as if those other Courts, were not the King's Courts. Also, the main Scope of the Statute, fortifieth the same: And lastly, the Practice of many Ages. The other Interpretation, (which cleaveth to the Letter,) expoundeth the King's Courts, to be the Courts of Law, only, and other Courts, to be Courts of Equity, as the Chancery, Exchequer-chamber, Duchy, etc. Though this also flieth, indeed, from the Letter, for that all these, are the King's Courts. There is also another Statute, which is but a simple Prohibition, and not with a Penalty, of a Praemunire, (as the other is;) That after judgements given in the King's Courts, the parties shall be in Peace, except ●he judgement be undone, by Error, or Attaint, which is a Legal form, of Reversal. And of this also, I hold, the Sounder Interpretation to be, to settle Possessions● against Disturbances, and not to take away Remedy, in Equity, where those judgements, are obtained, ex Rigore juris, and against good Conscience. But upon these two Statutes, there hath been, a late Conceit in some, that if a Judgement, pass, at the Common Law, against any, that he may not, after ●ue, for Relief in Chancery: And if he doth, both He, and his Counsel, and his solicitors, yea and the judge in Equity himself, are within the Danger, of those Statutes. Here your Majesty, hath the true state, of the Question, which I was necessarily to open to you first, because your Majesty, calleth for this Relation; Not as News, but as Business. Now to the Historical part. It is the Course, of the King's Bench, that they give in Charge to a Grand jury, offences of all Natures, to be presented within Middlesex, where the said Court is; And the manner is, to enumerate them, as it were, i● Articles. This was done by justice Crook, the Wednesday, before the Term ended. And that Article, (If any Man, after a judgement given, had drawn the said judgement, to a new Examination, in any other Court) was by him, specially, given in charge; which had not used to be given, in charge before. It is true, it was not solemnly dwelled upon, but, as it were, thrown in amongst the rest. The last day, of the Term; (And that which all Men condemn, the supposed last day, of my Lord Chancellers life;) There were two Indictments preferred, of Praemunire, for suing in Chancery, after judgement in Common Law; The one by Rich. Glanvile, the other by William Allen: The former against Courtney, the party in Chancery, Gibb the Counsellor, and Deurst the Clerk; The latter, against Alderman Bowls, and Humphrey Smith, parties in Chancery; Serjeant More the Counsellor, Elias Wood, Solicitor in the Cause, and Sir john tindal, Mr. of the Chancery, and an Assessor, to my Lord chancellor. For the Cases themselves, it were too long, to trouble your Majesty, with them; But this I will say; If they were set on, that preferred them, they were the worst Marks-men, that ever were, that set them on. For there could not have been chosen; two such Causes, to the Honour, and Advantage, of the Chancery, for the Justness of the Decrees, and the Foulness, and Scandal, both of Fact, and person, in those that impeach the Decrees. The Grand jury, consisting, (as it seemeth,) of very Substantial, and Intelligent, Persons, would not find the Bills; Notwithstanding, they w●re clamoured by ●he parties, and twice sent back, by the Court; And in Conclusion, resolutely, 17 of 19, found an Ignoramus: wherein, for that time, I think, Ignoramus, was wiser, than those that know too much. Your Majesty will pardon me, if I be sparing, in delivering to you, some other Circumstances, of Aggravation, and of Concurrences, of some like Matters, the same day; as if it had been some Fatal constellation. They be not things, so sufficiently tried, as I dare put them, into your Ear. For my Opinion, I cannot but begin, with this Preface; That I am infinitely sorry, that your Majesty is thus put, to salve, and ●ure, not only Accidents of Time, but Errors of Servants: For I account this, a kind of Sickness, of my Lord Cooks, that comes, almost, in as ill a time, as the Sickness, of my Lord chancellor. And as (I think,) it was one of the wisest parts, that ever he played, when he went down, to your Majesty, to Roiston, and desired, to have my Lord chancellor, joined with him; So this was one of the weakest parts, that ever he played, to make all the World perceive, that my Lord chancellor, is severed from him, at this time. But for that, which may concern your Service, which is my End, (leaving other Men to their own ways;) First, my Opinion is plainly, that my Lord Cook, at this time, is not to be disgraced; Both because, he is so well habituate, for that which remains, of these Capital Causes; And also, for that, which I ●inde, is in his Breast, touching your Finances, and Matters of Repair, of your Estate. And, (if I might speak it,) as I think, it were good, his hopes were at an end, in some kind, so I could wish, they were raised, in some other. On the other side, this great, and public Affront, not only to the Reverend, and well deserving, person, of your chancellor; (And, at a time, when he was thought, to lie, on Dying, which was barbarous;) But to your High Court of Chancery, which is the Court, of your absolute power; May not, (in my Opinion,) pass lightly, nor end, only, in some Formal Atonement; But Use is to be made thereof, for the settling of your Authority, and strengthening of your Prerogative, according to the true Rules of Monarchy. Now to reconcile, and accommodate these two Advices, which seem almost opposite. First, your Majesty, may not see it, (though I con●●ss it be suspicious,) that my Lord Cook was, any way, a forehand, privy to that, which was done; Or that he did set it, or animate it; But only took the Matter, as it came before him; And that his Error was only, that at such a time, he did not divert it, in some good manner. Secondly, if it be true, (as is reported,) that any of the Puisne judges, did stir this Business; Or that, they did openly revile, and menace the jury, for doing their Conscience; (A● they did, honestly, and truly,) I think, that judge, is worthy, to lose his place. And to be plain with your Majesty, I do not think, there is any Thing, a greater Polychreston, or ad multa utile, to your Affairs, than upon a just, and fit Occasion, to make some Example, against the Presumption, of a judge, in Causes, that concern your Majesty: whereby the whole Body, of those Magistrates, may be contained the better in awe; And it may be, this will light, upon no unfit Subject, of a Person, that is Rude, and that no Man cares for. Thirdly, if there be, no one, so much in fault, (which I cannot yet affirm, either way, and there must be a just Ground, God forbid el●e;) yet I should think, that the Very Presumption, of Going so far, in so high a Cause, deserveth to have that done, which was done in this very case, upon the Indictment of Sergeant Heale, in Queen Elizabeth's time; that the Judges, should answer it, upon their knees, before your Majesty, or your Council, and receive a sharp Admonition: At which time also, my Lord Wray, being then Chief justice, slipped the Collar, and was forborn. Fourthly, for the persons themselves, Glanvile, and Allen, which are base Fellows, and turbulent, I think, there will be discovered, and proved against them, (besides the preferring of the Bil's,) such Combinations, and Contemptuous Speeches, and Behaviours; As there will be good Ground, to call them, and perhaps some of their petty Counsellors, at Law, into the Star-chamber. In all this, which I have said, your Majesty, may be pleased to observe, that I do not engage you much, in the main point of the jurisdiction; For which I have a great deal of Reason, which I now forbear. But two Things, I wish to be done. The one, that your Majesty, take this occasion, to redouble unto all your judges, your ancient, and true Charge, and Rule, That you will endure, no Innovating, the Point of jurisdiction; But will have every Court, empaled, within their own Precedents; And not assume to themselves, new Powers, upon Conceits, and Inventions, of Law: The other, that in these high Causes, that touch upon State, and Monarchy, your Majesty give them strait Charge, that upon any Occasions intervenient hereafter, they do not make the Vulgar, party to their Contestations, by public Handling them, before they have consulted with your Majesty, to whom the Reiglement, of those things, only appertaineth. To conclude, I am not without hope, that your Majesty, managing this Business, according to your great Wisdom; (unto which I acknowledge myself, not to be worthy, to be Card-holder, or a Candleholder;) will make profit, of this Accident, as a Thing of Gods sending. Lastly, I may not forget, to represent to your Majesty, that there is no Thinking of Arraignments, until these Things, be somewhat accommodate; And some outward, and superficial, Reconciliation, at least, made, between my Lord chancellor, and my Lord Chief justice.. For this Accident, is a Banquet, to all the Delinquents Friends. But this is a Thing, that falleth out, naturally, of itself; In respect, of the judges Going Circuit, and my Lord Chancellers Infirmity, with Hope of Recovery. And although this protraction of Time, may breed some doubt of Mutability, yet I have lately learned, out of an excellent Letter, of a certain King; That the Sun showeth, sometimes, watery, to our Eyes, but when the Cloud is gone, the Sun is as before. God ever preserve your Majesty. Your Majesties, most humble Subject, and bounden Servant. A Letter, to the King, of Advice, upon the Breach of the New Company. Febr: 25. 1615. It may please your most excellent Majesty, YOur Privy Council, have wisely, and truly, discerned, of the Orders, and Demands, of the New Company, that they are unlawful, and unjust; And themselves, have now acknowledged, the Work impossible, without them, by their Petition in Writing, now registered, in the Council-Book: So as this Conclusion, (of their own making,) is become peremptory, and final to themselves; And the Impossibility confessed, the Practice, and Abuse, reserved to the Judgement, the State shall make of it, This Breach then, of this great Contract, is wholly on their part; which could not have been, if your Majesty, had broken, upon the Patent: For the Patent, was your Majesty's Act; The Orders, are their Act; And in the former Case, they had not been liable, to further Question, now they are. There rest two Things, to be considered: The one if they, (like Proteus, when he is hard held,) shall yet again, vary their shape; And shall quit their Orders, convinced of Injustice, and lay their Imposition only, upon the Trade of Whites, whether your Majesty, shall further expect? The other, if your Majesty dissolve them, upon this Breach, on their part, what is further to be done, for the setting of the Trade, again, in joint, and for your own Honour, and profit? In both which points, I will not presume to give Opinion, but only, to break the Business, for your Majesty's better Judgement. For the first, I am sorry, the Occasion was given, (by my Lord Cook's Speech, at this time, of the Commitment of some of them;) That they should seek, Omnem movere lapidem, to help themselves. Better it had been, if (as my Lord Penton said to me, that Morning, very judiciously, and with a great Deal of Foresight;) That, for that time, they should have had, a Bridge, made for t●em, to be gone. But my Lord Cook floweth, according to his own Tides, and not according to the Tides of Business. The things which my Lord Cook said, was good, and too little, but, at this time, it was too much. But that is past. Howsoever, if they should go back, and seek again, to entertain your Majesty, with new Orders, or Offers, (as is said to be intended,) your Majesty hath ready; two Answers, of Repulse, if it please your Majesty to use them. The one, that this is now the Fourth time, that they have mainly broken, with your Majesty, and contradicted themselves. First, they undertook, to die, and dress, all the Cloa●hes of the Realm; Soon after, they wound themselves, into the Trade, of Whites, and came down to the proportion contracted. Secondly, they ought to have performed that Contract according to their Subscription, pro ratâ, without any of these Orders, and Impositions. Soon after, they deserted their Subscription, and had recourse, to these Devices, of Orders. Thirdly, if by Order, and not by Subscription, yet their Orders, should have laid it, upon the Whites, which is an Unlawful, and Prohibited, Trade. Nevertheless, they would have brought in, lawful, and settled Trades, full Manufactures, Merchandise of all Natures, Poll-Money, or Brotherhood-Money, and I cannot tell what. And now lastly, it seemeth, they would go Back, to lay it, upon the Whites: And therefore, whether you Majesty, will any more rest, and build this great Wheel, of your Kingdom, upon these broken, and brittle, Pinns, and try Experiments further, upon the Health, and Body, of your State, I leave to your Princely judgement. The other Answer, of Repulse, is a kind of Apposing them, what they will do, after the three years, contracted for? Which is a point, hitherto, not much stirred, though Sir Lionel Cranfield, hath ever beaten upon it, in his Speech with me: For after the three years, they are not tied, otherways, than as Trade shall give Encouragement; Of which Encouragement, your Majesty, hath a bitter Tast. And if they should hold on, according to the third years Proportion, and not rise on, by further gradation, your Majesty hath not your End. No, I fear, and have long feared, that this Feeding of the Foreiner, may be dangerous: For as we may think, to hold up our Clothing, by Vent of Whites, till we can die, and dress; So they, (I mean the Dutch,) will think to hold up, their Manufacture, of Dying, and Dressing, upon our Whites, till they can clothe: So as your Majesty, hath the greatest reason, in the World, to make the New Company, to come in, and strengthen that part, of their Contract; And they refusing, (as it is confidently believed they will,) to make their Default, more visible, to all Men. For the second main part, of your Majesty's Consultation; That is, what shall be done, supposing an absolute Breach; I have had some Speech, with Mr. Secretary Lake, and likewise with Sir Lionel Cranfield; And, (as I conceive,) t●ere may be three ways, taken into consideration. The first is, that the Old Company be restored, who, (no doubt,) are in Appetite, and (as I find by Sir Lionel Cranfield,) not unprepared; And that the Licences; The one, that of 30000 clothes, which was the old Licence; The other, that of my Lord of Cumberlands, which is, without stint, (my Lord of Cumberland receiving Satisfaction;) be compounded, into one entire Licence, without stint; And then, that they, amongst themselves, take order, for that profit, which hath been offered to your Majesty. This is a plain, and known way, wherein your Majesty, is not an Actor; only it hath ●his, that the Work, of Dying, and Dressing, clothes, which hath been so much glorified, seemeth to be wholly relinquished, if you leave there. The second is, that there be a free Trade, of Cloth, with this Difference; That the Died, and dressed, pay no Custom, and the Whites double Custom, it being a Merchandise prohibited, and only licentiate. This continueth in life, and ●ame, the ●ork desired, and will have a popular Applause. But I do confess, I did ever think, that Trading, in Companies, is most agreeable to the English Nature, which wants that same general Vein, of a Republic, which runneth in the Dutch; And serves to them, instead of a Company. And therefore, I dare not advise, to adventure, this great Trade, of the Kingdom, (which hath been so long, under Government,) in a free, or lose, Trade. The Third is, a Compounded Way of both, which is; To go on, with the Trade, of Whites, by the Old Company restored; And that your Majesty's Profit be raised, by Order amongst Themselves; Rather than by double Custom, wherein you must be the Actor: And that, nevertheless, there be added a Privilege, to the same Company, to carry out clothes, Dyed, and Dressed, Custom-free; Which will still continue, as a glorious Beam, of your Majesty's Royal Design. I hope, and Wish, at least, that this, which I have written, may be of some use, to your Majesty, to settle, by the Advice, of the Lords about you, this great Business. At the least, it is the Effect, of my Care, and poor Ability, which, if in me be any, it is given me, to no other end, but faithfully, to serve your Majesty. God ever preserve you. Your Majesties, most humble Subject, and bounden Servant. Another Letter, to Sir George Villiers, touching a Motion, to swear him Counsellor. February 27. 1615. SIR, I humbly pray you, not to think me overhasty, or much in Appetite, if I put you in Remembrance, of my Motion, of strengthening me, with the Oath, and Trust, of a Privy Counsellor; Not for mine own strength, (For as to that, I thank God, I am armed within,) but for the Strength, of my Service. The Times, I submit to you, who knoweth them best. But sure I am, there were never Times, which did more require, a King's Attorney, to be well armed, and (as I said once to you,) to wear a Gauntlet, and not a Glove. The Arraignments, when they proceed; The Contention, between the Chancery, and Kings Bench The great Cause, of the Rege inconsulto, which is so precious, to the King's Prerogative; Divers other Services, that concern the King's Revenue, and the Repair of his Estate. Besides, it pleaseth his Majesty, to accept well, of my Relations, touching his Business; which may seem, a kind of Interloping, (as the Merchants call it,) for one that is no Counsellor. But I leave all unto you, thinking myself infinitely bounden unto you, for your great Favours; The Beams whereof, I see plainly, reflect upon me, even from others: So that now, I have no greater Ambition, than this; That, as the King, showeth Himself to you, the best Master, so I might be found, your best Servant. In which Wish, and Vow, I shall ever rest. Most devoted, and affectionate, to obey your Commands. A Letter, to the King, upon some Inclination, of his Majesty, to him, for the Chancellers Place. April 1. 1616. It may please your most excellent Majesty, THe last day, when it pleased your Majesty, to express yourself, towards me, far above that, I can deserve, or could expect, I was surprised, by the Princes coming in: I most humbly pray your Majesty, to accept these few Lines, of Acknowledgement. I never had great Thought, for myself, further than to maintain, those great Thoughts, which, I confess, I have, for your Service. I know, what Honour is; And I know, what the Times are. But, I thank God, with me, my Service is the Principal; And it is far from me, under Honourable Pretences, to cover base Desires; which I account then to be, when Men refer, too much to Themselves, especially serving such a King. I am afraid of Nothing, but that the Master of the Horse, your Excellent Servant, and I, shall fall out, who shall hold your Stirrup best. But were you Mounted, and Seated, without Difficulties, and Distastes, in your Business, as I desire, and hope to see you; I should, ex animo, desire, to spend the Decline, of my years, in my Studies. Wherein also, I should not forget, to do him Honour, who, besides his Active, and Politic Virtues, is the best Pen of Kings; Much more, the best Subject of a Penn. God ever preserve your Majesty. Your Majesties, most humble Subject, And more, and more, obliged Servant. A Letter, to Sir George Villiers, touching his Swearing Counsellor, May 30. 1616. SIR, The time is, as I should think, now, or never, ●or his Majesty, to finish his good Meaning towards me; If it please him to consider, what is past, and what is to come. If I would tender my Profit, and oblige Men unto me, by my Place, and Practice, I could have more profit, than I could devise; And could oblige all the World, and offend none; which is a brave Condition, for a Man's Private. But my Heart, is not, on these Things. Yet, on the other side, I would be sorry, that worthless Persons, should make a Note, that I get Nothing, but Pains, and Enemies; And a little Popular Reputation, which followeth me, whether I will, or no. If any thing, be to be done, for yourself, I should take infinite Contentment, that my Honour, might wait upon yours: But I would be loath, it should wait upon any Mans else. If you would put your strength, to this Business, it is done; And that done, many Things more, will begin. God keep you ever; I rest, Your true, and devoted, Servant. A Letter, to Sir George Villiers, upon the Choice, his Majesty gave him, whether he would be sworn Counsellor, or have Assurance, to succeed the chancellor, june 3. 1616. SIR, The King giveth me a noble choice; And you are the Man, my Heart ever told me, you were. Ambition would draw me, to the latter part of the Choice; But, in respect of my hearty wishes, that my Lord chancellor, may live long; And the small Hopes I have, that I shall live long, myself; And above all, because I see, his Majesty's Service, daily, and instantly, bleedeth; Towards which, I persuade myself, (vainly perhaps, but yet in mine own thoughts, firmly, and constantly,) that I shall give, when I am of the Table, some effectual Furtherance, (as a poor Thread of the Labyrinth, which hath no other Virtue, but an united Continuance, without Interruption, or Distraction;) I do accept of the former, to be Counsellor, for the present, and to give over pleading at Barr; Let the other Matter rest upon my Proof, and his Majesty's Pleasure, and the Accidents of Time. For to speak plainly, I would be loath, that my Lord chancellor, to whom I owe most, after the King, and your Self, should be locked to his Successor, for any Advancement, or Gracing, of me. So I ever remain. Your true, and most devoted, and obliged, Servant. To his very Honourable good Friend, Sir George Villiers, Master of the Horse, to his Majesty, and of the most Noble Order of the Garter. june 12. 1616. SIR, I send his Majesty, a Draught, of the Act of Counsel, concerning the judge's Letter; penned, as near as I could, to his Majesty's Instructions, received in your presence. I than told his Majesty, my Memory was not able, to keep way with his; And therefore his Majesty will pardon me, for any Omissions, or Errors; And be pleased; to supply, and reform the same. I am preparing, some other Materials, for his Majesty's excellent Hand, concerning Business, that is coming on. For since his Majesty, hath renewed my Heart within me, methinks, I should double my endeavours. God ever preserve, and prosper you; I rest. Your most devoted, and bounden, Servant. A Letter, to Sir George Villiers, for the Restoring of Doctor Burgis, to preach, june 12. 1616. SIR, I do think, you may do yourself Honour, and, (that which is more,) do a good Work, if you will assist, and perfect, a Motion begun, (and that upon a good Ground, both of Submission, and Conformity,) for the restoring, of Doctor Burgis, to Preach; And I wish, likewise, that if Gray Inn should think good, (after he is free from the State,) to choose him, for their Preacher, his Majesty should not be against it; For certainly, we should watch him well, if he should fly forth; So as he cannot be placed, in a more safe Auditory. This may seem a Trifle, bu● I do assure you, I do scarce know a particular, wherein you may open, more honest Mouths, to speak Honour of you, than this. And I do extremely desire, there may be a full Cry, from all sorts of People, (especially the best,) to speak, and to trumpet out, your Commendations. ● pray you take it to Heart, and do somewhat in it. I rest. Your devoted and Bounden Servant. A Letter, to Sir George Villiers, of Advice, concerning Ireland; From Gorhambury, to Windsor. july 5. 1616. SIR, Because I am uncertain, whether his Majesty, will put to a point, some Resolutions, touching Ireland, now at Windsor; I thought it my duty, to attend his Majesty, by my Letter, and thereby to supply my Absence. For the Renewing, of some former Commissions, for Ireland; And the Framing, of a new Commission, for the Wards, and the Alienation, (which appertain properly to me, as his Majesty's Attorney, and have been accordingly referred by the Lords;) I will undertake, that they are prepared, with a greater care, and better applications, to his Majesty's Service in that Kingdom, than heretofore they have been. And therefore of that I say no more. And for the Instructions, of the new Deputy, they have been set down, by the two Secretaries, and read to the Board; And being things, of an ordinary nature, I do not see, but they may pass. But there have been three Propositions, and Counsels, which have been stirred, which seem to me, of very great Importance; wherein, I think myself bound, to deliver to his Majesty, my Advice, and Opinion, if they should now come in Question. The first is, touching the Recusant Magistrates, of the Towns, of Ireland, and the Commonalties themselves, their Electours, what shall be done? Which Consultation ariseth, from the late Advertisements, of the two Lords justices, upon the Instance, of the two Towns, Limrick, and Kilkenny; In which Advertisements, they represent the Danger only, without giving any Light, for the Remedy; Ratner warily ●or themselves, than agreeable to their Duties, and places. In this point, I humbly pray his Majesty, to remember, that the Refusal is not, of the Oath of Allegiance, (which is not enacted in Ireland;) but of the Oath of Supremacy, which cutteth deep, into Matter of Conscience. Also, that his Majesty will, out of the dept●, of his Excellent Wisdom, and Providence, think, and as it were, calculate with himself; Whether Time, will make more, for the Cause of Religion, in Ireland, and be still more, and more, propitious; Or whether Deferring Remedies, will not make the Case more difficult. For if Time, give his Majesty Advantage, what needeth precipitation, to extreme Remedies? But if Time, will make the case more desperate, than his Majesty, cannot begin, too soon. Now in my Opinion, Time will open, and facilitate Things, for Reformation of Religion there; And not shut up, or lock out, the same. For first, the Plantations going on, and being, principally, of Protestants, cannot but mate the other party, in Time: Also, his Majesty's Care, in placing good Bishops, and good Divines; In amplifying the College there; And in looking, to the Education, of Wards, and such like; As they are, the most Natural Means, so are they like, to be the most effectual, and happy, for the Weeding out of Popery, without using the Temporal Sword; So that, I think, I may truly conclude, that the Ripeness of Time, is not yet come. Therefore my Advice is, in all Humbleness, that this hazardous Course, of Proceeding, to tender the Oaths to the Magistrates of Towns, proceed not, but die by degrees: And yet, to preserve the Authority, and Reputation, of the former Council, I would have somewhat done; which is, that there be a proceeding, to Seizure, of Liberties; But not, by any Act of Power, but by Quo Warranto, or Scire facias; which is a Legal Course; An● will be the Work of three, or four, Terms; By which time, the Matter will somewhat cool. But I would not, (in any case,) that the Proceedings, should be with both Towns, which stand now in contempt, but with one of them, only: choosing that, which shall be thought most fit. For if his Majesty, proceed with both, than all the Towns, that are in the like case, will think it a common Cause; And that it is, but their Case too day, and their own too morrow. But if his Majesty proceed, but with one, the Apprehension, and Terror, will not be so strong; For they will think, it may be their Case, to be spared, as well, as prosecuted; And this is the best Advice, that I can give to his Majesty, in this Straight; And of this Opinion, seemed my Lord chancellor, to be. The Second Proposition is this: It may be, his Majesty will be moved, to reduce, the Number, of his Council, of Ireland, which is now almost Fifty, to Twenty, or the like Number; In respect, that the Greatness of the Number, doth both embase the Authority, of the Council, and divulge the Business. Nevertheless, I hold this Proposition, to be rather specious, and solemn than needful, at this time; For certainly, it will fill the State, full of Discontent; which, in a Growing, and unsettled Estate, ought not to be. This I could wish, that his Majesty, would appoint a select Number, of Counselors there, which might deal, in the Improvement, of his Revenue; (Being a Thing not fit to pass, through too many Hands;) And the said selected Number, should have days of Sitting, by themselves. At which, the rest of the Council, should not be present; which being once settled, than other principal Business of State, may be handled at those Sittings, and so the rest begin to be disused, and yet retain their Countenance, without Murmur, or Disgrace. The Third Proposition, as it is moved, seemeth to be pretty, if it can keep promise: For it is thus. That a Means, may be found, to reinforce his Majesty's Army, by 500, or a 1000 Men; And that, without any Penny Increase, of Charge. And the Means should be, that there should be a Commandment of a Local Removing, and transferring some Companies, from one Province, to another: whereupon it is supposed, that many, that are planted, in House, and Lands, will rather lose their Entertainment, than remove; And thereby, new Men may have their Pay, and yet the old, be mingled in the Country, for the Strength thereof. In this Proposition, two things may be feared: The one, Discontent of those, that shall be put off: The other, that the Companies shall be stuffed with Novices, and Tyrones, instead of Veterani. I wish therefore, that this Proposition, be well debated, ere it be admitted. Thus having performed that, which Duty binds me to; I commend you, to God's best preservation. Your most devoted, and bounden Servant. A Letter, from the King's Attorney General, to the Master of the Horse, upon the sending, of his Bill, for Viscount. August 5. 1616. SIR, I send you the Bill, ●or his Majesty's Signature, reform, according to his Majesty's Amendments, both in the two places, (which, I assure you, were both altered, with great Judgement;) And in the Third place, which his Majesty termed a Question only. But he is an idle Body, that thinks his Majesty, asks an idle Question; And therefore, his Majesty's Questions, are to be answered, by Taking away, the Cause of the Question, and not by Replying. For the Name, his Majesty's Will, is a Law, in those things; And to speak Truth, it is a well-sounding, and Noble Name, both here, and abroad: And being your proper Name, I will take it, for a good Sign, that you shall give Honour, to your Dignity, and not your Dignity to you. Therefore I have made it Viscount Villiers: And for your Baronry, I will keep it for an Earldom: For though the other, had been more orderly, yet that is as usual, and both alike good in Law. For Ropers place, I would have it, by all means, dispatched. And therefore, I marvel, it lingreth. It were no good manners, to take the Business, out of my Lord Treasurer's hands; And therefore, I purpose, to write to his Lordship, if I hear not from him, first, by Mr. Deckom. But if I hear of any Delay, you will give me leave, (especially since the King named me,) to deal with Sir john Roper, myself; For neither I, nor my Lord Treasurer, can deserve any great thanks of you, in this Business, considering the King hath spoken to Sir john Roper, and he hath promised; And besides, the thing itself, is so reasonable, as it ought, to be as soon done, as said. I am now gotten, into the Country, to my House, where I have some little Liberty, to think of that, I would think of, and not of that, which other Men, Hourly break my Head withal, as it was at London. Upon this, you may conclude, that most of my Thoughts, are of his Majesty; And then, you cannot be far off. God ever keep you, and prosper you. I rest always, Your true, and most devoted, Servant. A Letter, to Sir George Villiers, upon the Sending, his Patent, of Viscount Villiers, to be Signed. August 12. 1616. SIR, I have sent you, now, your Patent, of Creation, of Lord Blechley, of Blechly, and of Viscount Villiers. Blechley is your own; And I liked, the sound of the Name, better than Whaddon: But the Name, will be hid, for you will be called Viscount Villiers. I have put them both in a Patent, after the manner of the Patent of Arms, where Baronries are joined. But the chief Reason was, because I would avoid double Prefaces; which had not been fit: Nevertheless Ceremony of Roabing, and otherwise, must be double: And now, because I am in the Country, I will send you, some of my Country Fruits, which, with me, are good Meditations; which, when I am in the City, are choked with Business. After that the King, shall have watered, your new Dignities, with his Bounty, of the Lands, which he intends you; And that, some other things, concerning your means, which are now likewise in Intention, shall be settled upon you; I do not see, but you may think, your private Fortunes established; And therefore, it is now time, that you should refer your Actions, chiefly, to the Good, of your Sovereign, and your Country. It is the life, of an Ox, or a Beast, always to eat, and never to exercise; But Men are born, (especially Christian Men,) not to cramm in their Fortunes, but to exercise their Virtues; And yet, the other, have been the unworthy, and, sometimes, the unlucky humour, of great Persons, in our Times; Neither will your further Fortune, be the further off. For assure yourself, that Fortune, is of a woman's Nature, that will sooner follow you by slighting, than by too much Wooing: And in this Dedication, of yourself to the Public, I recommend unto you, principally, that which I think, was never done, since I was born; And which not done, hath bred, almost, a Wilderness, and Solitude, in the King's Service: which is, that you countenance, and encourage, and advance, able, and virtuous Men, in all Kinds, Degrees, and Professions. For in the time of some late great Counselors, when they bore the Sway, able Men, were by design, and of purpose, suppressed: And though, now since, Choice goeth better, both in Church, and Commonwealth, yet Money, and Turn-Serving, and Cunning Canvises, and Importunity, prevail too much. And in places of Moment, rather make Able and Honest Men, yours, than advance those, that are otherwise, because they are yours: As for Cunning and Corrupt Men, you must, I know, sometimes use them, but keep them at a distance; And let it appear, that you make use of them, rather than that they lead you. Above all, depend wholly, (next to God,) upon the King; And be ruled, (as hitherto you have been,) by his Instructions; For that's best for yourself. For the King's Care, and Thoughts, concerning you, are according to the Thoughts, of a great King; whereas your Thoughts, concerning yourself, are, and aught to be, according to the Thoughts of a Modest Man. But let me not weary you. The Sum is, that you think Goodness, the best part of Greatness; And that you remember, whence your Rising comes, and make return accordingly. God ever keep you. A Letter, to the King, touching Sir George Villiers Patent, for Baron of Blechley, and Viscount Villiers. August 12. 1616. It may please your most excellent Majesty, I Have sent, Sir George Villiers Patent, drawn again, containing also a Baronry; The Name, Blechley, which is his own; And to my Thinking, soundeth better, than Whaddon. I have included both, in one Patent, to avoid a double Preface, and as hath been used, in the Patents, of Earls, of like nature. Nevertheless, the Ceremony of Roabing, and otherwise, is to be double, as is also used, in like case of Earls. It resteth, that I express unto your Majesty, my great Joy, in your Honouring, and Advancing, this Gentleman: whom to describe, not with Colours, but with true Lines, I may say this; Your Majesty, certainly, hath found out, and chosen, a safe Nature, a capable Man, and honest Will, Generous and Noble Affections, and a Courage well lodged; And one that, I know, loveth your Majesty, unfeignedly; And admireth you as much, as is in a Man, to admire his Sovereign, upon Earth. Only, your Majesty's School, (wherein, he hath already so well profited, as in this Entrance upon the Stage, being the Time of greatest Danger, he hath not committed any manifest Error;) will add Perfection, to your Majesty's comfort, and the great Contentment, of your People. God ever preserve, and prosper, your Majesty. I rest in all Humbleness, Your Majesties, most bounden, and most devoted, Subject, and Servant. A Letter, to Sir George Villiers, upon the Sending, of his Patent, for the Creation, of Viscount, Sealed August 20. 1616. SIR, I took much Contentment, in that, I perceive by your Letter, that you took, in so good part, the Freedom of my Advice; And that yourself, in your own Nature, consented therewith. Certainly, no Service is comparable, to good Counsel; And the Reason is, because no Man, can do so much, for another, as a Man, may do for himself: Now good Counsel, helpeth a Man, to help himself. But you have so happy a Master, as supplieth all. My Service, and good will, shall not be wanting. It was graciously, and kindly, done also, of his Majesty, towards me, to tell you, that you were beholding to me. But it must be then, for Thinking of you, as I doe● For otherwise, for Speaking, as I think, it is but the part of an Honest Man. I send you your Patent, whereof God give you Joy: And I send you here, enclosed, a little Note of Remembrance, for that part of the Ceremony, which concerneth the Patent: For as for other Ceremonies, I leave to others. My Lord chancellor, dispatched your Patent, presently, upon the Receipt; And writ to me, how glad he was of it, and how well he wished you. If you writ to him, a few words of Thanks, I think, you shall do well. God keep you, and prosper you. I ever rest Your true, and most devoted, Servant. A Letter, to Sir George Villiers, acknowledging the King's Favour in granting, some Suit of his. August 22. 1616. SIR, I am more, and more, bound, unto his Majesty, who, I think, knowing me, to have other Ends, than Ambition, is contented, to make me Judge, of mine own Desires. I am now beating my Brains, (amongst many Cares, of his Majesty's Business,) touching the Redeeming the Time, in this Business of Cloth. The great Question is; How to miss, or how to mate the Flemings; How to pass by them, or how to pass over them. In my next Letter, I shall alter your Style; But I shall never, whilst I breath, alter mine own Style; In being Your true, and most devoted, Servant. The Lord Keeper's Letter, to the University, in answer, of their Congratulation, at his first Coming to that place: To the Renowned University of Cambridge, his Dear, and Reverend, Mother. I Am Debtor to you of your Letters, and of the Time, likewise, that I have taken, to answer them; But as soon as I could choose, what to think on, I thought good, to let you know, That although, you may err much, in your valuation of me, yet you shall not be deceived, in your Assurance: And for the other part also, though the manner be, to mend the Picture, by the Life; yet I would be glad, to mend the Life, by the Picture, and to become, and be, as you express me to be. Your Gratulations, shall be no more welcome to me, than your Business, or occasions; which I will attend; and yet not so, but that I shall endeavour, to prevent them, by my care of your Good. And so I commend you, to God's goodness. Your most loving, and assured Friend, and Son, Fr. Bacon. C. S. Gorhambury, Apr. 12. 1617. A Letter of King James, written to his Lordship, when he was Lord chancellor, with his Majesties own Hand, upon the sending to him, his Book, of Instauratio Magna, then newly published. MY Lord, I Have received your Letter, and your Book, than the which, you could not have sent, a more acceptable Present unto me. How thankful I am for it, cannot better be expressed by me, than by a firm Resolution, I have taken; First, to read it thorough, with care, and attention; Though I should steal, some Hours, from my Sleep; Having otherwise, as little spare time, to read it, as you had, to write it. And the● to use the liberty, of a true Friend, in not sparing, to ask you the question, in any point, whereof I shall stand in doubt; (Nam ejus est Explicare, cujus est Condere;) As, on the other part, I will willingly give, a due commendation, to such places, as; in my opinion, shall deserve it. In the mean time, I can, with com●ort, assure you, that you could not have made choice, of a Subject, more befitting your place● and your universal, and Methodick, Knowledge; And, in the general, I have already observed, that you jump with me, in keeping the mid way, between the two Extremes; As also in some particulars, I have found, that you agree fully, with my opinion. And so praying God, to give your Work, as good Success, as your Heart can wish, and your Labours deserve, I bid you heartily farewell. james Rex. Octob. 16. 1620. OTHER LETTERS, BY THE SAME Honourable Author, Written in the Days of QVEEN ELIZABETH. LONDON, Printed by F. L. for William Lee, at the sign of the Turks-Head, in Fleetstreet, 1657. OTHER LETTERS, WRITTEN BY THE SAME Honourable Author. To my Lord of Essex. My singular good Lord, I May perceive, by my Lord Keeper, These Letters following, I find not, in his Lordship's Register-Book, of Letters; But I am enduced, by the Style, and other Characters, to own them, to be his. that your Lordship, as the time served, signified unto him, an Intention, to confer with his Lordship, at better opportunity; Which, in regard, of your several, and weighty occasions, I have thought good, to put your Lordship, in remembrance of; That now, at his Coming to the Court, it may be executed; Desiring your good Lordship, nevertheless, not to conceive, out of this my diligence, in soliciting this matter, that I am, either much in Appetite, or much in Hope. For as for Appetite; The Waters of Parnassus, are not like, the Waters, of the Spa, that give a Stomach; But rather, they quench Appetite, and Desires. And for Hope; How can he hope much, that can allege no other Reason, than the Reason of an Evil Debtor; who will persuade his Creditor, to lend him new Sums, and to enter further in with him, to make him satisfy the old? And to her Majesty, no other Reason, but the Reason of a Waterman; I am her first Man, of those, who serve in Counsel of Law. And so, I commit your Lordship, to God's best preservation. To my Lord of Essex. My Lord, COnceiving that your Lordship, came now up, in the person of a good Servant, to see your Sovereign Mistress; which kind of Compliments, are many times, Instar magnorum Meritorum; And therefore, that it would be hard for me, to find you, I have committed, to this poor Paper, the humble Salutations of him, that is more yours, than any Man's; And more yours, than any Man. To these Salutations, I add, a due, and joyful Gratulation, confessing that your Lordship, in your last conference with me, before your Journey, spoke not in vain, God making it good; That you trusted, we should say, Quis putasset? Which, as it is found true, in a happy sense, so I wish, you do not find, another Quis putasset, in the manner, of taking, this so great a Service. But, I hope, it is, as he said; Nubecula est, citò transibit: And that your Lordship's Wisdom, and Obsequious Circumspection, and Patience, will turn all to the best. So referring all, to some time, that I may attend you, I commit you to God's best preservation. To my Lord of Essex. My Lord, I Am glad, your Lordship, hath plunged, out of your own business. Wherein, I must commend your Lordship, as Xenophon commended, the State, of his Country; which was this; That having chosen, the worst Form of Government, of all others, they governed the best, in that kind. Hoc, Pace, et Veniâ tuâ, according to my Charter. Now, as your Lordship is my Witness, that I would not trouble you, whilst your own Cause was in hand; (Though that I know, that the further from the Term, the better the time, was to deal ●or me;) So that being concluded, I presume, I shall be one, of your next Cares. And having communicated with my Brother, of some course, either to perfect the first, or to make me some other way; Or rather, by seeming to make me some other way, to perfect the first, wherewith he agreed to acquaint your Lordship; I am desirous, for mine own better satisfaction, to speak with your Lordship, myself; Which I had rather, were somewhere else, than at Court; And as soon, as your Lordship, well assign me, to wait on you. And so in, etc. To Sir Robert Cecil. SIR, YOur Honour knoweth, my Manner is, though it be not the wisest way, yet taking it for the honestest, to do, as Alexander did, by his Physician; In drinking the Medicine, and delivering the Advertisement, of Suspicion: So I trust on, and yet do not smother, what I hear. I do assure you, Sir, that by a wise Friend of mine, and not factious toward your Honour, I was told, with asseveration, that your Honour, was bought, by Mr. Coventry, for 2000 Angels; And that you wrought, in a contrary spirit, to my Lord your Father. And he said further, that from your Servants, from your Lady, from some Counselors that have observed you in my business, he knew, you wrought, under hand, against me. The truth of which Tale, I do not believe; you know the Event will show, and God will right. But as I reject this Report, (though the Strangeness of my Case, might make me credulous;) so I admit a Conceit, that the last Messenger, my Lord, and yourself used, dealt ill with your Honours; And that Word, (Speculation,) which was in the Queen's mouth, rebounded from him, as a Commendation: For I am not ignorant, of those little Arts. Therefore, I pray, trust not him again, in my matter. This was much to write, but I think my Fortune, will set me at liberty, who am weary of asserviling myself, to every Man's charity. Thus I, etc. To Sir John Stanhope. SIR, YOur good promises sleep, which it may seem, now, no time to awake. But that I do not find, that any general Calendar, of Observation of time, serveth for the Court: And besides, if that be done, which I hope, by this time, is done; And that other matter shall be done, which we wish may be done, I hope to my poor Matter, the one of these great Matters, may clear the way, and the other give the occasion. And though my Lord Treasurer be absent; whose Health, nevertheless, will enable him, to be sooner at Court, than is expected; especially if this hard weather, (too hard to continue,) shall relent; yet we abroad say, his Lordship's spirit may be there, though his person be away. Once I take for a good ground, that her Majesty's Business, aught to keep, neither Vacation, nor Holiday; either in the Execution, or in the Care and preparation, of those, whom her Majesty calleth, and useth● And therefore, I would think, no time barred, from remembering that, with such discretion, and respect, as appertaineth. The Conclusion shall be, to put you in mind, to maintain that which you have kindly begun, according to the Reliaunce, I have, upon the Sincerity, of your Affection, and the Soundness of your Judgement. And so I commend you, to God's preservation. To my Lord of Essex. It may please your good Lordship, I Am very sorry, her Majesty should take my Motion to travail, in offence. But surely, under her Majesty's Royal Correction, it is such an Offence, as it should be, an offence to the Sun, when a Man, to avoid the scorching heat thereof, flieth into the shade. And your Lordship may ●asily think, that having now these twenty years, (For so long it is, and more, since I went, with Sir Am●as Paulett, into Fra●ce, from her Majesty's royal Hand,) I made Her Majesty's Service, the Scope of my life: I shall never find a greater grief than this, Relinquere Amorem Primum. But since, principia Actionum, sunt tantùm, in nostrâ potestate; I hope, her Majesty, of her Clemency, yea and Justice, will pardon me, and not force me, to pine here, with Melancholy. For though mine Heart be good, yet mine Eyes will be sore; So as I shall have no pleasure, to look abroad: And if I should otherwise be affected, her Majesty, in her Wisdom, will but think me, an impudent Man, that would face out a disgrace. Therefore, as I have ever found you, my good Lord, and true Friend, so I pray, open the matter so, to her Majesty, as she may discern the necessity of it, without adding hard Conceit, to her Rejection; Of which, I am sure, the latter I nev●r deserved. Thus, etc. To the Lord Treasurer. It may please your good Lordship, I Am to give you humble Thankss, for your favourablr opinion, which by Mr. Secretary's report, I find, you conceive of me, for the obtaining of a good place, which some of my honourable Friends, have wished unto me, Nec Opinanti. I will use no reason, to persuade your Lordship's Mediation, but this; That your Lordship, and my other Friends, shall in this, beg my life, of the Queen; For I see well, the Bar will be my Beer, as I must, and will use it, rather than my poor Estate, or Reputation, shall decay. But I stand indifferent, whether God call me, or her Majesty. Had I that in possession, which by your Lordship's only means, against the greatest opposition, her Majesty granted me, I would never trouble her Majesty, but serve her still voluntarily, without pay. Neither, do I, in this, more, than obey my Friends Conceits, as one that would not be, wholly wanting to myself. Your Lordship's good opinion, doth somewhat confirm me, as that I take com●ort in, above all others; Assuring your Lordship, that I n●v●r thought so well of myself, for any one thing, as that I have found a fitness, to my Thinking, in myself, to observe, and revere● your Virtues. For the Continuance whereof, in the prolonging, of your days, I will still be your Beadsman; And accordingly, at this time, commend your Lordship, to the Divine Protection. To Foulk Grevil. SIR, I Understand of your pains, to have visited me; For which I thank you. My Matter is an endless Question. I assure you, I had said; Requiesce anima mea: But now, I am otherwise put, to my psalter; Nolite confidere. I dare go no farther. Her Majesty, had by set speech, more than once, assured me, of her Intention, to call me to her service; which I could not understand, but of the place, I had been named to. And now, whether Invidus Homo hoc fecit; Or whether my Matter, must be an Appendix to my Lo: of Essex su●e; Or whether her Majesty, pretending to prove my Ability, meaneth, but to take advantage, of some Errors, which, like enough, at one time, or other, I may commit; Or what it is; But her Majesty, is not ready, to dispatch it. And what though the Mr. of the Rolls, and my Lo: of Essex, and yourself, and others, think my case without doubt; yet in the mean time, I have a hard condition, to stand so, that whatsoever service, I do to her Majesty, it shall be thought to be, but servitium viscatum, lime-twiggs, and Fetches, to place myself; And so I shall have Envy, not Thanks. This is a Course, to quench all good spirits, and to Corrupt every Man's Nature; which will, I fear, much hurt, her Majesty's Service, in the end. I have been like a pi●ce of Stuff, bespoken in the shop: And if her Majesty, will not take me, it may be, the selling by parcels, will be more gainful. For to be, as I told you, like a Child, following a Bird, which when he is nearest, flieth away, and lighteth a little before, and then the Child after it again, and so in Infinitum, I am weary of it: As also, of wearying my good Friends; Of whom, Nevertheless, I hope, in one course or other, gratefully to deserve. And so, not forgetting your Business, I leave to trouble you, with this idle Letter, being but justa, & Moderata Querimonia. For indeed, I do confess, primus Amor, will not easily be cast off. And thus again, I comm●nd me to you. To the Lord Treasurer Burghley. Most Honourable, and my very good Lord. I Know, I may commit an Error, in writing this Letter, both in a time, of great, and weighty Business; As also, when myself, am not induced thereto, by any new particular occasion: And therefore, your Lordship may impute to me, either Levity, or Ignorance, w●at appertaineth to good respects, and forwardness of D●aling; Especially to an Honourable Pe●son, in whom there is such concurrence, of Magnitudo Honoris, & Oneris; As it is hard to say, whether is the greater. But I answer myself first, that I have ever noted it, as a part, of your Lordship's exce●●ent Wisdom, Parvis componere Magna; That you do not exclude inferior matters, of Access, amongst the Care of great. And for myself, I thought, it would better manifest, what I desire to express, if I did write out of a deep, and settled consideration, of mine own Duty, rather than upon the spur of a particular Occasion. And therefore, (my singular good Lord) Ex abundantia cordis, I must acknowledge, how greatly, and diversely, your Loodship hath vouchsafed, to tie me unto you, by Many your Benefits. The Reversion of the Office, which your Lordship Only procured unto me, and carried through great, and vehement, Opposition, though it yet bear no fruit, yet it is one of the fairest Flowers, of my poor Estate; your Lordship's constant, and serious Endeavours, to have me Solicitor: your late honourable Wishes, for the place of the Wards: Together with your Lordship's Attempt, to give me way, by the Remove of Mr. Solicitor; T●ey be Matters, of singular obligation; Besides many other favours, as well by your Lordship's Grants, from yourself, as by your Commendation to others, which I have had for my help; And may justly persuade myself, out of the few Denials, I have received, that fewer might have been; if mine own Industry, and good hap, had been answerable to your Lordship's Goodness. But on the other side, I most humbly pray your Lordship's pardon, if I speak it. The time is yet to come, that your Lordship did ever use, or command, or employ me, in my profession, in any Services, or Occasions, of your Lordships own, or such as are near unto your Lordship: which hath made me, fear, sometimes, that your Lordship doth more honourably affect me, than throughly discern, of my most humble, and dutiful Affection, to your Lordship again. Which if it were not in me, I knew not, whether I were unnatural, unthankful, or unwise. This causeth me, most humbly to pray your Lordship; (And I know mine own case too well, to speak it as weening, I can do your Lordship servi●e, but as willing to do it;) To believe, that your Lordship is, upon just Title, a principal Owner, and proprietary, of that, I cannot call Talon, but Mit●, that God hath given me; which I ever do, and shall, devote to your service. And in like humble manner, I pray your Lordship, to pardon mine Errors, and not to impute unto me, the Errors of any other; (which I know also, themselves, have, by this time, left, and forethought:) But to conceive of me, to be a Man, that daily profitteth in Duty. It is true, I do, in part, comfort myself, supposing that it is my Weakness, and insufficiency, that moveth your Lordship, who hath so general a command, to use others more able. But l●t it be as it is; For Duty only, and Homage, I will boldly undertake, that Nature, and true Thankfulness, shall never give place, to a politic dependence. Lastly, I most humbly desire your Lordship, to continue unto me, the good favour, and countenance, and Encouragement, in the Course of my poor Travails; whereof I have had, some taste, and experience; For the which, I yield your Lordship, my very humble good thanks. And so again, craving your Honour's pardon, for so long a Letter, carrying so empty an offer, of so unpuissant a service; But yet a true, and unfeigned, signification, of an honest, and vowed duty; I cease, commending your Lordship, to the preservation, of the Divine Majesty. To my Lord of Essex. Most Honourable, and my Singular good Lord, I Cannot but importune your Lordship, with thanks, for your Lordship's remembering my name, to my Lord Keeper; which being done, in such an Article of time, could not, but be exceedingly enriched, both in demonstration, and effect: which I did well discern, by the manner of expressing thereof, by his Lordship, again to me. This accumulating of your Lordship's Favours, upon me, hitherto, worketh only this effect; That it raiseth my mind, to aspire, to be found worthy of them; And likewise, to merit, and serve you, for them. But whether I shall be able to pay my vows, or no, I must leave that to God, who hath them in deposito. Whom also, I most instantly beseech, to give you fruit of your actions, beyond that your Heart can propound. Nam Deus major est cord. Even to the Environing of his Benedictions, I recommend your Lordship. To Sir Thomas Lucy. SIR, There was no News, better welcome to me, this long time, than that, of the good Success, of my Kinsman; wherein, if he be happy, he cannot be happy alone, it consisting of two parts. And I tender you, no less kind Thanks, for your aid, and Favour, towards him, than if it had been for myself; Assuring you, that this Bond of Alliance, shall, on my part, tie me, to give all the Tribute, to your good Fortune, upon all occasions, that my poor Strength can yield. I send you, so required, an Abstract, of the Lands of Inheritance; And one Lease of great value, which my Kinsman bringeth; with a Note, of the Tenors, Values, Contents, and State, truly, and perfectly, drawn; whereby you may perceive, the Land is good Land, and well countenanced, by scope of Acres, ●oods, and Royalties; Though the Total of the Rents, be set down, as it now goeth, without Improvement: In which respect, it may somewhat differ, from your first Note. Out of this, what he will assure in jointure, I leave it, to his own kindness; For I love not to measure Affection. To conclude, I doubt not, your Daughter, might have married, to a better Living, but never to a better Life; Having chosen a Gentleman, bred to all Honesty, Virtue, and Worth, with an Estate convenient. And if my Brother, or myself, were either Thrivers, or Fortunate, in the Queen's Service, I would hope, there should be left, as great an House, of the Cooks, in this Gentleman, as in your good Friend, Mr. Attorney General. But sure I am, if Scriptures fail not, it will have as much of God's Blessing; and Sufficiency, is ever the best Feast, etc. To Sir Robert Cecil, at his Being in France. It may please your Honourable Lordship, I Know you will pardon, this my Observance, in writing to you, empty of matter, but out of the fullness of my Love. I am sorry, that as your time of Absence, is prolonged, above that was esteemed at your Lordship's setting forth; So now, upon this last Advertisement, received from you, there groweth an Opinion, amongst better than the vulgar, that the Difficulties also of your Negotiation, are increased. But because, I know the Gravity, of your Nature, to be, not to hope lightly, it maketh me to despair the less. For you are Natus ad Ardua: And the Indisposition, of the Subject, may honour the Skill of the Workman. Sure I am, ●udgement, and Diligence, shall not want in your Lordship's Self: But this was not my purpose; Being only to signify unto your Lordship, my continual, and incessant, love towards you, thirsting after your Return, for many respects. So I commend you ever, to the good preservation, of the Divine Majesty. Gray's Inn. At your Honour's Commandment, ever, and particularly. To Sir Robert Cecil. My singul●r good Lord, THe Argument of my Letters, to your Lordship, rather increaseth, than spendeth; It being only the Desire, I have, to salute you: which by your absence is more augmented, than abated. For me to write your Lordship Occurrences, either of Scotish brags, or Irish Plaints, or Spanish Ruffling, or Low-country States, were, (besides that it is alienum quiddam, from mine own humour,) To forget, to whom I write; save that you, that know true Advertisements, sometimes desire, and delight, to hear common Reports; As we, that know, but common Reports, desire to hear the Truth. But to leave such, as write to your Fortunes, I write to yourself, in regard of my love to you; you being as near to me, in Heart's Blood, as in Blood of Descent. This day, I had the Contentment, to see your Father, upon Occasion: And methought, his Lordship's Countenance, was not decayed, nor his Cough vehement; But his Voice, was as faint, all the while, as at first. Thus wishing your Lordship, a happy, and speedy Return, I commend you, to the Divine Majesty. To the Queen. It may please your sacred Majesty, I Would not fail, to give your Majesty, my most humble, and due Thanks, for your Royal choice, of such Commissioners, in the great Star-chamber Cause; Being persons, besides their Honour, of such Science, and Integrity. By whose Report, I doubt not, but your Majesty, will find that, which you have been heretofore enfotmed, (both by my Lord Keeper, and by some much meaner person,) touching the Nature, of that Cause, to be true. This preparatory Hearing, doth already assail me, with new, and enlarged Offers, of Composition; which if I had born a mind, to have harkened unto, this matter had been quenched long ago, without any benefit to your Majesty. But your Majesty's Benefit, is to me, in greater regard, than mine own particular: Trusting to your Majesty's gracious disposition, and Royal word, that your Majesty, will include me, in any extraordinary Course, of your Sovereign pleasure, which your Majesty shall like, to take, in this Cause. The other Man, I spoke to your Majesty of, may, within these two Terms, be in the same straits, between your Majesty's Justice, and Mercy, that this Man now is, if your Majesty be so pleased. So most humbly craving pardon, for my presuming, to seek access, for these few Lines, I recommend your Majesty, to the most precious Custody, and best preservation, of the Divine Majesty. Your Majesties, most humble, and entirely obedient, Servant, and Subject. To the Queen. It may please your Majesty, IT were great simplicity in me, to look for better, than that your Majesty, Written by Mr. Bacon, for my Lord of Essex. should cast away my Letter, as you have done Me; were it not, that it is possible, your Majesty, will think to find somewhat in it, whereupon your displeasure may take hold; And so Indignation, may obtain that of you, which Favour could not. Neither might I, in reason, presume to offer, unto your Majesty, dead lines, myself being excluded as I am; Were it not upon this only Argument, or Subject; Namely, to clear myself, in point of Duty. Duty, though my State, lie buried in the Sands; And my Favours, be cast upon the Waters; And my Honours, be committed to the Wind; Yet standeth surely built, upon the Rock, and hath been, and ever shall be, unforced, and unattempted. And therefore, since the World, out of Error, and your Majesty, I fear, out of Art, is pleased to put upon me; That I have so much, as any Election, or Will, in this my Absence, from Attendance; I cannot but leave, this Protestation, with your Majesty; That I am, and have been, merely a patient, and take myself, only to obey, and execute your Majesties will. And indeed, Madam, I had never thought it possible, that your Majesty, could have so disinteressed yourself of me; Nor that you had been so perfect, in the Art of forgetting; Nor that after a Quintessence of Wormwood, your Majesty would have taken so large a Draught of Poppy; As to have passed, so many Summers, without all Feeling of my Sufferings. But the only Comfort I have, is this, that I know your Majesty taketh Delight, and Contentment, in executing, this Disgrace upon me. And since your Majesty, can find no other use of me, I am glad yet, I can serve for that. Thus making my most humble petition, to your Majesty, that in Justice, (Howsoever you may by strangeness, untie, or by violence cut Asunder all other knots,) your Majesty, would not touch me, in that which is indissoluble; That is, point of Duty: And that your Majesty will pardon, this my un-warranted presumption, of writing, being to such an end: I cease in all Humbleness; Your Majesty's poor, and never so unworthy Servant, Essex. To my Lord of Essex. It may please your Lordship, THat your Lordship is, in Statu quo prius, no Man taketh greater gladness, than I do; The rather, because I assure myself, that of your Eclipses, as this hath been the longest, it shall be the least; As the Comical Poet saith; Neque illam tu satis noveras, neque te illa, hoc ubi fit, ibi non vivitur. For if I may be so bold, as to say what I think: I believe, neither your Lordship looked to have found her Majesty, in all points, as you have done; Neither her Majesty, per case, looked, to find your Lordship, as she hath done. And therefore, I hope, upon this experience, may grow more perfect Knowledge, and upon Knowledge, more true Consent; Which I, for my part, do infinitely wish, as accounting these Accidents to be like the Fish Remora; which, though it be not great, yet hath it a hidden propriety, to hinder the sailing of the ship. And therefore, as bearing unto your Lordship, after her Majesty, of all public persons, the second Duty, I could not but signify unto you, my affectionate Gratulation. And so, I commend your good Lordship, to the best preservation, of the Divine Majesty. From Gray's Inn. To my Lord Treasurer Burghley. My Lord, WIth as much confidence, as mine own honest, and faithful Devotion unto your Service, and your honourable Correspondence unto me, and my poor estate, can breed in a Man, do I commend myself unto your Lordship. I wax now somewhat ancient; One and thirty years, is a great deal of sand, in the Hourglass. My Health, I thank God, I find confirmed; And I do not sear, that Action shall impair it; Because I account, my ordinary course of Study, and Meditation, to be more painful, than most parts of Action are. I ever bare a mind, (in some middle place, that I could discharge,) to serve her Majesty; Not as a Man, born under Sol, that loveth Honour; Nor under jupiter, that loveth Business; (For the Contemplative Planet, carrieth me away wholly,) but as a Man, born under an Excellent Sovereign, that deserveth the Dedication, of all men's Abilities. Besides, I do not find, in myself, so much Self-love, but that the greater parts, of my Thoughts are, to deserve well, (if I were able,) of my Friends, and namely of your Lordship; who being the Atlas, of this Commonwealth, the Honour of my House, and the second Founder of my poor Estate, I am tied, by all duties, both of a good Patriot, and of an unworthy Kinsman, and of an Obliged Servant, to employ whatsoever I am, to do you Service. Again, the Meanness of my Estate, doth somewhat move me: For though I cannot accuse myself, that I am either prodigal, or slothful, yet my Health is not to spend, nor my Course to get. Lastly, I confess, that I have, as vast Contemplative Ends, as I have moderate Civil Ends: For I have taken all Knowledge, to be my Province; And if I could purge, it of two sort of Rovers, whereof the one, with frivolous Disputations, Confutations, and Verbosities; The other, with blind Experiments, and Auricular Traditions, and Impostures; hath committed so many spoils; I hope, I should bring in, Industrious Observations, grounded Conclusions, and profitable Inventions and Discoveries, the best State of that Province. This, whether it be Curiosity, or Vainglory, or Nature, or, (if one take it favourably,) Philanthropia, is so fixed in my mind, as it cannot be removed. And I do easily see, that Place of any Reasonable Countenance, doth bring commandment, of more Wits, than of a Man's own; which is the Thing I greatly affect. And for your Lordship, perhaps you shall not find more Strength, and less Encounter, in any other. And if your Lordship, shall find now, or at any time, that I do seek, or affect, any place, whereunto any that is nearer unto your Lordship, shall be concurrent, say then, that I am a most dishonest Man. And if your Lordship, will not carry me on, I will not do as Anaxagoras did, who reduced himself, with Contemplation, unto voluntary poverty; But this I will do, I will sell the Inheritance, that I have, and purchase some Lease, of quick Revenue, or some Office of Gain, that shall be executed by Deputy, and so give over, all Care of Service, and become some sorry Book-maker, or a true Pioneer, in that Mine of Truth, which (he said,) lay so deep. This which I have writ unto your Lordship, is rather Thoughts, than Words, being set down without all Art, Disguizing, or Reservation. Wherein I have done honour, both to your Lordship's Wisdom, in judging, that that will be best believed of your Lordship's which is truest; And to your Lordship's good Nature, in retaining nothing from you. And even so, I wish your Lordship, all Happiness, and to myself, Means and Occasion, to be added, to my faithful desire, to do you Service. From my Lodging at Gray's Inn. To the Lord Treasurer Burghley. My singular good Lord, YOur Lordship's comfortable Relation, of her Majesty's gracious Opinion, and Meaning towards me, though, at that time, your leisure gave me not leave, to show how I was affected therewith; yet upon every Representation thereof, it entereth, and striketh, more deeply into me, as both my Nature, and Duty, presseth me, to return some Speech of Thankfulness. It must be, an exceeding Comfort, and Encouragement to me; setting forth, and putting myself, in way, towards her Majesty's service, to encounter with an Example, so private, and domestical, of her Majesty's gracious Goodness, and Benignity; Being made good, and verified, in my Father, so far forth, as it extendeth, to his Posterity; Accepting them, as commended by his service, during the Nonage, (as I may term it,) of their own Deserts. ay, for my part, am very well content, that I take least part, either of his Abilities of Mind, or of his Worldly Advancement; Both which he held, and received, the one of the Gift of God immediately, the other of her Majesty's Gift: Yet, in the loyal, and earnest Affection, which he bore to her Majesty's Service, I trust, my portion shall not be with the least, nor in proportion with the youngest Birth. For methinks, his Precedent, should be a silent charge, upon his Blessing, unto us all, in our Degrees, to follow him afar off, and to dedicate unto her Majesty's Service, both the use, and spending, of our Lives. True it is, that I must needs acknowledge myself, prepared, and furnished thereunto, with nothing, but with a Multitude, of Lacks, & Imperfections; But calling to mind, how diversely, and in what particular providence, God hath declared himself, to tender the State, of her Majesty's Affairs, I conceive, and gather hope, that those, whom he hath, in a manner, pressed, for her Majesty's Service, by working, and imprinting in them, a single, and zealous mind, to bestow their duties therein; He will see them, accordingly appointed, of Sufficiency convenient, for the Rank, and Standing, where they shall be employed: So as under this her Majesty's Blessing, I trust, to receive, a larger allowance, of God's Graces. And as I may hope for this, so I can assure, and promise, for my Endeavour, that it shall not be in fault: But what Diligence, can entitle me unto, that, I doubt not, to recover. And now seeing, it hath pleased her Majesty, to take knowledge, of this my Mind, and to vouchsafe, to appropriate me, unto her Service, preventing any desert of mine, with her Princely liberality; First, I am humbly, to beseech your Lordship, to present to her Majesty, my more than humble Thanks, for the same: And withal, having regard, to mine own unworthiness, to receive such Favour; And to the small possibility, in me, to satisfy, and answer, what her Majesty conceiveth; I am moved to become, a most humble Suitor to her Majesty, that this Benefit also, may be affixed, unto the other: which is; That if there appear in me, no such Towardness, of Service, as it may be her Majesty, doth benignly value, and assess me at; by reason of my sundry wants, and the disadvantage of my Nature, being unapt to lay forth, the Simple Store, of those inferior Gifts, which God hath allotted unto me, most to view; yet that it would please her Excellent Majesty, not to account my Thankfulness, the less, for that my Disability is great, to show it; But to sustain me, in her Majesty's gracious opinion, whereupon I only rest, and not upon any expectation of Desert, to proceed from myself, towards the Contentment thereof. But if it shall please God, to send forth an occasion, whereby my faithful Affection, may be tried, I trust, it shall save me labour, for ever making, more protestation of it hereafter. In the mean time, howsoever it be not made known to her Majesty, yet God knoweth it, through the daily solicitations, wherewith I address myself unto him, in unfeigned prayer, for the Multiplying, of her Majesty's prosperities. To your Lordship also, whose Recommendation, I know right well, hath been material, to advance, her Majesty's good opinion, of me, I can be but a bounden Servant. So much may I safely premise, and purpose to be, seeing public, and private Bonds, vary not, but that my Service, to her Majesty, and your Lordship, draw in a Line. I wish therefore, to show it, with as good proof, as I can say it, in good faith, etc. Your Lordships, etc. To Sir Robert Cecil. It may please your good Honour; I Am apt enough, to contemn Mendacia Famae; yet it is with this Distinction; As Fame walks among Inferiors, and not as it hath Entrance into some Ears. And yet, nevertheless, in that kind also, I intent to avoid a suspicious silence, but not to make any base Apology. It is blown about the Town, that I should give opinion, touching my Lord of Essex Cause; First, that it was a Praemunire; And now last, that it reached to High Treason. And this Opinion, should be given, in opposition, to the Opinion, of the Lord Chief justice, and of Mr. Attorney General. Sir, I thank God, whatsoever Opinion, my Head serveth me to deliver, to her Majesty, being asked, My Heart serveth me to maintain, the same honest Duty, directing me, and assisting me. But the utter untruth of this Report, God, and the Queen can witness; And the Improbability of it, every Man that hath Wit, more or less, can conceive. The Root of this, I discern to be● not so much, a light, and humorous Envy, at my Accesses to her Majesty; (which of her Majesty's grace, being begun in my first years, I would be sorry she should estrange in my last years; (For so I account them, reckoning by Health, not by Age;) As a deep Malice, to your Honourable Self; upon whom, by me, through nearness, they think, to make some Aspersion. But as I know no Remedy, against Libels, and Lies; So I hope, it shall make, no manner of Disseverance, of your Honourable good Conceits, and Affection towards me; which is the Thing I confess to fear. For as for any violence, to be offered to me, wherewith my Friends tell me, to no small terror, that I am threatened; I thank God, I have the privy Coat, of a good Conscience; And have, a good while since, put off any fearful care of Life, or the Accidents of Life. So desiring to be preserved, in your goo● Opinion, I remain. To the Queen. It may please your most excellent Majesty, I Presume, according to the Ceremony, and good manner of the Time, and my accustomed Duty, in all Humbleness, to present your Majesty, with a simple Gift; Almost as far from answering my Mind, as sorting with your Greatness; And therewith wish, that we may continue to reckon on, and ever, your Majesty's happy years of Reign: And they that reckon upon any other Hopes, I would they might reckon short, and to their Cost. And so craving pardon, most humbly, I commend your Majesty, to the preservation, of the Divine Goodness. To the Queen. It may please your most excellent Majesty, I Most humbly entreat your Majesty, not to impute my absence, to any weakness of mind, or unworthiness. But I assure your Majesty, I do find Envy beating so strongly upon me, standing as I do, (if this be to stand,) as it were not Strength of Mind, but Stupidity, if I should not decline the Occasions; Except I could do your Majesty more Service, than I can, any ways discern, that I am able to do. My Course towards your Majesty, (God is my witness,) hath been pure, and unleavened: And never poor Gentleman, (as I am persuaded,) had a deeper, and truer desire, and care of your glory, your safety, your Repose of Mind, your service: Wherein, if I have exceeded, my outward vocation, I most humbly crave your Majesty's pardon, for my presumption. On the other side, if I have come short, of my inward vocation, I most humbly crave God's pardon, for quenching the Spirit. But in this mind, I find such solitude, and want of comfort; which I judge to be, because I take Duty too exactly, and not according to the dregs, of this Age; wherein the old Anthem, might never be more truly sung; Totus mundus in maligno positus est. My Life hath been threatened, and my Name libelled, which I count an Honor. But these are the practices of those, whose despairs are dangerous; But yet not so dangerous as their Hopes: Or else the Devices of some, that would put out, all your Majesty's lights, and fall on reckoning, how many years you have reigned; which I beseech our blessed Saviour may be doubled; And that I may never live, to see, any Eclipse of your glory, Interruption of safety, or Indisposition of your person; which I commend to the Divine Majesty, who keep you, and fortify you. To my Lord Hen. Howard. My Lord, THere be very few besides yourself, to whom I would perform this Respect. For I contemn Mendacia Famae, as it walks among Inferiors; Though I neglect it not, as it may have entrance, into some Eare. For your Lordship's Love, rooted upon good opinion, I esteem it highly, because I have tasted of the Fruits of it; And we both have tasted, of the best waters, in my account, to knit minds together. There is shaped a Tale, in London's Forge, that beateth apace at this time; That I should deliver opinion, to the Quee●, in my Lord of Essex cause. First, that it was praemunire; And now last, that it was High Treason; And this opinion, to be in opposition, and Encounter, of the Lord chief justice's Opinion, and the Attorney Generals. My Lord, (I thank God) my wit serveth me not, to deliver any Opinion, to the Qeen which my Stomach, serveth me not, to maintain: One, and the same, Conscience of Duty, guiding me, and fortifying me. But the untruth o● this Fable, God, and my Sovereign, can witness; And there I leave it: Knowing no more Remedy against lies, than others do against libels. The Root, no question of it, is; partly, some lightheaded Envy, at my Accesses to her Majesty; Which being begun, and continued, since my childhood, as long as her Majesty, shall think me worthy of them, I scorn those, that shall think the contrary. And another Reason is, the Aspersion of this Tale; And the Envy thereof, upon some greater Man, in regard of my Nearness. And therefore, (my Lord) I pray you, answer for me, to any person, that you think worthy, your own Reply, and my defence. For my Lord of Essex, I am not servile to him, having regard to my superiors Duty. I have been much bound unto him. And on the other side, I have spent more time, and more thoughts, about his well-doing, than I ever did about mine own. I pray God, you his Friends, amongst you, be in the right. Nulla Remedia, tam faciunt dolorem, quam quae sunt salutaria. For my part, I have deserved better, than to have my Name, objected to Envy, or my Life, to a Ruffians violence. But I have the privy Coat, of a good Conscience. I am sure, these Courses, and Bruits, hurt my Lord more than all. So having written to your Lordship, I desire exceedingly, to be preferred, in your good Opinion, and Love. And so leave you, to God's Goodness. The Earl of Essex Letter, to the Council, at his Embarquing for Spain. june 1596. My very good Lords; HAving taken order, for all things, that belong to our Land-Forces; And staying only, till the Ships be ready, to take in our Soldiers, I am come aboard, as well to draw other Men, by my example, to leave the shore; As to have time, and leisure, to ask account of myself, what other duty I have to do, besides the Governing of those Troops; And the using of them to good purpose. In which Meditation, as I first study, to please my most gracious Sovereign, as well as to serve her; So my next care is, to leave your Lordships well satisfied, of my passed Carriage, since I was nominated to this Service; And apt, to make favourable Construction, of what I shall do hereafter. In my past Carriage, I will neither plead Merit, nor Excuse Imperfections: For whatsoever, I shall be able to do, I know, is less than I owe; And besides, my Faults, my very Faith, and Zeal, (which are the best things in me,) do make me commit Errors. But I would fain, approve the Matter itself, of undertaking this service, to have been good, howsoever my former have been erroneous; Or at least, my Intent, and Ends, unblameable, though my Judgement were faulty. Your Lordships know, it hath been the Wisdom of all Times, rather to attempt, and do something, in another Country, than to attend an Enemy, and be in danger much, in our own. And if this Rule, among the Ancients, was generally held true, it might be better allowed of us, in particular cases, where a State, little in Territory, not extraordinarily rich, and defended only with itself, shall have to do, with another State, that hath Many, and ample Dominions, the Treasure of the Indies, and all the Mercenaries, of Christendom, to serve it. For we have, as the Athenians had, with the ancient usurping Philip; Praelium Facile, Bellum Difficile. Therefore, it is our Disadvantage, to draw the War into Length. And if any Man, in this Kingdom, should be allowed, to persuade to prevention, he might be one, that saw the Spaniard at home, apprehend an Invasion, with greater Terror, than he makes it abroad: And that was a Witness, how an Handful of Men, neither armed, victualled, nor ordered, as they should be, landed, marched, and had done what they listed, if either the Ships had come up, or they had had any provisions, to make a Hole in a Wall, or to break open a Gate. But though the Counsel be good for some States, and for ours, at some times, yet the Opportunities ought to be watched, and it must appear, that this it is, which is now taken. The Opportunity, for such Service, I take to be, when either the Enemy, May receive the most hurt; Or when he is likeliest, to attempt against us, if he be not impeached. The Hurt, that our Estate should seek, to do him, is; To intercept his Treasure, whereby we shall cut his Sinews, and make War upon him, with his own Money; And to beat, or at least discontinew him, from the Sea, whereby her Majesty shall be, both secured from his Invasions, and become Mistress of the Sea; which is the Greatness, that the Queen of an Island, should most aspire unto. In matter of Profit, we may, this Journey, most hurt him, and benefit ourselves; Since he hath, (as is agreed on by all Men,) more Caracks, to come home now, than ever any year before. Besides many good Advantages, which will be offered, if we command the Coast. And to give him a Blow, and discountenance him by Sea, now is the Time, when he hath declared his Ambition, to command the Seas; And yet, so divided his Fleets; Some appointed to be set out, and yet scant in readiness; others upon point of Coming home, and not fit to defend themselves, if either they be met at Sea, or found in Harbour; And all so dispersed, in several places, as if at any time, we might do good, that way, it is now. And whether he will make War upon us, if we let him alone; Let his Solicitations, Offers, and Gifts to the Rebels of Ireland; His besieging, and winning of Calais, and those parts of France, that front upon us; And his strengthening himself by Sea, by so many means; Let these things (I say,) tell us. So as, if we will, at any time, allow the Counsel of prevention, to be reasonable, we must now confess it, to be opportune. But whatsoever the Counsel were, I am not to be charged with it, For as I was not the Contriver, nor Offerer, of the Project, so if I had refused to join with him, that did invite me to it, I should have been thought, both Incompatible, and Backward, in her Majesty's Service. I say not this, for that I think the Action such, as it were Disadvantage, to be thought the Projector of it; But I say, and say truly, that my Lord Admiral devised it, presented it to her Majesty, and had as well the Approbation of her Majesty, and the Assent of such of your Lordships, as were acquainted with it, as my Promise to go with him. One thing, (I confess,) I above all Men, am to be charged withal: That is; That when her Majesties, the Cities of London, and the States of the Low-Countries charge was past, the Men levied, and marching, to the Rendez-vous; I could not see, how with her Majesty's Honour, and Safety, the Journey might be broken. Wherein, although I should be carried with passion, yet I pray your Lordships consider, who, almost, that had been in my Case, named to such an Action, voiced throughout Christendom, and engaged in it, as much as I was worth; And being the Instrument, of drawing, more voluntary Men, of their own charge, than ever was seen these many years: Who (I say,) would not have been so affected? But far be it from me, in an Action, of this importance, to weigh myself, or my particular Fortunes. I must beseech your Lordships, to remember, that I was, from time to time, warranted, by all your opinions, delivered both amongst yourselves, and to her Majesty: Which tieth you all, to allow the Counsel. And that being granted, your Lordships, will call that Zeal, which maketh a Man constant, in a good Counsel, that would be Passion, in an evil, or a doubtful. I confess, her Majesty, offered us Recompense, for all our charges and losses. But, (my Lords,) I pray your Lordships consider, how many Things, I should have sold, at once, for money. I will leave mine own reputation as too small a Matter to be mentioned. But I should have sold; The Honour of her Majesty; The safety of the State; The Contentment of her Confederates; The Fortune and Hope, of many my poor Countrymen; And The Possibility, of giving a Blow, to that Enemy, that ought ever to be hateful, to all true English Hearts. I should have sold all this, for private profit. Therefore, though I ask pardon of her Majesty, and pray your Lordships, to mediate it for me, that I was carried by this Zeal so fast, that I forgot those Reverend Forms, which I should have used; yet I had rather, have my Heart, out of my Body, than this Zeal, out of my Heart. And now, as I have laid before your Lordships, my past carriage, and entering into this Action; So I beseech your Lordships, give me leave, to prepare you, to a favourable Construction, of that, which I shall do hereafter. In which Suit, I am resolved, neither to plead the Hazarding of Life, nor spending of my Substance, in a Public Service; To the end, that I might find your Lordships, (who are public persons,) more favourable judges: But will confess, that I receive, so much Favour, and Honour, by this Trust, and Employment, as when I have done all I can, I shall still be behind hand. This Suit only I make, that your Lordships, will neither have too great an Expectation, of our Actions, nor too little; Lest all we do, seem either Nothing, or to be done by Chance. I know, we must be tied, to do no more, than shall be for her Majesty's Service, nor no less. In which straight way, though it be hard for so weak a Man as myself, to walk upright; yet the Example, of our raw Soldiers, may comfort, an unsufficient General. ●or they, till they grow perfect, in all their Orders, and Motions, are so afraid to be out, and with such a continual heedfulness, observe, both themselves, and those that are near them, that they do keep, almost, as good order, at the first, as ever after. I am sure, I am as distrustful of myself, as they. And because I have more Sense of Duty, I shall be more Industrious. For Sea Service, the Judgement of my Honourable Companion, shall be my Compass. And for Land, his Assent, and the Advice of those her Majesty hath named, as Counsellors at War, shall be my Warranties. It will be Honour to her Majesty, and a great Assurance to her State, if we either bring home wealth, or give the King of Spain, a blow by Sea. But to have made a continual Diversion, and to have left, as it were, a Thorn, sticking in his Foot, had been a Work worthy, of such a Queen, and of such a Preparation. For then, her Majesty, should have heard no more, of his Intentions for Ireland, and Attempts upon the Coast of France; Or his drawing, of Ships, or Galley's, into these Narrow Seas; But should at once, have delivered all Christendom, from his fearful Usurpation. Wherein, as She had been great in Fame, for such a general preservation; So she had been as great in Power, in making, all the Enemies of Spain, in Christendom, to depend upon Her. She should be Head of the Party; She only might be said, to make the Wars with Spain, because she made them to purpose; And they all, but as her Assistants, and Dependants. And lastly, as the End of the Wars is Peace; So she might have had Peace, when she would, and with what Conditions she would, and have included, or left out, whom she would. For she only, by this course, should force him, to wish for Peace, and she had the means in her hands, to make the Conditions. And as easy it had been, to have done this, as to have performed lesser Services. The Objections against this, will be, Hazard, and Charge. Hazard, to hold any Thing of his, that is so Mighty a King: And Charge, to send such Supplies, from time to time, as will be needful. For Hazard, It is not the Hazard, of the State, or the Whole, as are the Hazards, of a Defensive War, whensoever we are enforced to fight: But it is only, a Hazard of some few, and such Commanders, as shall be set out, for such a Service. And those also, that shall be so hazarded, shall be in less danger, than if they were put, into any Frontier Places, of France, or of the Low-Countries. For they should not be left, in any part of the Main, or Continent of Spain, or Portugal, where the Enemy might bring an Army, to attempt them; (T●ough I doubt not, but after he had once tried, what it were, to besiege two or three thousand English, in a place, well fortified, and where they had a Port open, he would grow quickly weary, of those Attempts;) But they should be so lodged, as the Seat, and Strength, of the place, should warrant their Safety; So that, to pull her Majesty's Men, out of it, should be a harder Task, than to conquer any Country, that stands on firm land, by him: And to let English quietly possess it, should so much prejudice him, as he were not able to endure it. And for Charge, there need not so much be expended, but that it might easily be born. And the Place, being well chosen, and the War well conducted, in a short time, there would not only arise enough, to pay the Charge; But great Profit to her Majesty, and wealth to our Country, would grow, from the place, that should be held. For in a short time, a great part, of the Golden Indian Stream, might be turned, from Spain, to England; And her Majesty be made, to give Law, to all the World by Sea, without her Charge. Besides, this fearful Enemy, which is now a Terror, to all Christendom, should be so weakened, in Strength, Reputation, and Purse, as her Majesty should, for ever after, have an easy En●my of him. It may be your Lordships will desire to know the Place, that should be attempted; The Means, first to take it, then to hold it; The Commodity, or Advantage, that might grow, to this Estate by it. But that, with your Lordship's leave, shall be reserved till my Next. This is only to beseech you, for our dear Sovereign's sake, for the Glory, and Welfare, of Her, and her Estate, that you will think upon this general Proposition. And if your Lordships find it reasonable, that you will move it to the Queen: By whom if I be commanded, to set down the Hypothesis, or to descend unto particulars, I will offer my Project, with this Condition, that if I advise any Thing, that the Counsel of War, shall think dangerous, it may be rejected: Or if myself be Actor in any Thing, belonging to this Project, wherein her Majesty receives dishonour, that I may answer it, with my Life. And yet your Lordships know, I am matched with those, in whom I have no particular Interest: But I must attribute, their Assenting to me, to my good hap, to take the better part. In my Lord, with whom I am joined, I find so much Honour, and Service, as I doubt not, but our Unity in Affection, will make an Unity in Counsel, Action, and Government. I have troubled your Lordships, with a tedious Letter, begun in a Day of Leasure, and finished in the midst, of our troublesome Business. I pray your Lordships, pardon the Errors in it; And keep so honourable an Opinion of me, as I be not condemned by you, upon any Complaints, Advertisements, or Reports, till I have given answer to them. For as the Nature of my Place, is subject to Envy, and Detraction; So a little Body, full of sharp Humours, is hardliest kept in Temper. And all the discontented Humours, of an Army, do make their greatest Quarrel, to him that commands the Army; Not so much for his Faults, as for because he bridles theirs. And so commending your good Lordships, to Gods Divine protection, I rest; At your Lordship's commandment, Robert Essex. To my Lord of Essex, from Mr. Bacon● My singular good Lord; I Will no longer, dissever part of that, which I meant to have said, to your Lordship, at Bar●helmes, from the Exordium, which I then made. Whereunto I will only add this; That I humbly desire your Lordship, before you give access, to my poor Advice, to look about, even jealously a little, if you will, and to consider: First, whether I have not reason to think, that your Fortune comprehendeth mine: Next, whether I shift my Counsel, and do not constare wehee; For I am persuaded, there are some, would give you the same Counsel now, which I shall, but that they should derogate from that, which they have said heretofore: Thirdly, whether you have taken hurt, at any time, by my careful and Devoted Counsel: For although, I remember well, your Lordship once told me, that you having submitted, upon my well-meant Motion, at Nonsuch, (the place, where you renewed a Treaty, with her Majesty, of obsequious kindness,) she had taken advantage of it; yet I suppose, you do si●ce believe, that it did much attemper a cold Malignant Humour, then growing upon her Majesty, toward your Lordship, and hath done you good in consequence. And for my being against it, now lately, that you should not estrange yourself, although I give place to none, in true Gratulation; Yet neither do I repent me of sa●e Counsel; Neither do I judge of the whole Play, by the First Act. But whether I counsel you the best, or for the best, Duty bindeth me, to offer to you, my wishes. I said to your Lordship, last time; Martha, Martha, attendis ad plurima, unum sufficit. Win the Queen; If this be not the Beginning, of any other Course, I see no end. And I will not now speak, of Favour of Affection, but of other Correspondence, and Agreeablen●sse: which, whensoever it shall be conjoined, with t●e other of Affection, I durst wag●r my life, (let them make what Prosopopaeas' they will, of her Majesty's Nature;) That in you, she will come to the Question of; Quid fiet Homini, quem Rex vult honorare? But how is it now? A Man, of a Nature, not to be ruled; That hath the Advantage, o● my Affection, and knoweth it; Of an Estate, not grounded to his Greatness; Of a popular Reputation; Of a Military Dependence: I demand, whether there can be a more dangerous Image, than this, represented to any Monarch living; Much more to a Lady, and of her Majesty's Apprehension? And is it not more evident, than Demonstration itself, that whilst this Impression continueth, in her Majesty's Breast, you can find, no other Condition, than Inventions, to keep your Estate, bare, and low; Crossing, and Disgracing your Actions; Extenuating, and Blasting of your Merit; Carping with Contempt, at your Nature, and Fashions; Breeding, nourishing, and fortifying, such Instruments, as are most Factious against you; Repulses, and Scorns, of your Friends, and Dependants, that are true, and steadfast; winning, and inveigling away from you, such as are Flexible, and wavering; Thrusting you into odious Employments, and Offices, to supplant your Reputation; Abusing you, and Feeding you, with Dalliances, and Demonstrations, to divert you, from Descending, into the serious Consideration, of your own Case; yea, and percase Venturing you, in perilous, and desperate, Enterprises. Herein, it may please your Lordship, to understand me; For I mean nothing less, than that these Things, should be plotted, and intended, as in her Majesty's Royal Mind towards you; I know the Excellency, of her Nature, too well. But I say, wheresoever the formerly described Impression, is taken, in any King's Breast, towards a Subject, these other recited Inconveniences, must of necessity, of politic consequence, follow; In respect, of such Instruments, as are never failing, about Princes; which spy into their Humours, and Conceits, and second them; And not only second them, but in seconding increase them; Yea and, many times, without their knowledge, pursue them, further than Themselves would. Your Lordship, will ask the Question, wherewith the Athenians, were wont to interrupt their Orators, when they exaggerated their dangers; Quid igitur agendum est? I will tell your Lordship, Quae mihi nunc in mentem veniunt; Supposing, nevertheless, that yourself, out of your own Wi●dom, upon the case, with this Plainness, and Liberty, represented to you● will find out, better Expedients, and Remedies. I wish a Cure applied, to every, of the five former Impressions, which I will take, not in order, but as I think, they are of weight. For the removing the Impression, of your Nature, to be Opiniastre, and not Rulable; First, and above all things, I wish, that all Matters past, which cannot be revoked, your Lordship would turn altogether, upon Insatisfaction, and not upon your Nature, or proper Disposition. This String you cannot, upon every apt occasion, harp upon too much. Next, whereas I have noted you, to fly, and avoid, (in some respect justly,) the Resemblance, or Imitation, of my Lord of Leicester, and my Lord chancellor Hatton; yet I am persuaded, (howsoever I wish your Lordship, as distant, as you are, from them, in Points of Favour, Integrity, Magnanimity, and Merit;) That it will do you much good, between the Queen, and you, to allege them, (as oft as you find occasion,) for Authors, and Patterns. For I do not know, a readier mean, to make her Majesty think, you are in your right way. Thirdly, when at any time, your Lordship, upon occasion, happen in Speeches, to do her Majesty right, (for there is no such Matter, as Flattery, amongst you all,) I fear, you handle it, Magis in speciem adornatis verbis, quam ut sentire videaris. So that a Man, may read Formality, in your Countenance; Whereas your Lordship should do it, familiarly, Et oratione fidà. Fourthly, your Lordship, should never be, without some Particulars afoot, which you should seem to pursue, with Earnestness, and Affection; And then let them fall, upon taking Knowledge, of her Majesty's Opposition, and Dislike. Of which, the weightiest Sort may be, if your Lordship offer to labour, in the behalf of some, that you favour, for some of the Places, now void; Choosing such a Subject, as you think h●r Majesty, is like to oppose unto: And if you will say, that this is, Conjunctum cum alienâ Injurià; I will not answer; Haec non aliter constabunt; But I say; Commendation from so good a Mouth, doth not hurt a Man, though you prevail not. A less weighty Sort of Particulars, may be, the Pretence of some journeys, which, at her Majesty's request, your Lordship might relinquish; As if you would pretend a journey, to see your Living, and Estate, towards Wales, or the like: For as for great Foreign journeys, of Employment, and Service, it standeth not with your Gravity, to play, or Stratagem, with them. And the lightest sort of particulars, which yet are not to be neglected, are, in your Habits, Apparel, Wear, Gestures, and the like. The Impression, of greatest prejudice, next, is that, of a Military Dependence. Wherein, I cannot sufficiently wonder, at your Lordship's course; That you say, the Wars are your Occupation; And go on, in that course: Whereas, if I might have advised your Lordship, you should have left that Person, at Plymouth; More than, when in Counsel, or in commending fit persons, for service for Wars, it had been in season. And here, (my Lord,) I pray mistake me not. I am not to play now, the Part of a Gown-man, that would frame you best, to mine own turn. I know what I owe you. I am infinitely glad of this last journey, now it is past: The rather, because you may make, so Honourable a full Point, for a time. You have Property good enough, in that Greatness. There is none can, of many years, ascend, near you, in competition. Besides, the Disposing of the Places, and Affairs, both, concerning the Wars, (you increasing in other Greatness,) will, of themselves, flow to you; which will preserve that Dependence, in full measure. It is a Thing, that of all Things, I would have you retain, the Times considered: And the Necessity of the Service, for other reason, I know none. But I say; Keep it in Substance, but abolish it in shows, to the Queen. For her Majesty loveth Peace. Next she loveth not Charge. Thirdly, that kind of Dependence, maketh a Suspected Greatness. Therefore, Quod instat agamus. Let that be a sleeping Honour a while; And cure the Queen's mind in that point. Therefore again, whereas I heard your Lordship's designing to yourself, the Earl Marshal's place, or the place of Master of the Ordnance, I did not, in my mind, so well like of either; Because of their Affinity, with a Martial Greatness. But of the Places, now void, in my Judgement, and discretion, I would name you, to the place, of Lord Privy Seal. For first, it is the Third Person, of the great Officers, of the Crown. Next, it hath a kind, of Super-Intendence, over the Secretary. It hath also an Affinity, with the Court of Wards, in regard of the Fees, from the Liveries. And it is a fine Honour, quiet place, and worth a Thousand pounds by year. And my Lord Admiral's Father, had it, who was a Marshal Man. And it fits a Favourite, to carry her Majesty's Image in Seal, who beareth it best expressed in Heart. But my chief Reason is, that which I first alleged, to divert her Majesty, from this Impression, of a Martial Greatness. In concurrence whereof, If your Lordship, shall remit any thing of your former diligence, at the Starr-chamber; If you shall continue, such Intelligences, as are worth the cherishing; If you shall pretend, to be as Bookish, and Contemplative, as ever you were; All these Courses, have both their Advantages, and uses in themselves otherwise, and serve exceeding aptly to this purpose. Whereunto, I add one Expedient more, stronger than all the rest; And for mine own confident Opinion, void of any prejudice, or danger of Diminution, of your Greatness; And that is, the Bringing in, of some Martial Man, to be of the Council; Dealing directly with her Majesty in it, as for her Service, and your better assistance; Choosing nevertheless some Person, that may be known, not to come in against you, by any former Division. I judge the fittest, to be, my Lord Mount-joy, or my Lord Willoughby. And if your Lordship, see deeplier into it, than I do, that you would not have it done, in effect; Yet in my Opinion, you may serve your turn, by the pretence of it, and stay it nevertheless. The Third Impression is, of a Popular Reputation; which, because it is a Thing, good in itself, being obtained as your Lordship obtaineth it, that is, Bonis artibus; And besides, Well governed, is one of the best Flowers, of your Greatness, both present, and to come; It would be handled tenderly. The only way is, to quench it Verbis, and not Rebus. And therefore to take all Occasions, to the Queen, to speak against Popularity, and Popular Courses, vehemently; And to tax it in all others: But, nevertheless, to go on, in your Honourable Commonwealth Courses, as you do. And therefore, I will not advise you, to cure this, by dealing in Monopolies, or any Oppressions. Only, if in Parliament, your Lordship be forward for Treasure, in respect of the Wars, it becometh your Person well. And if her Majesty object Popularity to you at any time, I would say to her; A Parliament will show that; And so feed her with Expectation. The Fourth Impression, of the Inequality, between your Estate of Means, and your Greatness of Respects, is not to be neglected. For believe it, (my L●rd,) that till her Majesty find you, careful of your Estate, she will not only think you, more like to continue, chargeable to her, but also have a Conceit, that you have higher Imaginations. The Remedies are; First, to profess it, in all speeches to her. Next, in such Suits, wherein both Honour, Gift, and Profit, may be taken, to communicate freely with her Majesty, by way of inducing her, to grant, that it will be this Benefit to you. Lastly, to be plain with your Lordship; (For the Gentlemen are such, as I am beholding to;) Nothing can make the Queen, or the World, think so much, that you are come, to a provident Care, of your Estate, as the Altering of some of your Officers: Who, though they be as true to you, as One Hand to the Other; Yet Opinio Veritate major. But if, in respect of the Bonds, they may be entered into, for your Lordship, you cannot so well dismiss yourself of them, this cannot be done, but with Time. For the Fifth, and Last, which is, of the Advantage of a Favourite: As severed from the rest, it cannot hurt; So joined with them, it maketh her Majesty, more fearful, and shadowy, as not knowing her own strength. The only Remedy to this, is; To give way, to some other Favourite, as in particular you shall find, her Majesty inclined; So as the Subject hath no ill, nor dangerous Aspect, towards yourself. For otherwise, whosoever shall tell me, that you may not have singular use, of a Favourite, at your Devotion; I will say, he understandeth not the Queen's Affection, nor your Lordship's Condition. And so I rest. October 4. 1596. To Sir Robert Cecil. Sir, I Forbear not to put in Paper, as much as I thought, to have spoken to your Honour, too day, if I could have stayed; Knowing, that if your Honour, should make other use of it, than is due to good meaning; And then I am persuaded you will; Yet to persons of Judgement, and that know me otherwise, it will rather appear, (as it is,) a precise Honesty, and this same, Suum cuique tribuere, than any Hollowness to any. It is my luck still, to be a kin to such Things, as I neither like in nature; nor would willingly meet with, in my Course; But yet cannot avoid, without show of base Timorousness, or else of unkind, or suspicious strangeness. Some Hiatus in the Copy. And I am of one Spirit still. I ever liked the Galenists, that deal with good Compositions; And not the Paracelsians, that deal with these fine Separations: And in Music, I ever loved easy Ayers, that go full, all the parts together; And not these strange points, of Accord, and Diseord. This I write not, I assure your Honour, officiously; Except it be, according to Tully's Offices; that is, Honestly, and Morally. For though, I thank God, I account upon the proceeding, in the Queen's Service, or not proceeding, both ways; And therefore, neither mean to fawn, not retire; yet I naturally desire good opinion, with any Person, which for Fortune, or Spirit, is to be regarded; Much more with a Secretary of the Queens, and a Cousin german; And one, with whom, I have ever thought myself, to have some sympathy, of Nature, though Accidents have not suffered it to appear. Thus not doubting of your Honourable Interpretation, and usage, of that I have written, I commend you, to the Divine preservation. From Gray's Inn. To my Lord of Essex. It may please your good Lordship, I Pray God, her Majesty's weighing, be not like the weight, of a Balance; Gravia deorsum, Levia sursum. But I am as far, from being altered, in Devotion towards Her, as I am from Distrust, that she will be altered, in opinion towards me, when she knoweth me better. For myself, I have lost some Opinion, some Time, and some Means; This is my Account: But then, for Opinion, it is a Blast, that goeth, and cometh; For Time, it is true, it goeth, and cometh not; But yet I have learned, that it may be redeemed. For Means, I value that most; And the rather, because I am purposed, not to follow, the Practice of the Law: (If her Majesty command me, in any particular, I shall be ready, to do her, willing Service;) And my Reason is only, because it drinketh too much Time, which I have dedicated to better purposes. But even, for that point of Estate, and Means, I partly lean, to Thales Opinion; That a Philosopher may be rich, if he will. Thus your Lordship seeth, how I comfort myself: To the Increase whereof, I would fain please myself, to believe that to be true, which my Lord Treasurer writeth; Which is, that it is more, than a Philosopher, morally can digest. But without any such high Conceit, I esteem it, like the pulling out, of an Aching Tooth, which I remember, when I was a Child, and had little Philosophy, I was glad of, when it was done. For your Lordship, I do think myself, more beholding to you, than to any Man. And I say, I reckon myself, as a Common; (Not Popular, but Common;) And as much, as is lawful, to be enclosed of a Common; So much your Lordship shall be sure to have. Your Lordships, to obey your Honourable Commands, more settled, than ever. To my Lord of Essex. My singular good Lord, YOur Lordships, so Honourable minding my poor Fortune, the last year, in the very Entrance, into that great Action, (which is a time of less leisure;) And in so liberal an Allowance, of your Care, as to write three Letters, to stir me up Friends, in your absence; Doth, after a sor●, warrant me, not to object to myself, your present Quantity of affairs, whereby to silence myself, from Petition of the like Favour. I broke, with your Lordship, myself, at the Tower; And I take it, my Brother, hath since renewed, the same Motion; Touching a Fortune, I was in thought to attempt, in Genere Oeconomico. In Genere Politico, certain Cross Winds, have blown contrary. My Suit to your Lordship is, for your several Letters, to be left with me, dormant, to the Gentlewoman, and either of her Parents. Wherein, I do not doubt, but as the Beams of your Favour, have often dissolved, the Coldness of my Fortune; So in this Argument, your Lordship will do the like, with your Penn. My Desire is also, that your Lordship would vouchsafe u●to me, as out of your care, a general Letter, to my Lord Keeper, for his Lordship's holding me, from you, recommended; Both, in the Course, of my Practice, and in the Course, of my Employment, in her Majesty's Service. Wherein, if your Lordship shall, in any Antithesis, or Relation, affirm, that his Lordship shall have no less Fruit of me, than of any other, whom he may cherish, I hope, your Lordship shall engage yourself, for no Impossibility. Lastly, and chiefly, I know not, whether I shall attain, to see your Lordship, before your Noble journey: For Ceremonies, are Things, infinitely, inferior to my Love, and to my Zeal. This let me, with your allowance, say unto you, by Penn. It is true, that in my wellmeaning Advices, out of my love to your Lordship, and, perhaps, out of the State, of mine own mind, I have sometimes persuaded, a Course differing: Ac tibi pro tutis insignia Facta placebunt: Be it so: yet remember, that the Signing of your Name, is nothing, unless it be, to some good Patent, or Charter, whereby your Country may be endowed, with Good, and Benefit. Which I speak, both to move you, to preserve your Person, for further Merit, and Service of her Majesty, and your Country; And likewise, to refer this Action, to the same end. And so, in most true, and fervent, prayers, I commend your Lordship, and your Work in ●and, to the Preservation, and Conduct, of the Divine Majesty; So much the more watchful, as these Actions, do, more manifestly, in show, though alike in Truth, depend upon his Divine Providence. To my Lord of Canterbury. It may please your Grace; I Have considered the Objections, perused the Statutes, and framed the Alterations; Which I send; Still keeping myself, within the Brevity of a Letter, and Form of a Narration; Not entering, into a Form of Argument, or Disputation's: For, in my poor Conceit, it is, somewhat, against the Majesty, of Prince's Actions, to make too curious, and striving Apologies; But rather, to set them forth plainly; And so, as there may appear an Harmony, and Constancy in them, so that one part upholdeth another. And so I wish your Grace all prosperity. From my poor Lodging, this, etc. Your Graces, most dutiful, Pupil, and Servant. To my Lord of Essex. My singular good Lord, THe Message, it pleased your Lordship, to send me, was to me delivered doubtfully. Whether your Lordship said, you would speak with me, at the Starr-chamber, or with Mr. Philip. If with me, it is needless; For Gratitude imposeth upon me Satisfaction: If with Mr. Philipp, it will be too late; Because somewhat must (perchance) be done that day. This Doubt not solved, maketh me Write again; The rather, because● I did liberally, but yet privately affirm, your Lordship would write; Which if I make not good, it may be a Discouragement. Your Lordship's letter, though it have the Subject, of Honour, and Justice, yet it shall have the Secrecy, of a Thing done, upon Affection. I shall ever, in a firm duty, submit my Occasions, though great, to your Lordship's Respects, though small: And this is my Resolution; That when your Lordship doth for me, you shall increase my Obligation; When you refuse to do for me, you shall increase my Merit. So leaving the Matter, wholly, to your Lordship's pleasure, I commend your Lordship; to the preservation, of the Divine Majesty. From Gray Inn. Your Lordships ever most humbly bounden. A CONFESSION OF THE FAITH: WRITTEN, By the Right Honourable, FRANCIS BACON, BARON of VERULAM, VISCOUNT St. ALBAN. LONDON, Printed by F. Leach, for William Lee, at the sign of the Turks-Head, in Fleetstreet, 1657. A CONFESSION OF THE FAITH. WRITTEN By the Right Honourable FRANCIS BACON, Baron of VERULAM, etc. I Believe, that Nothing is without beginning, but God: No Nature, no Matter, no Spirit, but one, only, and the same God. That God, as he is Eternally Almighty, Only Wise, Only Good, in his Nature; So he is Eternally Father, Son, and Spirit in Persons. I believe, that God, is so Holy, Pure, and jealous, as it is impossible for him, to be pleased in any Creature, though the Work of his own Hands: So that, neither Angel, Man, nor World, could stand, or can stand, one Moment, in his Eyes, without beholding the same, in the Face of a Mediator: And therefore, that before Him, with whom all Things are present, the Lamb of God, was slain, before all Worlds: Without which eternal Counsel of his, it was impossible for Him, to have descended to any Work of Creation; But He should have enjoyed, the Blessed, and Individual Society, of three Persons, in Godhead, only, for ever. But that, out of his Eternal, and infinite, Goodness, and Love, purposing to become a Creator, and to communicate to his Creatures, He ordained, in his Eternal Counsel, that one Person, of the Godhead, should be united, to one Nature, and to one Particular of his Creatures; That so, in the Person, of the Mediator, the true Ladder, might be fixed, whereby God might descend to his Creatures, and his Creatures might ascend to God: So that God, by the Reconcilement, of the Mediator, turning his Countenance towards his Creatures, (though not in squall Light, and Degree,) made way, unto the Dispensation, of his most holy, and secret Will; whereby some of his Creatures, might stand, and keep their state; Others might, (possibly) fall, and be restored; And oth●rs might fall, and not be restored, in their Estate, but yet remain in Being, though under Wrath, and Corruption; All with Respect, to the Mediator: Which is the great Mystery, and perfect Centre, of all God's ways, with his Creatures; And unto which, all his other Works, and Wonders, do but serve, and refer. That he chose, (according to his good pleasure,) Man, to be that Creature, to whose Nature, the Person, of the Eternal Son of God, should be united: And amongst the Generations of Men, elected a small Flock, in whom, (by the Participation of Himself,) He purposed, to express, the Riches of his Glory; All the Ministration of Angels, Damnation of Devils, and Reprobates, and Universal Administration of all Creatures, and Dispensation of all Times, having no other End, but as the Ways, and Ambages of God, to be further glorified in his Saints; who are one with their Head, the Mediator, who is one with God. That by the Virtue of this his Eternal Counsel, He condescended of his own good pleasure, and according to the Times, and Seasons, to himself known, to become a Creator; And by his eternal Word, created all things; And by his eternal Spirit, doth comfort, and preserve th●m. That he made all things, in their first Estate, Good; And removed from himself, the Beginning of all Evil, and Vanity, into the Liberty, of the Creature; But reserved, in himself, the Beginning, of all Restitution, to the Liberty of his Grace: Using, nevertheless, and turning, the Falling, and Defection of the Creature, (which to his Prescience was eternally known,) to make way to his eternal Counsel, touching a Mediator, and the Work he purposed to accomplish in Him. That God created Spirits, whereof some kept their standing, and others fell. He created Heaven, and Earth, and all their Armies, and Gen●rations; And gave, unto them, constant, and everlasting, Laws, which we call Nature; which is nothing, but the Laws of the Creation; which Laws, nevertheless, have had three Changes, or Times; and are to have, a Fourth, or Last. The First, when the Matter of Heaven, and Earth, was created without Forms: The Second, the Interim of Perfection, of every Day's Work; T●e Third, by the Curse; which, notwithstanding, was no new Creation; And the Last, at the End of the World, the Manner whereof is not yet fully revealed: So as the Laws of Nature, which now remain, and govern inviolably, till the end of the World, began to be in force, when God first rested from his Works; and ceased to create; But received, a Revocation, in part, by the Curse; Since which Time, they change not. That notwithstanding, God hath rested, and ceased from Creating, since the first Sabbath, yet nevertheless, he doth accomplish, and fulfil his Divine Will, in all Things, great and small, singular, and general, as fully, and exactly, by Providence, as he could by Miracle, and new Creation; Though his working be not immediate, and direct, but by compass; Not violating Nature, which is his own Law, upon the Creature. That, at the first, the Soul of Man, was not produced by Heaven, or Earth, but was breathed immediately from God; So that the Ways, and proceedings of God, with Spirits, are not included in Nature; That is, in the Laws, of Heaven, and Earth; But are reserved, to the Law, of his secret Will, and Grace; wherein God worketh still, and resteth not, from the Work of Redemption, as he resteth from the Work of Creation; But continueth working, till the end of the World; What time, that Work also, shall be accomplished, and an eternal Sabbath shall ensue. Likewise, that whensoever God doth transcend, the Law of Nature, by Miracles, (which may ever seem as new Creations,) He never cometh, to that point, or pass, but in regard of the work of Redemption; which is the greater, and whereto all Gods Signs, and Miracles, do refer. That God created Man in his own Image, in a Reasonable Soul, in Innocency, in freewill, and in Sovereignty: That he gave him a Law, and Commandment, which was in his power to keep, but he kept it not: That Man made a total Defection from God, presuming to imagine, that the Commandments, and Prohibitions of God, were not the Rules, of Good and Evil; But that Good, and Evil, had their own principles, and beginnings: And lusted, after the Knowledge, of those imagined Beginnings; To the end, to depend no more upon God's will, revealed, but upon himself, and his own Light, as a God: Than the which, there could not be a Sin, more opposite, to the whole Law of God. That yet, nevertheless, this great Sin, was not originally moved, by the Malice of Man, but was insinuated, by the Suggestion, and Instigation, of the Devil; who was the First Defected Creature; and fell of Malice, and not by Temptation. That upon t●e Fall of Man, Death, and Vanity, entered, by the justice of God; And the Image of God, in Man, was defaced; And Heaven, and Earth, which were made for Man's use, were subdued to Corruption, by his Fall; But then that instantly, and without Intermission of Time, after the Word of God's Law, became, through the Fall of Man, frustrate as to obedience, there succeeded t●e greater Word, of the Promise; that the Righteousness of God, might be wrought by Faith. That as well the Law of God, as the Word of his Promise, endure the same●for ever: But that they have been revealed, in several manner's, according to the Dispensation, of Times. For the Law was ●irst imprinted, in that Remnant of Light, of Nature, which was left after the Fall, being sufficient to accuse: Then it was more manifestly expressed, in the written Law; And was yet more opened, by the Prophets; And lastly expounded, in the true perfection, by the Son of God the great Prophet, and perfect Interpreter, as also Fulfiller of the Law: That, likewise, the Word of the Promise, was manifested, and revealed; First by immediate Revelation, and Inspiration; After by Figures, which were of two Natures: The one, the Rites, and Ceremonies, of the Law; The other, the Continual History, of the Old World, and Church of the jews, which though it be literally True, yet is it, pregnant of a perpetual Allegory, and shadow, of the Work, of the Redemption, to follow. The same Promise, or Euangile, was more clearly revealed, and declared, by t●e Prophets; And then by the Son himself; And lastly, by the Holy Ghost, which illuminateth the Church, to the end of the World. That, in the Fullness of Time, according to the Promise, and Oath, of a chosen Lineage, descended, the blessed Seed of the Woman, jesus Christ, t●e only begotten Son o● God, and Saviour of the World: who was conceived, by the Power, and Overshadowing, of the Holy Gho●t● And took Flesh of the Virgin Mary: That the Word, did not only take Flesh, or was joined to Flesh, but was made Flesh, though without Confusion of Substance, or Nature; So as the Eternal Son of God, and the ever-blessed Son of Mary, was one Person; So one, as the Blessed Virgin, may be truly, and catholicly called, Deipara, the Mother of God: So one, as there is no Unity in Universal Nature, not that, of the Soul, and Body, of Man, so perfect: For the three Heavenly Unities, (whereof that is the second,) exceed all Natural Unities: That is to say; The Unity, of the three Persons, in Godhead; The Unity, of ●od, and Man, in Christ; And the Unity, of Christ, and the Church; the Ho●y Ghost, being the Worker, of both these latter Unities; For by the Holy Ghost, was Christ Incarnate, and quickened, in Flesh; And by the Holy Ghost, is Man regenerate, and quickened, in Spirit. That jesus the Lord, became, in the Flesh, a Sacrificer, and Sacrifice for Sin; A Satisfaction, and Price, to the justice, of God; A Meriter, of Glory, and the Kingdom; A Pattern, of all Righteousness; A Preacher of the Word, which Himself was; A Finisher of the Ceremony; A Cornerstone, to remove the Separation between, jew, and Gentile; An Intercessor for the Church; A Lord of Nature, in his Miracles; A Conqueror, of Death, and the Power of Darkness, in his Resurrection; And that he fulfilled the whole Counsel of God; Performed all his Sacred Offices, and Anointing on Earth; Accomplished the whole Work of the Redemption, and Restitution of Man, to a State, Superior to the Angels; (whereas the State of Man, by Creation, was Inferior;) And reconciled and established, all Things, according to the Eternal Will, of the Father. That in time, jesus the Lord, was born, in the days of Herod; And suffered, under the Government, of Pontius Pilate, being Deputy of the Romans; And under the High Priesthood, of Caiphas; And was betrayed by judas, one of the twelve Apostles; And was crucified at Jerusalem; And after a true, and natural, Death, and his Body laid in the Sepulchre, the third day, He raised Himself, from the Bonds of Death, and arose, and showed Himself, to many chosen Witnesses, by the space of divers days; And at the end of those days, in the sight of many, ascended into Heaven; where he continueth his Intercession; And shall from thence, at the day appointed, come in greatest glory, to judge the World. That the Sufferings, and Merits of Christ, as they are sufficient, to do away the Sins, of the whole World; so they are only effectual to those, which are Regenerate by the Holy Ghost; Who breatheth where he will, of Free Grace; which Grace, as a Seed Incorruptible, quickeneth the Spirit of Man, and conceiveth him anew a Son of God, and Member of Christ: So that Christ, having Man's Flesh, and Man having Christ's Spirit, there is an open passage, and Mutual Imputation; whereby Sin, and Wrath, was conveyed to Christ, from Man; And Merit, and Life, is conveyed to Man, from Christ: Which Seed of the Holy Ghost, first figureth in us, the Image of Christ slain, or crucified, through a lively Faith; And then reneweth in us, the Image of God, in Holiness, and Charity; though both imperfectly, and in degrees far differing, even in God's Elect; As well, in regard, of the Fire of the Spirit, as of the Illumination thereof; which is, more, or less, in a large proportion; As namely, in the Church before Christ; Which yet, nevertheless, was partaker, of one, and the same Salvation, with us. And of one, and the same Means, of Salvation, with us. That the Work of the Spirit, though it be not tied, to any Means, in Heaven, or Earth, yet it is ordinarily dispensed, by the Preaching of the Word; The Administration of the Sacraments; The Covenants of the Fathers, upon the Children; Prayer; Reading; The Censures of the Church; The Society of the Godly; the Cross, and Afflictions; Gods Benefits; His judgements upon others; Miracles; The Contemplation of his Creatures; All which, (though some be more principal,) God useth, as the Means of Vocation, a●d Conversion of his Elect; Not derogating from his power, to call immediately by his Grace; and at all Hours and Moment●, of the Day; (That is, of Man's Life,) according to his good pleasure. That the Word of God, whereby his Will is revealed, continued in Revelation and Tradition, until Moses; And that the Scriptures, were from Moses Time, to the times of the Apostles, and Evangelists; In whose Age, aft●r the coming of the Holy Ghost, the Teacher of all Truth, the Book of the Scriptures, was shut, and closed, so as not to receive any new Addition; And that the Church, hath no power, over the Scriptures, to teach, or command any Thing, contrary to the written Word; But is as the Ark, wherein the Tables of the First Testament were kept, and preserved; That is to say, the Church, hath only the Custody, and Delivery over, of the Scriptures, committed unto the same; Together with the Interpretation of them, but such only, as is conceived from themselves. That there is an Universal, or Catholic Church of God, dispersed over the face of the Earth; which is Christ's Spouse, and Christ's Body; Being gathered, of the Fathers of the old World, of the Church of the jews, of the Spirits of the Faithful Dissolved, and the Spirits of the Faithful Militant, and of the Names, yet to be born, which are already written, in the Book of Life. That there is also, a Visible Church, distinguished by the outward work of God's Covenant, and the Receiving of the Holy Doctrine, with the Use of the Mysteries of God, and the Invocation, and Sanctification of his Holy Name. That there is also an Holy Succession, in the Prophets, of the New Testament, and Fathers of the Church, from the time, of the Apostles, and Disciples, which saw our Saviour in the Flesh, unto the Consummation, of the Work of the Ministry; which persons, are called from God, by Gift, or inward Anointing; And the Vocation of God, followed by an outward Calling, and Ordination of the Church. I believe, that the Souls of those that die in the Lord, are blessed, and rest from their Labours, and enjoy the Sight of God; yet so, as they are in Expectation of a further Revelation of their Glory, in the last Day. At which time, all Flesh of Man, shall arise, and be changed, and shall appear, and receive, from jesus Christ, his Eternal judgement; And the Glory, of the Saints, shall then be full; And the Kingdom, shall be given up, to God the Father: From which Time, all things shall continue for ever, in that Being, and State, which then they shall receive: So as there are three Times, (if Times they may be called,) or parts of Eternity. The first, the Time before beginnings, when the Godhead was only, without the Being, of any Creature; The Second, the Time of the Mystery, which continueth from the Creation, to the Dissolution of the World: And the Third, the Time, of the Revelation, of the Sons of God; which Time is the last, and is everlasting without change. FINIS. A Perfect List, of his Lordship's true Works, both in English, and Latin. In English. AN Apology, touching the Earl of Essex. The Elements, of the Common Laws, of England. Advancement of Learning. Essays: with the Colours of Good, and Evil. Charge against Duels. History, of the Reign, of King Henry, the seventh. Counsels Civil, and Moral. Or the Essays, revised, and enriched. Translation of certain Psalms into Verse. The Natural History; with the Fable, of the New Atlantis. Miscellany Works, containing, A Discourse, of a War, with Spain. Miscellany Works, containing, A Dialogue, touching an Holy Warr. Miscellany Works, containing, A Preface, to a Digest, of Laws, Miscellany Works, containing, The Beginning, of the History, of K. Henry, the 8. History, of Life, and Death, translated into English. De Augmentis Scientiarum, translated into English, by Doctor Guilbert Watts, of Oxford. This present Volume, with the Particulars, contained in the same. In Latin. DE Sapientiâ Veterum. Instauratio Magna. Historia Ventorum. Historia Vitae & Mortis. De Augmentis Scientiarum. Historia Regni, Henrici Septimi, Regis Angliae. Sermons Fideles, sive Interiora Rerum. Dialogus de Bello Sacro. Nova Atlantis. Historia Naturalis, versa, et evulgata, oper●, et curâ, jacobi Gruteri. Opera Philosophica, et alia, nondum, sed propediem, (Deo favente,) Typis mandanda. As for other Pamphlets, whereof there are several, put forth under his Lordship's Name, they are not to be owned, for his. Books Printed for William Lee, and are to be sold at his shop, at the Turks-Head in Fleetstreet. ANnotations upon all the New Testament. A Systeme, or Body of Divinity in 10. Books, wherein the Fundamental and main Grounds of Religion are opened, in Folio 1654., about 240. Sheets. The Saint's Encouragement in Evil times, in 120. 1651. All written by Edward Leigh Esquire, Master of Arts in Magdalen Hall in Oxford. An Exposition of the Prophecy of Haggee, in fifteen Sermons, by that famous Divine john Reynolds, D.D. in 40. 1649. An Exposition of the Psalms of Degrees. The Young man's Tutor, both wri● by T. Stint, in 80. Herestography, or a Description of all the Heresies and Sectaries of these later times by Eph. Pagit. 40. with new Additions 1654. of the Ranters and Quakers. Contemplations, Sighs and Groans of a Christian, published by W. Stiles Esquire, of the Inner Temple. 120. The Saints Comfort in Evil times 120. God's Revenge against Murder, in thirty Tragical Histories, by I. Reynolds, in Fol. the third Edition: Whereunto is newly added the Sculptures & Pictures of the Chief Persons mentioned in every History, 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 Honourable Francis Lord Verulam, In Folio, 1651. The Magnetic cure of Wounds. The Nativity of Tartar in Wine. The Image of God in Man. Also another Treatise of the Errors o● Physicians concerning Defluxions: both published in English● 40. 1650. With The Darkness of Atheism dispelled by the light of Nature. All published by Dr. Charleton, Physician to the late King, 40. 165●. A Discourse concerning the King of Sp●ins surprising of the Valtoline. Translated by the Renowned Sir Thomas R●e, many time's Ambassador in Foreign parts. 40 The Roman Foot and Denaries, from whence as from two principles, the measure and weights may be deduced, by john Greaves of Oxford. ●0. 1647. A Treatise of the Court, Written in French, by that great Coun●ellour De Refuges, many time's Ambassador for the two la●t French Kings, Englished by john R●●●●ld. ●0. The Hebrew Commonwealth, Translated out of Petrus Cun●us, in 120. 1653. Hugo Grotius his two Treatises, Of God and his Providence, and Of Christ and his Miracles; together with the said Author's judgement of sundry Points controverted, in 120. Both Translated by Clem. Barksdal. Certamen Rel●giosum, or a Conference between the late King of England, and the late Lord Marquis of Worcester concerning Religion, 40● 1652. The Battle of Agincourt, fought by Henry the 5th; The Miseries of Queen Margare●, 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. Youth's Behaviour, or Decency in Conversation amongst men; with new Additions of a Discourse of Powdering of Hair, of black Patches, and naked Breasts, 80. 1651. The Tillage of Light, A Treatise of The Philosopher's Stone. 80. The Right of Peace and Warr, in 3. Books, written in Latin 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 Holiday Doctor of Divinity. 1654. The Innocent Lady, or the Illustrious Innocent, written Originally in French by the learned Father the Ceriziers of the Company of Jesus, rendered 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.